How to obtain a certificate of inheritance: procedure, place of issue, conditions, validity period

The validity period of the certificate of inheritance is not determined by law. The current legislation of the Russian Federation includes only a description of the procedural rules for issuing a certificate. In this regard, there is an indication on the timing, but this applies to the stage of its registration (postponement).

There are no time limits for further action.

Entry into inheritance

The hereditary distribution of material and legal baggage is carried out in various ways. It is conditioned by a will drawn up in advance and entered into force or the absence of one (or not notarized if it is insignificant). It is unacceptable to claim inheritance before the death of the testator, and even more so to protest these processes.

Procedure

The specifics of the implementation of rights depend on the presence or absence of a will. In the first case, after the opening of the inheritance (the death of the testator), the inheritance is distributed among the people specified in the will. Disabled applicants (dependents) may not be taken into account here, who will have to allocate a mandatory share in the future.

Stages of registering an inheritance and exercising rights to it:

1. The testator draws up a document with its certification by a notary. At the request of the testator, at this moment there is the right to admit witnesses to certify the actions taking place. The notary enters information about the testamentary act into the EIS register.
2. After the death of the testator, the inheritance is opened, and the successors apply to a notary office (usually linked to the testator’s residential address). Here you need to submit an application to the notary about the proposed transfer of property. This is the so-called registration of ownership of the intended inheritance.
3. Based on the episode of appeal, an inheritance case is opened, information about which is also transferred to the database (for collecting and processing information specifically on these cases). If after this, secondary appeals are received from other legal successors, then information on a possibly previously opened case is checked. Such declarations of entry into law are attached to it. After this, the notary is obliged to issue a certificate.
4. Further, if the named successors have no claims against each other, the division is carried out in accordance with the will of the testator. In another case, as well as when other citizens claiming a share are involved in the process, legal proceedings are initiated (using a claim).

The lawsuits address a variety of life situations and grievances.

Plaintiffs have the right to file a petition to revoke all or part of the will, to conduct a division procedure between the named heirs (including those with priority rights) and unaccounted for dependents. Also, this document may be recognized as contested in court due to invalidity due to legal circumstances. Etc.

When participating in legal proceedings, the plaintiff and defendant must provide personal documents and evidence of their position to the court. One of them is the issued certificate of legal guarantees. To claim an inheritance, it is sufficient to mention the name and rights of the heir in the will.

If there is no testamentary disposition, then the division of the inheritance occurs in the legal field. When distributing inheritance, Russian legislation provides for a sequence consisting of seven stages. It is also permissible to include dependents when claiming inheritance.

Required documents

The content of the documentary case depends on the specifics of the situation regarding the distribution of inheritance. The presence of a will is the reason to contact a notary with personal documents and a death certificate, as well as a certificate of the last place of residence of the testator. Based on this portfolio and the application completed in the chamber, they are issued a certificate of legal rights to inheritance.

If there is a will, the successors also have the right to try to initiate legal proceedings, expressing their claims and demands against other applicants (defendants). In this situation, it is necessary to prepare a statement of claim with attachments for the court and the participants in the process.

In the absence of a will, recipients prove the right to appropriate the property of the deceased owner to a notary chamber or court. The second option is relevant if they have any disputes or if it is necessary to take into account the rights of individual relatives (the right to an obligatory part, the preemptive right in the inheritance mass).

For legal proceedings you must provide:

1. Copies of the statement according to the number of participants in the debate.
2. Passport.
3. Certificate of death of the testator (or recognition of him as deceased in court) and his documentary rights to the property that passes to the heir.
4. The will itself.
5. Perhaps confirmation after the death of the testator of the fact of family ties or other family closeness.
6. A certificate of entitlement that has no expiration date.
7. Evidence base (varied depending on the issues).
8. Payment of mandatory state duty.

Presumptive heirs also have the right to draw up a voluntary agreement on division (1165 of the Civil Code of the Russian Federation). For it to come into force, you must use the services of a notary. You will have to not only think through the contents of the document, but also certify it. The service is paid. Its cost is determined by the legal norms for calculating state duty.

Obtaining a certificate of right to inheritance under a will

Citizens have the right to clarify the rules for issuing and the procedure for registering a certificate, what documents are required, get acquainted with the existing requirements on the website of the Federal Notary Office, study government orders and norms of the Civil Procedure Code. (Art. 1162-63).

Validity

A certificate of the right to an identified inheritance is issued to heirs both by will and to heirs by law. It does not provide for a limited period of validity.

In addition, the “burning out” of property rights is impossible, since information on each certificate is displayed in unified registers.

