Deadline for entering into inheritance - law on entering into inheritance in Russia

Only 25 percent of Russians today resort to wills when disposing of their property in the event of their death. Photo: ITAR-TASS/ Valery Sharifulin

Lawmakers have prepared several initiatives that will modernize and simplify the procedures for executing a person's last will. This should popularize the institution of wills among Russians. In the meantime, in most cases, the property of the deceased is distributed among relatives according to the general law.

Taking into account international experience

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The Russian Institute of Inheritance Law lags behind world experience in many respects. As a result, only 25 percent of Russians today resort to wills when disposing of their property in the event of their death. The development of this branch of civil rights has long required new ideas. The State Duma is currently considering several initiatives developed by a group of deputies led by the Chairman of the Duma Committee on State Building and Legislation Pavel Krasheninnikov .

Spouses will be able to compose them. In the document they will indicate who will receive what property after the death of both or one of them. If the husband and wife later divorce, the will will be revoked. The same thing will happen if one of the spouses subsequently decides to create a separate one.

The author of the will will be able, during his lifetime, to gather everyone to whom he wants to leave everything acquired through back-breaking labor, and discuss with them the conditions for entering into an inheritance. For example, caring for a sick relative or doing something useful for the city. Under any conditions, a mandatory part of the inheritance will be received by minor children, disabled children and disabled parents and spouses.  

From September 1, the institute of hereditary funds will appear in Russia. They will be created by notaries after the death of the founder to support the people whom he indicates in the agreement. The State Duma proposes to give the opportunity to create such funds during their lifetime, so that citizens can transfer their assets to the funds and prescribe ways to manage them after their death.

• If a person does not leave a will or it is declared invalid, then his property is divided according to law. Photo: ITAR-TASS/ Valery Sharifulin

Entering into inheritance: main issues

What is more important - the law or the will?

There are two ways of inheriting property - by general law and by will. The Civil Code of the Russian Federation defines a will . In a will, a person can dispose of his property as he pleases. The law sets one condition: minor children, disabled children and disabled parents and spouses have the right to a compulsory share.

If a person does not leave a will or it is declared invalid, then his property is divided according to law.

Who are considered the heirs of the first stage?         

The order of inheritance concerns cases when property is divided according to law. If there are no representatives of the first stage, the right of inheritance passes to the second stage and so on. In total, the Civil Code of the Russian Federation establishes seven queues:

1. Children (from all marriages), spouse and parents of the testator. The inheritance is divided equally among everyone. Grandchildren of the deceased and their descendants - by right of representation*
2. Brothers and sisters, grandparents
3. Uncles and aunts. Cousins ​​- by right of representation*
4. Great-grandparents
5. Cousins, grandparents
6. Great-great-grandchildren, nephews, uncles and aunts
7. Stepsons, stepdaughters, stepfather and stepmother

* If the legal heir died before the opening of the inheritance or at the same time as the testator, then his share passes by right of representation to the descendants and is divided equally between them. 

Civil marriage and inheritance

Common-law wives and husbands, as well as ex-husbands, cannot legally claim the property of the deceased: the spouse with whom the relationship was officially registered at the time of the death of the testator can accept the inheritance. The only way to take care of an informal spouse is to mention him in the will.  

 “Lifetime” inheritance funds will appear in Russia

How to enter into inheritance in Russia according to the law and through the courts?

Inheritance by law is a method of obtaining an inheritance available only to relatives of the testator. It is possible only when there is no will drawn up by the deceased. To enter into an inheritance, relatives need to determine which of them is next in line to inherit. After this, you need to go to the notary and begin the process of registering the inheritance.

Entry into inheritance according to law

How can you inherit property? The inheritance process is clearly defined in the laws, and it can only happen in two ways:

• in law. If the deceased left an inheritance to his relatives without making a will;
• by will. If the deceased made a will and indicated there a list of persons to whom he would like to leave his property.

A will is considered the last will of the deceased, so it takes precedence over inheritance by law.

However, if such a document was not drawn up, then the relatives of the deceased inherit according to the order. The first to receive this right are the parents, children and spouse of the deceased. They are considered the closest relatives, and therefore take first place. On the second are the brothers and sisters of the deceased. The full distribution of queues is set out in Art. 1141-1145 Civil Code of the Russian Federation.

If at least one heir of the line called for inheritance is ready to accept the inheritance and is not found unworthy by the court, it is he who will receive all the property of the deceased.

Inheritance according to the law is formalized in the general manner by a notary.

In addition, heirs can receive property after the fact if they begin to use it and take other actions provided for by the Civil Code of the Russian Federation within a period not exceeding 6 months from the date of opening of the inheritance.

What is needed to enter into an inheritance?

To enter into an inheritance according to the law, the heir must be in the line closest to the testator. In addition, he should not be declared unworthy by a court.

An heir who influenced the testator in order to make a decision in his favor is considered unworthy. In addition, the heir may be considered unworthy if he refused to perform useful actions in favor of the testator.

For example, help, care in the last period of life.

In addition, to enter into an inheritance, you need to submit an application to a notary.

He will open the case on acceptance of the inheritance and tell you what documents need to be submitted for the final registration of the inheritance.

During your first visit to the notary to write an application, it is better to immediately take with you the death certificate of the testator or its certified copy. In addition, you will definitely need a document indicating the last place of residence of the deceased.

