A claim for inheritance.

There are situations in which, before all the necessary documents are issued, the heirs take active advantage of the deceased relative ' s property.

But it's still required to document the rights to it, so you have to go to a notary, a notary office or court, and you can write a claim for actual succession, a sample of which is being issued on the spot.

The successor, in addition to the deceased's estates, is the debt transferred? The question will be discussed below.

What is inheritance?

Any form of interaction between the successor and the deceased ' s property is recognized as de facto inheritance: administration, administration, payment of taxes, fees, contributions and other expenses.

The adoption of the inheritance by law is evidenced by:

  1. Ownership of the estate of the heir: residence in the estate of the heir at the time of the death of the relative or for a period of six months from the date of death, including the disposal of the deceased ' s personal belongings and their transfer to the deceased.
  2. The use of property is a sub-type of ownership, which includes the management of vehicles for its purposes, the use of furniture, equipment and other items of the deceased.
  3. The purpose of such interaction is to preserve, protect against possible property claims by outsiders: use by purpose, repair, maintenance, directly (signal or new lock) and without possession (repair work inside the deceased ' s home, transfer of the deceased ' s belongings to storage).
  4. Existence of financial costs for the maintenance of the properties, which include payments for utilities, insurance premiums, tax charges, repairs, replacement of spare parts, animal feed, and so on, attention is drawn to whether the above-mentioned costs were borne by the successor in his own right, if not, the costs will not be credited as the use of the inheritance.
  5. Debt performance: The heir may receive the debt that was taken from the deceased or pay his debts; the funeral expenses incurred do not fall within this category and belong only to the host.

An application for effective succession may be made only by persons having legal grounds for it: the nationals are identified by the heirs in the late will of the deceased, by the persons appointed (in turn, if the heirs refuse the will), by the legal heirs.

Исковое заявление о принятии наследства. Образец

Instruments for the accession to inheritance rights

Determination of ownership of the deceased ' s personal effects will require written evidence of the heir ' s actions.

Written and printed documents provide evidence:

  • A sample from the HEC that the citizen actually lived at the designated address before and after the death of the relative;
  • Exit from the municipality on the direct use of the property for its purpose (harvesting, repair work, garage management);
  • Public utility, insurance and tax receipts;
  • Bank statement that payments were received from the heir;
  • cheques and other financial statements for spare parts, components, consumables for the maintenance of property;
  • Service contracts: installation of alarms, leasing, shipment of goods for safekeeping;
  • Bank certificate on the partial or full repayment of the deceased ' s credit obligations;
  • Debt receipts for the issuance or receipt of funds;
  • A statement of claim against persons who illegally own the estate of the testator, with a corresponding reference to the office of the court for acceptance;
  • Recourse to bailiffs;
  • Other documentary evidence of the successor ' s interaction with the estates of the testator concerning the acceptance of personal effects.

All documents presented as evidence must be recorded without error, on a special form, stamped and provided with the outgoing number, date of writing and visa of the person making up.

Исковое заявление о принятии наследства. Образец

Procedure for acceptance of documents by a notary

  • The notary is assisted by an application for inheritance, which indicates the full details of the successor, the heir, the last will of the deceased, the reasons for the registration of the property, the date of compilation.
  • Once the application has been adopted, the notary prepares a document indicating the legal basis for the deceased ' s share or all possession.
  • The application may also contain information on other applicants for possession of the deceased ' s property, information on the location of the property, etc.

If, for any reason, it is not possible for a citizen to hand over the documents to the notary office personally, the papers may be sent through the post office or through a third person; in such a case, the signature of the requesting heir must be confirmed notarized and the power of attorney must be given to a third party.

Mailing is assigned to the period reserved for entry into the law, i.e., mailing through the mail operator is marked by the date of receipt of the letter, so sending the letter through the mail will be considered valid and there will be no delay.

Evidence may be used to increase the chances of a speedy resolution of the matter with the estates.

