To ensure fair distribution of the deceased's property, the legislator divided all members of his family into groups. There are six main queues. They include the spouse and blood relatives of the deceased person up to the fifth degree of direct and collateral kinship. The seventh and eighth stages include persons who are strangers to the deceased by blood, but who lived with him in the same family. 
The concept of order of inheritance
The legislator consistently adheres to the principle of gender equality. The scope of inheritance rights of men and women, as well as relatives on the father's and mother's sides, is the same.
The following rules apply to inheritance queues:
- Groups of heirs are encouraged to take over the deceased's property sequentially.
- Each succession line may consist of one person or several people. Organizations inherit only by will.
- The plurality of heirs of one group presupposes the nominal equality of their shares.
- Representatives of the second and subsequent hereditary groups have a chance to receive the property of the deceased only if it has not been transferred to the heirs of the 1st stage.
- If at least one primary heir after death accepted the assets of the deceased legally or actually, representatives of the next priority heirs do not have any rights in relation to them.
According to the law, heirs of the first priority are immediately found if there is no will.
Composition of priority heirs
The first step is to establish who the primary heir is at law, since in most cases they are the ones who acquire the assets of the deceased. So, the heirs of the first priority according to the law are the spouse, children, and parents of the deceased.
If there is at least one of the primary heirs who, after the death of the testator, has completed the necessary formalities, representatives of other inheritance lines are not called upon to accept the property. An exception is made for persons claiming part of the assets of the deceased as his dependents.
The legal status of a dependent is twofold. If the testator supported a disabled relative during the last year of his life, he has equal opportunities with the successors in the inheritance line. The scope of powers of such a person does not depend on whether he lived together with the deceased.
A disabled person who is not included in any of the seven inheritance lines, who lived with the deceased and was his dependent for the last year, is recognized as an heir of the eighth line. It inherits if there were no blood relatives who would accept the assets of the deceased.
Composition of subsequent inheritance lines
Hereditary lines from the second to the sixth are represented by blood relatives along the direct and lateral lines of the family tree. Each generation in a straight line “up” (grandfathers, great-grandfathers, great-great-grandfathers) is assigned its own hereditary queue. Moreover, each generation “down” (grandchildren, great-grandchildren) inherits by right of representation.
The second line of succession is represented by the testator's grandfather/grandmother and his sisters/brothers. The legislator equated non-full-blood relatives with full-blooded relatives. The shares of brothers/sisters whose only one parent is the same as the deceased do not differ from the shares of other representatives of the corresponding lineage.
The third hereditary group is represented by the uncles/aunts of the deceased. The heirs of the fourth to sixth groups are great-grandparents and cousins. Seventhly, the property of the deceased is received by his stepsons/stepdaughters, stepfather/stepmother.
It is important to understand that the stepfather/stepmother is included in the queue under consideration if they did not adopt the deceased. Otherwise, they inherit like their parents. According to the law, heirs of the first priority can claim a share of the property of a deceased relative.
Can the primary heirs receive the property of the deceased if he left a will?
If the copyright holder did not take advantage of the opportunity to distribute assets during his lifetime, their division will be organized in accordance with the rules of Chapter 63 of the Civil Code of the Russian Federation. Its provisions apply in the following situations:
- a deceased relative did not leave a will;
- if posthumous dispositions concern individual things (non-probate assets are transferred to the heirs of the 1st stage);
- when heirs, sub-heirs (secondary heirs, whose competence arises in the event of death or abandonment of the property of the primary ones) under the will died before the opening of the inheritance and, according to the will of the testator, this leads to the distribution of the inheritance mass according to the law;
- the will is invalid.
If the division of the deceased's assets occurs without a will, the first priority heirs have the greatest chance of receiving the property. They are also the main contenders for inheritance under the following circumstances:
- the will is contested;
- the successor under the will submitted a refusal to the notary or passively did not accept the assets for six months;
- the heir under the will is recognized by the court as unworthy as a result of an attempt on the life, health, property of the testator or his relatives.