Next, to enter into an inheritance, you need to collect all the documents and present them to the notary. The final list of papers is established individually for each case, depending on the nature of the inherited property and other nuances of the case.

The result of this journey will be obtaining a certificate of the right to inheritance from a notary.

Certificate of inheritance

The document indicating the end of the inheritance is the corresponding certificate. It is issued by a notary to each heir who has submitted an application and submitted all the necessary documents. It is considered confirmation of the legality of the transfer of property to a specific heir. There is a fee to obtain this document.

Once issued by a notary, a certificate of inheritance rights can only be annulled by a court.

This happens when, 6 months after the death of the testator, an heir is declared who did not assume his rights on time.

When he goes to court and the court makes a decision to recognize the right, the certificates previously issued to other heirs are declared invalid.

After the division of property, which takes into account the interests of the emerging heir, all participants in the case are issued new certificates of the right to inheritance.

Entering into inheritance through court

Entry into inheritance is possible not only through a notary, but also in court.

This happens when one of the heirs, for example, missed the deadline for registering the inheritance and did not submit an application to the notary on time. In this case, the heir will have to assume his rights exclusively through the court.

He must submit a corresponding application and indicate in it the reasons why he could not accept the inheritance in a timely manner through a notary.

Missing a deadline without a justifiable reason is unacceptable. If the heir does not prove that this omission was forced, the court may refuse to recognize the right of inheritance.

To enter into an inheritance through the court, you must file a claim with the court dealing with inheritance cases and attach documents confirming the valid circumstances of the omission. For example:

• extract from the outpatient card, doctors' conclusions, other documents about the timing and process of treatment. Must be presented to the court as evidence of missing a deadline due to treatment;
• certificates from the place of work and other documents confirming being on a distant business trip. Necessary in case of missing a deadline for an appropriate reason.

However, the most common reason why the heir did not assume his rights on time is his ignorance of the death of the testator.

ATTENTION! You can go to court within 3 years, counting from the moment the reasons preventing you from doing it on time no longer exist.

Based on the results of the court's work, the following decision may be made:

• refusal to recognize the right;
• restoration of the deadline missed by the heir;
• recognition of the right immediately with the issuance of an appropriate decision.

Thus, to register an inheritance, you need to perform a certain procedure, which is regulated by law.

Law on inheritance in Russia

If an heir or any other person needs to know the answers to questions about inheritance, then it is worth looking into the Civil Code of Russia. It contains all the basic provisions, rules and procedures of inheritance.

Entering into an inheritance is fully regulated by the laws of Russia, and all the rules, norms and procedures for accepting an inheritance are spelled out in the Civil Code of the Russian Federation.

In addition, some points regarding inheritance are contained in the Tax Code of Russia. For example, it contains information about the amount of fees paid for certain actions performed by a notary in the process of registering an inheritance.

Entry into inheritance after death without a will, according to the law, order, terms, documents | Legal Advice

Last updated February 2023

Article 1111 of the Civil Code of the Russian Federation makes it possible to enter into an inheritance according to the law in the absence of a will. Unlike cases of receiving property in the presence of a written will of the deceased, there is no clearly defined list of heirs (by family name). Receipt of inheritance according to the law is carried out in order of priority.

Heirs by law have the right to inherit in a strictly defined order.
The closest relatives of the deceased go first, namely:

• spouse;
• parents/adoptive parents;
• children;
• grandchildren - by special right, by right of representation

If there are no heirs of the first stage (or they refused), the heirs of the next stage (second) are called upon. The same applies to calling all subsequent queues.

By the way, if the representatives of the line that is called up are unworthy, then they are deprived of their right.

This fact must be certified by a court decision, that is, only the court has the right to declare the heir unworthy.

An unworthy heir may be recognized if illegal, deliberate actions have been committed against the testator or against other heirs. Also considered unworthy, for example, are parents who claim an inheritance after the death of their child if they have for a long time and maliciously evaded their (parental) responsibilities.

The queues following the first, closest in relationship, distribute relatives in the following order:

• The second is the brothers (sisters), grandmother and (or) grandfather of the deceased;
• The third is uncles/aunts (sisters/brothers of parents, cousins ​​of the owner of the property);
• The fourth line is represented by relatives of the third generation - great-grandfathers, great-grandmothers;
• Fifth - fourth, cousins, siblings of the testator's grandparents;
• The sixth - blood relatives of the fifth generation, great-great-grandchildren, cousins-nephews;
• The seventh line of inheritance stands apart. The difference between the latter and the previous ones is that there is no blood connection (including through adoption). Representatives of the seventh line: stepfather, stepmother, stepsons, stepdaughters of the deceased.

In addition to the described seven lines of inheritance, there are persons who receive a guaranteed share in the inheritance - disabled dependents of the deceased. The main condition for this is the fact of being supported for the last year, but not necessarily living together with the testator (see compulsory right in inheritance).

If there are no applicants in any queue

If there are no applicants in any line called for inheritance, the heirs take over, so to speak, “by nomination.”

These are the descendants of an heir (of one order or another) who died before the testator or at the same time as him. That is, if he were alive, he would have inherited. Inheritance by will is not taken into account here.

That is, the submission to the will does not apply only to the priority according to the law.

