How to register an inheritance after the death of a mother

After the death of a loved one, in addition to grief and mourning events, a lot of organizational troubles and matters arise.

First, you need to draw up a death certificate at the territorial branch of the registry office located in the locality where the citizen died - the main document that will be needed everywhere: without it it will be impossible to receive the deceased’s last pension, funeral benefits, register guardianship, and also enter into an inheritance .

Certification of death is carried out on the basis of a medical certificate issued by the medical institution where the relative died, or a decision of the Supreme Court (when declaring a citizen dead). The issuance of a certificate is not subject to state duty. In this article we will look at how an inheritance is registered with a notary after the death of a loved one.

How to register an inheritance after the death of mother, father and other relatives

To register an inheritance, you will need to come to a notary office located at the place where the inheritance was opened. The first question that may arise is whether the deceased left a will. If the last order has been made, then the inheritance process will be simple if the document is correctly drawn up (in the legal sense).

When can you get a certificate of inheritance?

The inheritance opens as soon as the citizen dies. And from this moment exactly 6 months are counted. For missing persons and persons whose date of death cannot be determined, the discovery point is considered to be the declaration of the citizen as deceased by the judicial authorities. Theoretically, the registration of the certificate can begin immediately after the death of the testator.

However, one should not rush to do this, not only because of ethical considerations, but also in order to give time to other heirs to declare acceptance of the inheritance, or to refuse it.

But you shouldn’t start registering an inheritance too late, since collecting documents, especially to establish family ties, also takes time. For example, if there is no birth certificate, it will have to be restored by contacting the archives of the registry office, sometimes in another city.

• The period for accepting an inheritance (SPN) can be reduced to 3 months for persons whose right of inheritance was transferred from a previous heir who did not have time to accept the inheritance within six months from the beginning of its opening.
• For persons called to inherit after the heir refused it or turned out to be an unworthy heir, the SPT is equal to 6 months.
• If the heir did not manage to accept the inheritance within the established period for a good reason, then by a court decision the period for acceptance may be extended.

How to find out if there is a will

You can verify the existence of a will by conducting an “audit” of the home archive of the deceased, where you can find a second copy of the will (the first, as you know, should be with the notary at the place where the testamentary document was certified). However, if a closed will was submitted, nothing is given to the testator: the document in a single copy in a double sealed envelope is stored in the notary's office.

Both an ordinary and a closed will are registered in the Unified Information System of the Notary (Unified Information System of the Notary), so if the testator submitted it to the notary, information about this will be reflected in the Unified Information System database. And this is precisely the clue that will allow us to establish with 100% accuracy the fact of the existence of a will.

We remind you that registration information does not constitute a disclosure of the secrets of the will.

When opening an inheritance under a will, the notary must verify the identity of the heir:

• check your passport or other identification documents;
• make sure that the person contacting him is not an unworthy heir;
• check whether among the relatives of the deceased there are heirs with the right to a mandatory share.

First steps in the absence of a will

In the absence of a will, the process is more labor-intensive, as it requires the establishment of inheritance priorities. The Civil Code considers only 8 lines of heirs (Articles 1142 - 1145 and Article 1148 of the Civil Code of the Russian Federation). Therefore, the first step is to reveal the law in the original source and figure out in which circle of heirs the applicant is located.

Determining the queue among other heirs

Maximum priority goes to the heir who is the deceased's first-degree close relative: wife or husband, son or daughter, mother or father. The inherited property will be divided in equal shares among all first-priority beneficiaries.

If the deceased does not have his own family and parents, then the turn in the right of inheritance goes to the brothers and sisters, grandparents.

Attention! Adopted children, adoptive parents (guardians), and half-siblings have equal rights with their relatives by origin and full-blood relatives.