According to the law of the Civil Code of the Russian Federation, the heir of the first stage can simultaneously act as a legal successor under the will. The expediency of drawing up the document from the testator’s point of view in this case is dictated by leaving the property to one of several heirs of the 1st stage.
To the possible grounds for the acceptance of property by the primary heirs, one more thing should be added - transmission (transfer of the possibility of receiving the assets of the deceased from a person who did not have time to accept them due to sudden death after the testator, to another person).
Rights of primary heirs to the obligatory share
The rules on compulsory share of inheritance establish restrictions on the freedom of action of the testator and additional guarantees for persons in need of material support. They guarantee the right holders the opportunity to receive half of the legal share, regardless of the content of the testamentary dispositions of the deceased. The following are recognized as copyright holders:
- representatives of the first line of heirs by law (marriage partner, child, parent);
- persons called upon to inherit jointly with the primary heirs after death as dependents.
The right to an obligatory share is justified by the incapacity or minority of the potential successor. The legislator assumes the possibility of violating the last will of the testator in the event that the potential successor is unable to take care of himself.
The requirements for compulsory share do not apply to representatives of the second and subsequent inheritance lines, even if there are no primary heirs after death, they passively did not accept the inheritance or refused it. The obligatory share includes everything that the copyright holder receives from the testator’s property for any reason (law, will, transmission). The heirs of the first priority according to the law are calculated immediately.
Example : deceased A. bequeathed a garage belonging to him worth 243 thousand rubles. daughter M. has been disabled since childhood. The house has a cadastral value of 905 thousand rubles. he left it to R.’s niece. A.’s low-value movable property was valued at 100 thousand rubles. The circle of potential legal successors of A. is represented by his mother, wife and three children (5 people). Let's find out whether M. can claim an addition to the garage.
M.'s obligatory share is 1/5 of the inheritance, which in monetary terms corresponds to 249 thousand 600 rubles. at the rate of 1/5 of 1 million 248 thousand rubles. (total value of the deceased’s assets, calculated as the amount of 243 thousand rubles + 905 thousand rubles + 100 thousand rubles).
Conclusion: the value of M.’s bequest does not correspond to the size of her obligatory share as the primary heir after A.’s death. In addition to the garage, M. can claim 6,600 rubles. (249 thousand 600 rubles - 243 thousand rubles) compensation for the disproportion of its share from R.
The spouse of the deceased as the primary heir
- if the marriage is officially registered (registry office, village council, Russian consulate, authorized body of a foreign state);
- if the marriage certificate is valid as of the date of death of the testator.
When assessing the validity of the surviving spouse’s claims to the assets of the deceased, the notary is guided by official documents. He is not authorized to take into account the explanations of interested parties regarding the joint or separate residence of the testator and potential successor. First-line heirs by law often prove their relationship through court.
First priority of heirs by law - list of persons and distribution of property
When a person passes away, the values he accumulated remain, to be divided among potential applicants.
If the deceased has not drawn up a notarized declaration of will in the event of his death, the distribution of property occurs in the manner established by Art. 1142-1145 Civil Code of the Russian Federation.
They specify who the first-priority heirs are under the law, how their parts are determined and the composition of the values going to a specific person.
General principles of inheritance
Since ancient times, inheritance has been a universal mechanism by which property rights are transferred from the older generation to the younger. All property remaining after the owner passes away is considered as a single whole. This means that its transfer to the heirs of the 1st stage or more distant relatives occurs as a whole and at the same time.
The composition of material benefits subject to distribution includes:
- real estate;
- movable assets;
- money in cash and non-cash form, monetary rights;
- debts to individuals and organizations.
Rights that do not provide for the possibility of transfer to third parties are not subject to distribution: to receive alimony, to compensate for harm to life and health, etc.
