Post-mortality dates...........................................................................................................

The death of parents is painful. If parents die one time or the last of them die, children automatically inherit by law, first of all, and they have a responsible inheritance process.

Succession after the death of the father or mother

And if you make a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest.

In order to obtain the inheritance and the right to it, the notary should be provided with documents:

• The death certificate of the parents (or later deceased);
• The recent residence certificate of the parent;
• Children ' s passports, if they are heirs and apply to a notary;
• A certificate of the birth of the heirs, each of whom presents his or her own, it is proof that he or she has a relationship with the he or she; and if the deceased parent has made a will, the certificate is binding.
• A certificate of all residents living with the heir;
• Other documents specific to the processing of assets of various types.

The inheritance after the parents ' death may occur in a de facto manner, which requires that the heirs begin to use, dispose of, defend property, pay running expenses, etc.

Succession process

The registration of property after the death of the parents involves the acceptance of all property left without the owner; it may include anything owned by the heir and not contrary to the law; the acceptance of the inheritance may be:

• If the last of the deceased parents has not made a will, inheritance shall take place according to the Criminal Code of the Russian Federation;
• If a will has been made, it is considered to be a priority in the matter of inheritance; it may include relatives and/or completely outsiders.

Regardless of the method of inheritance, the heir must:

1. Go to the notary to open an inheritance case.
2. Write an inheritance application.
3. Gather the necessary documents.
4. To submit the papers to the notary for consideration.
5. Payment of State duty if necessary, inheritance tax and other expenses.
6. Get a certificate of inheritance.

Certain types of property inherited after the parents ' death require State registration of the right to them.

Cost of processing the inheritance after the death of the parents

The registration of property after the parents ' death will cost children a certain amount of money; it consists of several payments, but not all of them are mandatory.

The only compulsory payment, regardless of the type of inheritance, is a State duty; for the children of deceased parents, it is 0.3% of the value of the inheritance property.

The total amount of the duty in such a case may not exceed Rs. 100,000.

In addition to the duty, the heirs will have to pay for the work of a notary, a lawyer and a lawyer, if any, who provided additional services.

Time frame for the collection of the inheritance

Any legal action and process has a time limit for its execution; the acceptance of the property must be within six months of the death of the testator.

In order not to miss the starting point, it must be borne in mind that the date of death of the testator is:

• The date indicated in the death certificate;
• The date indicated as the date recognized by the court as the date of death of the person.

It is better not to miss a six-month period, as such a pass entails a different, more complex succession.

If the deadline is missed

However, it is often not possible to accept property on time, which does not mean that the heir loses the right to receive a bequest or a legal transfer upon the death of the parents.

It is not for the notary to make an application, but for the court to make a request for renewal of the period, and it is for the heir to prove that the reason for the delay is indeed valid.

This can only be done by presenting the relevant documents to the court or by the testimony of witnesses.

It is necessary not later than three years after the elimination of the reasons for the failure to do so in time to apply to the court for the acceptance of the inheritance after the expiry of the deadline.

If you do not know your right, you will inherit within three years.

This means that you can inherit in 20 years and longer.

After the death of the parents, the children have the primary right to inherit under the law, and it is necessary to collect certain papers and, preferably, not to miss the deadline; if so, to restore the loss only through a court of law.

Date of succession after death

The duration of the inheritance is defined as the time period following the death of the heir, after which the relatives or other applicants for the deceased ' s property may assume their rights.

After the expiration of the six-month period, the heir has the option to dispose of property and real estate at his discretion.

A citizen can change his or her ownership, sell, give, lease.

What is the duration of the inheritance after death?

According to article 1154, paragraph 1, of the Russian Civil Code, the duration of this period is six months, which generally starts to flow after the heir has died; this date is usually included in the death certificate.

There are special cases in which the period is calculated:

• If the person has been declared dead by the court, the period shall run from the date on which the relevant court decision enters into force;
• If a person can claim the deceased ' s assets only after the other heirs have been denied or removed, the person ' s right to exercise his or her rights arises from the moment that the other applicants have been deprived of those rights;
• If a person can claim the deceased ' s property only after the other heirs have not accepted the assets, this period shall be three months from the end of the six-month period.

By will

The legislation of the Russian Federation does not establish a specific period of time for inheritance under the law and on will; in any event, there is a rule that sets a six-month period for inheritance.

Since not only the deceased ' s estate but also his debts were passed by in the opinion of the legislator, this period was sufficient for creditors to be able to sue the deceased ' s family.