Chance for those who were not included in the summoned circle

But you can become an heir without even being in the circle that is being called upon at the moment. Is it possible:

• in case of refusal of the previous heir;
• his refusal to accept his inheritance;
• deprivation of the right to inherit by the testator;
• upon the death of an heir by the right of representation, which exists among the descendants of the heirs of the first three orders (does not apply to unworthy and deprived heirs);
• death of an heir by right of hereditary transmission;
• when dependent on the testator, subject to incapacity for work: in this case, the dependent may not even be an heir by law if he lived with the deceased together for the last 12 months before death (Details in the article on heirs of the compulsory share).

Where to go to register an inheritance

Often the relatives of the deceased do not know where to go to register an inheritance. Some people believe that they can go to any notary, and begin to act in parallel in several places at once.

It is very important to avoid misunderstandings during inheritance, to open the inheritance in a specific place, which should be the only one. The place of opening of the inheritance is chosen either according to the last place of residence of the testator, or according to the location of the most valuable property (usually a real estate object or the most expensive movable property).

The second option is acceptable:

• if the last residence address cannot be determined;
• the deceased was outside Russia.

It is important to know that inheritance of real estate occurs according to the rules of the country where the property is located. At the same time, movable property, even located outside the country, can be inherited in accordance with the laws of the state of which the deceased was a subject.

What documents are needed

To register an inheritance with a notary after the death of a loved one, you will need to prepare:

• death certificate;
• identification document of the heir;
• a certificate from the last place of residence of the testator;
• if there is no information about permanent residence, or the testator died abroad - a certificate of the location of the inherited property - apartment, house, dacha (if there are several real estate properties, the most expensive one is chosen);
• an extract from the house register;
• documents for inherited property;
• documents of title (in case of inheritance by law):
• Marriage certificate;
• birth certificate;
• court order establishing guardianship;
• certificate of disability or dependency, etc.

Registration of a certificate of inheritance is half the journey. To obtain owner rights to a property, you will need to register in the state register (USRN) by providing the following documents:

• certificate of ownership (or extract from the Unified State Register) of the testator’s real estate;
• certificate of inheritance;
• certificate of absence (or removal) of encumbrance (unpaid mortgage, easement, etc.).

Inheritance of non-property property

It is not always possible to become the owner of inherited property. If we are talking about privatized housing, and the inherited apartment has not yet been privatized, then ownership rights can be formalized provided that there is proof of the deceased’s unfulfilled intention to privatize the housing. For example, he managed to write an application, gave documents, etc.

If a land plot is inherited as a land plot (inherited for life), which is not the property of the deceased, the heir also cannot be the owner. He has only the rights to use and bequeath the property by inheritance. Registration of ownership rights to night vision devices was allowed until 2006.

Why do you need an inheritance appraisal?

Before entering into an inheritance, it is recommended to evaluate the inherited property at its market value. This is especially important if indivisible real estate is inherited. How, for example, can you divide an apartment among three heirs when allocating a share in kind is impossible?

The apartment is valued in monetary terms and the share of each heir is calculated.

The right to live in the apartment will be given to the one who lived in it before, when the testator was still alive.

If there are no heirs living together with the deceased, the priority right of residence will be with the one who was the first to actually accept the inheritance:

• began to live indoors;
• replaced the locks;
• began to pay for services, took care of the safety of property, etc.

The one who took possession of the apartment, that is, became the owner of an entire indivisible object, will have to pay a share to the other two heirs in the amount of ⅓ of the value of the property.

Example

The heirs (husband, daughter and son of the deceased) were thinking about how to formalize the inheritance after the death of their mother: a two-room apartment and the cash savings of the deceased. The husband lived with his deceased half, and he had no other housing. The children lived separately, each had their own family and living space.

The notary explained that the father has the priority right of ownership. The latter is obliged to pay one third of the cost of the apartment to his son and daughter. To determine the cost of housing, the heirs turned to a technical expert.

The assessment protocol was attached to the documents that were collected to formalize the inheritance.

Registration cost

When issuing a certificate, a state fee is paid:

• 0.3% (but not more than 100 thousand rubles) - close relatives;
• 0.6% (maximum duty - 1 million rubles) - remaining heirs.