There are two main schemes for distributing property left after the death of a citizen: by will and by law. During his lifetime, the testator can draw up a document regulating who will receive his property and in what shares. This greatly simplifies the division process and ensures that the wishes of the deceased will be carried out.
If there is no will or is declared invalid, the values are divided in the manner prescribed in the Civil Code of the Russian Federation. It is determined who is the heir of the first stage, and the shares of each of them are calculated. If the deceased did not have close relatives, the property goes to the second or third priority.
Important! Debts and valuables left by the testator form one whole. A person can only accept an inheritance as a whole and does not have the right to take one, “good” part, leaving the other applicants with the second, “bad” part.
Who has the priority right to inheritance?
According to Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are the closest people to the deceased. The law lists them as:
- husband (wife);
- children;
- parents.
From the point of view of the Civil Code of the Russian Federation, it does not matter whether the children are natural or adopted. In any case, they are considered the primary contenders for the values remaining after the death of their parents.
Important! The first priority of inheritance includes children from all previous marriages of the deceased. Despite the parents' divorce, they are not deprived of the right to claim their property.
From the point of view of current legislation, spouses are considered to be persons whose family relationships are registered with the civil registry office.
If people lived together, but did not formalize the relationship in any way, they do not have the right to lay claim to each other’s values. The only “loophole” in this case is to prove that the husband (wife) was a dependent of the deceased, i.e.
lived with him in the same area and did not have the opportunity to independently provide for himself due to objective reasons.
If the spouses dissolve the relationship by filing a divorce, the wife is no longer among the first heirs after the death of her husband and is deprived of the right to claim his property. If at the time of the owner’s death the divorce process had begun but not been completed, she retains the rights to his movable and immovable property.
How is property distributed among priority heirs?
If all representatives of the 1st stage are alive, the property is divided between them in equal shares, unless otherwise provided by law.
A special case of transfer of property rights is hereditary transmission. This is the transfer of the right to receive valuables to a descendant of a person who would receive the property as a priority.
Example. Who are the heirs of the 1st stage after the death of the grandmother, if her children died earlier? The share of deceased children automatically passes to the grandchildren, between whom the values are divided in equal shares.
The order of inheritance has its own subtleties and nuances depending on the individual characteristics of the case. Let's look at examples:
Example No. 1
The citizens were in a registered marriage and had two children in common. Over the years of living together, they purchased an apartment, registered as joint ownership. There was no prenuptial agreement. How will the property be divided after the death of the husband?
The direct heirs after the death of a man are his wife and children. It is a mistake to believe that the apartment will be divided into three equal parts, and everyone will get their own share.
The property was joint property of the spouses, so the wife owns ½ square meters. The second part of the housing is subject to division into three equal shares.
Example No. 2
After the death of citizen A, she was left with two adult children. The husband died earlier, the parents were long dead. How will the remaining property be divided?
In this situation, everything is clear: the first-priority heirs after the death of the mother are her children. There are two of them, so the property will be divided into two equal parts. To receive the property due, the heirs need to declare their rights within six months from the date of the death of the testator.
Example No. 3
Citizen A was raised by his mother, his father was deprived of parental rights. But he never entered into a legal marriage, did not have his own children and died as a result of an accident. Who will get his property and car?
According to the law, the heirs of the first priority after the death of A are his parents (since there are no children and no wife). However, the Civil Code of the Russian Federation prohibits a mother (father) deprived of parental rights from laying claim to the child’s property. This means that the father is automatically excluded from the division, and everything acquired by the deceased will go to his mother.
Important! The fact of deprivation of parental rights leaves children the opportunity to claim the property of an unscrupulous parent.
Example No. 4
Citizen B died under unclear circumstances. The heirs of the first stage are his two sons. How will the apartment, dacha and car of the deceased be divided between them?
As a general rule, property should be divided into two equal parts. What specific objects will go to each of the legal successors? There is a principle according to which the person who owned an apartment or house together with the deceased has a priority right to real estate. If there were no co-owners, priority is given to the one who lived with the testator.