Deadlines for issuance (not the validity period of the certificate of rights to an established inheritance):

• 6 months from the date of opening of the inheritance;
• before this period has passed, upon presentation of evidence that there are no other applicants for the inheritance other than those who applied.

The issuance of a certificate can be canceled or abandoned by the judge’s resolution, regardless of the deadline (if a claim is initiated), as well as if the fact of the conception of an heir (but not yet born) is revealed. In the latter case, the procedure is postponed until the birth of another heir.

Form

The certificate has a standard form (colored form on an A4 size sheet). It is impossible to issue it yourself (exceptions include cases of fraudulent actions by citizens for forging certificates).

In addition to its unique appearance, unified by law, the certificate includes registration information (numbering consisting of alphabetic and digital designations) and does not imply a validity period.

Heirs should not think about how the certificate is drawn up, since this action is carried out for them by a notary. But in order to avoid mistakes on the part of a legal entity due to non-compliance with established standards, it is still recommended to pay attention not only to the deadlines, but also to the rules of registration and format of the certificate.

Sample

The text of the certificate describes the existence of the specified right of a specific person to a part of the inheritance mass on a testamentary or legislative basis. It also provides information about the notary who drew up the certificate form and the pricing for the actions he performed. The form contains a notarized certificate and an office stamp.

In accordance with the order of the Ministry of Justice dated December 2016 No. 313, a sample certificate of civil right to inheritance under number 3.1 presupposes:

1. The name is in the middle of the form.
2. A text block with the following information: place and date of the notarial act, full name of the notary and his place of work, link to the law, full name of the heir and his type of right, full name of the testator with the date of death of the latter, list of inheritance: apartments, cars, land, etc. . (indicated in the certificate according to the will).
3. The certification part includes: the number of the inheritance case and its registration in the register, the amount of the state duty paid, as well as the deadlines for filling out and the signature of the registrar.

The certificate is drawn up on ready-made forms made of thick paper with the image of the coat of arms of Russia at the top of the page. Independent production of such forms is not allowed, as it may be classified by state executive authorities as a criminal act. The rules for forming text should be taken into account when checking for compliance with standards.

Terms of issue

The certificate is necessary for any heir (testamentary or legal: next or extraordinary) to prove his right to the inherited property in the event of a controversial situation. The release of a document within the established time frame confirms the fact of transfer of rights for a claim to inheritance (not to be confused with the actual rights to property for a specific property, issued at other times and on other grounds).

An inheritance case is opened after an application by one of the heirs and is accompanied by the writing of a statement from the latter about the accepted inheritance in a mandatory manner. Next, the notary checks all the information (on the will and, possibly, on the previously opened case) and fills out the corresponding certificate of rights.

You should contact the notary at the place where the case was opened. Basically, this is the last place of residence of the deceased - the address of permanent or prerogative residence. It can be established by registration information or in court. If it is impossible to establish the exact address, the opening is carried out in accordance with the location of the inheritance.

Price

The question of how much it costs to enter into an inheritance should be considered from the point of view of the state fee for paying notarial actions and without relying on the validity period of the certificate.

The tariff is determined by law and specified in the Tax Code. Representatives from the first stages pay 0.3% (no more than 100,000 rubles) of the value of the property; for all others, the calculation implies a rate of 0.6% (no more than 1 million rubles).

Issuance of a certificate of inheritance

A certificate of the right to inheritance is presented by a notary or any other authorized person at the initiative of the heirs in accordance with clause 1 of Art. 1162 of the Civil Code of the Russian Federation. The document is issued six months after the opening of the inheritance case, when the application deadlines for all heirs expire. Interested parties must contact the notary's office within six months; if no one contacts the notary, then the heirs are considered to have missed the deadline and lose the right to their share.

What is a certificate of inheritance and what does it look like?

Certificate is a document issued to heirs and confirming their rights to receive the citizen’s property. The specifics of acquiring the right do not affect the possibility of obtaining a certificate; it is issued regardless of the basis for receiving the inheritance.

The certificate is provided on a state-issued form; the document has a beige-yellow color and watermarks. It is issued by a notary or an official expressly authorized to issue it in accordance with federal law.

The form must contain:

• The certificate number is usually found at the top of the document and is highlighted in red ink (sometimes black);
• Date and place of issue;
• Information about the inheritance file, including its number;
• Full name of the notary;
• Personal data of the testator and place of his death;
• Information about the heir or heirs (passport series and number, permanent residence address and full name);
• Complete information about the amount of inheritance becoming the property of the applicant;
• Stamp of the notary office indicating the personal data of the notary;
• Signature.

Grounds for issuing a certificate

A certificate of title is issued to the heirs, but any interested person, including creditors, can apply to a notary with a request to open an inheritance case.