Example : the testator had a son who died a year before the testator. This son had a daughter - the granddaughter of the testator. After the death of the testator, the testator's spouse (in the first order) and granddaughter (in the first order) entered into the inheritance in equal shares. If the testator's son had been alive, the granddaughter would not have entered into the inheritance.

In other words, heirs by appointment are, as it were, persons in place of the heir who died by the time the inheritance was opened. According to representation, heirs come in only three orders:

• first priority: grandchildren;
• second priority: nephews and nieces;
• third line: cousins.

“Representatives” have an advantage over ordinary heirs of a lower order. But, if the deceased heir (in whose place the children inherit) was deprived or removed from the inheritance, then the children - “representatives” - are also deprived of the inheritance.

Example : The testator had a brother. After death, the grandchildren of the testator (children of the deceased, for example, a daughter) were involved in the inheritance. It turns out that the grandchildren are heirs according to the first priority. They will inherit all the property. The brother (the heir of the second stage) will not enter into the inheritance.

When entering into an inheritance without a will, the following features must be taken into account:

All “representatives” inherit the share of the heir in whose place they entered into the inheritance in equal shares among themselves

Example : an apartment was left as an inheritance. The heirs of the first stage are the testator's wife, the testator's mother and three grandchildren (on behalf of the father - the deceased son of the testator). The apartment will be divided into the following shares: 1/3 for the wife, 1/3 for the mother and 1/9 for each of the three grandchildren.

• a document confirming the relationship of the deceased parent with the testator (for example, the birth certificate of the deceased father);
• parent's death certificate;
• your birth certificate as proof of your relationship with the deceased parent.

Spouse's share

If the spouse of the testator enters into the inheritance, then before distributing the property among the heirs, a “spousal allocation of the share” must be made. That is, the surviving spouse first receives his share of the joint property acquired during the marriage, and the remainder becomes the estate.

Example : the testator and his spouse had joint property: an apartment and a dacha. The testator had a son. Before issuing the inheritance to the spouse, ½ of the apartment and dacha is determined as her non-inherited share. And the remaining ½ of the apartment and ½ of the dacha is divided between the son and wife of the testator. As a result, the wife will have ¾ of the apartment and the dacha, and the son will have ¼ of the apartment and ¼ of the dacha.

No legal proceedings are required to allocate the marital share. If it is clear from the documents on the property that it was acquired or created during the marriage, then the notary independently “cleanses” the inherited property from the marital share. If difficulties arise, the issue is resolved in court.

When a child is adopted, a family relationship arises with the adoptive parent (as, for example, between father and son). In this case, biological parents lose their hereditary connection with their offspring. Thus it turns out that:

• an adopted child can inherit only from the adoptive parent, but from the parent who gave birth to him and other relatives there is no such parent;
• and vice versa, the adoptive parent can inherit the property of the adopted child, but the physiological parent cannot.

Example: The biological father renounced parental rights and the child was adopted by a stranger. After the death of the biological father, the son cannot claim any share of his property.

However, there are exceptions. If family relationships are maintained with one of the parents.

Example : A woman alone adopts a child. According to the court's decision, the connection between father and child is not lost, even though he lives with another mother in another place. After the death of the mother, the adopted child has the right to inherit from her. Likewise, he will have the right to inherit from his adoptive mother.

Collecting documents

Even if you are entitled to property after the death of a relative, then in order to fully own it you need to accept the inheritance. The inheritance is accepted in its entirety, that is, refusal of part of the inheritance is prohibited. Thus, obligations (possibly debts), and not just rights, are inherited.

The deadline for entering into an inheritance by law is identical to accepting an inheritance under a will - six months from the date of its opening (from the date of death of the testator).

During this period, you must contact a notary at the place of residence of the deceased.

The question immediately arises of how the date of opening of an inheritance or will is determined. This is the day of the testator's death . Provided that the day of death has not been established, for example, in the case of being declared dead, the day of such a court decision.

• handwritten statement;
• death certificate;
• an extract from the house register of the deceased;
• papers confirming your relationship;
• information about other heirs (known to you);
• papers for the property you inherit.

The most common inherited property is an apartment. So, you need to submit the following to the notary for your apartment:

• title documents;
• extract from Rosreestr;
• documents from the management company.

Title documents include those papers on the basis of which the deceased owned the apartment. This could be: a court decision, a purchase and sale agreement, an annuity, etc. From Rosreestr and BTI you need to obtain: a certificate of book value, plan and explication of the apartment. At the housing office, order an extract from the house register and a copy of your personal account.

Remember that you only have six months from the date of death of the deceased to collect the entire package of documents and contact a notary. You must submit your application:

• personally;
• through a proxy;
• via postal service.

The most optimal is the first option. But it happens that it is impossible to personally contact a notary, for example, if the notary is located in another region of Russia.

If you contact a notary through a representative, your authorized representative must have a notarized power of attorney to represent interests.

And if you send an application with documents by mail, all copies and your signature on the application must be certified by a local notary.

I'm late, what should I do?

The law gives heirs six months to collect documents and submit an application to a notary. However, there are exceptions. So, the period of 6 months is extended if you received the right after:

• refusal of another heir;
• non-acceptance of inheritance by another person.

In the first option, the period for you to enter into the inheritance is six months from the date of refusal, and in the second - three months from the date of completion of the six-month period from the date of death of the testator.

But, if the deadline is missed and you do not fall into these categories, then you can settle the issue out of court. To do this, you must agree with all heirs to include you in the number of heirs.