  • Familiars or relatives of the successor who had been in contact with him during the period of contact with the personal effects of the heir;
  • Neighbors who have observed acts that indicate a citizen ' s accession to inheritance rights;
  • Outside organizations providing their services for the repair, restoration, transport or storage of the deceased ' s property;
  • Citizens who have seen the transfer of money to pay off the heir ' s debts;
  • The owners of neighbouring ducks, garage cooperatives that can prove any manipulation of the deceased relative ' s belongings: the estate or the garage.

Statement of actual succession to notary: sample

When relatives wish to obtain legal grounds for the use of the deceased ' s property, they must make an appropriate appeal for their admission and hand it over to a notary firm.

A request for a certificate of ownership must also be made immediately.

The inheritance form of the estate to be filled in is better taken from the notary so that it doesn't have to be rewritten, and it's only allowed to go to the notary firm that's in the process of processing the inheritance.

  1. Within one statement, it is possible to list several requirements: the successor can immediately record the use of the deceased ' s belongings and the evidence of the right to apply the de facto possession.
  2. The signature of the document is carried out only by the immediate heir, and third parties are not allowed to do so even if there is a power of attorney.
  3. A request for the acceptance of inheritance items shall be made in writing, in relation to regulation 62 of the RL of the Russian Federation on notaries, and shall contain the following data:
  • Name, surname, patronymic of the successor, heir;
  • The place of residence of the deceased recently prior to death;
  • The number when death occurred;
  • An expression of the deceased ' s desire to transfer his property to his relative;
  • The basis for the inheritance;
  • Date on which the appeal was made.

Additional information may be provided if available, including information on other successors, shares of the estate and so on.

Model declaration for notary:

Исковое заявление о принятии наследства. Образец

Statement of confirmation of acceptance of the inheritance through the court

An application for recognition of ownership of the property actually accepted for commencement of proceedings shall be filed with the court only in accordance with the approved template.

The following particulars shall be mandatory:

  • Name of the district court;
  • Name, first name, patronymic, contact details of the plaintiff, other interested citizens, notary officer at the place of succession;
  • The amount of tax charge paid;
  • Grounds for succession (death of a relative, refusal of a successor of the previous order, etc.);
  • Whether there are other applicants for the estate of the heir;
  • Reason for application;
  • Inventory of assets with a list of circumstances in which the successor began actual use prior to the issuance of documents;
  • An indication of the dates determined for actual succession;
  • The purpose of the legal basis;
  • For what reason the matter was not resolved through a notary firm within the legal time limit (6 months);
  • The FIO of the notary, the registration number of the written refusal of the request for succession;
  • The nature of the appeal to the court;
  • An inventory of the attached documentation;
  • The date of delivery of the papers.

The following are attached to the action:

  • Identification of the claimant citizen;
  • The certificate of death of the heir;
  • A document confirming the legal grounds for succession;
  • The act of approving the grounds for the deceased ' s ownership of practically accepted items;
  • Tenure-specific papers (technical passport, inter-relation plan, etc.);
  • A receipt for the payment of the public service;
  • Evidence of acceptance of the deceased ' s property.

In order to obtain the legal basis or the final will of the deceased, a sample of the claim in the actual use of the deceased ' s personal belongings for presentation to the court.

Method and timing of submission

The period of time allowed by law to apply to a notary office for the recording of legal grounds of succession does not exceed 180 days from the date of the death of a relative.

At the end of the said period, it is only through a court that it is possible to document its grounds, and the time of application after the half-year period is not a matter of principle.

The appeal is addressed to the district court at the successor ' s address, and various pieces of paper-based evidence are available and it is recommended that a competent lawyer be contacted for the correct processing of all documents.

If there are immovable objects in the estate actually used, the application shall be addressed to the notary or district court at the address of the property.

Where there are more than one such facility located in different cities, areas, it is possible to transfer documents to the location of one of them or to the place where an inheritance record case has been opened.

Nuances of the statement of acceptance of the inheritance (model of the claim)

The application made by the heir to establish the actual acceptance of the estate of the testator expresses consent to the inheritance rights. A notary in charge of the case can accept or reject the document – everything depends on the grounds.