The implementation of inheritance rights within the framework of the law is carried out in order of priority - each subsequent stage does not have the right to receive the property of the testator if there are heirs of previous stages.

The specifics of the distribution of heirs in order are reflected in Art. Art. 1142-1145 GK F.

Inheritance by will is carried out in the presence of a will:

• Open type, the design rules of which are enshrined in Art. 1125 Civil Code of the Russian Federation;
• Closed view, the design features of which are established in Art. 1126 Civil Code of the Russian Federation;
• Drawed up without the participation of a notary, but in the presence of circumstances that threaten the life of the testator, according to Art. 1129 of the Civil Code of the Russian Federation.

If errors are discovered in the execution of the will of the testator, the will is declared invalid and the distribution of the property mass is carried out according to the law.

If there is a will, the notary must conduct an investigation and determine the heirs of the obligatory share, then distribute the inheritance according to the order of the testator.

Who can get a certificate?

The certificate can be obtained by heirs upon their own application, in accordance with paragraph 2, paragraph 1, art. 1162 of the Civil Code of the Russian Federation. At the same time, their representatives, including guardianship authorities or appointed guardians, also have the right to receive the document. Third parties, even those interested in accepting the inheritance, cannot obtain a certificate.

Is it necessary to receive it?

The legislator does not establish the obligation of heirs to draw up documents on the right to inheritance. The heirs have the right to accept the property upon the fact, however, in this case, problems will arise with the subsequent sale of the property - the impossibility of selling or donating it.

Step-by-step procedure for obtaining a certificate of inheritance

The procedure for inheriting property depends on the specifics of its receipt, therefore in each specific case the sequence of actions differs.

Rules for submitting an application	The application is drawn up in the name of the notary, expressing the will of the heir and consent to the execution of the certificate.	The application is not drawn up, the heir continues to use the property in accordance with his convictions.	Compiled according to the norms of Art. 131 of the Code of Civil Procedure of the Russian Federation and is filed in a court of general jurisdiction.
Deadlines	Six months after opening. The period may be reduced if the heir proves the absence of other heirs. In practice, notaries rarely register an inheritance before the due date.	There is no time limit for registration, since the heirs actually accept the inheritance. At the same time, creditors have the right to go to court and demand compensation for debts even without the heirs receiving a certificate.	Art. 154 of the Code of Civil Procedure of the Russian Federation states that the period for consideration of civil cases does not exceed two months from the date of the citizen’s appeal.
Required documents	Statement; Birth and death certificate of the testator; Documents identifying the applicant; Documents establishing relationship; Other documents that are determined by the notary depending on the case.	No documents are required without registration, however, upon registration you will need to provide the same documents as if you contact a notary.	Statement of claim; Accompanying documents to the claim; Refusal of a notary to open an inheritance; Birth and death certificates of the testator; Other documents.
Restoring the lost time	It is carried out if other heirs agree with the inclusion of the latecomer in the list of heirs.	It is carried out through the court.	It is carried out according to general rules, but the court satisfies the applicant’s demands if the delay occurs for a good reason.
Registration costs	0.3% of the value of the property estate for close relatives, but not more than 100,000 rubles; 0.6% of the amount of the inheritance share, if the heir is not a close relative, but not more than 1 million.	Not payable, but upon receipt of the certificate you will be required to pay.	Payment of the state fee for filing a claim is 300 rubles, possible costs for a lawyer or lawyer. When obtaining a certificate through the court, you will need to pay a notarial fee: 0.3 or 0.6% of the value of the property.

What to do after receiving a certificate of inheritance?

Registration of inheritance in property is carried out after the heirs receive a certificate of right to inheritance. The registration procedure depends on the type of property received by the citizen.

Where to contact	Regional department of the Federal Registration Service (Rosreestr) or at the MFC. You should contact the authority at the location of the apartment (or other property), and not at the place of registration.	traffic police	Depends on the creditors, the heirs must make a written or oral statement to each of them.
Required documents	Statement; Certificate of right to inheritance; Apartment registration certificate; Applicant's passport; Certificate of absence of debt for a person. services; Extract from the house register; Duty payment receipt.	Statement; Certificate of right to inheritance; Site diagram (landmarking); Conclusion on the absence of objections to the determination of boundaries; Documents on the purpose of the site; Receipt for payment of state duty.	Diagnostic card; OSAGO policy; Statement; Applicant's passport; PTS; Vehicle registration certificate; Certificate of inheritance; Duty payment receipt.	A standard package of documents is provided, including a certificate of inheritance. Depending on the category of debts, an additional list of documents is determined.
State duty amount	2000 rubles	2000 rubles if the plot is for individual housing construction, for other cases 350 rubles.	350 – entering new information into the PTS; 500-1500 – issuance of a certificate; 2000 – when changing numbers.	Not paid. There may be penalties or fines, depending on the agreement between the testator and the creditor.
Registration deadlines	From 1 to 12 days depending on the circumstances of registration.	From several hours to several days.	Done in accordance with the provisions of the contract.