If one of the sons lived with his father in the apartment, he will receive his share of the living space. The second one can get a car and a dacha.
What are obligatory shares in an inheritance?
Current legislation protects the rights of persons who, due to objective reasons, cannot support themselves. The Civil Code of the Russian Federation introduces the concept of compulsory inheritance shares, which apply if the owner has left a will.
Parts of the deceased’s property can be claimed in any case:
- children under 18 years of age;
- incapacitated parents and spouse;
- other dependents.
The degree of kinship in inheritance does not always play a decisive role. If the dependent proves that he lived with the testator and used his property, he will be able to claim part of the values.
Example. Citizen B left a will, according to which all his property goes to his two sons. However, it turned out that his niece, a disabled person of the 1st group, who was not able to earn her own living, lived in the same house. As a result, she will be included in the value section as a disabled dependent entitled to the obligatory portion.
The obligatory share is at least ½ of what a specific relative or dependent would receive in the absence of a will. Whether to take what is due by law or not is a voluntary decision of the heir.
According to the provisions of the law, the heirs of the first priority include the immediate relatives of the owner or their descendants in the order of transmission. If there is no will, the values left by the owner are distributed in equal shares. To receive the due portion, you need to contact a notary within 6 months from the date of death of the testator.
First priority heirs by law after the death of one of the spouses
The institution of inheritance in the Russian Federation involves two types of inheritance: by law and by will. If the testator's will is absent or declared void, the rules of inheritance by law begin to apply.
The order of inheritance by law is established by the Civil Code of the Russian Federation. Heirs of the first stage are the very first circle of persons who can be called to inherit.
Let's consider who is the heir of the first priority according to the law, the necessary conditions for accepting the inheritance.
Who are the heirs of the first stage?
The Family Code of the Russian Federation in Article 1142 defines the circle of persons who are heirs of the first priority by law. The heirs of the first priority by law are:
- spouse;
- parents;
- children.
To have the right to inherit the property of the deceased, the marriage of the spouses must be officially registered. The presence of children is confirmed by special documents (birth or paternity certificates).
To be included in the circle of heirs, parents do not have to live with the deceased or be in a legal marital relationship: an entry in the birth certificate or paternity certificate is sufficient.
Important! To enter into an inheritance, the relationship between the heir and the testator must be documented.
So, it is legally established that close (blood) relatives of the property owner are heirs of the 1st stage.
Note! If the spouses cohabited, then the right to inheritance will have to be defended in court as a matter of priority.
How are shares distributed among first-degree heirs?
The procedure for distributing shares among first-priority heirs depends on several factors, namely, whether the testator has a surviving spouse, when and how the inherited property was acquired.
| Possible variant | Procedure for distribution of shares |
| There is a surviving spouse; ownership of the property was acquired during legal marriage. | Initially, the legal share of the surviving spouse is allocated (in the amount of ½). The remaining property is divided equally between all applicants for the first priority inheritance, including the surviving spouse. |
| There is a surviving spouse. But part of the property was acquired before marriage, gifted to the deceased, or received by him as an inheritance. | From the portion of the property acquired jointly by the spouses, the marital share of the living spouse is deducted, and the remaining portion is divided equally among all applicants. Property received as an inheritance, gift, or acquired before marriage is divided in equal shares among all priority heirs. |
| There is no surviving spouse. | The inherited property is divided equally among all successors. |
First priority heirs after the death of one of the spouses must contact the notary who is in charge of the inheritance case. This can be done together or one by one. The allotted period for claiming inheritance rights is 6 months.
The main condition is to document the relationship.
It is in the interests of the surviving spouse to provide documentary evidence that the testator’s property was acquired during the official marriage and is jointly acquired, in order to eliminate the need to divide the marital share among everyone.
Let's look at an example of who is the first-line heir after the death of a husband who was previously in another marriage, has 1 child from his first marriage, an adopted son in a 2nd marriage, a sibling and an elderly disabled father. The inheritance consists of a two-room apartment purchased during the second marriage and a car purchased before marriage.