If the property was not inherited by anyone (the only heir missed the deadline), then it was declared escheat and became the property of the Russian Federation or municipalities.

In this case, it is inevitable to go to court to restore the deadline for entering into inheritance.

The algorithm for restoring your rights in an inheritance without a will (if there are no disputes) is as follows.

• Obtaining verbal consent of all heirs (optional, but desirable).
• Drawing up and notarization of the written consent of the heirs.
• Redistribution of shares in the inheritance mass by a notary.
• Cancellation of certificates of inheritance that were previously issued.
• Registration of new certificates of inheritance rights.
• Re-registration of information in state registers (if data has been entered).

The out-of-court procedure for settling a missed deadline is rarely used in practice.

The reason for this is that often such changes lead to a decrease in the shares received by the heirs or completely deprive them of the right to inherit.

When going to court, you must file a claim. The current heirs must be designated as defendants in the case. There are only two reasons for filing such an application:

• the heir did not know about the inheritance;
• the deadline was missed for a valid reason.

Valid reasons that will be accepted in court are a serious illness, circumstances that created a state of helplessness for the heir, illiteracy and, as a consequence, an obstacle to receiving an inheritance.

Grounds based on ignorance of legislative norms will not be recognized in court.

The law provides a restoration period of 6 months from the date of receipt of information about the inheritance, or the elimination of the circumstances that hindered it.

Received an inheritance - pay the state fee

Receiving an inheritance means acquiring equal rights and obligations. One of the main responsibilities of a Russian citizen is paying taxes. Thus, the Tax Code of the Russian Federation (clause 22 of Article 333.24) determines that the state duty when entering into an inheritance is different. The general procedure states that if a certificate is issued to heirs of the 1st and 2nd stages, namely:

• To the children, parents, spouse and brothers (sisters) of the deceased, they are required to transfer 0.3% of the value of the inheritance received, but not more than 100,000 rubles (see assessment of the value of a car for inheritance).
• All other heirs - 0.6% of the value of the property, and the upper threshold for them is 1 million rubles.

However, for persons specified by law there are benefits for paying state fees. Thus, persons inheriting:

• apartment (house), if you lived in it with the deceased together;
• property of those killed in the performance of public duty, including victims of political repression;
• bank deposits, pension payments, amounts of intellectual remuneration;
• insurance payments due to the death of the deceased due to an industrial accident.

Also, minors and incapacitated heirs do not pay the fee. Disabled people of the first and second groups have a benefit - 50% of the amount of the state duty.

Ordinartsev Roman Valerievich

Inheriting an apartment

The process of entering into an inheritance is complicated by a number of features and nuances that must be taken into account. First of all, you should understand when inheritance opens .

Then, when the moment of opening the inheritance has occurred, the heirs should decide in what order it is necessary to accept (register) the property of the deceased - according to the law and according to the will .

Each of them has its own characteristic features and stages.

According to the law, the period for entering into an inheritance is six months from its opening. But if there are good reasons, it can be restored by a court decision.

As with any other procedure for transferring property, to register an inherited apartment, a certain package of documents , which is provided to the notary along with an application for a certificate of inheritance (hereinafter referred to as the certificate). After paying the state fee and the expiration of six months, the notary issues the specified certificate.

Having entered into an inheritance, the heir needs to apply to Rosreestr to register the right to the apartment, providing the necessary documents and paying the state fee. The two above-mentioned state fees are the main expenses of the heir when receiving inherited property.

Time to open inheritance

According to the general rule established by Art. 1114 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the time of opening of the inheritance is recognized as the moment of death of the testator. However, there are some features that are associated, first of all, with the impossibility of accurately establishing the moment of death of a citizen:

• if a citizen is declared dead by a court decision - from the moment such a decision enters into legal force;
• in the case of recognizing the date of death of the presumed day of death - the day and moment of death, which are established by a court decision.

The Civil Code of the Russian Federation contains a provision according to which citizens are considered to have died at the same time if they died on the same day , that is, they do not inherit from each other. This provision is established for the purposes of hereditary succession . The norm in question applies if it is impossible to specifically determine the moment of death of each of them.

In this situation, the heirs of the deceased separately to inherit.

After the death of a citizen and the opening of an inheritance, the stage of its acceptance by the heirs follows. That is, acceptance of an inheritance is the transfer of the testator’s property to his heirs. In general, inheritance is passed on in two ways:

This list is clearly established by civil law, that is, no other methods of inheritance are provided .

To accept the inheritance, the heir needs to perform a number of actions .

The first of these will be the heir filing an application to accept the inheritance, or to issue a certificate to the notary at the place where the inheritance was opened.

If the application is not submitted in person, but is transferred by another person or sent by mail, then the heir’s signature must be notarized .

In addition, the heir accepted the inheritance (if there is no evidence to the contrary) if he performs actions indicating his acceptance of the inheritance in fact. Such actions can be expressed as follows:

• began to manage or own inherited property;
• took measures to protect and preserve such property;
• incurred expenses aimed at maintaining the property;
• received the testator's funds due to him or paid the testator's debts.

In law

Methods of inheritance differ primarily in the circle of persons who act as heirs. According to ch. 63 of the Civil Code of the Russian Federation, when inheriting by law (if the testator does not have a will), queues are established. The heirs of the first stage are:

• children of the testator;
• spouse of the testator;
• his parents.