Acceptance of an inheritance means the complete transfer of the rights and obligations of the testator to the heirs. It is not allowed to receive part of the property; either full acceptance of the inheritance or complete rejection of it is possible.

The heirs do not pay the debts of the testator directly related to him, i.e.

heirs cannot be forced to pay alimony, but if there is a debt for alimony, then they will be deducted from the total property mass.

Lawyer's answers to questions about obtaining a certificate of inheritance

Is it possible to receive a certificate before the deadline if I am the only heir?

According to paragraph 2 of Art. 1163 of the Civil Code of the Russian Federation, the six-month period for entering into an inheritance is reduced if the notary reliably establishes that the testator has no other heirs.

The heir will need to provide reliable evidence of the absence of other heirs: certificates of family composition, extracts from the house register, marriage and (or) divorce certificates, and so on.

In practice, notaries try not to take risks and not issue documents ahead of schedule, since it is almost impossible to verify the absence of other heirs.

Can other heirs recognize the certificate of inheritance as invalid after receiving it?

According to the position of the Supreme Court and the general judicial practice of Russian courts, invalidation of a certificate of the right to inheritance is not an appropriate way to protect one’s rights.

This document is a document confirming the right; its receipt is not associated with the emergence of the right to receive an inheritance or a share from it, since the heir already has such rights.

The heirs cannot invalidate the certificate, but they can apply to the court for a redistribution of shares.

I lost my certificate, can it be restored?

The heir draws up a corresponding application, and also pays the state fee in accordance with the established notarial tariff.

We are 6 heirs, should each of us receive a certificate or is it issued one for all heirs?

In accordance with paragraph 2, clause 1, art. 1162 of the Civil Code of the Russian Federation, a certificate is issued upon the application of an heir or heirs; it can be issued in a single copy to all heirs or to each heir separately, depending on the requirements specified in the application for its issuance.

What is an additional certificate of inheritance and in what cases is it issued?

An additional certificate is a document issued by a notary to the heirs as a certificate of the right of inheritance if, after receiving the main certificate, additional property was discovered that was not taken into account during the initial distribution of shares. It has equal legal force with the main document and is presented together with it.

Conclusion

Obtaining a certificate is not the responsibility of the heirs; they have the right to actually accept the property. The absence of documents does not give the heir the right to dispose of the property in full - to give it, sell it or bequeath it. All notarial acts will require a certificate.

Lawyer. 12 years of experience. Specialization: family and inheritance law.

Validity period of the certificate of right to inheritance under a will

The certificate of the right to receive an inheritance does not have a deadline, since the notary’s office issues only a document confirming ownership.

When to use the property and draw up legal documents, the heir himself decides.

Entry into inheritance

• Before entering into an inheritance, each heir must go through a number of legislative procedures.
• However, regardless of the will drawn up, it is necessary to take into account the concept of a mandatory share, which is due to a certain group of disabled and dependent relatives in accordance with Article 1149 of the Civil Code of the Russian Federation.
• They are entitled to 1/2 of the part that they would have received upon inheritance in accordance with established legislation.

Procedure

From the date of death of the maker of the will, the inheritance case is considered open. Within 6 calendar months, all potential heirs must visit the notary office and collect the necessary documents.

1. If no new heirs have appeared during this time, then everyone who made an application for a will will be issued a certificate of the right to inheritance under the will at the notary's office.
2. This certificate can be obtained both during the period of entry into inheritance established by law, and at any time after drawing up the inheritance file for a specific heir.
3. In addition, an application for obtaining a certificate can be sent to a notary by mail or through a representative, which is prescribed in Article 1153 of the Civil Code of the Russian Federation.
4. A certificate in accordance with all established rules can only be received by those citizens who, within a certain period of time, accepted the bequeathed property (Article 1162 of the Civil Code of the Russian Federation).

Required documents

To obtain a notarized document, you must provide the following documents to a legal specialist:

• papers confirming the date and time of opening of the inheritance case;
• a document indicating the death of the will maker;
• reasons determining the legality and basis of the heir for taking possession of the property (this may be family, friendly or other connections);
• documents confirming the citizen’s acceptance of the right of inheritance;
• list of bequeathed property;
• the exact address of the location of the property that appears in the inheritance case;
• It is also necessary to provide other documents at the request of the notary if they are important for the issuance of the certificate.