You can become an heir without registering an inheritance

Submitting an application to a notary and drawing up a certificate of inheritance are not fundamental signs of accepting an inheritance. It is possible to assume your rights without documentary evidence. And this is the actual acceptance of the inheritance. It is subject to all other laws of inheritance, including the terms of acceptance, the right of refusal, etc.

However, it will be possible to become the full owner of inherited property with the possibility of free disposal only after issuing a certificate of inheritance and registering property rights. The timing of these actions is not regulated, that is, the inheritance accepted after the fact can be processed at any time convenient for the heir.

Multiple evidence possible

• The notary may, at the request of the heirs, issue one common certificate for all. In addition, each heir can receive his own separate property.
• Registration of an inheritance with a notary after the death of a loved one can occur in stages with the spontaneous appearance of previously unaccounted for property. In this case, a second certificate is issued for that part of the inheritance that was inherited later.

How to properly register an inheritance after the death of a mother

For children, the death of a mother is a grievous loss. If the deceased woman has property left, then the children need to accept the inheritance. This article will help the reader understand where and when to apply, and what order of mandatory actions to take.

Attention! Both rights (property) and obligations (debts) are transferred by inheritance. You can accept it completely, or refuse everything. It is impossible, for example, to accept a house, but refuse utility debts on it.

How can children inherit after the death of their mother? Available methods

The actual transfer of the property of the deceased testator is not a sufficient basis for the transfer of rights to it. Will the new receiver be able to legally dispose of and own the thing if the inheritance is formalized correctly? So, how and in what ways can you arrange an inheritance after your mother passes away?

If there is a will

Any citizen has the right to draw up a will in the event of his own death. His will must be documented and certified by a notary. After such registration, a copy of the will is issued, the second form remains with the notary. Where will it be possible to register an inheritance after the death of the mother then?

You need to contact a notary who, based on the receivers’ application, will be able to open the process and issue a certificate of ownership. The property is distributed among the applicants in the shares indicated in the document by the manager. If such a clause was not provided, then everything will be divided equally.

If the will does not take into account the interests of persons who are classified as obligatory beneficiaries, then they will be allocated a minimal share. This is half of the part that they could count on under the law. Mandatory include natural/adopted children under 18 years of age, as well as dependents.

On a note! Minor offspring will receive a minimum share of the mother's inheritance, even if she does not include them in the will.

If there is no will, it’s time

If there is no testamentary disposition, after the death of the mother, who will own her property? For such a case, the state provides a legal procedure when the interests of the receivers are taken into account taking into account their degree of relationship. There are eight queues. And heirs of a lower order receive rights only if there are no representatives of a higher order.

In each group, the heirs have equal rights among themselves. They receive equal shares of the property and the owner's debts. Each of the participants can refuse their part, then the division is made between the remaining persons. It is also not prohibited by law to write a refusal in favor of one of the applicants.

Important! Children are considered first priority recipients. And after the death of the mother, they will receive the inheritance directly. Also included in this group are spouses and parents. For example, a single woman has only a son. There is no husband or parents. So he will be the only direct heir.

How to properly arrange an inheritance for children after the death of their mother. Place and time

So, we have determined who the first heir is after the death of the mother. These are children, husband and parents. Now let’s look at no less important points, namely where the re-registration of rights is carried out, in what time frame it needs to be implemented.

Attention! If the heirs are absent, do not declare themselves on time, or renounce their rights, then the property will be transferred to the ownership of the state or municipality.

Place

So, in the event of the death of a parent, how to arrange an inheritance and where to go? Initially, the fact of the mother's death is established. To do this, you need to take a certificate, which is issued by the registry office on the basis of a medical report. In some cases, this circumstance is established in court when identification of the body is required.

When the certificate is in hand, registration of inheritance rights takes place in notary offices. Which specialist should I contact? You must contact a notary at the following location:

• mother's last actual place of residence;
• the location of the parental property (its main part).

If, for example, the owner had an apartment in one city, and a bank deposit was opened in another locality, then the inheritance should be opened at the location of the real estate. The notary will be able to send inquiries to the bank regarding the deposit, and it is easier to obtain information on this part of the property remotely.