The heirs of the 1st stage according to the law are the wife from the second marriage, the child from the first marriage, the adopted child and the father. The apartment was purchased during a legal marriage, which means it is necessary to allocate the share of the surviving spouse. After the death of her husband, the wife will receive 5/8 shares in the apartment and ¼ share of the car.
The remaining three applicants will be able to enter into inheritance ownership of 1/8 shares of the apartment and ¼ shares of the vehicle each.
If the inheritance includes indivisible property, for example, furniture or household items that were used by a relative living together with the deceased, then he has the right to keep them for himself, compensating the difference to the other heirs of the first priority without a will.
Need to know! If the deceased has debts (outstanding loans, borrowings, etc.), then, along with the property, the persons who inherited in the first priority receive equal shares in the debt obligation of the testator.
Who can inherit equally with the first priority?
In addition to first-degree relatives, other persons who are not consanguineously related to the deceased may claim property that belonged to the testator:
- Adoptive parents and adopted persons. The legislation equates this category of persons with blood relatives and includes them among the priority heirs. Once the adoption is finalized, adopted children often lose contact with their biological parents and are unable to inherit from them. In return, they receive the right of inheritance from the adoptive parent.
- Dependents who are relatives but not included in the group of first-degree heirs. These include disabled relatives who were voluntarily taken into the care of the deceased. These may be children of distant relatives, elderly people, disabled people who have a distant degree of relationship. Mandatory condition: the deceased must support a dependent for more than 1 year before his death.
- Dependents who are not related to the deceased. To be able to enter into inheritance rights on an equal basis with other priority applicants, this circle of persons must prove in court the fact of their dependency.
Important! A citizen will be recognized as a dependent only if the help of the testator was the main way of obtaining a livelihood.
Can a first-priority heir be left without an inheritance?
There are cases when, based on a court decision, the primary heir may be excluded from the circle of persons and deprived of the right to inherit from a deceased relative.
An unworthy heir is a person who has lost his right to inheritance.
Conditions under which an applicant for an inheritance may be considered unworthy:
- If you tried to hide the presence of other persons having the right of first priority inheritance.
- If he committed illegal actions (violence, cruelty, intimidation, blackmail) against the testator or other heirs. The fact of illegal actions must be confirmed by a verdict or court decision that has entered into legal force.
- If you tried to increase your share of the inheritance or the share of another heir (forgery or theft of documents, fraud, concealment of property, etc.).
- If the heirs are parents who were deprived of parental rights and their rights were not restored on the day the inheritance was opened.
- If the parent was not officially deprived of his parental rights, but repeatedly failed to fulfill the child support obligations that were established by the judicial authorities in favor of the testator. The fact of evasion must be confirmed by documents: court decisions that have entered into force, the presence of debt, a change of job and place of residence, initiated by enforcement proceedings.
To protect yourself from an unworthy heir, you must file a civil claim in a district or city court and document your position at the court hearing.
So. The first line of heirs by law consists of close blood relatives of the deceased citizen. Current legislation equates to them persons who were completely dependent on the testator. For unworthy and prohibited actions by law, the applicant for an inheritance may lose the right to inherit.
Heirs of the first stage according to the law - Article 1142 of the Civil Code of the Russian Federation: who they are and how the property is divided
The issue of application for inheritance is a serious section in the field of civil law. To ensure that the process of drawing up a document does not cause difficulties or any delays for the heirs, they turn to a notary for help.
A written request and accompanying documents are submitted for its consideration.
Based on the completed application for acceptance of the inheritance, the notary creates and announces a list of the deceased’s property and indicates all possible claimants to the inheritance.
The will left by the deceased plays a prominent role in the process of accepting an inheritance. Persons registered in the testamentary document by the testator himself have priority.
However, in modern Russia the act of writing a will is not common and the process of inheriting property is carried out according to the law.