Obtaining a certificate of right to inheritance under a will

The rules for issuing certain documents may change every year, so most heirs are interested in whether new conditions have appeared in 2018.

Validity

• The period for issuing the certificate is negotiated personally with the notary representative.
• However, usually, if the heir has all the necessary documents in hand, and he filled out the application for acceptance of the inheritance within the established time frame, then he should not have any problems, and the certificate is issued immediately.
• The certificate itself has no validity period and can be used at any time at the request of the recipient of the inheritance.

Form

Today, notaries issue certificates in a strictly established form.

They state:

• time;
• date of;
• location of the procedure;
• name of the legal specialist.

The notary also indicates his name and the name of the recipient of the inheritance. The form must indicate the testator and the date of his death.

In addition, an integral point in the form is an indication of the property and an indication of the share of the heir who appears in the application.

It is imperative to indicate how much the property you are receiving is worth. After which the notary puts his signature, determines the number of the issued certificate and certifies it.

Sample

To obtain a certificate of the right to inheritance under a will, a sample can be asked at any law office:

• First, the name of the notary is written, then it is indicated from whom the application is being drawn up. The citizen's full address must be provided.
• Then the word statement is written in the middle.
• In the main part, you need to write your request for the issuance of a certificate in relation to the deceased testator who lived at the address, indicate the full address, date of death.
• The name, surname and patronymic of both the heir and the owner of the bequeathed property are written in full.
• Indicate how many shares the property is divided into and at what address it is located.
• It is important to indicate in the sample being compiled whether there are other applicants for receiving the property; if there are not, then it must be stated that there are none.
• In the last paragraph, the date is indicated in words and the signature of the document’s originator is placed.

The application must be completed only by the heir in writing and certified by a notary.

Terms of issue

When accepting the application, the legal representative must find out whether the testator has relatives who are entitled to a mandatory share.

If they exist, then they must be indicated in the document and notified of the due share of the inheritance.

 

If we are talking about issuing a certificate for taking possession of property under a will, then the citizen must have the will document itself in his hands.

If a document is missing, the notary must explain that it is necessary to apply for a search and obtain a certified copy.

 

• It is best to contact one legal specialist throughout the inheritance case to avoid possible confusion.
• If the heirs want to receive a certificate for a will that has received the status of closed in accordance with Article 1126 of the Civil Code of the Russian Federation, then they need to have in their hands a duplicate of the protocol for opening the closed will in the presence of an independent notary.
• If there is no will, then the recipients of the property can provide a legally certified duplicate.
• In this case, the duplicate may be accepted with a note that the testamentary document is not subject to cancellation on the day of death of the owner of the willed property.

Price

In order to fully take possession of the property, the heirs must pay the notary fee:

• for close blood relatives and spouses of the testator, the amount is 0.3% of the total value of the property received, but not more than one hundred thousand rubles;
• all other recipients of the certificate will have to pay 0.6% of the total value of the property, but not more than a million rubles.

Certificate of inheritance by law

If within six months after the death of the testator, no one has applied to the notary's office in connection with entering into an inheritance with a will, then it is considered that the will does not exist. And in this case, the certificate of inheritance is issued to the heirs according to the law.

In our article we will inform you about the procedure for issuing a certificate of inheritance by law, on what grounds the issuance of a certificate may be delayed, as well as the price (cost) of this procedure. We present to your attention a sample certificate of the right to inheritance and information about when and where you can obtain the specified certificate.

The procedure for issuing a certificate of inheritance according to law

• A certificate of the right to inheritance is a document that is issued by a notary at the request of the heir and indicates the rights of the heir to the inherited property.
• When contacting a notary, you must clearly understand that a certificate of inheritance according to the law can only be obtained by providing all the necessary documents.
• Before the certificate is issued, the following actions are carried out:

submission by the heir of an application in which the heir requests to be issued a certificate of the right to inherit according to the law. This application is addressed to the notary at the place of opening of the inheritance. The notary informs the heir about the procedure for issuing the certificate, as well as what documents need to be submitted;

1. opening of an inheritance case by a notary;
2. verification by a notary of the fact of opening an inheritance, family ties or other grounds for issuing a certificate of inheritance under the law;
3. the procedure for determining the composition of the inheritance and its ownership by the deceased.

After completing the above steps, during which the authority of the heir to own the inherited property is confirmed, the notary draws up and issues a certificate of the right to inheritance. If there are several heirs, each heir has the right to choose: to receive a certificate only for his part of the inheritance or a general certificate for the entire inheritance indicating the size of the share of each of them.