In the event of refusal, the successor may file an application for confirmation of the fact of the succession and prove to the court the validity of the action; you will learn the details of the article and you will be able to download the claim form; in addition, the portal provides free legal advice in the area of inheritance.

Исковое заявление о принятии наследства. Образец

Acceptance of an inheritance by fact.

The concept of recognition of the right to effective acceptance of the estate is set out in Plenary Decision No. 2 of 23 April 1991 (para. 11, No. 12), which refers to a number of actions indicating the consent of the successor to accept the estate in full.

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Such activities are the administration, application and management of the state of affairs, including expenditure, payment of arrears, etc. We shall consider all actions in detail.

  1. Owner: This means possession of a mass at the physical level, allowing the testator to live in one dwelling or to live in an apartment during the period of succession.
  2. Use: It is a natural act to indicate ownership of property, for example, the exploitation of personal and household goods in the premises, the use of electronics and household appliances in their own right.
  3. Management: Activities aimed at preserving, protecting and repairing the property, including maintaining it in its proper form; it is noteworthy that these may be direct actions (e.g. a new lock on the front door) as well as measures without actual possession (e.g. repair work).
  4. Regulation: In the case of inheritance, this means that the estate can be disposed of at its own discretion, i.e. sell, give, lease, etc. Of course, the use of immovable property, motor vehicles and paper of a valuable equivalent can only be exercised by the successor with a certificate of inheritance, i.e. in this context, the management of personal effects, welfare and furniture, etc.
  5. Such a pregnancy is the payment of payments for utilities, insurance and tax charges, and so on, it is noted that the maintenance of the property is made out of the successor ' s personal funds.
  6. Debts, i.e. payment of the testator's debt or acceptance of the money from its debtors.

The payment of the debt burden should be dealt with separately, for example, a debt that does not concern the heir is a maintenance payment, and the payment of funeral expenses is not a sign of actual succession, and the example of a claim before a court can be downloaded in the following sections.

Important: The above-mentioned actions are not fully provided, and the notary representative and the courts decide on the basis of the situation and significance of each event.

Evidence of actual acceptance of the estate

If an inheritance has been accepted, the successor must provide exhaustive evidence, and consider in detail the relevant evidence that meets the notary and judicial requirements.

The application to the court for confirmation of the fact of acceptance of the inheritance must be confirmed by the following:

  1. Written form of evidence: The most popular element of the evidence base: all attached documents must indicate the commission of certain acts within six months of the death of the testator.
    • A statement of the last address of the testator ' s residence and an indication that the successor lived with him.
    • Certificates from the municipality and the LKH on the use of property, e.g. garage operations, land, property repairs, etc.
    • Utilities, insurance, tax and punctuation checks on the deceased ' s property.
    • Bank statements, certificate/notice of receipt of funds from the successor.
    • Goods and cashier ' s cheques for the purchase of building materials, consumables and spare parts for the maintenance of property from the estate.
    • Contracts, agreements, contracts for repairs, transportation of household and personal effects, alarms, etc.
    • Bills for systematic repayment of the heir ' s debt.
    • Refund/receipt of debt money to the testator.
    • The filing of an application, complaint or application to persons who violate or illegally possess the estate of the estate of the testator must be marked by the office of the court that the application has been admitted to the proceedings.
    • Other documentation.
  2. Testimony of the witnesses: The testimony may be a confirmation of the actual acceptance of the estate; foreign nationals who have no interest in the case take a significant position at the court hearing because they are witnesses to the actions of the successor; the following citizens may be brought before the court in this capacity:
    • Relatives, colleagues, friends, or just acquaintances of the heir who visited his home during his lifetime.
    • Neighbors who had been in contact with the successor during his stay with the heir or at the time of repair, installation of the systems, etc.
    • Citizens involved in transporting goods from the testator ' s home.
    • Workers and others involved in the preservation and maintenance of the estate.
    • People who are able to confirm the successor's use of a vehicle owned by the heir.
    • Support neighbours, if they can identify the successor and confirm the proper use of the land.
    • Neighbors at the garage confirming that he's being exploited by the heir.
    • Understandable in the transfer of debt against the testator, but such testimony is relevant if the amount of money is less than 10 SMICs.
  3. Evidence: Such evidence is the personal valuables of the testator, which are now at the successor ' s disposal, such as decorations, collections, etc.