Deadlines for accepting an inheritance

When should you enter into an inheritance? Almost every potential receiver is interested in this question. The opening of the inheritance process occurs on the date of death of its owner. If the exact date is not known, then the court must determine a tentative date. In case of acceptance of rights, the moment of transfer will be considered the moment of death.

Rights must be claimed within six months after death. If the deadlines are missed for an unexcused reason, the applicant will lose them. Valid reasons are being abroad for work, serious illness, lack of knowledge. All these circumstances must be proven; the court itself decides whether the reason for the omission is valid.

Now regarding the timing of the certificate. It can be issued no earlier than six months from the date of application. Without such paper, you will not be able to exercise your rights regarding the disposal of property.

The order in which you can accept an inheritance and methods

So, the legal heirs have already been determined, you can take care of accepting the inheritance. The law establishes two methods - legal and actual acceptance. The first option is registration according to all the rules.

By submitting all data to the notary, you agree to receive the inherited property and obligations regarding it in full. The second option is actual use, in which obligations must also be fulfilled.

Example: A daughter remained to live in her mother’s apartment after the death of her first daughter. In fact, she inherited the rights to use the living space, and at the same time the obligations to pay utility bills and other obligations.

The actual method does not always pay off, since in the case of cars, land, apartments, and summer cottages, legal registration will be required. The fact is that the right of ownership and disposal is acquired only when objects are registered and registered with the state. Without this procedure, it will be impossible to sell, donate or otherwise alienate the inheritance.

Attention! A certificate from Rosreestr is a document that gives all rights to real estate, as it establishes the identity of the new user.

Procedure or what children need to do:

Establish the fact of maternal death. A certificate is taken from the registry office.

Apply to a notary. The period for entering into inheritance is 6 months.

Payment of state duty for issuing a certificate. Division of inherited property if necessary.

Receipt of the certificate six months after the application of rights.

Contact Rosreestr, if we are talking about real estate, to obtain a certificate of ownership. Issued after changes are made to the database.

• Question: After the death of the 1st sole parent, who is the first heir?
  As I understand it, children are the first heirs after the death of their mother? And what if my mother’s common-law spouse claims part of the apartment? Answer: When inheriting without a will, the first heirs after the death of the mother are spouses, parents, and children. Equal rights apply to relatives of the first line, who are called first. Your stepfather would indeed have rights to your mother's property if he were legally married to her.
• Question: My grandmother and I are, in order of priority, the first-degree heirs after the death of our mother.
  We are the two of us and live in my mother’s house, can we register an inheritance for two with one certificate? Answer: Application for entry by each heir separately. You may be given equal shares on paper. But if one of you writes a refusal in favor of the other, then one person can handle the registration procedure. But it is worth remembering that the right to property provides for the right of ownership (living in an apartment), as well as disposal of the object and responsibility for it.
• Question: Mom died a few months ago.
  I returned from working abroad, I want to re-register the inheritance, but the death certificate was with a deceased neighbor, no one now knows where it is. How can I restore my mother's death certificate? Answer: First of all, get an extract from the house register at the place of residence of the deceased relative. Next, pay the state fee and go to the registry office for a duplicate.

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Receiving an inheritance after the death of the mother: who will become the successor

Inheritance is the transfer of ownership rights to the property of the deceased to his official successors. One of the common options for this situation is children inheriting property after the death of their parents. Receiving an inheritance after death provides for a certain procedure for registering the rights of recipients.

How and when to enter into an inheritance after the death of parents, namely the mother, we will tell you in our article.

Receiving an inheritance

When registering an inheritance, the receivers provide the notary with a full package of documents: grounds for entry, personal data of possible recipients, information about the property.

The property that will be transferred to the children from the mother may be the following:

• Real estate: apartment, house, land, factory, garage.
• Vehicles.
• Financial assets: bank deposits, shares and securities.

Most often, the object of inheritance is real estate.

Inheriting a house from your mother has its own characteristics. You will need to collect documents not only for the residential premises, but also for the land plot on which it is located. To determine the amount of the state fee for issuing a certificate, an assessment of the value of the property is carried out. The heir has the right to indicate its inventory, cadastral or market value (as a rule, the price that is lower is indicated). After receiving the certificate, you will need to re-register the house through Rosreestr. On average, registration takes 30 days. The heir becomes the full owner after making an entry in the Unified State Register and receiving an extract from it.

By will

The mother, like any citizen, has the right to express her will regarding her personal property by writing a will.

The text of the document indicates a list of persons who will have the right to inherit everything that belonged to the testator. If several applicants are indicated, then the will may indicate the size of the share of each of them.

In the absence of such information, the entire inheritance will be divided equally between the recipients by the notary.

The mother can also indicate in the text of the will certain conditions for the acceptance of her property, as well as write a list of those who are not worthy of receiving the inheritance. Often, parents may deny their children the opportunity to get their apartment, giving this right to another person. If you are not an heir with a mandatory share (we will talk about it below), then all you have to do is accept it.

A will can be challenged by going to court. But a decision in favor of declaring a document invalid is possible only on the basis of significant arguments.

In practice, courts recognize a will as void if the document was drawn up with gross errors and was not registered with a notary.

Also, the fact that there are no successors with a mandatory share in the document may be a reason for canceling a will.

If there is a will, you need to find it and transfer it to the notary along with other documents to formalize the inheritance. Read on our website: how to find a will.

In law

If there is no will, then the rights of the heirs are established by the Civil Code. Chapter 63 of the Civil Code of the Russian Federation establishes the order of receivers who may become contenders for abandoned property.

The main recipients of an apartment and other property after the death of a mother (Article 1142 of the Civil Code of the Russian Federation) are her natural or adopted children, official spouse and parents (grandparents of the heir on both sides).

In case of refusal or absence of the first round of applicants, the right to receive property by inheritance passes to the next priority. In this case, the grandmother or grandfather, brother or sister of the mother can register for entry.

1. Children, parents, mothers' spouses.
2. Her grandmother, grandfather, brother, sister.
3. Uncle and aunt.
4. Mother's great-grandparents.
5. Cousins: grandparents, mother’s grandchildren.
6. Cousins, uncles and aunts, great-grandchildren, nephews.
7. Stepparents and children: stepfather, stepmother, stepdaughter, stepson.

You can read more in our article: inheritance by law.

Types of inheritance

How to enter into an inheritance after the death of a mother? Children can do this in two ways: formalize the receipt of the inheritance from a notary or make the actual entry.

Inheritance with registration

The first method of entry involves all heirs contacting a notary office to express their rights. To do this, an application is written and a package of documents is collected.

Six months after the death of the testator, the notary issues an inheritance certificate to each recipient of the property.

This document confirms your right to certain of your mother’s possessions: all or part of it (if there are other heirs).

Based on the certificate of inheritance, you can contact the registration authority to register in your name the ownership rights to the property allocated to you.

Actual acceptance

The actual entry does not require the heirs to contact a notary office. It is enough to start using, for example, your mother’s apartment after her death.

This method of entry is characterized by the presence of actions on the part of the heirs in relation to the inheritance.

Receivers can live in an apartment, drive a car and incur related expenses (payment of utilities, taxes).

You can register the entry upon actual acceptance at a notary’s office by providing the specialist with evidence of use and safety of the property. But often the notary refuses to register the case.

In this case, you should write a statement of claim to the court to recognize your rights.

Registration of inheritance after the death of parents through the court requires certain evidence. These may be receipts for payment for utilities, service agreements, statements of repayment of debts of the deceased.

It is possible to obtain a certificate of inheritance only if there are actions in relation to the mother’s property that were committed within 6 months from the date of her death.

Contacting a notary

So, you have become the heir. Where and how to register an inheritance after the death of a mother? The choice of a notary office is possible on the following grounds:

• Territorial relationship of the organization to the place of last registration of the mother.
• The notary's office refers to the location of the inherited property.
• A notary deals with inheritance affairs of citizens according to the specific first letter of the testator's surname.

When can you receive an inheritance after the death of your mother? The application to the notary must take place no later than 6 months from the date of death of the mother .

Sometimes such a date can be set in a court decision declaring a citizen dead.

If the primary recipients of the property have not taken any action towards inheritance, then the registration period for other applicants can be extended up to 6 months from the date of the decision to transfer rights.

Documents for registration

After writing the application, you will need to prepare a package of documents and submit them to the notary's office. Requirements for a set of papers may vary, but the main list is:

• Grounds for entry: will, proof of relationship (marriage or birth certificate).
• Information about the deceased: death certificate, extract from the place of registration and deregistration.
• Information about receivers: passport, application.
• Information about inheritance: certificates and certificates of ownership, purchase and sale or gift agreements, documents on opening a deposit, papers on the right to own a car.

When registering an inheritance for real estate, it is also necessary to provide technical documentation (technical and cadastral passport), an estimate of the cost of square meters, statements about the absence of debts on taxes and utility bills.

Hereditary transmission

Article 1146 of the Civil Code indicates how the inheritance passes after the death of the mother by the right of representation (transmission). If a son or daughter dies before the death of the mother, then the successors of the children can take advantage of their right to join.

Example: a mother had two sons. Before her death, one of the sons dies, but he has a daughter. It is she (as the representative of her father) who will enter into inheritance by death with her uncle (the testator's son).

The procedure for registering rights to property is the same as for regular entry. It is enough to contact a notary office, where you should write an application and attach the necessary documents. Evidence of hereditary transmission will be documents indicating the degree of relationship with the deceased successor of the mother.

Refusal of inheritance

In addition to the opportunity to accept inheritance, you can refuse this opportunity. To do this, you should contact a notary and write a corresponding statement there. There is no need to prove the reasons for your behavior, but in practice, refusals often arise due to the presence of debt obligations of the testator. And when accepting property, all debts must be paid to the receivers.

The inheritance must be renounced within 6 months after death. But you don’t have to take any action: neither formalize nor refuse inheritance. Missing a deadline is legally comparable to a refusal. Therefore, after six months, a non-registered recipient is deprived of the opportunity to join.

Remember that refusal is an irrevocable decision. The refusal cannot be cancelled.

If a mother has several children, then any of them can decide: to renounce their share in favor of another applicant or not to indicate one.

It is not allowed to write a refusal in relation to part of the property. The receiver has the right to accept all property or refuse it. Partial acceptance of an inheritance is impossible.

Mandatory share

Among applicants for inheritance by law and by will, there is a circle of persons who have the right to an obligatory share. Regardless of whether they are heirs by succession or by will, they can claim part of the mother's estate. The following heirs fall into this category:

1. Minor children or disabled children (incompetent, incapacitated).
2. Disabled parents (for example, elderly).
3. Dependents.

The size of the obligatory share is equal to half of the part that could go to the recipient by law.

Dependents are a special category of heirs. They can be both relatives and strangers. The main conditions for obtaining such status are cohabitation with the testator on his territory and financial dependence on him for a period of at least a year.

State duty and its amount

Inheriting an apartment after the death of the mother also involves paying a state fee. Its size depends on the value of the inheritance (or share in it) that goes to the recipient. It is for this purpose that the notary requires an assessment of the value of, for example, an apartment, land or car.

The amount of the fee depends on the proximity of the recipient’s relationship:

• 0.3% of the price of the property is paid to the state by the heirs of the 1st and 2nd stages.
• All other participants pay 0.6% of the value received.

Heirs who lived together with the testator before his death and continue to live in his property are exempt from such expenses. Half of the established fee is paid by recipients with disabilities.

Read our article: costs of registering an inheritance.

Accepting an inheritance and registering it can raise many questions and difficulties. In such situations, it is best to contact a specialist who can explain the situation and tell you about your rights. On our website you can ask your question free of charge to an experienced inheritance lawyer who will provide all the necessary assistance in resolving your situation.

About the necessary documents for entering into an inheritance after the death of a mother

The death of close relatives is a very unpleasant event. After its occurrence, it is necessary to resolve many issues that may relate to organizing a funeral, completing the necessary documents and transferring rights to the property they have acquired.

All material and intangible assets, as well as obligations left by parents during life, can be inherited by children or relatives. An inheritance is not acquired automatically; it must be accepted by performing legally significant actions.

Order of inheritance after the death of parents

You can enter into an inheritance after the death of both father and mother in the manner prescribed by law or by will.

If during their lifetime mom or dad left a will about who their property will go to, then acceptance of the inheritance will be carried out by those persons and in those shares that are established in such a disposition.

Additional Information! According to the will, the property of the parents can be inherited not only by the son or daughter, but also by anyone, even a stranger. No court will turn a blind eye to a will if it is drawn up by a legally competent person, correctly executed and certified by a notary.

The testator can formalize the disposition of acquired property at any time. To do this, the person must appear before the notary who will conduct the inheritance case and state his will in writing.

According to the law, the following may inherit property rights:

• blood relatives (children, parents, grandparents, sisters, brothers, uncles, aunts, etc.);
• relatives “according to documents” (stepfathers, stepmothers, adopted children).

Additional Information! In total, the Civil Code of the Russian Federation establishes seven categories of inheritance queues, according to which the transfer of property can be carried out from parents and children to stepsons and stepdaughters. If there are none, then the inheritance goes to the person’s dependents or to the state.

Both by law and by will, after the deceased you can receive:

Important ! A child cannot inherit a car, but refuse debts. If several children inherit from parents, then the entire inheritance, including things and obligations, is distributed among the heirs proportionally.

Inheritance after mother's death

How to enter into an inheritance after the death of a mother , comply with all regulatory requirements and protect your rights? Everyone has to face these and other questions sooner or later.

This issue is not only considered delicate and subtle. It has its own characteristics. Therefore, they should be taken care of in advance.

How to accept an inheritance after the death of a mother? It all depends on the number of heirs and the type of will.

There is usually a right of passage from parents to children or other immediate family members. All close relatives belonging to the first degree of kinship have the right to inherit the house and other property of the mother. They must submit certain documents. These include the following family members:

1. Spouse,
2. Children;
3. Her parents.

Help from a lawyer on the free legal advice page

A will has strengths and weaknesses when it comes to privatized property. Many mothers try to register it in advance in order to determine their will in relation to their existing home and other property.

In case of correct registration of the inheritance, it is important to have time to provide the notary with an application in a timely manner so that the acceptance of the property from the notary occurs without problems. The potential heir has only 6 months to do this.

Often they try to divide an expensive house in this way, claiming the right to it. Such a claim may result in a positive decision regarding privatized property.

But in this case there must be a violation of the law when drawing up a will:

1. At the time of drawing up the will, the testator was declared incompetent;
2. It was compiled under duress;
3. There are no witness signatures;
4. It is not the most recent version of the will that is being considered.

In a will, you can draw up a specific list of heirs and the property that will go to each of them. There must be documents for it.

But only a list of heirs and a list of property can also be indicated. In this case, inheritance is carried out in such a way that everyone has an equal share.

The main thing is that the notary has all the necessary documents in a timely manner, which is established by law.

Please note that a will is usually open. But in some cases it is closed, when no one knows its contents in advance. In the case of an open will, relatives will recognize the text of the document itself almost immediately.

When the will is closed, its contents will become available only 15 days after the notary receives the death certificate of the testator.

Only after this time have passed can relatives become familiar with the features of the inheritance for the first time.

Inheritance after the death of a mother without a will

If the testator has not left a document on the disposal of his own property, all close relatives have the right to formalize the acceptance of the will by law. In this case, they must write a statement about their own right to inheritance, which must be kept by a notary. According to the law, everyone is entitled to an equal share of the common property with the other heirs.