Reasons why the issuance of a certificate of inheritance is delayed by law

• When the heir or heirs do not submit any documents, as well as in case of doubt about the authenticity of the submitted documents, the notary may postpone for up to one month the issuance of a certificate of the right to inheritance by law.
• At the same time, he can assign an examination to the submitted documents.
• The issuance of a certificate may be delayed for a period not exceeding 10 days at the request of a citizen who has filed a claim in court to protect his rights to inherited property.

The court that accepted such an application sends a message to the notary notifying him that there is a statement of claim to challenge the rights to inheritance. In this case, the certificate of inheritance by law is not issued until the court makes a decision.

The notary's actions to issue a certificate are temporarily not carried out if the notary becomes aware of the presence of an unborn child, but already conceived by the testator.

Upon receipt of information about the presence (in the case of the birth of a living child) or absence of the intended heir (in the case of the birth of a dead child) and, taking this information into account, the notary carries out his actions.

State duty amount

1. The Tax Code of the Russian Federation determines the amount of the state duty that must be paid when contacting a notary regarding the issue of a certificate of inheritance.
2. The value of the property and the close relationship of the heir and the testator have a fundamental impact on the amount of the state duty provided for when issuing a certificate of inheritance by law.
3. Knowing the value of the property, you can determine the price of obtaining it.
4. The expert answers in this video about how the amount of the state duty collected when registering an inheritance is determined and what to do if there is no money to pay the state duty.

Dates and place of issue

The legislation does not establish specific deadlines after which the heir must receive a certificate of inheritance according to the law.

This is his right and he determines the deadlines independently. The legislator grants him the right to do this at any time after the six-month period has passed after the opening of the inheritance (Article 1163 of the Civil Code of the Russian Federation).

A certificate of the right to inheritance is issued by a notary of the locality where the testator was registered or lived at the last time of his life. If it has not been registered or there is no information about registration, the place of opening of the inheritance will be the location of the property or that part of it that is of the greatest value.

Certificate of right to inheritance by law: application for receipt, procedure for issuance, deadlines for registration

The Civil Code stipulates that the procedure for entering into inheritance rights takes six calendar months.

This period is set aside so that interested parties can make their claims to the property and have time to collect a full package of required documents.

Based on the results of the procedure, the notary prepares a certificate of the right to inheritance, which is the last stage of the notarial procedure for entering into inheritance rights.

Why do you need a certificate?

Not all potential heirs receive a certificate of inheritance rights.

Within six months from the death of the testator, the lawyer checks the documents provided and also establishes who can receive the inherited property in what shares.

In addition, the existence of grounds for recognizing applicants for property as unworthy is checked, which excludes the possibility of issuing a certificate of inheritance rights.

Providing such a notarized document allows the heirs to carry out the following actions:

• request the transfer of material benefits to the heir for his further sole use;
• the right to dispose of property (sale, reconstruction, donation, rental), since only the full owner can fully dispose of the property;
• registration of information about the new owner in the state register, which must be done if real estate or transport is inherited (alienation of property rights to such objects before their registration is prohibited).

A certificate of right to inheritance is issued only after confirmation of the legality of the candidate’s claims to material wealth.

Issuance procedure

The procedure for issuing a certificate of the right to inheritance implies a mandatory application to the notary office located at the place of registration of the deceased citizen. Each candidate for inheritance must personally contact a notary, confirming his desire to take part in the division of property.

Filing an application for acceptance of inheritance

The powers of a notary do not include independent control of citizens who died in his service territory. Therefore, relatives of a deceased person or strangers interested in the order of distribution of valuables must independently contact a notary with a handwritten application to open an inheritance.

The application describes the grounds for opening inheritance proceedings, and also displays the personal information of the deceased testator and applicants for the property. The petition also indicates a request to carry out work on the distribution of valuables between the applicants.

Current legislation establishes a limited method of submitting a petition to a notary. These include:

• personal contact with a lawyer’s office;
• sending a complete package of documents and an application by post (ordering the additional function “registered letter”);
• involving in the process a representative acting on the basis of a notarized power of attorney.

Important! If at the stage of opening an inheritance the participation of a candidate for the property of a trustee is allowed, then when drawing up a testamentary disposition, the testator can only participate in the procedure personally.

Preparation of documentation confirming the right of inheritance

The owner can bequeath all material assets and there is no need to confirm ownership of them at the time of drawing up the will.

Later, when the need arises to open inheritance proceedings, the lawyer will request such papers from close relatives of the deceased citizen.