Important: Each of the documents shall be issued in accordance with the established procedure of procedure: stamp, stamp, date of writing, number of outgoing, personal signature of the authorized person.

The relevance of the claim

In the death of the heir, the notary opens the case, forms the estate and calls the successors.

Исковое заявление о принятии наследства. Образец

A successor who agrees to enter into the right to inherit must write a declaration and thus express his or her consent to the testator ' s condition in its entirety. After accepting all applications from the heirs and related documents, six months later, the staff member of the notary issues certificates; this document confirms the rights of each successor.

Those relatives who already use the estate of the heir and have the right to do so, or if there is a testimonial document, must make a declaration of acceptance of the inheritance (*** as proof of these actions, as described in the previous section).

There are three important aspects to be noted:

  1. Almost every notary official uses his or her model application. Therefore, it is not necessary to spend time searching for a template on the Internet. It is recommended that the notary ' s office at the place where the inheritance case is initiated be contacted immediately after notification. The official will consult and provide a form for filling in.
  2. The successor has the right to specify in the application two requirements for the determination of the effective acceptance of the estate of the testator (specified by separate documentation) and to issue a certificate of right to inherit on the basis of this.
  3. The statement of the use of the property is written by hand and cannot involve a trusted person.

Formation of a statement of claim

In addition to the fact that all inheritance matters are decided first and foremost by a notary, the heir is able to initiate the actual acceptance of the inheritance through a court of law, which is generally relevant when the time limit for entering into the right of succession is missed, or when it is not possible to grant the right to the estate in a standard situation.

Thus, a claim for recognition of an accepted estate from the estate ' s estate should be made only if the delay is respected; the main point is that within six months the heir has performed some act of actual acceptance.

In such a situation, the claim for recognition must be supported by the evidentiary basis for the direct acceptance of the estate of the testator, as well as by the provision to the court of arguments documented as to the valid reasons for the delay in entering into inheritance rights, and the text of the application also specifies the other heirs and address of the notary organization.

An application must be made in as many copies as the parties to the case have; additional copies are required for the plaintiff, a notary and a judicial authority; additional annexes are elements of evidence.

A declaration of succession: a model of treatment

The actual use of inheritance property without formal registration is, unfortunately, not uncommon; after many years of selling an apartment, the owner of one share may find that the second share of the estate has not been registered; thus, a citizen is deprived of the right to dispose of (sale, bequest) property if he does not inherit properly.

In order to resolve the issue, we need to start a trial. We need to consider how we can draw up a statement of succession.

What is the actual acceptance of the estate?

The process of accepting the deceased ' s assets is divided into the following stages:

  1. The first stage is the legal acceptance of the property of a citizen who was the owner of the property until his death.

It includes recourse to a notary, written expression of will to accept or refuse to accept an inheritance, collection and provision of necessary documentation, and conversion of property in its own name.

The legal acceptance of the deceased relative ' s property includes the payment of the State Ministry and the commission of other legally significant acts.

As a result, the heir becomes the official owner of the estate.

  1. Another step is the actual acceptance of the deceased ' s property, which requires a citizen to use the property, manage it, dispose of it, perform debt obligations and incur other expenses in order to secure the property in proper condition.

It matters!If the estate has not only the property but also the debts of the deceased, the person who actually took the estate of the testator is automatically liable for his debts.

Actions aimed at the actual acceptance of the deceased ' s property

The actual acceptance of the estate of the heir refers to the following actions:

  • On actual ownership of property;
  • For the use of property;
  • For the management of property;
  • On the order of the inheritance;
  • the cost of the deceased ' s property.

However, a combination of several actions is not necessary to recognize a citizen as having actually accepted the inheritance, one of which is sufficient.

The actual ownership of the deceased ' s property refers to the physical use of the object in accordance with its purpose, e.g. residence in his or her apartment; the popular version of actual use is the acceptance of a share in the dwelling if the dwelling is owned by the family member in the right to share property.