When laying claim to an inheritance, a citizen must have an idea of the legal side of the process and know who is the first-priority heir under the law.
Legislative justification for priority
The priority of inheritance is prescribed in Article 1142 of the Civil Code of the Russian Federation. According to the law, the closest relatives of the deceased - children, spouse, parents - are recognized as first-degree heirs. The article explains some of the nuances of the inheritance process.
The transfer of inheritance from parents to children and vice versa is determined by the origin of the child. The child's descent from parents must be documented by law and confirmed by the issuance of a child's birth certificate.
Mutual inheritance between parents and children is NOT affected by:
- Divorce between parents.
- Restriction of parental rights (deprivation of a parent’s rights to personally raise a child).
- Fact of adoption.
Inheritance rights between spouses are valid only in the case of official confirmation of the marriage relationship, that is, it is necessary to have a record of the act in the registry office. Based on the act, the spouses receive a marriage certificate.
The surviving spouse becomes the legal owner of 1/2 of the jointly acquired property , unless the marriage was dissolved or declared invalid. In the event of divorce, the spouses are deprived of the first priority inheritance rights in relation to each other.
An exception is the entry of a surviving spouse into a remarital relationship after the official recognition of the death of the testator.
Heirs of the first stage
The process of determining the circle of heirs begins with establishing the fact of the existence of a will. The presence of the document determines the list of heirs. The absence of a will calls for recourse to the law. According to Art. 1142 of the Civil Code of the Russian Federation, described above, the children, spouse and parents of the deceased are recognized as heirs of the first stage without a will.
The law states that the blood relationship between children and parents must be confirmed by a certain document, and the relationship between spouses must be officially registered . Otherwise, the right of inheritance will have to be proven in court. Only a court ruling guarantees the opportunity to join the ranks of heirs.
An option is possible when the heirs who have already divided the property among themselves add an additional person to the application for acceptance of the inheritance. The following is the procedure for certifying the document by a notary and recalculating the shares of the inheritance.
Important ! There are cases of mandatory heirs who receive a share of the inheritance regardless of the situation. Such persons include incapacitated parents or spouse, as well as minor children of the deceased.
One of the applicants for the first priority inheritance is an officially adopted child or the adoptive parent of the heir . According to the law, adopted children and adoptive parents are considered equal heirs of their due share.
Division of inheritance
Let's consider how the inheritance is divided among the first-line heirs. The division of inheritance is a really interesting topic. There are many nuances in this process. The situation in which all the heirs of the first stage are alive is the simplest. The property of the deceased is distributed among the heirs in equal amounts.
In the event of the death of one of the spouses, the common property acquired during the marriage is determined. It is considered general according to the Family Code of the Russian Federation. The first part of such property cannot act as an inheritance, since by law it belongs to the spouse of the deceased.
Inheritance without a will
Who inherits first? The entry procedure is determined by the Civil Code of the Russian Federation. In addition to the first stage, there are seven more, which include different groups of heirs.
Most often, the first three stages take part in the process of division of inheritance:
- First: children, spouse, parents of the deceased.
- Second: brothers, sisters, grandparents of the deceased.
- Third: uncles and aunts of the deceased.
The existence of inheritance queues simplifies the process of transferring inheritance in the absence of heirs of higher queues.
Reference . If there are no first-degree heirs, the right to own the property of the deceased passes to his direct descendants - grandchildren and great-grandchildren.
They are entitled to the share of property assigned to their ancestor. The rule applies if the heirs of a higher priority refuse to accept the inheritance or are absent.
In this case, the right of inheritance passes to the heirs of the lower order.
A situation is possible in which the deceased has no heirs either by will or by law. Then the property becomes the property of the state. The concept of escheatable property comes into force. It can be represented either by the entire inheritance or by part of it. The state does not have the right to refuse escheated property, since its acceptance is mandatory.