The list of mandatory documents that confirm the legality of claims to property includes:

• death certificate of the testator or a court decision declaring a person dead;
• if the acquisition of property occurs on the basis of a will, then the original administrative document will be required;
• Only relatives of the testator can inherit in the order of legal priority, so you have to confirm your relationship with the deceased citizen;
• papers confirming the testator's ownership of inherited goods;
• conclusion on the assessment of material goods (this is a mandatory document on which the amount of state duty depends).

All papers are provided with copies. And you also have to additionally confirm your identity.

Payment of state duty

A certificate of inheritance by will and by law requires mandatory payment of a state fee. First, the value of the valuables is checked by a notary, and then, based on this, the amount of deductions in favor of the state budget is calculated.

In 2018, close relatives of a deceased citizen who received material benefits will have to pay 0.3% of the total value of the valuables. Outsiders must pay 0.6% of the entire price of the objects.

Receipt

After half a year has passed from the date of death of the testator, as well as after paying the state fee, the notary provides each heir with a ready-made decree and tells what to do after receiving a certificate of the right to inheritance.

Place of issue

The certificate will be issued by the notary who opened the inheritance office. You can do this:

• at the place of last residence of the testator;
• at the address of the property (house or apartment).

Important! You can register a will at any notary office throughout the country. During the testator’s stay abroad, it is possible to contact a consulate or diplomatic office.

Issue date

A certificate of the right to inheritance, transferred by law, can be issued to an applicant for property only after six months allotted for opening inheritance proceedings.

This period of time is strictly limited to prevent violation of the applicants' property rights to the property.

On the other hand, these deadlines are sufficient for filing personal claims for a share of the inheritance, as well as for submitting a full package of related documents.

The calculation of this period begins on the day after the date of death of the testator or from the day the relevant court decision enters into legal force. If the candidates for inheritance violated the established deadlines, then the paperwork can be restored only after filing a statement of claim in court.

In addition, the law provides a list of grounds under which the period of office work can be extended for another three months. This is possible in the following cases:

• inheritance based on transmission;
• acceptance of property after the refusal of the main candidates from the property.

Terms of issue

A certificate of the right to inheritance transferred by will and by law is possible only after compliance with the full package of established conditions.

Inheritance by law

In this method, property rights are transferred only to close relatives. Therefore, the most important condition is confirmation of the relationship between the applicant for property and the testator. Other mandatory conditions include:

• confirmation of death or the emergence of other grounds for inheritance;
• confirmation of ownership rights to inherited property;
• establishing a complete list of applicants for property;
• receiving personal applications for opening an inheritance from each applicant;
• no deadline violations.

Inheritance by will

After receiving an application from each candidate, the notary checks the database to search for a testamentary disposition, if one has been drawn up. When identifying a will, the lawyer indicates in which notary office the disposition is located. After this, the heirs must contact this notary office with petitions.

Regardless of whether there is a will, the legal order of heirs is also taken into account. The notary's task is to determine whether it is necessary to allocate the obligatory share of the inheritance. The following may apply for a compulsory share of ownership:

• incapacitated relatives;
• minor children;
• elderly parents.

Important! After the allocation of the obligatory part of property rights, the inheritance is distributed among the candidates in such parts as are indicated in the will.

State duty

As noted above, the entire amount of the state duty must be compensated before the expiration of six months. Otherwise, the submitted package of documents will be incomplete. And the notary will decide that the applicant for material assets has independently renounced his property claims to the property.

Also at this stage you will have to pay for notary services and related costs. Heirs are exempt from paying taxes.

Sample certificate

Heirs do not have to worry about the form of the estate since it is drafted entirely by a lawyer. When receiving the original document, you need to check the presence of such mandatory elements as the lawyer’s signature and seal. The content should also indicate detailed characteristics of material goods and their current value.

It is mandatory to provide separate certificates to each heir or one certificate for a specific property. Receiving such a document allows you to contact Rosreestr to enter information into the database about the new owner of the property.

Deadlines for issuing a certificate of inheritance

The time period within which a certificate of the heirs' right to the testator's property can be obtained is determined by Article 1163 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation). The issuance is made six months after the date of death of the testator (the day of opening of the inheritance).

If the decision on the date of death was determined by court, the period is counted from the moment it came into force.

An heir who has the right to receive movable and immovable property with the rights and obligations associated with it can receive the corresponding document at any convenient time .

By a court decision or in the case of an unborn heir conceived during the life of the testator, the issuance of certificates is suspended (clause 3 of Article 1163 of the Civil Code of the Russian Federation).

In the case of obtaining a certificate for property that is transferred to one of the constituent entities or municipalities of the Russian Federation, its registration and issuance is carried out in the same manner as for individuals.