The second line includes:

• brothers and sister (full and half-blood);
• grandparents (both on the father's and mother's sides).

The third line consists of full and half brothers and sisters of the testator’s parents (that is, his aunts and uncles).

Further queues (fourth, fifth, sixth) correspond to the degrees of relationship - third, fourth and fifth, respectively (according to Article 1145 of the Civil Code of the Russian Federation).

The absence of all heirs of the first stage means the transfer of the right of inheritance to the second stage and beyond.

Only the above-mentioned persons have the right to contact a notary with an application for acceptance of the inheritance (issuance of a certificate).

By will

A citizen can dispose of his property after death in only one way - by making a will . In this document, the testator has the right to indicate any persons without explaining the reasons for including a particular person in the will (Article 1119 of the Civil Code of the Russian Federation).

In this case, persons claiming inheritance are strictly limited by the text of the will.

According to Art. 1154 of the Civil Code of the Russian Federation, the general period for accepting an inheritance is six months from the date of opening of the inheritance.

It is important to remember the specifics of the moment of opening the inheritance. If the right to inheritance arises in connection with the heir’s refusal of the inheritance, or for other reasons (Article 1117 of the Civil Code of the Russian Federation) he does not inherit the property, then the period is calculated from the moment such a right arises and is six months.

If such a right arose only due to the failure of other heirs to accept the inheritance within the prescribed period, then the inheritance can be accepted within three months after the expiration of the six-month period.

Example

Nikolaev S.A. was the only heir of the first stage. Within the period established by civil law, he did not accept the property that was transferred to him by law. Therefore, Larkova N.N. the right arose to accept the inheritance due to the fact that she is the heir of the second stage, and there were no other heirs of the first stage, except for Nikolaev, who did not accept the inheritance.

In connection with these circumstances, Larkova contacted the notary’s office with a corresponding application and entered into an inheritance of the property of the testator transferred by law.

What to do if the deadline for entering into inheritance is missed

There are a number of circumstances that could prevent the heir from accepting the inheritance. Some of them serve as the basis for reinstating the missed deadline.

Thus, the court has the right to restore the missed deadline if the heir did not know and should not have known about the opened inheritance. The court may accept other reasons for missing a deadline as valid.

There is a condition according to which an application for restoration of the deadline must be submitted within six months after the reasons for missing the deadline have ceased. In this case, the court determines the shares of the heirs and measures to protect their rights.

Clause 2 Art. 1155 of the Civil Code of the Russian Federation provides for the acceptance of an inheritance after the period established by civil law and without a court decision. This requires the written consent of all heirs.

It is given in the presence of a notary, or the signature under such consent must be witnessed by a notary or persons authorized to do so.

After receiving consent, the notary cancels previously issued certificates and issues new ones.

When registering the right to an apartment with the competent authority, the newly issued certificate (together with the previously issued one) serves as the basis for registering the transfer of the right to such property.

List of documents for inheriting an apartment

To enter into an inheritance, you need to collect a certain package of documents. Regardless of what property is inherited, the following documents :

• death certificate (or court decision in cases established by law);
• a certificate from the testator’s last place of residence (extract from the house register or apartment card);
• documents confirming relationship (in case of inheritance by law, for example, marriage or birth certificate);
• will (in case of inheritance under a will);
• passport.

When inheriting an apartment, in addition to the above documents, you must provide the following documents:

• title documents for the apartment;
• documents confirming the absence of debt on utility bills;
• certificate from the BTI.

The listed documents are sufficient to inherit an apartment.

However, in cases established by law, a notary may require the provision of additional documents not included in the above list.

Without a certificate, further registration of rights to real estate received as an inheritance is impossible. To do this, you need to contact a notary with an application to issue a certificate (Article 1153 of the Civil Code of the Russian Federation).

This application must include the following information:

• Full name of the testator and heir;
• moment of death and last place of residence of the testator;
• basis of inheritance (by law or by will);
• date of application, signature.

information about other heirs , the composition and location of the inherited property may be indicated

The application is submitted within six months from the date of death of the testator.

After submitting the application, you must prepare and provide the notary with the necessary documents (their list may be indicated by the notary when submitting the application). For the issuance of a certificate by a notary, you must pay a state fee . In this case, a receipt for payment is attached to the general package of documents.

The certificate is issued by a notary after six months from the date of death of the testator. The legislation provides for the issuance of a certificate earlier than the specified period , however, the condition specified in paragraph 2 of Art. 1163 of the Civil Code of the Russian Federation - the presence of reliable information that there are no other heirs .

In general, notaries rarely issue a certificate before the deadline established by law.

Registration of ownership of an apartment after inheritance

After receiving the certificate, you must contact Rosreestr with an application to register the right to the inherited apartment. To do this you must provide:

1. identification document;
2. certificate of inheritance;
3. Other documents that were provided to the notary to obtain a certificate;
4. Receipt for payment of state duty.

Rosreestr reviews the application and, if the decision is positive, makes an entry in the Unified State Register of Real Estate, which notifies the applicant .

Registration of real estate in the name of the new owner occurs within 3 working days when contacting the registration authority directly, and 5 working days through the MFC (clauses 9, 10, article 16 of the Federal Law of July 13, 2015 No. 218-FZ “On State registration of real estate").