Heirs of the first stage and their rights
Often, during their lifetime, citizens do not think about writing a will and indicating their heirs in it.
When a sad event occurs and a person passes away, a struggle for property begins between the relatives of the deceased.
It is in this case, in the absence of a will, that the division will take place on legal grounds. The distribution of property rights is carried out according to the degree of family ties in a certain order.
How this procedure occurs, read further in our article.
Who is the first priority heir?
The basic principles and conditions of inheritance are established by the Family and Civil Codes of the Russian Federation, as well as other documents.
Property assets will be distributed on a first-come, first-served basis, but each of the applicants will not be able to receive anything if:
- he himself refused to inherit;
- has no right to it;
- declared an unworthy descendant of a deceased citizen;
- did not enter into the right of inheritance.
The legislation of the Russian Federation protects the preemptive right of a married partner and other relatives of the deceased by blood. Let's consider who exactly will be the primary heir if there is no will of the deceased.
Please note! Each citizen decides for himself whether to accept the inheritance or not. This is his right, not his obligation.
1142 Civil Code of the Russian Federation
Let's figure out who belongs to the heirs of the first stage. This rule is regulated by Art. 1142 of the Civil Code of the Russian Federation, where it is strictly defined that such persons are:
- spouse of the deceased;
- parents of the deceased;
- children of the testator.
An inheritance can be received not only by will, but also by law in order of priority.
The first category—marriage partners—quite often raises controversial issues when receiving an inheritance. Let's consider who is considered a legal spouse according to the norms of the RF IC:
- the marriage relationship is officially recorded in the civil registry office and is confirmed by the relevant document, a marriage registration certificate;
- family relationships have been proven and confirmed through court;
- marriages concluded according to religious customs during the Great Patriotic War.
Please note! The law clearly defines who is considered the legal spouse of the deceased. Therefore, partners in a civil marriage cannot exercise the right to inherit.
Disabled cohabitants can still inherit part of the property assets, but not according to the priority rule, but if they were dependent on the deceased for one year or more.
Also, when establishing the legal grounds for spouses to enter into inheritance, there are significant nuances:
- if the marriage relationship is declared illegal, the partner will be excluded from the list of first-priority heirs;
- if the family relationship was dissolved through the registry office or court. But this will only happen if the decision to divorce is made before the day the inheritance is opened;
- the spouse will be entitled to receive the property even if he lives elsewhere.
The parents of the deceased person are also the primary heirs. In this case, it is clear who the indicated persons will be the mother and father of the deceased. The adoptive parents of the deceased have equal rights with his biological parents. At the time of inheritance, they should not be deprived of parental rights.
Legislation makes the rights of all children of a deceased citizen equal, these include:
- children born in marriage;
- illegitimate children;
- adopted persons;
- born within 300 days of his death.
Please note! If the future heir has not yet been born, the property cannot be divided before his birth.
It is worth considering one more important nuance: if the mother dies, then the children automatically become heirs, but in the case of paternity, this will need to be proven either voluntarily or through the court. Children do not lose their right of priority inheritance, even if the parents were deprived of parental rights or voluntarily renounced them.
By submission
Sometimes there are no first-degree heirs. In this case, the right passes to the direct descendants of the deceased - grandchildren and great-grandchildren. The share of the deceased must be divided between the claimants according to the principle of representation, unless the latter themselves have renounced their legal right in favor of another person.
Inheritance can be entered into within 6 months after the death of the testator
How is the inheritance divided among first-degree heirs?
After the death of one of the spouses, it is necessary to determine which property assets are subject to inheritance.
According to family law, everything acquired during a legal marriage is divided equally between partners, unless other circumstances are agreed upon.
Thus, the second partner owns 50% of the property assets, which is not subject to division. But the second half will be divided between the applicants in equal shares.
But what if the property was acquired before marriage? In this case, all property is distributed among the first-rank applicants in equal proportions, including the second spouse.