Article 1162 of the Civil Code of the Russian Federation provides for the actions of a representative of a notary authority when information appears about the property of the testator, which was not previously indicated in the certificates of the right to inheritance. Paragraph 2 of this article implies the possibility of issuing an additional certificate of the right to inheritance.

Paragraph 134 of the Order of the Ministry of Justice of the Russian Federation dated April 16, 2014 No. 78 determines the possibility of resuming an inheritance case when issuing an additional document on the right to inheritance.

In this case, the document received by the heir earlier is considered invalid. The notary makes a record of the statements that served as the basis for reopening the case.

An old certificate declared invalid is marked as cancelled , indicating the date and number of the corresponding resolution.

General terms

The general period for issuing a certificate of inheritance is determined by Art. 1163 of the Civil Code of the Russian Federation. A person entitled to inheritance can apply for a certificate six months after the opening of the inheritance. The Civil Code provides for situations in which a document can be issued ahead of schedule, as well as cases in which its issuance is suspended.

The document is issued by a representative of the notary body, or another authorized person. The basis for extradition is a statement written by the heir . In accordance with paragraph 1 of Art. 1162 of the Civil Code of the Russian Federation, certificates can be issued in the following quantities:

• several documents - one for each of the heirs by law or will;
• a single copy that includes all heirs;
• a document that includes information about all movable and immovable property of the testator;
• documents that include information about individual shares of the testator’s property.

It is necessary to pay attention to the fact that the heirs by law receive the document separately from the other heirs .

Shortened terms

The heirs can contact a representative of the notary body to obtain a document on the right to the property of the testator before the expiration of six months from the date of opening of the inheritance.

To do this, they need to provide confirmation that besides them there are no other persons who could lay claim to the inheritance. If they have supporting documents, they receive a certificate in a shortened time, in accordance with paragraph 2 of Art. 1163 of the Civil Code of the Russian Federation.

If it subsequently becomes clear that there are other heirs (heirs), an additional certificate will be issued.

Grounds for suspension of extradition

Clause 3 of Art. 1163 of the Civil Code of the Russian Federation provides for cases when the issuance of a certificate may be suspended . Thus, if one of the heirs of the deceased is a child conceived during his lifetime but not yet born, the documents will be issued only after his birth. Also, the reason for suspending the issuance of certificates disappears in the event of his death.

By decision of the court, the notary can also refuse the heirs to receive the document . This is possible in such cases as:

• if it is necessary to conduct an examination of the documents of one of the heirs;
• after receiving an application from one of the interested citizens;
• in cases where there is a need to obtain an answer from the heirs to a question regarding the commission of these actions;
• if there is a need to obtain additional information from individuals and organizations.

Example Citizen N. died on June 1, 2014. Six months later, his relatives turned to a notary to obtain a certificate of inheritance. During the entire period, none of them renounced their rights to the property and the obligations associated with it. However, the notary announced to those who approached him that he could not issue the required document. Shortly before the death of the testator, he conceived a child who was still unborn.

According to the notary, the heirs will be able to receive the certificate only when the child is born. It also turned out that the exact size of the shares that will go to the heirs is still unknown - due to the heavy pregnancy of the child’s mother, he may still be born dead. In this case, his share will be divided among other heirs.

Conclusion

The deadline for issuing a certificate of inheritance is determined by Art. 1163 of the Civil Code of the Russian Federation, and amount to six months .

At the same time, it is possible to receive the document earlier if the heirs provide the notary with evidence of the absence of other persons who could lay claim to the property of the deceased.

If new heirs not included in the documents appear after their issuance, the old certificates are canceled and new ones are issued. In the same way, a new document is issued upon receipt of information about the previously unaccounted property of the testator.

Question

2 months ago my mother died. We have in our hands a certificate stating that an inheritance case has been opened, a will (the house was bequeathed), and a house register. When will the inheritance document be issued? What is needed for this? Answer

You can check the list of documents that may be required in the future directly with your notary. You will be able to pick up a certificate of inheritance rights six months after its opening. If you have information that there are no heirs besides you, you can receive the document without waiting six months.

Question

Our six-month period has expired after the death of a relative, and we submitted an application to a notary to receive inheritance documents. We were told that they would “call”, but a month has passed and the document has not been issued. What is the maximum period during which documents are prepared? Answer Based on Art. 1163 of the Civil Code of the Russian Federation, you can apply for a certificate at any time after the end of the period of six months after the opening of the inheritance, if the issuance of documents has not been suspended. The law does not provide a specific time frame within which the notary is required to prepare documents, but it must be received within a reasonable time. You can, through the court, oblige a notary to issue you a document if the court recognizes his inaction.