Passage of entry date

The consequences of missing this period are not explicitly stated in the rules of the Criminal Code of the Russian Federation, but, as a general rule, the missing citizen cannot claim the deceased ' s assets; he will be denied a certificate of right to inherit by law or by will.

Remediation arrangements

There are two ways of accepting an inheritance after the expiry of the legal time limit. These methods are described in article 1155 of the Criminal Code of the Russian Federation:

• Out-of-court (conciliation) procedure - in this way the heirs who have entered rights in a timely manner must give their consent that the missing citizen obtains the property due to him;
• In the event that there is no consent between the heirs, the late citizen has the possibility of judicial recognition of the reasons for the delay in the inheritance and of obtaining his or her share in the property.

If the period is missed by the sole heir or all the heirs by law or by will have failed to exercise their legal rights, the restoration of the time limit is possible only through a judicial process.

If the heir is able to take the inheritance out of court, he must take the following actions:

• And if you are in a position to do so, then if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, then you are in a position to do so; and if you are in a position to do so, you are in a position to do so.
• When a new document is issued, the previously issued certificates will be revoked, and if, on the basis of previous succession papers, State registration of real estate rights has been carried out, the new document will be the basis for changes in the State registration record.

In the event that the question of the restoration of the missed deadline is decided by a court, the proceedings will be much more complicated than in the previous case, in which case the dispute between the heirs will be dealt with by a court under the rules of action under the Code of Civil Procedure of the Russian Federation (hereinafter referred to as the Code of Civil Procedure).

In accordance with paragraph 40 of the decision of the Plenum of the Supreme Court of the Russian Federation on judicial practice in inheritance cases, No. 9 of 29 May 2009 (hereinafter referred to as Decision No. 9), in order for the court to find the reasons for the delay in the period of succession to be respected, the following circumstances must occur simultaneously:

• The heir did not know of the death of a relative or missed a period of time for valid reasons, such as a serious illness, a helpless state, long-term travel, stay in places of deprivation of liberty, illiteracy; these circumstances must take place during the entire period established by law for the adoption of the inheritance (art. 205 of the Code of Criminal Procedure).
• The heir shall file a complaint with the court within six months of the termination of the circumstances described above.

In order to restore this temporary period in court, the citizen has to file a statement of claim, which must be filed in accordance with the rules set out in article 131 of the Code of Criminal Procedure of the Russian Federation.

Documents

The claim is usually accompanied by a standard set of documents, i.e. a copy of the claim, a power of attorney if the case is handled by a representative, a receipt of the payment of the State duty.

It is necessary to attach the documents on which the request for restoration of the missed deadline is based.

Such documents may be:

• A copy of the testimonial of the testator ' s death;
• Copies of documents confirming the heir ' s status (birth certificate);
• Refusal of a notary to issue a certificate of right to inherit;
• Documents showing that the reasons for the delay have been respected (hospital certificate, travel card).

The next step is to submit a complaint to the court, which is generally brought in the defendant ' s place of residence (arts. 24, 28 of the Criminal Code of the Russian Federation).

If his place of residence is not known, the document may be submitted either at the place where his property is located or at the last known place of residence (art. 29 of the Code of Criminal Procedure).

If there are more than one heir, the application may be submitted to the place of residence of one of them.

Once the court has ruled, the heir must apply to a notary office to issue a certificate of right to inherit, which will specify the amount of his share; this share is determined by the court at the time of the verdict.

Value

The price of the inheritance includes the State Department for the issue of the certificate and the cost of the notary ' s services; children, including adopted children, spouse, parents, full brothers and sisters of the heir, will have to pay 0.3 per cent of the value of the estate, but not more than 100,000 roubles; other heirs will have a rate of 0.6 per cent but not more than 1,000,000 roubles.

Inheritive cases are complex; the main difficulty is to prove its position and obtain the necessary documents.

We recommend that we approach our lawyers, who will help you build the right strategy for court conduct and defend your rights.

The cost of a lawyer will depend on his qualifications, the complexity of the case and the stage at which you sought assistance.

Date of inheritance

We suggest that we consider the topic: "The duration of the inheritance" with the comments of professionals. We have tried to explain all the languages that are understood and to make the subject fully clear. Pay attention to the article and, if questions arise, you can ask them in the comments or directly to the consultant on duty.

The inheritance of property is a difficult task, especially if the heir has no idea when he is entitled to inherit, but these life circumstances are governed by the rules of Russian civil law (CP, arts. 1154-1155).

Elementary legal literacy must make it necessary for a person to know thatThe legal duration of the inheritance is 6 months.From what point does the time frame begin to count? Let us consider this question.