All formalities are regulated through a notary. In order for actions to enter into inheritance to be legal, you should:
- within six months from the date of the citizen’s death, contact a notary’s office with a passport and an application to accept the inheritance;
- prepare all necessary documentation on the recommendation of a notary;
- pay the state fee for notarial acts;
- receive a certificate;
- If you become the owner of real estate, then it should be registered with Rosreestr. You also need to pay a state fee for registration.
From this moment on, the heir becomes the legal owner.
By will
During his lifetime, a deceased citizen could leave a will and, at his own discretion, distribute property assets among citizens. In this case, there can be no question of inheritance by order. The only way out of this situation is to challenge the will.
In this case, it must be proven that the testator was incapacitated at the time of its preparation.
If the relatives of the deceased citizen manage to convince the court and a decision is made in their favor, then in this case the principle of order of succession will again be applied, and the spouse, children and parents have the right first.
The law establishes persons who have the right to receive an inheritance regardless of whether the deceased left a will.
These legal principles protect the interests of a limited number of heirs who can claim an inheritance even in the presence of a will. Such persons include:
- minor children of the deceased;
- disabled children, spouse, parents or other dependents.
Mandatory heirs must receive at least half of the share that would be due to them if inherited by law. The court may reduce the amount due, taking into account the property status and income of all applicants.
Minor heirs of the first stage
Special rules of law are aimed at protecting the rights and interests of minor heirs. Due to the fact that these persons are under 18 years of age, they cannot independently participate in this procedure. Therefore, their legal representatives should handle all paperwork.
Guardians, if the child does not have their own income, will have to bear all the costs associated with maintaining the inherited property, paying taxes, or compensating for possible debts of the deceased.
Please note! If a minor has a permanent income and has reached the age of 14, then with the consent of his legal representatives he has the right to independently accept the inheritance.
Taxes upon entering into an inheritance of the first stage
For the legal basis for the use of movable and immovable property, it is necessary to pay a single payment when entering into an inheritance - a state fee. Its size depends on the share of inherited property and the degree of relationship of the heirs:
- 0.3% of the value of the property, but not more than 100 thousand rubles. The tariff applies to persons in first priority of inheritance, as well as brothers and sisters of the deceased;
- 0.6% to other heirs, but not more than 1 million rubles.
Please note! Minors and citizens are exempt from paying state fees for notarial acts when inheriting residential premises if they lived together with the deceased in the specified apartment.
You will also have to pay tax when registering property rights in Rosreestr. The state duty is:
- 350 rub. for real estate intended for running a subsidiary, country house or agriculture, as well as a garage building;
- 2000 rub. - other cases not listed above.
If a citizen pays the fee through the government services portal or other ESIA portals, then its value is calculated using a preferential coefficient of 0.7.
After the information is entered into the Unified State Register and the information is received by the tax office, the citizen needs to pay tax contributions on the property in accordance with the established deadlines.
Challenging the heir of the first stage
In some cases, you can only formalize your rights to inheritance through the court if:
- the applicant decided to restore the missed six-month period from the date of death of the citizen;
- family ties with the deceased person were confirmed;
- it is necessary to challenge the will.
Please note! Heirs of the first priority have every right to challenge the will of their relative if they believe that the citizen signed it under the influence of any external factors.
To do this you should:
- collect documents confirming the circumstances of the case under consideration;
- draw up a statement of claim and send it to court;
- take part in legal proceedings;
- wait for a court order.
An approximate list of documents that will help the court make a decision in favor of the plaintiffs:
- certificates from experts on the psychiatric assessment of the deceased (to confirm his incapacity);
- various extracts confirming that the deceased relative was dependent on alcohol or drugs;
- testimony of witnesses who knew the circumstances of the case;
- handwriting examination proving the invalidity of the signature on the will;
- documents indicating that the will was certified by a person who did not have the right to do so, etc.
Each inheritance case is unique. If you have any questions, you can contact our lawyers for advice by phone or through the form on the website.
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