The use of property is the use of an item in accordance with its needs for its purpose and is applied to dishes, furniture and household appliances.

Thus, the object is used and the citizen actually accepts the inheritance.

The management of an object refers to actions aimed at protecting the object and ensuring its preservation from other citizens.In addition, the facility may need to be repaired; the repair or payment of a specialist for this purpose also applies to property management.

The administration may be related to or without possession; if the heir lives in an apartment owned by the deceased, changes the locks there, sets the counters, performs other activities for comfort, such control is related to possession; if a citizen hands over the property belonging to the deceased owner to be kept by him, such control is not related to possession.

The actual recipient of the deceased ' s property may dispose of it at his discretion.

Such actions are not possible with respect to property subject to compulsory State registration (car, apartment, land).

However, a citizen may give or sell furniture, household appliances, and household goods, such as giving the deceased's home cat to the new owners is an order.

The cost is the cost of the heir ' s maintenance, repair and preservation of the deceased ' s property at his own expense; it will not be the cost of the repair being paid out of the money owned by the heir.

Attention!Meeting the obligations of the deceased person ' s loans, accepting the money that other citizens owed him, receiving the heir ' s funeral allowance, other funds for the funeral, the memorial does not apply to the actual acceptance of the estate of the heir ' s property.

Features of actual acceptance of the estate

If the beneficiary who is legally entitled to do so performs certain acts that make it possible to actually inherit, he shall be considered to be the legal heir; however, the law provides for the formalization of the inheritance.

If the actual inheritance confirms the acceptance of the estate by the end of six months, from the date of the death of the owner, the citizen must apply to the notary.

If the person who actually owns the estate of the heir has missed the specified time limit, it is necessary to confirm the inheritance in court.To this end, the citizen is suing for the actual acceptance of the inheritance and the recognition of the right of ownership.

The burden of proof is placed on the heir, for which the citizen may draw:

  • Documents;
  • Testimony;
  • Physical evidence.

The court or notary will examine the evidentiary basis presented and decide whether or not to grant the claim.

Documentation

The most popular option is the provision of documents.

  • Documents are provided in original form;
  • They must have the date, signature of the authorized person and the name and stamp of the issuing organization.

It matters!Thus, it can be understood whether or not the citizen inherited during the prescribed period.

As documentary evidence, a citizen may provide:

  • The bank ' s statement of payment;
  • A certificate of payment from the heir ' s account;
  • Statement to the MTSP;
  • Application to citizens who illegally took possession of the deceased ' s property, which was destined for the recipient, with a stamp from the judicial office, for the acceptance of the document;
  • A receipt from a person who has received a debt from the heir or from a citizen who has returned the money occupied by the deceased;
  • Bank statement for repayment of the loan or for full repayment by the heir;
  • The contract for the protection of the deceased ' s property (a contract with a paid parking lot, a garage rental, a bank cell);
  • Collections and cheques for the purchase of items for the repair of inheritance property;
  • Documents confirming payment of rent, contributions, utilities;
  • certificates issued by garden associations, municipalities or public authorities on the actual use of the deceased ' s property (harvest collection, renovation of the apartment, treatment of the garden);
  • Information from the ECU or the management company that the recipient had permanent or temporary registration in the deceased ' s residence, both before and after his death.

The list is not exhaustive; a person may submit any documentation that proves that the deceased ' s property has been used within six months of his death.

When a claim for actual inheritance is filed, the sample documents are submitted to the defendant, and only originals are handed over to the court.

Исковое заявление о принятии наследства. Образец

Witness engagement

The claim of acceptance of the inheritance must be supported by additional information; if documentary evidence is insufficient, the citizen has the right to bring in persons who can confirm the acceptance of the deceased ' s property.

The following citizens may be called as witnesses:

  • Who personally visited the heir while living in the deceased ' s residence;
  • Who were personally present at the time of the repayment of the deceased national ' s debt to his creditor;
  • Who own other garages, in the garage cooperative, where the garage belongs to the deceased;
  • Who own gardens or gardens near the land belonging to the deceased;
  • Masters who have carried out repairs to the estate, which is part of the estate;
  • Who assisted in the transportation of property belonging to the deceased (metals, household appliances);
  • Living in neighbouring apartments with an apartment owned by the testator.