How much does it cost to inherit an apartment?

The heir will have to bear the first costs when collecting documents that must be provided to the notary to obtain a certificate. The cost of certificates varies from region to region, but in general their cost is not significant . The largest cost for the heir will be the payment of the state fee for issuing the certificate .

In accordance with paragraphs. 22 clause 1 art. 333.24 of the Tax Code of the Russian Federation (TC RF), the following fee is charged for the issuance of a certificate (both by law and by will):

• children, spouses, parents, full brothers and sisters of the testator - 0.3% of the value of the property, but not more than 100 thousand rubles ;
• other heirs - 0.6% of the value of the property, but not more than 1 million rubles .

Next, ownership of the real estate is registered with the registration authority (Rosreestr). For such a procedure, a fee is also charged, which is established by paragraphs. 22 clause 1 art. 333.33 Tax Code of the Russian Federation:

• for individuals - 2,000 rubles;
• for legal entities - 22,000 rubles.

Conclusion

The process of registering an apartment as an inheritance occurs in several stages. First of all, the right of inheritance itself arises (upon the opening of an inheritance, that is, the death of the testator).

After this, within six months, the heir submits an application to the notary for the issuance of a certificate, and also attaches the necessary documents (including paying the fee).

After six months, the notary issues a certificate.

However, the process of registering an apartment does not end there; you must also contact Rosreestr to register the right to the apartment.

After Rosreestr has reviewed the application, made an entry in the register and issued the corresponding document to the applicant, the procedure for registering an apartment as an inheritance is completed.

State fee for registering an inheritance with a notary

I am an heir under a will. My wife bequeathed to me an apartment in which we lived together. How much state duty should I pay to the notary for issuing a certificate of title to an apartment? Will the duty increase due to the fact that I inherit property not by law, but by will? According to paragraphs. 22 clause 1 art. 333.24 of the Tax Code of the Russian Federation You need to pay a state fee in the amount of 0.3% of the cost of the apartment, regardless of inheritance by law or will.

How to enter into an inheritance without unnecessary problems

Receiving an inheritance is a troublesome matter. You need to know how to correctly draw up the necessary documents and other subtleties.

• At the request of RG readers, we decided to answer the questions that future heirs most often ask lawyers.
• Accept or think
• There are several ways to accept an inheritance.

The first is to submit an application to the notary at the place of opening of the inheritance. An inheritance can be accepted not personally, but through a representative, but he must have a power of attorney for this. A power of attorney is not required for a legal representative.

The second is the commission of so-called conclusive actions - activities indicating that the person actually intends to accept the inheritance. What are these actions?

Taking possession of inherited property. Taking measures to preserve it. Pay the costs of maintaining the property. Pay off the debts of the testator at your own expense. Receiving payment from the testator's debtors.

Performing at least one of these actions in relation to at least one thing or right included in the inheritance property within 6 months from the date of opening of the inheritance will mean that the heir has accepted the entire inheritance.

Important: acceptance of the inheritance by one heir does not mean that the other heirs also accepted the inheritance.

The heir, having received a message about the opening of the inheritance, must inform all heirs about it. In the future, all expenses fall on the shoulders of the heirs.

When should I take it?

A certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance. It is possible earlier if there is reliable information about the absence of other heirs. The reliability of such data is assessed by a notary.

The general period for accepting an inheritance is 6 months, which is counted from the date of opening of the inheritance.

There is one exception to this rule: when the court, in a decision to declare a citizen dead, recognizes the day of the citizen’s death as the day of his alleged death, for example, if a person went missing under circumstances that threatened death - in a plane crash, earthquake, flood. In this case, the 6-month period is counted from the day recognized as the day of death - this will be the day the court decision enters into legal force. Therefore, 6 months will be calculated from this date.

If the heirs for various reasons do not accept the inheritance (they die before accepting the inheritance, do not declare their desire, refuse), in these cases the right to accept the inheritance passes to other heirs.

What to do if the deadline is missed?

The pass does not extinguish the right to accept the inheritance. What should those who miss the six-month deadline do? Do not panic. After all, the law establishes two possibilities for restoring or extending this period.

Firstly, the heir can apply to the court to establish the fact of acceptance of the inheritance. To win the case, he must provide the court with evidence that within six months he has taken actions to actually take possession of the inherited property (such evidence may be documents confirming the payment of taxes or other payments).

1. Secondly, if evidence is tight, you can ask the court to restore the deadline for accepting the inheritance.
2. The court can make a decision on this provided that the heir did not know and should not have known about the opening of the inheritance (about the death of the testator).
3. Or he still knew, but for good reasons he could not accept the inheritance on time.
4. A prerequisite for restoration is that the heir who missed the deadline went to court within six months after the reasons for missing the deadline disappeared (for example, after he learned about the death of the testator, or after he left the hospital or returned from a long business trip).
5. What documents are needed?
6. The main one is an application to a notary at the place of opening of the inheritance (that is, at the last permanent place of residence of the testator), and if it is unknown, at the location of the inherited property or its main part.
7. The application must be accompanied by: passport; death certificate; a certificate stating that on the day of death the testator lived at such and such an address; documents confirming ownership of property; documents confirming relationship; certificate of property value; floor plan, explication; a copy of the financial and personal account; extract from the house register; a certificate from the tax office confirming that there is no real estate tax debt; certificate of absence of debt for utility bills.
8. Based on these documents, the notary opens an inheritance case and issues a certificate six months later.
9. What is a “mandatory share”?
10. The testator himself has the right to determine what property and to whom he will leave - his relative or a stranger.

