How to refuse an inheritance after 6 months

The topic of refusing an inheritance is heard much less often than issues related to accepting the latter. Nevertheless, this topic is relevant. Indeed, for various reasons, the heir may well decide to refuse the inheritance in favor of another heir. But what to do if the six-month period allotted by law has expired?

The first and most important thing that an heir who wants to refuse an inheritance should think about is that this legal action cannot be “replayed” in the future . It doesn’t matter whether it was done in someone’s favor or not.

It is important to think about it, because it is quite possible that in the future another part of the inheritance will open up, which could also become the property of the heir. However, in the event of an official refusal of the due inheritance, this citizen will no longer be able to own and dispose of it.

The legislation indicates the impossibility of such an option, which provides for the refusal of only part of the inheritance , as well as with a reservation or a certain condition. Such a refusal will be regarded from a legal point of view as void.

1. without indicating a specific person to whose benefit his inheritance will go;
2. in favor of another heir who, along with him, is an heir (by law or by will).

In the first case, the share of the inheritance that the heir renounced will be redistributed among the remaining heirs in equal proportions.

The heir does not have the right to refuse the inheritance in favor of the following persons:

1. having no grounds, either by will or by law, for accepting an inheritance from a deceased testator;
2. directly indicated by the testator in the will as persons who do not have the right to inherit;
3. received the status of “unworthy heirs” according to a court decision.

When is it possible to refuse an inheritance?

So, having weighed all the pros and cons and thought carefully, the citizen nevertheless decides to exercise his right and refuse the inheritance. The Civil Code of the Russian Federation provides a limited period for entry or refusal - six months after the opening of the inheritance (after the death of the testator).

The same set of laws states that the heir can enter into an inheritance during this period and then refuse it. However, according to the law, there cannot be a reverse order.

In order to officially renounce the inheritance, the heir should contact the state notary at the place where the inheritance was opened within six months. You must formalize your decision through an appropriate application. These general provisions are spelled out in the Civil Code.

However, there are situations in life that do not always fit into legal norms. For example, an heir, for some reason, only after the expiration of the prescribed period decides to renounce the inheritance in favor of another heir...

Missed deadline: what to do?

It doesn’t matter: simply or in favor of another heir. The possible period for refusal has expired; 9 months have passed .

Russian legislation, taking into account the possibility of various situations, including force majeure, provides for a procedure for restoring the missed deadline. This procedure is carried out only through the court and exclusively for compelling reasons that can be recognized by the court as valid.

Most likely, the young man mentioned above will be denied reinstatement of the missed deadline. Because of which? There are no good reasons.

The Russian legislator does not define a clear list of such reasons, in the presence of which in a court case the judge would clearly make a court decision to restore the term.

However, valid reasons for missing a deadline include the following facts:

1. the heir who does not want to accept the inheritance did not know and could not know about the opened inheritance. An important condition: such a citizen must go to court within six months from the moment the reasons for which the deadline was missed no longer exist.
2. the fact that the applicant was seriously ill, when he could not move independently, or due to the threat of death, he was prohibited by the doctor from participating in legal matters in order to avoid stress, and further similar conditions;
3. the heir was unable to appear before the notary in due time for the refusal due to his stay abroad and the impossibility of traveling to Russia;
4. the inability to invite a notary to visit an heir who is in prison;
5. other possible reasons.

The procedure for renouncing inheritance through court

The first step the heir must take is to file a claim with the court .

This document will contain a request to restore the missed deadline, indicating valid reasons. The applicant should pay special attention when drawing up and submitting a statement of claim.

The outcome of the trial will largely depend on the literacy and persuasiveness of this document. Otherwise, the court, by its decision, may declare the deadline for refusal missed and the inheritance accepted.

Be sure to attach all certificates and documents that can directly or indirectly justify missing the deadline.