How can we calculate the date on which the heir will inherit?

Common practice: The date of succession after death (under the current rule) begins to countfrom the day after the death of the human being or from the day after the announcement of the heirs.

Unless the court has determined the date of death of the citizen, the period of receipt of the property shall begin to run on the day following the date on which the judgement of the court is issued, and in the case of a will of the deceased, the period for acceptance of the inheritance shall run from the date of the declaration of the will.

In these cases, the law of the Russian Federation gives the heirs six months to accept the inheritance.

And if the heir inherits a property after the previous heir has not accepted the inheritance for reasons known to him, the counting of the inheritance period shall begin on the following date, after the end of the previous term; and in this case the heir shall be given only three months to inherit.

In some cases, the inheritance is misallocated or unfairly distributed; in such cases, the statute of limitations applies.The statute of limitations shall be three years.Thus, the heir has the full and legal right to appeal to the court to challenge the decision on the distribution of the inheritance within three years after the death of the heir or the decision of the court.

Example!

Is it possible to inherit 15 years after death?

Sergey Nivens/Fotolia

According to counsel, Julia Verbitsky:

Yes, if the inheritance was actually taken over and/or taken possession of it (e.g., living in an inheritance dwelling, paying bills, etc.), the property became dilapidated after six months after the death of the heir and became public property.

Hypothetically, you can try to re-establish this time limit in a court of law if there are valid reasons for doing so — a serious and prolonged illness, a temporary absence for a valid reason, etc. But the likelihood of winning such a case without information on all the legally relevant circumstances is difficult to assess.

Legacy and will

How do you get a share of the apartment after your parents die?

According to Condrat Michaelson's lawyer:

Yes, you can continue to inherit after 15 years, but it depends on what your previous actions with respect to this property or the circumstances that you personally have had to do with you that have prevented you from inheriting.

Of course, if you haven't known for 15 years that you're the heir, and then, in accordance with the procedure prescribed by law, try to re-establish the time limit for the acceptance of the inheritance, the result is almost 100% likely to be the court's refusal to pursue the action, a valid reason for you not knowing the death of the heir for 15 years, or for what, for example, for 15 years, a serious illness has prevented you from applying to a notary, simply will not be found.

It would be easier if you tried to prove and declare that yes, I did not apply to the notary for inheritance within six months of the death of the heir (as required by the law), but I used the property that belonged to the deceased, paid debts for him, guarded his property as his own and repaired it, paid for him, and here you will have every chance of having, after 15 years, a property that you have not settled for so long.

According to counsel, an expert in inheritance law, Svetlan Solomatin:

The first option is if the inheritance is actually accepted, and often the heir actually accepted the inheritance, but he did not turn to the notary.

For example, the surviving spouse, while continuing to use common property, believes that the inheritance is automatically passed to him and that nothing needs to be done.

Or a grandson who has a will thinks that it is enough that the other potential heirs have come to know the will and have not objected to it, and after many years they will know that they are unable to do so.

How can the interests of the spouse and children be taken into account in the will?

What's better, a gift or a will on an apartment?

The second option is that if the date of acceptance of the inheritance is missed, the duration of the inheritance may be restored by the court if it can be proved that the reasons for the pass were valid.

For example, you have been on a long trip or in places of detention, and your relatives have not informed you of the death of your beloved aunt in order not to upset you.

Or when you're looking at the family records, you've found a will in your name from a hundred years ago, which you've heard about from your grandfather, but you haven't been able to find since his death, in which case you have to go to court within six months from the moment you've heard of a potential inheritance.

Of course, it's not a complete list of situations, life is known to be inexhaustible.

The Director-General of the Impuls Law Centre, Oleg Sheriyev, answers:

And if you have missed the term of the inheritance, and your property has not yet passed away, then there is no claim on you from any other relatives.

The notary will safely refuse you because you missed the deadline, and you can apply to the court for this refusal. You will have to prove that you actually accepted the inheritance, but for some incredible circumstances you have not documented everything.

For example, if it's an apartment, you've paid your utilities properly, and you've improved your housing, and if it's a plot of land, you've paid a land tax, and you've taken care of the lawn.

How do you divide the inheritance apartment?

How is the inheritance and sale of the apartment by a non-resident of the Russian Federation going?

The legal adviser to the Secondary Real Estate Department of Est-a-Tet, Yulia Dymov, answers:

You can inherit at any time, and the question is whether someone else joined it and discovered the inheritance case.