Freedom of testament can only be limited in relation to the so-called “obligatory share”. This means that minor and disabled children, disabled spouse, parents or disabled dependents inherit regardless of what is written in the will.

And this is no less than half the share that would be due to each of them upon inheritance by law.

In other words, even if the testator decided to leave all his property to whoever he wants to see as the happy owner of his “riches,” the old and young will still have at least a small part of the inherited property.

• a comment
• Maria Sazonova , President of the Federal Notary Chamber:
• — The law defines inheritance as a complex of things and other property belonging to the testator on the day of opening of the inheritance, including property rights and obligations.

In Russia, registration of inheritance rights is the prerogative of the notarial sphere. A notary is a specialist empowered by the state to act as a guarantor of your rights without resorting to judicial authorities.

When visiting a notary, you should already decide on your position - whether you will accept the inheritance or refuse.

Rules for receiving an inheritance: where and when to apply, what documents to collect, how much you need to pay and what to do if the deadline has expired?

One of the most important tasks of an heir is opening an inheritance with a notary. If the procedure is carried out correctly, the testator’s close people will have the opportunity to formalize the legal status of the property.

Time and place of opening of inheritance with a notary

After the death of a loved one, relatives have the right to inherit all property belonging to him, in respect of which the testator had registered ownership. The hereditary mass includes:

• Movable property , which includes vehicles, personal belongings, money, etc.
• Real estate. The rights to own any real estate, land plots, etc. are inherited.
• Money and valuables. Also, the heirs have the right to claim the securities deposits of the deceased, etc.
• Rights and obligations. Heirs have the right to receive debts from third parties.

On a note. The most common way to enter into an inheritance is to contact a notary. According to Article 1113 of the Civil Code of the Russian Federation, the opening of an inheritance is possible immediately after the death of the testator.

Time

An inheritance can be opened if the following circumstances arise:

1. Death of the testator.
2. After a court decision declaring a citizen dead has entered into force.

If actual death is declared

According to the general provisions of paragraph 1 of Article 1114 of the Civil Code of the Russian Federation, the day of opening of the inheritance is recognized as the day of the actual death of the testator.

After a citizen is declared dead, the medical institution issues a certificate in the form established by law and the death is registered with government agencies. The date indicated in the received certificate is the start date for calculating the period for accepting the inherited property.

If clinical death is established

To ascertain death, a number of biological indicators are used as evidence, which indicate irreversible changes in the human body.

Reference. The state of clinical death, as well as artificial life support with the help of specialized equipment, is not recognized as death.

Based on the provisions of Federal Law No. 323 “On the fundamentals of protecting the health of citizens in the Russian Federation” dated November 21, 2011, the fact of a person’s death is recognized only after the occurrence of brain death. Only an employee of a medical institution has the right to ascertain this condition.

If the testator is considered missing

If a citizen goes missing, or the date of death has not been established for some reason, the court can establish the date of death and recognize the citizen as deceased. The date of opening of the inheritance case will be the date of entry into force of the decision of the judicial authority.

According to Article 45 of the Civil Code of the Russian Federation, a court can recognize a person as dead in the following cases:

• If there is no information about the citizen’s location for the last 5 years.
• If the loss was associated with risk, the waiting period for news is reduced to 6 months.
• The serviceman will be declared dead no earlier than 2 years after the end of hostilities.

Any interested person has the right to file a claim in court to declare a citizen dead.

Important! In the event that the location of a citizen recognized as deceased is established, the property transferred by inheritance can be returned to the testator.

Place

By registration

According to the legislative norms of the Russian Federation, the place of opening of the inheritance is the address of the last residence of the deceased. If for some reason the place of residence cannot be established, the dispute can be resolved by the court. The evidence base in this situation will be the available documentation and testimony of witnesses.

Place of last residence can be confirmed by the following documents:

• A certificate issued by the management company.
• A certificate issued by the local administration.
• A certificate from the deceased’s place of work indicating information about his place of residence.
• An extract from the house register (form No. 9).
• A certificate issued by the military registration and enlistment office.
• A court ruling establishing the place of opening the inheritance case.

By property location

If it is not possible to determine the place of residence, the discovery will be made according to the principle of the actual location of the inherited property.

According to the provisions of Article 1115 of the Civil Code of the Russian Federation, in the case when the property included in the inheritance mass is located in different municipalities, the case is transferred to the notary on whose territory the real estate of the deceased is located.

Reference. If the testator did not have rights to real estate, the inheritance will be opened at the location of the most valuable inheritance share.

Procedure

Where to contact?

According to Article 1113 of the Civil Code of the Russian Federation, the opening of an inheritance is carried out by a notary:

• According to the place of last residence of the deceased.
• At the actual location of the deceased citizen’s real estate.
• According to the notary's role in serving the public.

Required documents

All documents provided to the notary must comply with the provisions of Article 45 of the Fundamentals of Legislation on Notaries. The presence of blots, corrections, damage, etc. is unacceptable.

The list of required documents is not established at the legislative level; the notary has the right to request the necessary papers depending on the specific situation.