It matters!The law does not limit the list of citizens who may show in court that the recipient has made a timely inheritance; the only condition is the duty of personal presence in the use, possession, disposal or administration of property previously owned by the deceased.

The deceased ' s property

By filing a claim (sample below), a citizen may prove the deceased ' s belongings, which may include items belonging to the deceased citizen and used by the heir after his death, such as watches, laptops, telephones, jewelry.

For an object to be considered physical evidence, it must be identifiable and must also be part of the estate.

Step-by-step guidance for formal inheritance

If a person actually inherits, he or she has the right to have his or her property formalized.

It is possible to obtain a certificate of inheritance:

  1. Through a notary.
  2. Through the courthouse.

If the citizen has sufficient evidence of actual acceptance of the inheritance, a notary whose office is located at the place of the deceased ' s last residence or at the place of the property must be contacted.

If the evidence is lacking or is not credible, the right must be established by a court of law.

  • An action to establish the fact that an inheritance has been accepted (incriminating proceedings);
  • Application for recognition of actual inheritance (special proceedings).

The claim procedure is applicable in the event of a dispute between the heirs; the claim may contain several requirements at the same time; for example, establish the fact that the inheritance has been accepted within the statutory time limit and the determination of the share in the estate.

A special proceeding shall be used if there is no dispute between the heirs and if there is only one beneficiary of the estate in the heir, and the citizen shall request that the fact of the inheritance be established.

The application shall be examined by a district or city court and submitted to a court located at the place where the deceased ' s property is located; if the estate includes several immovable property, the application shall be made at the place where the inheritance is opened or at the place where one of the apartments is located.

Model claim to establish acceptance of the inheritance

A declaration of actual acceptance of an inheritance is made in the course of legal proceedings; this is necessary in the event of a dispute between the recipients of the property; the instrument may include several claims at once so that, as a result of the decision, the owner may acquire his rights to the property without further litigation.

Model declaration of acceptance of the inheritance:

  • Information on the court to which the application is filed (name, address);
  • The applicant ' s data (F.I.O., registration address, passport data, contact number);
  • Respondent data (F.I.O., registration address, passport data, contact number);
  • Information on other stakeholders (e.g. local governments);
  • Total value of property owned by the heir (suit price);
  • Name of declaration;
  • Information on the deceased (F.I.O., date of birth, date of death, last place of residence);
  • Data on the grounds for the inheritance (a will or a law);
  • Information on actual inheritance acceptance;
  • Reference to legislation;
  • The applicant ' s claims;
  • Requirements for the attendance of witnesses;
  • A description of the documentation attached;
  • Date, signature and name of the applicant.

You can download a model of an inheritance application here.

The application shall be made in writing and shall be accompanied by the full evidentiary basis; the document shall be issued in copies by the number of participants in the proceedings; originas shall be made available to the court; copies shall be made for the defendants; each sheet shall be signed by the applicant: a copy of the applicant ' s identity, signature, name and initials.

The difficulty of recognizing inheritance was a long period that had passed since the owner ' s death; many years later, it was difficult to determine whether the acts in question had been carried out within the prescribed time limits.

If the citizen has the necessary number of evidence and witnesses, the court will recognize his right to property without further difficulty; otherwise, the citizen may have difficulty in filing documentation.

Application for acceptance of an inheritance

Исковое заявление о принятии наследства. Образец

There are disputes concerning inheritance and the division of property in the absence of a will certified by a notary and the restoration of the legal right to inherit in situations where the legal time limit for applying for the right to inherit has been missed; and the heirs who have committed an indecent act against the heir are deprived of the right to inherit by the court.

According to the SC of the Russian Federation, within six months of the establishment of the right of inheritance (required by will or by the law in force), a legal right of inheritance can be entered into; a declaration and a package of documents confirming that right must be transmitted to the notary.