A notary may be contacted within six months of death, so if someone has already issued a succession right, an application must be made with the consent of the other heirs.

The notary would then issue other certificates of succession to transfer shares.

Then you just need to go to the notary, bring the death certificate, the family documents, and the joint residence certificate.

Once the notary opened the inheritance case, an application for a certificate of inheritance must be made.

The lawyer, Victoria Dalnichenko, answers:

Under the legislation of the Russian Federation, the total period of acceptance by applicants is six months from the date of the death of the testator or the deceased relative; if 5, 10, 15 years have passed, etc., i.e. the period of succession by the heir has been missed, the amount due should be claimed by re-establishing the period of succession in an out-of-court or judicial manner.

In the first case, the late heir must find all the relatives of the deceased who have already acquired their rights.

In the second case, the late heir must file a claim with the Magistrate ' s Court at the place of residence, and the claim must clearly state the reason why the date of succession has been missed.

This will include, for example, severe illness, imprisonment, long-term travel or residence abroad, concealment of inheritance by other relatives and other valid reasons.

In any event, each circumstance must be supported by appropriate documents or testimony, and it is important to bring the matter before a court not later than six months from the date on which the reason why the applicant did not claim the inheritance ceased to exist.

If the court takes a positive decision, the shares of all the heirs are reviewed and the previous certificates of succession are declared null and void; a new certificate must be sought from a notary.

• I note that, according to the established jurisprudence, the long waiting period for inheritance is virtually non-renewal, because it is impossible to spend 10-15 years in a hospital without leaving a medical facility, and it is impossible to live anywhere without being completely separated from the world.
• Text prepared by Maria Gureeva
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The apartment was sold without the owner ' s knowledge.

The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.

Time frame for the collection of the inheritance

When a sad event occurs in life – the death of a loved one does not always think that he has to go somewhere, to process something, especially if the heir lived with the heirs.

This is partly due to the fact that there was no previous property, that the apartments were held under a social employment contract, and that the status of the "owned tenant" automatically changed to one of the units in the apartment; now that the apartments and houses are owned by citizens, nothing automatically passes.

Any transfer of law, be it sale, gift or inheritance, requires a legal process.

If the heir has died before 2007, a notary must be contacted (within the prescribed time limits) for the act to be performed and the address to which the heir lived must be fixed; contact information on the notary can be obtained by calling the relevant Notary Chamber.

If the heir has died since 2007, any notary can open an inheritance case.

The following documents must be collected for the first time with the notary on the question of succession: the death certificate of the heir, the documents confirming the relationship with the heir or the will, the documents establishing the documents for the estate, the certificate from the REU on the proscription of the deceased and an extract from the home book; if the heir changed the surname of the marriage, he must also submit a marriage certificate; the heir must write a declaration of the inheritance and the notary opens the inheritance; the notary also provides the heir with a list of documents to be collected in order to obtain a certificate of inheritance; it must be borne in mind that some certificates (e.g., a certificate of assessment of the BTI apartment) have a limited duration and must therefore be taken in such a way that they do not expire by the time of submission to the notary.

Consider the case of the inheritance of a house in a gardener ' s partnership. The following documents are required to obtain a certificate of right to inherit the house:

• Land cadastre plan with assessment,
• Taking out a technical passport to a house with an assessment,
• An extract from the EGRP on the lack of arrest on the land.

So, first of all, we need to go to surveyors to draw up a cross-case and to measure the land, an indicative list of the documents that are needed for the inter-case:

• Act on the Establishment and Harmonization of Frontiers,
• Notification of surveying by neighbours,
• A copy of the garden partnership decree, certified by the chairman of the partnership,
• A copy of the INS certificate certified by the chairman of the partnership,
• The extraction from the gene, certified by the chairman of the partnership,
• Copies of land title documents (notarized),
• Copies of building rights documents (notarized),
• Copies of the passport,
• Copies of the power of attorney (if issued by the heir ' s representative),
• Copies of the death certificate,
• Copies of the testimonial on the opening of the inheritance case.

Once a land cadastre plan has been prepared, it is necessary to contact the technical inventory office to carry out an inventory and to obtain a technical passport and a technical passport (for subsequent State registration of the inheritance certificate); the BIT will need to provide a death certificate, a land plot drawn up by surveyors establishing the building documents.

Upon receipt of all the documents and six months after the death of the heir, the heir must apply to the notary for a certificate of inheritance, which is to be issued.

Under the law in force, a certificate of inheritance is subject to compulsory State registration with the judicial authority, the Federal Registry Service.