For example, these could be certificates/extracts from a hospital, from a place of military service, or from a place of serving a sentence. Also, the evidence base can be built on the basis of witness testimony, using audio evidence (recordings of telephone conversations), personal correspondence.

Documents confirming the identity of the heir and that he really is such should be attached to the statement of claim:

1. passport;
2. death certificate of the testator;
3. if inheritance in a particular case occurs according to law, then confirmation of family ties with the deceased;
4. The will itself must be attached if the inheritance is by will;
5. documents that accompany the inheritance;
6. a written refusal of the notary to accept the refusal of the inheritance due to the passage of the legal period;
7. a receipt confirming payment of the fee for consideration of the claim;
8. copies of documents made to each person participating in the trial.

The statement of claim for restoration of the deadline can be viewed here.

It is important to remember that from the moment when any valid reason has disappeared, the applicant is obliged to contact a notary within six months. Otherwise, even if there is a good reason, the period cannot be restored and the refusal will not be issued.

For example, the applicant was abroad for many years, where he had a permanent place of work. He did not receive information about the death of the testator in a timely manner.

After a couple of months, having returned to Russia and having found out about the opened inheritance, he must, within 6 months, contact a notary for acceptance or refusal of it.

Otherwise, even a valid reason will not be a reason to reinstate the term.

How to renounce an inheritance after 6 months?

There are cases when heirs renounce inheritance. There can be many reasons. Some people don’t need it, others don’t benefit from it. The legislation of the Russian Federation provides for the possibility of accepting or refusing inherited property. Giving up property is a responsible step. And you need to approach its decision carefully.

Deadlines for accepting or refusing an inheritance

After the death of a close relative, the opportunity to receive inherited property opens up. Regardless of whether there is a will or not, the heir has six months to complete its execution.

It is possible to formalize the refusal or acceptance of an inheritance using an application. It is submitted in writing to a notary officer.

You can submit the application yourself. Or you can use postal services. There is also the option of submitting the application through an intermediary. At the same time, he must have a power of attorney certified by a notary.

Even if the heir has already taken possession of the inheritance, he has the right to refuse it. The period for registration is 6 months.

Is it possible to refuse an inheritance after 6 months?

Each heir has the right to renounce the inherited property within 6 months. Even if this period has already expired, it is possible to issue a waiver. Only through the court.

To carry out this procedure, the following conditions should be taken into account:

1. The reasons why the person did not formalize the refusal within the prescribed period must be recognized by the court as justifiable.
2. The heir was not notified of the existence of circumstances due to which he could issue a “waiver”.

You will need to file a claim at the place of registration of the testator to restore the missed deadline. A document confirming the basis for the renewal of the period is attached to the statement of claim.

The court may make a positive decision in favor of the plaintiff if the six-month period was missed for compelling reasons. In the absence of a valid reason, the court will consider the procedure for obtaining an inheritance accepted.

How to formalize the procedure for renouncing an inheritance?

Registration of the refusal procedure is possible only by submitting an application to a notary office.

There are several methods for submitting such an application:

• write the application in your own hand and bring it to the notary;
• have the application certified by any notary, and then send it by mail to the appropriate notary office;
• the authorized person has the right to submit a corresponding application under a executed power of attorney.

Where to go to cancel?

In order to formalize a “disclaimer” of inherited property, you should submit an application to the notary office at the place of registration of the testator. If the latter constantly changed his place of residence, then it will be necessary to visit a notary office located near the location of the inherited property.

If controversial issues arise, you will have to go to court. Its location is determined similarly to the location of the notary office conducting the business.

If minor citizens are involved in court cases, then you will need to appeal to the city or district court.

The notary is responsible for the correct preparation of all necessary papers. The statement has such legal force that it is almost impossible to challenge it. Payment of the state duty is considered a mandatory step.

Required documents

To register a refusal, you will need to collect the following documents:

1. A document confirming the identity of the applicant.
2. A document confirming the applicant's relationship with the deceased.
3. Death certificate of the testator.
4. A document confirming the place of residence of the testator.

Each individual procedure for obtaining a waiver has its own individual properties. So the notary has the right to add to the list of required documents.

Declaration of refusal

The application is written in free form. You can do this yourself without the help of a notary. It should consist of the following data:

• the name of the notary office dealing with inheritance matters;
• information about the applicant;
• statement;
• information about whose benefit the inheritance is being renounced;
• date and signature.

Is it possible to refuse inheritance after accepting property?

It is possible to have the right to inherit property after submitting the appropriate application and receiving a certificate for this right. You are given 6 months to complete this procedure. The countdown begins the day after the death of the testator.

The person acting as the heir must submit an application with the specified data:

• information about the testator and successor;
• list of transferable property privileges;
• location of property;
• expression of will regarding refusal of inheritance;
• notarized signature.

The application is submitted to the notary who is handling the case. Then the document is registered.

Refusal of inheritance in favor of another heir

Refusal of inherited property is permitted in two cases:

1. The heir renounces the inheritance without indicating to whom his part will be transferred. Then the property belonging to him will be divided in equal shares among existing relatives.
2. The heir renounces the property, indicating the person to whom he wishes to transfer his share. Outsiders do not fit into this category. This must be a successor who has the right to inherit.

Restoration procedure

The legislation provides specific deadlines regarding the acceptance or refusal of inherited property. Their compliance is mandatory.

Otherwise, registration of refusal will be unrealistic:

• From the date of opening of the inheritance, the receiver has the right to accept or refuse the property within 6 months.
• From the date of refusal, other claimants to the inheritance must accept or refuse it within 6 months.
• If there are no primary heirs, then subsequent heirs have the right to declare themselves within 3 months.
• After 6 months have passed after the heir has already assumed the rights of inheritance, it will be impossible to renounce the property.

In what cases can you refuse an inheritance?

It is impossible to refuse to own inherited property in the following cases:

• by will, if the recipient is only one person;
• if the share of the inheritance is mandatory by law;
• if another recipient is specified in the will, in case of refusal of the inheritance of the first;
• in favor of an heir whom the testator did not take into account in the right of inheritance.

It is not possible to refuse to own inherited property after its acceptance. Renewal of deadlines is allowed only in certain cases.

The easiest way is not to contact a notary office at all after the death of the testator. In this case, you will not even need to submit an application for refusal of inheritance. If the heir comes to his senses, he has the right to renew the terms and receive the right to the property.

Refusal of inheritance in favor of another heir after 6 months

If, by law or by will, you become the owner of an inheritance in the form of movable or immovable property, you always have the right not to accept it. The most common reason for refusing the allotted share is the fact that along with the capital, the debts of the deceased person are also inherited.

There are situations when the heir does not have time to declare his desire to enter into inheritance rights within the allotted period of time - six months (182 days). Such inaction is equivalent to deviation from one's share. After the refusal, part of the property is redistributed among the remaining heirs in equal proportions.

It is worth noting that in case of an expired agreement with the right of inheritance, you have the opportunity to return it with the help of the courts. If you officially renounce your share in favor of another person, you will no longer be able to return your rights.

Every citizen has the opportunity to renounce his part of the inheritance, due to him by law or by will, in favor of another person. It is allowed to write an application for refusal within the time limits established by the legislative framework of the Russian Federation - no later than 6 months (182 days) after the will comes into force.

This fact is justified by the fact that six months is the period during which the rights to the heritage are considered valid. After the specified period, rights to property can only be restored through judicial proceedings.

It is worth noting that upon entering into inheritance rights, you have the opportunity to refuse it within the same period - 6 months after the deceased’s will comes into force. In this case, your application for entry into rights will be cancelled. Remember that you can refuse the inheritance at any time, but this procedure is irrevocable - the law does not have retroactive effect.

Escheated property is not subject to refusal, since it automatically goes into the account of the state budget of the Russian Federation. This category includes the values ​​of deceased persons who have no heirs. Escheatable property also includes material assets if all the heirs have abandoned their part. Refusal of inheritance has its own characteristics.

The statement must be unconditional. You cannot write in a document that you want to refuse the inheritance if the deceased had debts. You must refuse or agree to accept your part without any reservations or inaccuracies.

Once you sign the waiver, you will not be able to change anything. Think carefully before taking any action. You will not be able to return your rights to capital in the future even through appealing to the judicial authorities.

It is impossible to issue a refusal after official confirmation of the right to accept an inheritance. If you change your mind while owning the property or after learning about the debts, you will no longer be able to refuse them.

You cannot refuse a certain part of the property. The inheritance can either be accepted in full or rejected. The exception is situations in which the heir is entitled to part of the property by law, and part by will. In such circumstances, you can refuse any of these shares.

If you wish, you can renounce your share to third parties within 6 months. It is worth noting that these persons can only be those citizens who are indicated in the will or who can become recipients of capital on a legal basis. It is impossible to draw up a written refusal in favor of citizens who have been deprived of such rights in court.

According to the legislation of the Russian Federation, you can become a receiver of property in the following ways:

In order for a document to become legally legal, it must be certified by a notary office. If there is a will, the wishes of the deceased take precedence over the legislation of the Russian Federation.

If you want to renounce the share due to you, you can do this exclusively in favor of the persons included in the will.

According to the laws of the Russian Federation, the capital of the deceased is distributed in the following order:

• Spouses, parents and children;
• Siblings, brothers, grandparents;
• Family aunts and uncles;
• Great-grandparents;
• Cousins ​​and great-grandchildren, great-aunts, grandfathers;
• Cousins: great-grandchildren, nephews and nieces, uncles and aunts;
• Stepfather, stepmother, stepson or stepdaughter.

According to the laws, you cannot transfer your rights to use property to persons not specified in the will or to persons who were excluded from the will of the deceased before their death. Other restrictions apply.

If a citizen, before his death, has drawn up a will with a clear indication of the property and the shares in which it should be distributed among his relatives, a part can only be renounced in favor of the persons specified in the document. Such restrictions are due to the fact that the will of the deceased must be carried out in full.

You cannot renounce the obligatory share provided by law or transfer it to third parties. This is due to the legal protection of the state for minors and partially or completely incompetent persons. This restriction protects the heir from illegal actions of guardians or trustees.

You can waive your rights even after you have already declared acceptance of the property, but only if six months have not passed since the death of the testator.

Otherwise, obtaining property is considered an irreversible process, and it will be possible to waive rights only in court.

Thus, the law protects the rights of copyright holders who may be forced to give up their share by force.

If minor children or incapacitated citizens want to renounce their share, they must obtain the consent of their guardians or trustees. These restrictions are related to the protection of the rights of incapacitated citizens and protecting them from negative influences. It is worth noting that it is impossible not to receive the obligatory share stipulated by the will.

If you are under pressure from relatives, be sure to report this to law enforcement agencies.

How to refuse an inheritance through the court after 6 months

Legislation gives citizens the right to refuse inheritance. The successor can make a decision within the period for refusing to inherit property, which is six months. How to refuse an inheritance after 6 months, if the established period has already expired, is a question that requires separate consideration.

General provisions

In terms of time, the period for refusal of inheritance does not differ from the period during which the heirs can assume rights to the transferred property. It is limited to 6 months. The countdown begins from the day when the inheritance case is opened.

The moment of opening is considered:

1. Date of death of the previous owner.
2. The day the court decision on the death of the testator comes into force.

When a person goes missing, the calculation period is taken from the date on which the court decision was made. The established date of death (given the circumstances) is not a reference point.

The general period for refusal of inheritance is calculated after the death of the testator or a court decision. However, not all successors by law or will are authorized to relinquish the share.

Among them:

• persons who were dependent on the testator for 12 months;
• children under 18 years of age;
• children with disabilities.

If a citizen belonging to this category writes a statement of refusal, it will be declared invalid. The desire of the heir will not matter. The observance of rights is monitored by guardianship and social protection authorities.

Other categories of heirs can implement the procedure by visiting a notary within six months from the date of opening the inheritance case. The algorithm of actions consists of the following stages:

A waiver application is drawn up and signed.

A package of documents is presented:

• passport of a Russian citizen;
• death certificate of the testator or a corresponding court decision;
• papers confirming the rights to inherited property (marriage/birth certificates, will).

The notary will check the documents for accuracy and issue a waiver.

For the procedure, the applicant will have to pay a fee of up to 1 thousand rubles. According to the rules and regulations of the law, the successor does not have the right to change his mind after entering into an inheritance or refusal.

Important details:

• the successor may refuse the entire amount of the inheritance at a time;
• the use of conditions is not provided for by law;
• After notarization, it is impossible to cancel the decision in the future.

Transfer of property to the state or legal entities is not practiced.

If one of the facts is revealed, the refusal decision is invalidated:

• alcohol or drug intoxication of the signatory;
• drawing up a statement under psychological pressure with the threat of using physical force;
• presence of limitations on legal capacity.

When a minor (incapacitated) citizen renounces inherited property or shares, his legal representative is present and signs instead of the ward.

The refusal is not carried out in favor of those heirs who were previously recognized by the court as unworthy. Transferring your share to persons deprived of the right of inheritance according to the will is also impossible. You cannot give your share to citizens outside the circle of kin specified in the contents of the will.

If the text provides for sub-heirs, only they have the right to become the new owners of the share of the refused person.

Refusal of inheritance after six months

The decision to refuse inheritance can be implemented after 6 months by contacting the court.

The procedure requires the following conditions:

1. Recognition by the court of the factors that created obstacles in registering the refusal within the period provided for by law as conditional and respectful.
2. The heir did not know about the circumstances that served as the reason for writing the refusal.

The restoration of the period occurs after filing a claim at the registration address of the testator or the location of the inherited property. Additionally, the application must be accompanied by documentary evidence of the reasons for reinstating the missed deadline.

The likelihood of a claim being satisfied is high if there is convincing evidence that the refusal period was not observed for objective reasons. If they are not there, the procedure for registering the acceptance of the inheritance share will be considered completed.

Here, the decision on whether it is possible to refuse an inheritance directly depends on the judge.

If you have not contacted a notary

If you want to accept an inherited share, a citizen should start with a visit to a notary organization. A corresponding statement is drawn up. A package of required documents is attached to the completed form. After checking all the details, the notary issues a certificate of assignment of inheritance rights.

If the successor has not contacted the office within six months, in fact he has not accepted the inheritance. After the expiration of the six-month period, it is easier to refuse. The heir will not have to perform any actions. You should continue to ignore visiting a notary.

If the decision changes, it is possible to restore the deadlines, since the refusal was not recorded anywhere. However, in order to inherit your share, you will have to present evidence of the objective reasons that caused the violation of the deadline.

Is it possible to refuse after accepting ownership?

In a situation where a citizen has already formalized the acceptance of inherited property, the notarized right cannot be waived. Reasons for not meeting deadlines are not discussed here. There are no options to extend the provided period or restore it.

Upon actual acceptance of property

When the successor did not appear at the notary's office within the allotted time, but still uses the inherited property, according to the law, he actually accepted the object transferred by the testator.

Actual acceptance requires the fulfillment of a number of conditions:

• implementation of measures to preserve property;
• debts of the deceased owner are paid;
• making payments for utility services;

The opportunity to refuse is provided only by filing a claim through the courts.

Rules for restoration of deadlines

A statement of claim for the restoration of deadlines is filed with the court at the residence address of the testator or the location of the property.

The text of the document indicates:

• information about the heir;
• assigned share in the total inheritance;
• valid reasons for failure to meet deadlines.

Along with the application, documents proving the existence of objective factors are submitted.

Among them:

• long business trips;
• serious disease;
• long expedition.

The applicant submits certificates from the employer or hospital. If there is no evidence of a valid reason for violating the deadlines, with a 99% probability the court will refuse to satisfy the claims.

The result of the decision directly depends on the grounds presented. Lack of awareness of the statutory withdrawal period and mild forms of illness are not considered an objective reason.

If the judge considers the reason compelling, a satisfactory decision will be made, within the framework of which the successor’s refusal of the inheritance will be executed after 6 months. It is permissible to carry out the procedure for restoring deadlines only in court.

Additional Information

To refuse, submit a completed application form.

The text contains information:

• about the successor;
• description of the inherited share;
• information about the person (in case of alienation in his favor).

In the third case, the share of the inheritance originally intended to be received by one successor is given to another person. Inherited property cannot be transferred to a person previously found unworthy of it. Indication of the reasons for such actions is not required.

The document is handed over to the notary who deals with the inheritance matter. The office must be located at the testator's registered address. Signing a waiver of rights to inherited property is almost irreversible.

For what reasons may a refusal be necessary?

Refusal of inheritance after 6 months can be caused by various reasons.

More often, such a need arises in situations:

1. Discovery of a debt from the testator. According to the law, the property of the deceased owner, along with debts, passes to his successors. Obligations will have to be fulfilled, which is not always within the power of the heir. The debt must be repaid regardless of whether the person who has become the new owner of the property is aware of it. More often than not, such details come as a surprise.
2. Disagreements and conflicts with other heirs. If there are grounds to believe that the property mass is distributed unfairly, there are justifiable reasons to write a refusal in order for the other heir to receive the property.

It is impossible to issue a waiver of part of the inherited estate; all property rights are involved in the procedure.

After taking over the rights to real estate after the allotted 6 months, it is impossible to renounce the authority even for objective reasons of missing the deadline.

Reinstatement of the period is permissible only if there are grounds. An example is the actual acceptance of an inheritance without obtaining a certificate of title.

Refusal of inheritance after 6 months: how to do it, deadlines and documents

In order to receive the inherited property, it is necessary to issue a notarized application. This also applies to refusal of inheritance. Although in this case it is not necessary to draw up a written act, it is enough not to express your will to accept the property. Let's take a closer look at this legal issue.

Refusal of inheritance - deadlines

In order to receive ownership of this or that property left by a deceased person, it is necessary to register the inherited property within a six-month period. Acceptance of inherited property occurs by submitting an application to a notary, who, on its basis, issues the citizen a special document - a certificate of inheritance.

A citizen who, for any reason, does not want to accept an inheritance can also submit an application to a notary during this six-month period.

Acceptance of inherited property is exclusively of a declarative nature, therefore, in a situation where the heir does not make himself known within six months from the date of opening of the inheritance, he will also be considered not to have accepted the inherited property.

Is it possible to refuse an inheritance after six months?

If within six months the heir has expressed his desire to accept the inheritance, then it will no longer be possible to refuse it, regardless of the period.

The situation is different in a situation where, within six months, no application for acceptance of the inheritance has been received from a citizen. In this case, he does not need to write any additional statements. He will already be considered to have renounced the share due to him by law.

Who can

Absolutely any citizen can refuse an inheritance.

Some difficulties arise in situations where the heir is a minor child or an incapacitated citizen. In these situations, such issues are decided by guardians.

Moreover, his expression of will alone is not enough to deprive the warded heir of the inheritance. To do this, it is necessary to obtain the consent of the guardianship authorities.

If disputes arise, these issues are resolved in court.

Who can't

Minor children and incapacitated citizens cannot independently refuse inheritance.

Exceptions are cases when a child under the age of eighteen has undergone the emancipation procedure, which involves obtaining full legal capacity for the reasons specified in the Civil Code of the Russian Federation from the age of sixteen.

How to refuse an inheritance after six months

As noted earlier, you do not need to submit any application for this. This is due to the fact that forced inheritance is not provided for by Russian legislation.

Without a citizen’s application, which contains his desire to receive property, a notary cannot recognize the inheritance.

Reasons for extending the withdrawal period

Situations may arise in which the heir would like to transfer his share to some other heir. This is called giving up in someone's favor. In this situation, you need to do the following.

If the heir did not manage to accept the inheritance within the allotted period, then he has the right, within six months after he learned or should have learned about this legal situation, to file an application with the court to restore the missed deadline. After this, he has the right to write a statement renouncing the inheritance in favor of a particular person.

Refusal procedure

Refusal of the opportunity to enter into an inheritance and inherit by law occurs only by submitting an application to a notary. The application is drawn up in writing and signed directly by the heir himself.

The refusal procedure consists of the following steps:

• filing an application;
• consideration of the application by a notary;
• making appropriate changes to the inheritance file.

It should be noted that you can refuse either simply or in favor of one of the other heirs. Such information is indicated in the application submitted by the citizen.

List of documents

To renounce an inheritance, you only need a small number of documents. This includes:

• citizen's passport;
• documents confirming relationship with the deceased person;
• acts confirming the reason for refusal (attached upon request);
• statement.

With this list of documents, the notary is obliged to accept the citizen’s application and enter the relevant data into the inheritance file.

Costs, fees

When applying to judicial authorities, the main expense for citizens is the payment of state fees. Without a receipt confirming the completion of this legally significant action, the citizen’s application simply will not be accepted. The state duty in this case is 300 rubles.

After filing an application for inheritance, is it possible to refuse it?

Once a citizen has expressed his will to accept the inheritance, he can no longer refuse it in the future.

If the heir is a child

Such a refusal is permitted in accordance with the law. However, it is worth noting that he cannot do this on his own. These actions are carried out by his legal representatives or guardians. Moreover, such decisions can only be made with the consent of the guardianship and trusteeship authorities and in the interests of the child.

 Can a guardian refuse the inheritance of the ward?

As noted earlier, the guardian has such a right. However, in order for this to happen within the legal framework, it is necessary to obtain the consent of the guardianship and trusteeship authorities. Without such consent, the transaction may be declared invalid.

Refusal of inherited property in favor of a minor child

Such a refusal is possible. Consent to accept the inheritance must be given by the legal representatives of the minor. In exceptional situations, the consent of the guardianship authorities may be required (only required for the alienation of property or property rights).

Thus, the death of a citizen entails such legal consequences as the opening of an inheritance case. It is possible to miss the deadline for acceptance if you do not contact the notary on the last day of the last month of the six-month period. In this case, if the period is not restored, the citizen is considered to have renounced his inheritance.

How to refuse an inheritance actually accepted after 6 months?

Refusal of an inheritance is the right of the heir; no one can force you to accept the inheritance or, on the contrary, refuse it.

But there are two options for accepting an inheritance:

1. Submitting an application for acceptance of the inheritance to the notary who opened the inheritance case, usually located at the place of residence of the testator;
2. Actual acceptance of inheritance. In this way, the inheritance is accepted without submitting an application for acceptance of the inheritance to a notary. Actual acceptance of the inheritance means that the heir, by law, actually after the opening of the inheritance, that is, the death of the testator, took possession of the inherited property. That is, if this is an apartment, the heir began to live in it, made repairs, paid utilities, paid off debts for utilities, that is, the actual entry into the inheritance means that the heir began to use the inherited property. For example, if this is a car, then he operates and maintains it every day. Moreover, if the heir used at least one object of inherited property in this way, for example a car, it is considered that he accepted the entire inheritance, for example, a dacha and an apartment, since accepting the inheritance in part or with reservations is not allowed.