Actual acceptance of the inheritance

The actual acceptance of the inheritance shall be deemed to have been performed if the heir has performed such acts in respect of the property belonging to him:

  • Acquired or administered;
  • Paid the expenses necessary for the maintenance of the property;
  • Take timely measures to preserve it (in particular against attacks on the property of third parties);
  • Payed the heir ' s debts from his own funds;
  • Accepted the amounts due to the heir from its debtors.
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Of the total amount due to each of the statutory heirs, he or she must receive at least half.

If the heirs who claim to have a will have a legitimate reason to demand a reduction of the compulsory share or to refuse to award it altogether, they may apply to the district (city) court, located at the place where the inheritance rights are granted, for a judicial decision on the matter.

If, for an arbitrary reason, one of the legal heirs has missed the legal time limit for accepting the inheritance, the notary is not entitled, under the Code of Criminal Procedure, to issue to him himself a document on his legal right (certification) to receive the inheritance.

In such a situation, in order to regain his right, he must have recourse to the courts.

Significant evidence of respect for the reasons for non-participation in the case may be documents and evidence to the effect that, at the time of the opening of the case, the heir did not receive information about the death of the heir or could not otherwise have arrived.

In order to apply to the court, a valid legal statement of inheritance must be drawn up, documents must be collected to prove that the claimant is related to the heir, and to prove ownership of the estate of the heir against whom the claim is made.

An application for inheritance is made to a notary office located at the place of residence, the defendant ' s place of residence, if the natural person concerned is a legal person.

The statement shall contain the following particulars:

  • The complainant ' s name is F. I. O.
  • The actual address of the applicant ' s place of residence;
  • Date of death of the heir;
  • F. I. O. heir;
  • The heir ' s relationship with the applicant;
  • Composition of inherited property;
  • Documents proving the legal acceptance of the inheritance.

Examples of applications for inheritance

Examples of applications for inheritance

The main step in determining the commencement of the processing of inheritance rights is the writing of the declaration in question; such a document is of a certain form and is modelled on a particular model.

Example of a declaration of succession

Samples of any paper required for the writing of inheritance rights can be found by a notary, but the acceptance of the inheritance mass is carried out by two available heirs in the following ways:

  • by lawIf there is no will made by the heir in the course of his life, the next of kin have the right to inherit; priority is set out in the Civil Code of the Russian Federation and is respected in each case;
  • by willIf the testator has left a testator ' s will, the persons listed therein will inherit.

Исковое заявление о принятии наследства. Образец

The application for legal succession is as follows:

Notary of Kozlitz by A.K.G.
From the citizen of Skurko Vasili Demidovich,
living in the village of Aiski

Pleasure District, Sandy Street, D.28.

Statement

I hereby express my desire to accept property that will be transferred to me by law after the death of my father, Skurko Demid Petrović, which was discovered after his death on 29 February 2013. There are no other heirs.

  • A private house in Aisksk D.28;
  • CAMAZ vehicle registration plates P212
  • A collection of old furniture consisting of three items (diwan and two chairs), produced in 1890.

Model statement of claim for actual acceptance of a will

On 1 February 2007, the Leninsky District Court of Omska examined in open court the civil case on the application of A.B. to establish acceptance of the inheritance, A.V.

A.M. applied to the court to establish the fact that he had accepted the inheritance that had opened after his grandmother's death.

In support of his claim, the complainant stated that he was A.M.'s grandson.

Recognition of the right to inherit through the courts

Very often, there are situations in which the heirs do not have in their possession proof of ownership of the property (real property).

Or, for example, it turns out that someone else is claiming property that a citizen already believed to be his own.

How can an inheritance be made in such cases under the law? Such a method is recognition of ownership through a court of law.

Application for confirmation of acceptance of the inheritance

The actual acceptance of the inheritance is the basis for the notary ' s issuing a certificate of entitlement to it.

However, in the event that the notary considered that the evidence of acceptance was insufficient, the acceptance of the inheritance was determined by the courts.

In order to do so, the successor must file an application with the court, the place of his residence or the place of his immovable property, which must be reviewed in an exceptional manner.