In this case, it is possible to register a larger share of the property if the heir can prove that he has invested significant funds in improving the condition of the mother’s property. Court cases to change the share of an inheritance are a fairly common practice in our country. If the heir has grounds and an experienced lawyer, the judge usually rules in his favor.

The children of the deceased belong to the first degree of heirs, who have the first right to accept the inheritance. If the deceased mother has only one child and no other close relatives, he inherits the property in full. If there are several children, they will inherit equally. Everyone gets their share.

And only the mother’s share will be inherited by the children along with the father or mother’s spouse. If we are talking about the presence of minor children, we are not talking about equal division of the house and other property.

The decision on the size of shares in this case is made individually.

Daughter's inheritance after mother's death

There are situations when not all relatives know how to properly divide the property of the deceased, and what documents are needed. If a will has been drawn up, the problem can be resolved relatively painlessly without significant disputes, since the relevant documents are available. But if disputes arise, you can enter into inheritance through the courts.

Thus, the daughter will receive the mother’s property if it appears in her inheritance. But if she is not in the will, she has the right to allocate a mandatory share in the inheritance.

Moreover, she receives the obligatory share together with other children and the mother’s legal spouse, who can also inherit. All children can claim their mother's inheritance equally. This applies to both natural and adopted children.

Therefore, the daughter may have a situation where she will inherit not alone, but equally with other heirs.

Note! If the will is declared illegal or it was drawn up incorrectly, inheritance is carried out according to the law. In this case, the inheritance is divided as in the case where no will was drawn up.

There are situations when not all property appears in the will. In this situation, the unaccounted portion is divided according to the law. The property will be additionally divided if the specified heirs die before they have time to inherit.

Inheritance of mother's apartment after death

Inheritance of property for a deceased relative raises a large number of questions and even disputes among those interested in it. Particularly acute is the question of the need to divide a privatized apartment between children and other interested parties. The situation will worsen if the apartment is the only home of the heirs.

Inheritance today is recognized as the safest way to transfer a privatized apartment to an heir. Most often, inheritance of such property occurs by law. First of all, persons included in the first circle of relatives - children and spouse - inherit.

If there are no such relatives, the next circle of relatives inherits. But today there are also persons who have the right to inherit privatized property, but were not related to the deceased.

These are dependents who are part of the same family as the testator.

Thus, a person could submit documents and die even before the registration of property began. In this case, the law is on the side of his heirs.

According to judicial practice, the share of the first degree heirs will be equal, since the testator filed an application for privatization.

As for inheriting a privatized apartment according to a will, there are some specific features. The owner can make a will not only for one of his family members, but also for any person at his own discretion. Thus, a will is a kind of transaction, that is, a legal step of an individual.

According to Art. 1126 of the Civil Code of the Russian Federation, it is possible to draw up a closed will. The testator writes it in his own hand and then signs it himself. Then it is handed over to the notary in person.

It is important that two witnesses be present. They must put personal signatures on the envelope and also submit their documents.

The essence of the will will be disclosed to the notary only as a result of the death of the testator.

A will is a voluntary disposition of one's own privatized property in the event of death.

What is the risk of not inheriting in this case? In this case, anyone can own the mother’s privatized real estate. It all depends on in whose favor it was issued.

Property documents must be in order. In this case, the last will cancels the previous one, if there is one. In addition, freedom of will is limited by the rule according to which a share is allocated to certain categories of relatives without fail.

Documents for inheritance after the death of the mother

To be able to inherit, it is important to submit an application to be issued a certificate of inheritance.

But you can also provide a statement that you plan to exercise your own right to inheritance. It is important to file it within 6 months after the death of the deceased at the place where the will was opened.

To enter into an inheritance, the following documents are submitted along with the application:

1. civil passport or other identification document;
2. mother's death certificate;
3. a certificate about her last actual place of residence and the persons who lived with her;
4. your birth certificate, where the mother is entered in the appropriate column;
5. title documents for real estate.

As a result, in order to enter into the mother's inheritance, it is necessary to take into account many factors, such as the presence or absence of a will, as well as the number of applicants.