Depending on the method of accepting the inheritance, you will either have a chance to refuse it or not.

Based on paragraph 2 of Article 1157 of the Civil Code of the Russian Federation, the heir has the right to refuse the inheritance during the period established for accepting the inheritance, including in the case when he has already accepted the inheritance.

This means that if the heir came to the notary and submitted an application for entry into the inheritance, then he will be able to refuse it, but only before the expiration of 6 months during which the inheritance can be accepted.

The inheritance opened on June 1, 2016 and the heirs have 6 months to enter into the inheritance, that is, if they do not submit an application before December 31, 2016, they will miss the deadline for entering into the inheritance and will be left with nothing, but we are not talking about that. The heir filed an application for inheritance on, say, August 5, 2016.

But on January 10, 2017, he changed his mind and decided to refuse the inheritance. In this case, it will not be possible to refuse the inheritance, since according to the law, refusal is possible only during the period for accepting the inheritance, including after filing an application for acceptance of the inheritance, which is actually considered acceptance of the inheritance.

And if you submitted an application for acceptance of the inheritance before the expiration of 6 months and entered into it and 6 months for entry have already expired and you were issued a certificate of the right to inheritance, then it will not be possible to refuse in this case.

But there is no need to worry here, the heirs are liable for the debts of the testator within the value of the inherited property passed to them, that is, if the inheritance costs 100,000 rubles, and the debt is 200,000 rubles, then the heirs will pay only 100,000 rubles, that is, the value of the inherited property and

• In this case, the creditor no longer has the right to make claims against the heirs for the balance of the debt of 100,000 rubles; this will be illegal and violates paragraph 1 of Article 1175 of the Civil Code of the Russian Federation.
• But there is another way of accepting an inheritance, “actual”, this is when the heir did not take any action to accept the inheritance, for example, did not come to the notary and did not apply for entry into the inheritance, but simply began to use the inherited property, and this, by law, means , that he nevertheless accepted the inheritance on the basis of paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, which says that if the heir took possession of the property, took measures to preserve it, incurred maintenance expenses, then he is still considered to have actually accepted the inheritance, even if not submitted an application to the notary to accept the inheritance.
• In this case, the heir has a chance to refuse the inheritance after the expiration of the period for accepting the inheritance, which is 6 months.

For example, the inheritance opened on June 1, 2016, but the heir did not submit an application to the notary to accept the inheritance, but simply began to live in the testator’s apartment, made repairs in it, incurred the costs of maintaining the apartment, he is considered to have actually accepted the inheritance.

The deadline for entering into inheritance in this case expires on December 31, but since the heir actually entered into the inheritance, he is not considered to have missed the deadline for entering into the inheritance.

But as soon as he found out that he still got the inheritance, although he may not have wanted it, he expressed a desire to renounce the inheritance and he has such a right upon actual acceptance of the inheritance.

1. Based on paragraph 2 of paragraph 2 of Article 1157 of the Civil Code of the Russian Federation, if the heir has committed actions indicating the actual acceptance of the inheritance, the court may, upon the application of this heir, recognize him as having renounced the inheritance after the expiration of 6 months, if it finds the reasons for missing the deadline valid.
2. Valid reasons may include serious illness, helpless condition, or illiteracy.
3. Here everything depends on the decision of the court, and if the court finds the reasons why you did not contact the notary with an application to renounce the inheritance before the expiration of 6 months valid, then you will be recognized in court as having renounced the inheritance, and if the court does not consider the reasons valid, then you They will simply refuse the claim and you will have to solve inheritance problems differently.

So, refusing an accepted inheritance after 6 months is quite difficult. But if you submitted an application to a notary to accept the inheritance and then changed your mind and less than 6 months have passed, then you have every right to write an application to renounce the inheritance and submit it to the same notary.