We're writing a statement to establish acceptance of the inheritance.

My father (FIO, date of birth, last place of residence) died in 2015 and this fact confirms the death certificate No. __ of "__" of 2015, the heir to the law of Release I, (FIO), is the confirmation of the birth certificate.

Pursuant to article 1153 of the Russian Civil Code (instituting an application to a notary at the place where the inheritance is opened), I submit this statement confirming the fact that I am prepared to accept the inherited mass, regardless of where it is located and what it is expressed.

The Civil Code, in article 1153, paragraph 2, recognizes the heir as having actually succeeded, unless otherwise established, when he has committed acts that refer to the taking of property, namely:

  1. received all material payments due to the heir from other persons.
  2. At his own expense, he paid off a dead relative's debts.
  3. kept the property and was concerned to secure it from its own funds
  4. Has taken steps to preserve the inheritance, and has taken care to protect it from claims and abuses by other citizens
  5. Accepted property ownership and management

Model declaration of acceptance of the will

  • (number, month, year) died (name, name, patronymic) as my (relationship with the applicant).
  • The following witnesses (names, names and patronymics of witnesses, their address of residence) who are requested to be called to court may confirm these circumstances of acceptance of the estate.
  • Due to the circumstances of _________________(list of reasons), I did not apply to the notary within the statutory time limit for a certificate of succession under the law.

Is it fair to seek massive compensation for the forgery if the right holder suffered minor losses and the violation itself was the first and not the worst? That was the subject of the Supreme Court's debate.

This property (if any) has been transferred to my possession and I have actually accepted the inheritance.

This is confirmed by ___ (to provide evidence that the inheritance property has been acquired or administered by means of measures to preserve the inheritance property, protect it against attacks or claims by third parties to pay the cost of maintaining the inheritance property at their own expense or to obtain money due to the testator from third persons).

Actual inheritance

Do you want to acknowledge or challenge the actual inheritance?

We can help you, check the legality of the inheritance, explain all the subtleties and nuances of the inheritance procedure.

We'll look into all the circumstances of the case and gather the necessary documents to correct the problem.

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Application for acceptance of a model form

  • The procedure for accession to inheritance rights is not always a simple procedure.
  • Especially since she is burdened with mental suffering about the dead.
  • Succession without partition 

If the heir is alone, the problems are much smaller.

If the property was divided in advance, you can solve the problem in a good way, and if you don't, you're gonna have to do it through court.

A claim must be filed in any of the cases listed; only the judge ' s determination is final documentary, confirming the right to use inherited property.

Under the legislation of the Russian Federation, claims must be made within six months of the death.

It may happen that the applicant (a relative) did not have the opportunity to know about the burial, in which case he may apply for an extension of the period of succession.

Thus, all applications to the court for succession can be grouped into several groups:

  1. The claim is one, then the essence of the claim is to establish the legality of the owner's rights.
  2. There are several claimants, the matter is settled in advance, and the purpose of the treatment is to legitimize the equity rights.
  3. The applicant has no agreement, and the court will have to determine the degree of kinship and determine the legal shares of the heir.

You can download a sample of it free of charge from us.

Succession with section 

Another is this section, in which case, without the help of a lawyer, it is extremely difficult to understand, and mistakes can be made at the stage of drafting a complaint, especially since competing actors can come up with a legal fix.

When writing a statement of claim, it is necessary to understand the outcome of the proceedings.

The section may be such as:

  1. Property is being disposed of by one of the participants.
  2. It's separated a priori.
  3. One of the participants pays shares of the rest of the money.
  4. Property (home/rent) is to be exchanged or sold (with the subsequent allocation of the money received).

It follows that very careful and careful consideration must be given to the formation of the price of the claim.

The request is formulated in accordance with the desired result (from the list above) and all the requirements in it need to be justified by specific articles of the laws of the Russian Federation; it will be difficult to do so on its own; the video below this page will help solve this problem.

The following is a model form and a model application for inheritance, which can be downloaded free of charge.

A claim for inheritance. Reference to main publication