The general list of documents includes:

• Application of the established form for acceptance of inheritance and issuance of a certificate of inheritance.
• The original death certificate of the testator and its copy.
• Documents confirming the family ties of the heir and testator.
• Documents confirming the place of last residence of the deceased.
• Civil passport of the heir (original and copy).
• A will, if one has been drawn up (original and copy).
• Documents evidencing the location of the inherited property.
• Documentation confirming the rights of the deceased to property included in the estate.

Statement

An application for opening an inheritance, in accordance with the provisions of Article 62 of the Fundamentals of Notary Legislation, is drawn up in simple written form and must necessarily contain the following data:

1. Information about the notary to whom the application is addressed.
2. Personal data of the heir and testator.
3. Grounds for accepting inheritance.
4. Information about the last place of residence of the testator.
5. An indication of the heir's desire to take over.
6. Information about other legal heirs.
7. Information about the composition of the inheritance mass and the location of the property.
8. Date of application.
9. Heir's signature.

Opening a case

The case can be opened only after the actual opening of the inheritance. At the same time, a notary cannot open 2 or more cases for one open inheritance. If proceedings are opened by different heirs in different municipalities, after establishing this fact, all cases opened in violation of priority must be transferred to an authorized notary.

Important! The basis for opening office work is the fact that the notary has received the first document on the opening of the inheritance.

Opening a case by a notary involves:

• Accounting and processing of documents, statements and other documentation provided by heirs.
• Notification of all interested citizens about the actual opening of the inheritance.
• Requesting the necessary documents to conduct the case.
• Issuance of certificates of inheritance rights.
• Making changes to already issued certificates and canceling them.

How much do you need to pay?

According to Article 1113 of the Civil Code of the Russian Federation, the fact of opening an inheritance is not accompanied by the payment of contributions to the budget, since its occurrence is initiated by the death of the testator. Further cost of the procedure will include:

• Payment of the state fee for issuing a certificate of inheritance. According to paragraph 22 of Article 333.25 of the Tax Code of the Russian Federation, its size directly depends on the degree of family ties between the heirs and the deceased. If the heir and testator are close relatives, the amount of the duty will be 0.3% of the value of the inherited property. For all other categories the fee will be 0.6%.
• The cost of legal and technical services provided by a notary. The specialist has the right to charge fees for filing applications, copying, etc.
• Fee for the assessment of inherited property. Its design is carried out by private experts, so the cost can vary significantly.

Meaning

The fact of the death of the testator and the subsequent opening of the inheritance determines the emergence of a special property state.

A feature of the opening of an inheritance is the transition of all the rights and obligations of the testator into the state of a general inheritance mass, subject to transfer to his legal successors.

Reference. The fact of opening an inheritance is an event of primary importance for succession and is the only possible basis for changing the legal holder of property included in the inheritance mass.

Acceptance of inheritance

In fact, acceptance of an inheritance is a unilateral volitional action of the person called to inherit, aimed at acquiring the inheritance due to him by law. The procedure takes place in accordance with the procedure established by law in strictly designated lines.

Heirs can assume their rights by law or by will. The circle of possible heirs is indicated in Article 1116 of the Civil Code of the Russian Federation.

Statement

An application indicating the heir’s desire to assume his rights is drawn up in simple written form and must contain the following data:

1. Personal data of the notary who opened the office.
2. Passport details of the heir.
3. Grounds for inheritance.
4. Personal data of the testator.
5. Date of death of the testator.
6. An indication of the desire to accept an inheritance.
7. List of possible heirs by will and law.
8. Inventory of inherited property.
9. Date of preparation of the document and signature of the applicant.

According to the provisions of Russian legislation, the application of a potential heir can be certified by:

• Notary.
• Representatives of local administration.
• Consular officers.
• Commanders of military units.

Deadlines

The general period for accepting an inheritance, in accordance with Article 1154 of the Civil Code of the Russian Federation, is 6 calendar months. It can be calculated:

• From the day of the citizen's death.
• From the date of entry into force of the court decision.
• From the date specified in the court decision.

The law also provides for special deadlines. They are additional and can be:

The beginning of these periods is influenced by:

• Refusal of the direct heir to accept the inheritance. In such a situation, the countdown will begin from the moment the waiver is signed.
• If the main heir was found unworthy - from the day the decision of the judicial authority entered into force.
• If the main heir is declared dead - from the moment of his death.

What to do if the deadline has expired?

If for some reason the heirs do not express their desire to accept the inheritance within the established time limits, they are not deprived of the right to inherit, but they will have to seek restoration of the terms.

You can restore rights in the following ways:

1. Having received the consent of all citizens who accepted the inheritance.
2. By filing a statement of claim in court demanding the restoration of the terms of inheritance.

At the same time, the applicant for the inheritance, applying for the restoration of the deadlines, is obliged to prove the weight of the reason for his inaction.

The period may be extended in the following cases:

• If the heir did not know about the death of the testator.
• If the heir did not know about the existence of a will drawn up in his favor.
• If the reasons for absence were valid - illness, stay abroad, looking after relatives requiring care, etc.
• If other heirs do not object to the return of the right to inheritance.

Opening an inheritance is the primary task of the heirs to start the complex inheritance process. All further actions of interested parties will depend on this action, which is the beginning of the procedure.

Useful video

We invite you to watch a video with explanations from a lawyer about how to enter into an inheritance after the death of the testator: