When a person passes away, his family and friends inherit his property in two ways: by law or by will. Both options assume that the circle of persons to whom it is due is clearly defined. The successors under the will are determined by the testator during his lifetime.
Everything is very clear here until an unexpected and tragic event occurs. One of the non-standard situations is the death of a claimant to inheritance. The key question is: who will receive the property of the deceased in this case? You will find the answer to this in our article.
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The legal successor died before accepting the inheritance
There are many examples in legal practice when the direct successor died without taking over the rights of inheritance. For a person far from jurisprudence, a natural question arises about who will then inherit the property of the deceased. For this method of transferring the right to inheritance, there is a special legal term - hereditary transmission. However, it does not always work.
Let's see what the legislation says about this. Article 1156 of the Civil Code of the Russian Federation identifies three main conditions for the transfer of the right to accept an inheritance:
- The successor of the deceased testator died after him.
- During his lifetime, the successor did not have time to accept the property left to him by the testator.
- The death of the successor occurred within the six-month period allotted for the acceptance of the property left by the deceased.
In certain situations, hereditary transmission does not work:
- The deceased successor did not accept the property left to him by the deceased testator due to missing the deadline allotted for its acceptance. After his death, hereditary transmission does not arise, since only he could restore the missed period.
- The deceased successor had the right to a compulsory share. In this case, the right does not pass to subsequent heirs.
- The testator and the person to whom his property was due died at the same time. Then, upon the death of each of them, a separate inheritance case is opened.
- The untimely deceased left a will in which he indicated who would become the successor in the event of the death of his main heir before accepting the inheritance.
Attention! Hereditary transmission takes place when the heir died without having time to enter into the inheritance either actually or legally.
If the first successor dies after accepting the property left to him, the general principles of inheritance law apply.
The property he inherited is automatically included in his personal property and is inherited by his relatives and friends on a general basis, that is, by the heirs of the deceased heir.
Hereditary transmission by law and will
Inheritance by hereditary transmission provides two options: by law and by will. However, it only applies under certain conditions. Much will depend on the moment of death of the successor. Therefore, in order to answer the question we posed at the beginning of the article, we will tell you in more detail about all possible situations. Each of them has its own legal aspects.
Legal successor dies
Let's consider a situation where the testator did not leave a will and his property is distributed among the legal heirs.
The successors of a deceased heir who did not have time to declare his rights to the inheritance, according to hereditary transmission, become the heirs of the same line as him.
They receive his share of the testator's property in equal parts (as in inheritance by right of representation).
The successor under the will dies
Now let's see what happens if the heir under the will dies before he has time to accept the inheritance. So, there is a will in which all or part of the deceased’s property goes to a certain person.
However, the latter dies after opening the inheritance case within six months. In this case, the right to inheritance will pass only to the successors specified in the will.
And just as in the case of inheritance by law, the property left behind will be divided in equal shares among all his heirs indicated in the document of the last will.
If only the deceased heir is listed in it, then such a document is canceled and the testator’s property goes to his successors according to the law according to the order indicated in the Civil Code of the Russian Federation.
The successor under the will died before the opening of the inheritance
Now consider the case when the heir dies before the death of the testator or simultaneously with him, that is, before the opening of the will. Then the following happens:
- Applicants are called upon to inherit according to the law. If the testator left a will to a certain citizen, and he was unable to enter into his inheritance rights due to death, then the will will not apply to the legal successors of this citizen.
- The remaining property of the deceased will go to his heirs by right of representation, that is, to the descendants of one of the first three orders. The legal successors in this case will be grandchildren, nephews, cousins in order of priority (when children, brothers/sisters and nephews die). The period for accepting property by right of representation is six months from the date of death of the testator.
Examples
The main difference from inheritance by right of representation is that the heirs in line with him in relation to the testator, and not his descendants, have the right to claim the share of the deceased successor.
For greater clarity, let's give an example of a transmission. The testator appointed his own sister and son as recipients of his estate. After his will was announced, his sister died suddenly.
According to the transmission, her share of the property passes to the spouse of the deceased.
And if she dies before taking over her rights to the property, then the son of the testator, in addition to his share, receives the rest of the inheritance.
There is another difference from inheritance by law and by right of representation. Transmission makes it possible to receive the estate of the deceased even for those who would not have such a right under a standard distribution of property.
Let's give an example. The testator died without leaving instructions on his last will. He has no wife or children, and his mother has been deprived of parental rights. In this case, according to the general laws of inheritance, the property should pass to his brother, who is related to him through his mother.
But if he dies after the opening of the inheritance, it will pass through transmission to his mother. After all, in relation to the deceased successor, she was not deprived of parental rights.
Thus, an heir recognized as unworthy receives all the property of the testator, and under normal circumstances he would not have the right to claim it.
Exceptions
There are also exceptional cases. Non-standard situations include corporate rights and other types of property. These include:
- Mandatory share in a will. In the inheritance, it is allocated to disabled relatives and dependents of the testator. If one of the heirs dies before accepting the inheritance, even before the opening of the inheritance case, then the property due to him is not included in the obligatory share.
- Shares in LLC and business . In this case, inheritance occurs by including the heirs in the list of founders of the inherited business or organization in which the share is inherited. But if the participants do not want to see new members in their business, then the heirs are paid the value of the deceased testator's share.
- Escheat. This legal term refers to property transferred to the municipality. When there is not a single heir or they all refuse to accept the inheritance, it goes to the local authorities. Therefore, if a probate deadline is missed, the property may already be in the possession of the city or town. You can check this by ordering an extract from Rosreestr.
What to do
Acceptance of an inheritance by way of hereditary transmission, as well as its registration, takes place on a general basis. At the same time, the new heir can accept the inheritance:
- which the direct successor did not have time to accept in the order of hereditary transmission;
- opened after the death of the second testator, whose direct successor he is, on a general basis.
Please note that for this, two separate applications for acceptance of inheritance are submitted in the general order and in the order of transmission:
- An application for acceptance of an inheritance after the death of the second testator is submitted to the notary at the place where the inheritance was opened.
- An application for acceptance of inheritance by transmission is submitted to the notary who opened the inheritance case after the death of the first testator.
Attention! Even when the places where the inheritance was opened for both testators coincide and both applications go to the same notary, two separate inheritance cases are opened. They are also conducted separately.
Documentation
To register the right of inheritance, in addition to applications, a package of documents is also submitted to the notary’s office. The full list is determined by the notary, but the general list is as follows:
- death certificate of the testator;
- a document indicating the existence of a family relationship with the heir;
- death certificate of the heir;
- certificate of family composition;
- a certificate from the housing office about the last place of residence of the testator;
- documents on the assessment of inherited property.
Terms of inheritance
In the case of hereditary transmission, the timing will be slightly different than in the case of inheritance by law. There are two options:
- The heir dies at the beginning of the term or in the first three months of the period of acceptance of the inheritance. In this case, inheritance by way of hereditary transmission is carried out by his heirs during the remaining part of the six-month period for accepting the inheritance.
- The successor passes away more than three months after the opening of the inheritance case. It turns out that his heirs have even less time to enter into inheritance rights. In such circumstances, the remainder of the six-month period is extended to three months.
In other words, the successors of the deceased heir have at least 90 days by law to enter into the inheritance in any case.
Attention! If the heirs miss the deadline for accepting the inheritance, they will have to go to court to restore it. At the same time, they must have indisputable evidence of the valid reason for missing it.
It is possible to do without a trial only when the other participants in the inheritance case do not object to the successors of the untimely departed heir entering into the right of inheritance after the end of the designated periods. In this case, the notary will issue a new certificate of inheritance, and the previous one will be cancelled.
For this purpose, the consent of other participants in the case is drawn up in writing and notarized.
How not to miss deadlines
Many people named in the last will of the deceased miss the deadline for accepting the property left to them. This happens due to ignorance of the existence of the will. Therefore, so that this does not come as a surprise to you, check whether your loved one or relative left such a document.
You can do this in two ways:
- Request information from the notary office at the place of registration of the deceased.
- Find out on the electronic portal of the Federal Notary Chamber in the register of inheritance cases. This contains information about all notarized cases. To search, simply enter the person’s full name, date of birth and death in the appropriate fields.
Conclusion
The property of a testator whose first heir died without entering into an inheritance will be available to his legal successors in the manner prescribed by the Civil Code of the Russian Federation. If at any stage you get confused and don't understand which queue you belong to, don't panic. In such a situation, it is important to remain calm and think soberly.
If you cannot figure out this issue on your own, then it is best to seek help from qualified specialists. Competent lawyers will prevent misunderstandings and missed inheritance deadlines, will help you defend your rights and, at the same time, maintain normal relations with remaining relatives if possible.
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What to do if the heir dies before accepting the inheritance - if the heir under the will died before the opening of the inheritance
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Close people of the deceased may become owners of the inheritance by law or by will. In both the first and second cases, the circle of heirs is clearly defined.
The legal heirs act in the order of priority established by the Civil Code of the Russian Federation, and the testator determines the successors under the will during his lifetime. One of the non-standard situations is the death of the applicant for real estate and savings.
The key question is who will receive the benefits of the deceased if the successor died before entering into the inheritance?
Identification of a potential successor
The death of a person entails the opening of an inheritance. This means that heirs can receive or “purchase” the inheritance.
Claimants by law
In the absence of a will, the property is divided between:
- The first to inherit are the closest blood relatives and relatives (spouses, parents, children of the deceased, grandchildren by right of representation).
- Second in line are brothers and sisters (their children by right of representation), grandparents.
- Third in line are uncles, aunts and their children by right of representation.
Subsequent queues are more distant relatives who acquire valuables only in the absence of close contenders.
Separately, the 8th stage is highlighted - compulsory heirs. This:
- disabled citizens who were dependent on the deceased for at least 1 year before his death and who are relatives;
- not relatives who meet the specified conditions and lived with the testator for at least 1 year before the opening of the inheritance.
Their share of the inheritance is equal to the share of the applicants called up in order of priority.
Claimants under the will
- A will is an official document that clearly defines the rights and obligations of legal successors.
- The heir under a will can be an individual from among relatives, friends, acquaintances, organizations and even the state.
- If there is a document, the obligatory heirs will receive at least ½ of the part allocated to them by law.
What is the right of representation?
In paragraph 2 of Art. 1142, 1143,1144 of the Civil Code of the Russian Federation there is the concept of heirs by right of representation. This is the right of the descendants of a deceased heir, belonging to one of the first 3 orders according to the law, to receive property that would have been due to him during his lifetime.
The validity of the right begins only if the successor died before the opening of the inheritance or simultaneously with the person for whom he could receive the benefits.
The representation applies only to legal heirs. They “stand in” for a deceased relative, representing his interests and acquiring his share of the property.
If an ancestor was disinherited, descendants cannot claim the property by right of representation.
Example. Citizen S. had 2 sons and a sister of retirement age, who lived with the three of them for more than 1 year. One of the sons had a son, and the second had a wife and 2 daughters.
All persons have reached the age of majority. The sons died in a car accident. A year later their father died.
By right of representation, the property was transferred to: the grandson - 1/3 and granddaughters 1/6 each by right of representation, and the sister 1/3 as the heir of the obligatory share.
In this example, the sons did not have time to accept the inheritance due to death, and the children inherited their shares instead.
What is hereditary transmission?
The transfer of the right to accept an inheritance instead of a deceased potential successor, who could have inherited property by law or will within 6 months from the date of death of the testator, but did not have time to do this due to death, is called “hereditary transmission”.
The right operates on the basis of Art. 1156 of the Civil Code of the Russian Federation under the totality of circumstances:
- An inheritance case has been opened according to law or will.
- During the 6-month period, to either contact a notary and write a corresponding application, or actually accept the valuables. The latter means that until the moment of death, the applicant did not live in the property transferred to him, did not pay bills for the maintenance of the house or apartment of the deceased, did not maintain its safety and proper appearance.
- The intentions of a person who died within 6 months of the need to accept benefits cannot be established. The person did not take actions that would allow him to reliably know whether he wanted to acquire property, give it up, or actually use it.
If at least one of the conditions is not satisfied, the transfer of the property of the deceased occurs on other grounds.
Under the acceptance of inheritance in accordance with Art. 1153 of the Civil Code of the Russian Federation should be understood:
- filing an application at the place of residence of the owner of material wealth or the location of objects of the inheritance mass;
- performing actions for actual acceptance.
If the heir accepted the property of the deceased in the indicated ways, but died before receiving a certificate of inheritance, his descendants cannot receive the property through hereditary transmission.
Example diagram of transmission operation:
In the example considered, the “transmitter” or the person who did not have time to accept the property is the son, and the son’s wife is the “transmissor,” that is, a contender for the left-behind values of S. according to the rule of transmission.
The essence of the transmission is the restoration of justice for the loved ones of the deceased heir. If he had lived, he would have received the property. Transmission is a natural continuation of the process of acquiring benefits after the death of the heir and allows relatives to decide whether to refuse or receive valuables.
When transmission fails
Some nuances may prevent you from becoming a transmitter:
Situation 1. If the successor died before the testator opened the inheritance, then the descendants of the latter are subject to the right of representation.
Example. Citizen S. has a son L. and daughter A. The son dies, and 1 year later the father dies. L.'s two daughters receive their grandfather's property by right of representation for their deceased father. If the cost of the apartment is 1 million rubles, the daughter will get ½ - 500 thousand rubles, and the granddaughters will get ¼ each, that is, 250 thousand rubles. each.
Assuming that the father dies before his son, and the son, due to death, does not have time to enter into an inheritance, L.’s wife, daughters and parents will be able to acquire part of S.’s valuables within the framework of his share.
Situation 2. If the successor missed the deadline for acceptance and did not have time to restore inheritance rights through the courts, transmission is not expected. According to Art. 1155 of the Civil Code of the Russian Federation, only a claimant by law or will can file an application with the court.
If the heir died after 6 months from the opening of the inheritance case, but did not express an intention to acquire it, the period for other applicants is extended by 3 months beyond the established one. The descendants of the deceased are not transmitters.
Example. Citizen F. died in July 2018. His son died in February 2023 (7 months later). The son’s wife will not be able to accept the values by right of transmission, since until April 2023, representatives of subsequent orders according to the law will be able to claim F.’s material benefits: brothers and sisters, uncles and aunts, etc.
Situation 3. If the applicant did not visit the notary, but began to actually manage the property of the deceased. Such actions are legally equivalent to writing an application for acceptance of inheritance.
In this case, the legal successor of the heir will receive the property by inheritance. They will not have to enter into transmission order. However, you may have to prove your rights in court.
Situation 4. If the applicant writes a waiver of the benefits due, then his heirs will not be able to change anything and will be deprived of the opportunity to purchase real estate and savings.
Inheritance upon death of legal successors: rules, terms
- The consequences for successors of people who were unable to accept the inheritance will depend on the moment of death and the presence of a will.
- To consider possible situations, let us assume that citizen A is the testator, B and B1 are his legal successors, C is the heir of citizen B.
Until the death of the testator
If citizen B dies before A's death or at the same time as him and therefore does not accept his property, the following happens:
- Applicants are called upon to inherit according to the law. If A wrote a will for citizen B, and the latter was unable to accept the property due to death, then the will does not apply to C.
- The legal successors of A by right of representation are the persons specified in paragraph 2 of Art. 1142, 1143,1144 of the Civil Code of the Russian Federation: grandchildren, nephews, cousins in order of priority upon death of children, brothers or sisters, nephews and nieces.
- The period for accepting values by right of presentation is 6 months from the date of death of citizen A.
After the death of the testator
If heir B dies within 6 months from the date of death of A, without having time to accept the property due to him, then:
- Citizen C can accept A's property as a transferee. The possibility of acquiring what was bequeathed is excluded if the testator has appointed an heir. However, if the basis for subassignment is refusal of succession, recognition as unworthy and other reasons, but not the death of the heir, the value will be accepted by the transmitter.
- Citizen C accepts benefits from A only if B dies.
- The acceptance period for C is at least 3 months from the date of B’s death.
- If citizen C refuses to accept material benefits and misses the established period, the property is transferred to the legal successor - B1.
Acceptance of inheritance
In the event of the death of the transmitter, the transmitter may accept:
- due by right of transmission;
- property previously owned by a deceased transferor.
The principle of universal succession operates autonomously in relation to each property. The transmitter has the right to accept values only on one of the grounds.
Distribution of shares
When inheriting by law, the applicants will receive the property of the deceased in equal shares.
If the transferor has made a will in which several persons are named, they will receive the material benefits of the deceased in equal shares.
When the will indicates the share of each of the heirs, the values are transferred in proportion to the parts specified in the will.
Algorithm of actions
The transmitter must contact one or different notaries. An inheritance case is opened for each property separately. In any case, the acceptance of the benefits acquired by the deceased is carried out in accordance with a certain algorithm of actions.
Step 1. Submitting an application
Separate applications are submitted for each type of inheritance:
- At the place of residence of the testator (A);
- At the place of residence of the transmitter (B).
- If the place of residence is not reliably determined, it is necessary to contact the location of the real estate or the most valuable part of the movable property.
- Sample application for inheritance through hereditary transmission
If one notary is involved in the affairs, different statements written according to the model are submitted to him. When acquiring property by right of representation, one application is submitted.
Step 2. Providing documents
List of required documents
No. Document functionName of document| 1 | Identity cards of legal successors | Passport, birth certificate for minors, identity cards and their translation for foreign citizens |
| 2 | Evidence of the death of the owners | Death certificates of testators |
| 3 | Data on the presence of family ties | Birth certificate, marriage certificate |
| 4 | To reliably determine the place of opening of the inheritance | certificate of residence |
| 5 | To determine the circle of legal successors | Certificate of family composition |
| 6 | Title documents for the deceased's valuables | Property purchase and sale agreement, certificate of ownership, registration certificate |
| 7 | Documents on the assessment of inherited property to determine the amount of state duty | Certificate from Rosreestr, BTI or assessment report from a commercial organization |
At this stage, you must pay the state fee and provide the notary with a receipt for payment.
Step 3. Obtaining a certificate of inheritance
Deadlines for issuing the document:
- 3 months remain before the acceptance of the inheritance by right of transmission from the date of death of the testator, the period will be extended to 3 months , after which a certificate is issued. It will be impossible to restore the deadline.
- If the inheritance occurs by right of representation, the document will be issued 6 months from the date of opening of the inheritance.
Certificates can be issued earlier if the circle of legal successors is reliably determined and all documents are collected by the notary. Subsequently, they are presented to Rosreestr and the State Traffic Safety Inspectorate for registration of ownership.
Cost of inheritance
The costs of acquiring the property of a relative who died but did not have time to accept the inheritance will be:
- 0.3% of the value of the inheritance for spouses, parents, children, siblings, but not more than 100,000 rubles;
- 0.6% for other heirs, but not more than 1,000,000 rubles.
Example.
If the heir dies before accepting the inheritance. Inheritance by hereditary transmission 2023
Transmission by law and by will If the heir by law dies before he has time to accept the inheritance If the heir by will dies before he has time to accept the inheritance What period of time can one accept the inheritance by the procedure of hereditary transmission In what cases the rules on hereditary transmission do not apply How is the inheritance formalized by the procedure of hereditary transmission
https://www.youtube.com/watch?v=04Ikijp0BS4
In life, it often happens that the heir dies a short time after the death of the testator himself, without having time to accept the inheritance. In this case, the right to accept the inheritance passes to the heirs of the deceased heir.
- This is called hereditary transmission .
- Let's figure out what this concept includes, under what conditions the transmission is applicable, and when it cannot be used.
- According to Article 1156 of the Civil Code of the Russian Federation, if an heir who is called to inherit by will or by law, died within 6 months after the opening of the inheritance , without having time to accept the inheritance due to him, the right of inheritance that he did not exercise passes to his heirs in the order of hereditary transmission ( Article 1156 of the Civil Code of the Russian Federation).
Lawyer on inheritance issues in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
So, let us highlight three main conditions when the transfer of the right to accept an inheritance occurs:
- The heir died after the death of the testator
- The death of the heir occurred within the 6-month period for accepting the inheritance
- The heir did not have time to accept the inheritance during his lifetime
- Some clarification should be made regarding the time of death of the heir.
- There are cases when the heir died after the testator, but both deaths occurred on the same day, for example, the heir dies a few hours later than the testator.
- In this case, there will be no hereditary transmission, since if the testator and heir died within the same day, they are considered dead at the same time inheritance by right of representation will be applied which we described in detail in a separate article.
- In addition, the possibility of using hereditary transmission depends on two factors:
- During his lifetime, did the heir manage to contact a notary with an application to accept the inheritance (regardless of whether he formalized ownership of the inheritance)
- Has the heir taken actions that indicate that he actually accepted the inheritance (regardless of applying to the notary with an application to accept the inheritance)
These actions of the heir exclude the use of hereditary transmission, since it is considered that he managed to express his will to accept the inheritance, and it can already be included in the inheritance opened after the death of the heir. Accordingly, the heirs of the deceased heir will inherit his property according to the general rules of inheritance.
We can talk about the actual acceptance by the heir of the testator’s property if, before his death, he actually used the testator’s property after the death of the latter, for example, began to live in his apartment, paid for utilities, made repairs, used his car, took other things as an inheritance testator (valuables, household items, etc.).
Lawyer for inheritance disputes in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation
Transmission by law and by will
So, hereditary transmission is possible both when inheriting by law and when inheriting by will.
However, the order in which the heir was called to inherit - by law or by will - is important, since the right of inheritance in the order of hereditary transmission also passes to his respective heirs - by law or by will.
- If the deceased heir was called to inherit by law , the right of inheritance passes through the procedure of hereditary transmission to his legal heirs .
- If the entire inheritance was bequeathed , then the right of inheritance of the deceased heir is transferred by way of hereditary transmission only to his heirs under the will .
If the heir by law dies before accepting the inheritance
The heirs of the deceased heir receive, by way of hereditary transmission, the share of the inheritance that was due to the deceased heir, and divide this share among themselves. Accordingly, if there is only one heir in the order of transmission, the entire inheritance share will pass to him.
Thus, the inherited property is distributed among the heirs who inherit by way of hereditary transmission in the same way as in the case of inheritance by right of representation.
The remaining primary heirs receive their legal shares of the inheritance in accordance with the general procedure.
If the heir under the will dies before accepting the inheritance
If the testator left a will for all or part of his property, and the heir to whom the inheritance was bequeathed died within 6 months after the opening of the inheritance, by hereditary transmission the right of inheritance passes only to his heirs under the will . And just as with inheritance by law, the inherited property is distributed depending on the number of heirs under the will of the deceased - if there are several of them, then they will divide in equal shares all the property specified in the will.
It is important to remember that if the deceased heir, who was supposed to inherit according to the will, did not leave a will himself, or bequeathed only part of his property, but he has heirs by law, then the latter are not allowed to inherit by way of hereditary transmission.
In this case, the right of inheritance according to the general rules of inheritance passes to the legal heirs of the testator, and if there are no other legal heirs of the corresponding line, the right of inheritance is transferred to the heirs of the next line.
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When can you accept an inheritance through hereditary transmission?
- The law establishes a general period for accepting an inheritance both by law and by will; it is one - 6 months from the date of opening of the inheritance, which is the day of death of the testator (Article 1154 of the Civil Code of the Russian Federation).
- But there is one deviation from this rule in the law - in the case of inheritance through hereditary transmission.
- If the heir died at the beginning of the term or during the first three months of acceptance of the inheritance, then inheritance by way of hereditary transmission can be carried out by his heirs during the remaining part of the 6-month period of acceptance of the inheritance.
- If the heir died later , and his heirs have less than three months left to accept the inheritance, then this remaining part of the period for accepting the inheritance is extended to three months (clause 2 of Article 1156 of the Civil Code of the Russian Federation).
If, under such conditions, the heirs miss the deadline for accepting the inheritance, in order to restore it they will have to present in court strong evidence of valid reasons for missing the deadline. However, if the heirs who have the right to accept the inheritance through hereditary transmission prove that they did not know and could not know about the opening of the inheritance, this will be an unconditional basis for restoring the period for accepting the inheritance.
If other heirs do not object to the heirs of the deceased heir accepting the inheritance after the end of the period for accepting the inheritance, then you can do without a trial; the notary will simply issue a new certificate of the right to inheritance, annulling the previous one. But it is important that the consents of other heirs be drawn up in writing and notarized, or drawn up in simple written form, but in the presence of the notary who is conducting the inheritance matter.
In what cases do the rules on hereditary transmission not apply?
There are two such prohibitions. The first concerns the right to an obligatory share in the inheritance.
- By leaving a will, the testator thereby expresses his will to transfer his property to a specific person or several persons, and it does not matter whether the testator is connected by blood ties with such heirs or not.
- However, there are categories of heirs by law who have the right to an obligatory share in the inheritance even in the presence of a will.
- These include minor or disabled adult children of the testator, his disabled spouse, as well as disabled dependents of the testator.
But it should be remembered that the right to an obligatory share in the inheritance does not pass through transmission. In other words, if a deceased heir during his lifetime had the right to an obligatory share in the inheritance, in the event of his death this right will not pass to his heirs through hereditary transmission (Article 1149 of the Civil Code of the Russian Federation).
- Also, does not pass to the heirs of the deceased heir by way of hereditary transmission.
- In other words, if the deceased heir himself had the right of inheritance by way of hereditary transmission, which was not exercised by him during his lifetime, this right is not transferred by way of hereditary transmission to his heirs, since it is not part of the inheritance that opens after his death (Article 1156 of the Civil Code of the Russian Federation ).
- Thus, the following does not pass through the order of hereditary transmission:
- The right to an obligatory share in the inheritance
- Right of inheritance by hereditary transmission
Lawyer for inheritance issues. Tel.+7 (812) 989-47-47 Telephone consultation
How is an inheritance formalized through hereditary transmission?
Acceptance of an inheritance in the order of hereditary transmission and its registration is carried out on a general basis (read the article entry into inheritance ).
In this case, the heir can simultaneously accept:
- The inheritance that the direct heir of the first testator did not have time to accept due to his death - in the order of hereditary transmission
- An inheritance opened after the death of the second testator, whose direct heir he is - on a general basis
However, to do this, you need to submit two separate applications for acceptance of inheritance in the order of transmission and in the general order, respectively.
Moreover, the important point is the following:
- An application for acceptance of inheritance by transmission is submitted to the notary who opened the inheritance case after the death of the first testator
- An application for acceptance of an inheritance after the death of the second testator (deceased heir) is submitted to the notary at the place where the inheritance was opened. In St. Petersburg, such an application can be submitted to any notary; accordingly, the heir can contact the notary who is in charge of the inheritance case of the first testator
- If both applications reach the same notary, including due to the coincidence of the place of opening of the inheritance of both testators, in any case, two separate inheritance cases will be opened, which will be conducted separately, and all notarial actions within each will be carried out separately.
- If you still have questions on this topic, or your situation is too complicated and you cannot evaluate it yourself, call and get detailed advice from an inheritance lawyer .
- It should be noted that you can get the most accurate and comprehensive information for yourself during a face-to-face consultation, which takes place at the company’s office.
The initial consultation is always free. If you need to study a lot of documents and carefully analyze them, you may be provided with a paid consultation, during which you can receive a step-by-step algorithm of actions, including a written one.
Call and sign up for a consultation, our experienced inheritance lawyers in St. Petersburg are ready to answer all your questions and provide practical assistance in resolving the most complex inheritance disputes.
Procedure if the heir dies before taking over his rights
The death of a person is a difficult event for his family. And two or more deaths in a row are even harder. In such a situation, relatives also have to resolve difficult issues related to inheritance.
A situation in which a person did not have time to accept an inheritance and died himself is called hereditary transmission, and to solve it there are special legal mechanisms that somewhat modify the inheritance process. Below we will discuss in detail the order of inheritance in the event that the heir dies before he can assume his rights.
Details about hereditary transmission
If the first heir died after he assumed his own rights, further inheritance is considered according to the standard procedure provided for at the legislative level in the Russian Federation.
The deadlines for accepting an inheritance by transmission and on a general basis are different. For inheritance by transmission, a period of 6 months is established. It begins to flow from the moment the inheritance is opened (the day of death of the original testator). If the heir has less than 3 months left to accept the inheritance, the period is extended by another 3 months. For inheritance on a general basis, the period is also 6 months and begins from the moment the inheritance is opened.
How to deal with a will
In a situation where the heir died without entering into the inheritance, the will of the original testator plays an important role.
If the testator did not make a will, then after the death of the first heir, who did not have time to assume his rights, they pass to the second in the order of priority provided for by the laws of the Federation.
If a will has been drawn up, after the first heir, the next in line persons specified in the will take over their rights.
When hereditary transmission cannot be used
There are a number of situations in which the rules of hereditary transmission cannot be used. These include:
- the first heir did not enter into his rights due to the fact that he missed the six-month deadline within which this could be done and subsequently did not extend it. After his death, there will be no transmission, since only he could restore the lost six-month period;
- the testator made a will, in which he clearly indicated who would be the next heir in the event of the death of the first (if the first does not have time to assume his rights);
- the testator and the heir died at the same time (or almost simultaneously). Usually in such cases two separate hereditary processes are declared, which proceed independently of each other;
- the first heir had the right to receive a mandatory share of the inheritance. It cannot be given to persons who are next in line.
In all other cases, the hereditary transmission procedure can be used.
Procedure if the second heir also dies before taking over inheritance rights during the transmission
Sometimes situations occur in which the second heir does not have time to accept the inheritance and also dies. If he was called to inherit in the transmission mode and did not have time to assume his rights due to death, the inheritance does not pass anywhere further. Third, fourth, etc. There are no heirs in such a situation.
How is inheritance formalized during hereditary transmission?
Let us note that the heir second in line may be involved in two inheritance processes and simultaneously accept the rights of inheritance of the property of two persons, namely:
- the right to inherit the property of the original testator, which the first heir did not manage to accept due to his own death before the end of the six-month period;
- right of inheritance of property of the first heir. If the second heir claims it by law or by will, the inheritance process takes place in a standard manner approved by the laws of the Russian Federation.
Note that in this situation we are talking about two independent inheritance processes. A separate case is opened for each of them, and in relation to each of the inheritances, the second heir can write a statement of acceptance or non-acceptance. In this situation, the following outcomes are possible:
- the second heir accepts the rights to both inheritances;
- the second heir accepts the rights to one inheritance, but refuses the other;
- the second heir renounces his rights to both inheritances.
Of course, rejection of one inheritance does not automatically entail rejection of another.
Where to submit applications for inheritance
The first application is submitted with a request to enter into an inheritance by way of transmission to the notary's office at the place of registration of the original testator. The second application is submitted with a request to enter into inheritance in the usual manner at the place of registration of the first heir. Even if we are talking about the same office and the same notary, the second heir is still required to submit two separate documents so that two separate inheritance cases are opened for them.
Actual acceptance of inheritance rights
Due to the fact that the second heirs apply for accession to inheritance rights in different modes (usual and transmission mode), they can enter into inheritance rights in each case in their own way.
The methods of actual entry into inheritance (taking possession and disposal of the property of the deceased, as well as accepting all his debts and ensuring their coverage) and legal (according to the standard procedure through a notary’s office) remain relevant.
In both cases, the second heir will have six months to write an application.
Receiving an inheritance if the first-stage heir died before accepting the inheritance - Pravoved.RU
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Hello! My grandmother died, leaving bank deposits without a will. Her daughter (her husband and no other children) did not enter into inheritance within 6 months, and 8 months after the death of her grandmother she died after a serious illness (medical documents confirm). How to receive deposits for grandchildren (adults) and the spouse of a deceased daughter? And which of them is the primary heir?
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Lawyers' answers (4)
Hello, Elena!
According to Art. 1156 Civil Code of the Russian Federation:
1. If an heir called to inherit by will or by law died after the opening of the inheritance, without having time to accept it within the prescribed period, the right to accept the inheritance due to him passes to his heirs by law , and if all the inherited property was bequeathed - to his to heirs under a will (hereditary transmission). The right to accept an inheritance by way of hereditary transmission is not included in the inheritance opened after the death of such an heir.2. The right to accept an inheritance that belonged to a deceased heir may be exercised by his heirs on a general basis.
If the remaining part of the period established for accepting the inheritance after the death of the heir is less than three months, it is extended to three months.
After the expiration of the period established for accepting the inheritance, the heirs of the deceased heir may be recognized by the court as having accepted the inheritance in accordance with Article 1155 of this Code, if the court finds valid reasons for missing this period.
3. The right of an heir to accept part of the inheritance as a compulsory share (Article 1149) does not pass to his heirs.
Accordingly, the heirs are children and spouse in equal shares. In relation to missing a deadline, you need to go to court and petition for restoration of the missed deadline.
With respect, Nadezhda.
Hello!
According to Article 114 of the Civil Code of the Russian Federation, the grandchildren of the testator inherit in the order of representation of the heirs in the first place
Civil Code of the Russian Federation Article 1142. Heirs of the first stage1. The heirs of the first priority according to the law are the children, spouse and parents of the testator.2. The testator's grandchildren and their descendants inherit by right of representation
- The heiress' husband will not receive anything, only grandchildren
- Sincerely, Alexander
- .
Hello, Elena!
Firstly, both children and spouse are heirs of the first priority after the death of the daughter of the deceased grandmother (Article 1142 of the Civil Code of the Russian Federation). And in accordance with Art. 1156 of the Civil Code of the Russian Federation, if an heir called to inherit by will or by law died after the opening of the inheritance, without having time to accept it within the prescribed period, the right to accept the inheritance due to him passes to his heirs by law.
Secondly, after the death of her grandmother, the daughter did not have time to accept the inheritance within 6 months in the form of bank deposits, due to a serious illness and subsequent death. However, the spouse will not be able to inherit this particular part of the inheritance, since the property was “received” through a gratuitous transaction, i.e., through inheritance, and is not jointly acquired during the marriage.
Thirdly, in accordance with Art. 1152 acceptance by the heir of a part of the inheritance means acceptance of the entire inheritance due to him, whatever it may be and wherever it may be located.
If the daughter lived with her grandmother, was registered there, and after death maintained the property in proper condition, paid payments, took part of the personal belongings of the deceased grandmother, etc., i.e. actually accepted it.
The same goes for my daughter's children.
As for the deadline for entering into inheritance that the grandmother’s daughter missed, the grandmother’s grandchildren must first enter into the inheritance in relation to their mother, and in court or restore the missed period in relation to the grandmother’s inheritance.
Hello!
According to Art. 1156 Civil Code of the Russian Federation: 1.
If an heir called to inherit by will or by law died after the opening of the inheritance, without having time to accept it within the prescribed period, the right to accept the inheritance due to him passes to his heirs by law, and if all the inherited property was bequeathed - to his heirs by law. will (hereditary transmission).
The right to accept an inheritance by way of hereditary transmission is not included in the inheritance opened after the death of such an heir.2. The right to accept an inheritance that belonged to a deceased heir may be exercised by his heirs on a general basis.
If the remaining part of the period established for accepting the inheritance after the death of the heir is less than three months, it is extended to three months. After the expiration of the period established for accepting the inheritance, the heirs of the deceased heir may be recognized by the court as having accepted the inheritance in accordance with Article 1155 of this Code. if the court finds valid reasons for missing this deadline.
3. The right of an heir to accept part of the inheritance as a compulsory share (Article 1149) does not pass to his heirs.
What kind of hereditary transmission are we talking about if the heir died after a six-month period???
According to Article 114 of the Civil Code of the Russian Federation, the grandchildren of the testator inherit in the order of representation of the heirs in the first place
What right of representation are we talking about if the heir died after the testator?????????????
the spouse will not be able to inherit this particular part of the inheritance, since the property was “received” through a gratuitous transaction, i.e., through inheritance, and is not jointly acquired during the marriage.
The heirs of the first priority to ALL the property of the testator are children, SPOUSE, parents (Article 1142 of the Civil Code). And it doesn’t matter on what grounds this property was acquired.
Do not confuse the rules on inheritance with the allocation of ownership rights of the surviving spouse to jointly acquired property.
My grandmother died, leaving bank deposits without a will. Her daughter (husband and no other children) did not enter into inheritance within 6 months ELENA
Elena, inheritance can be carried out either by submitting an application to a notary, or actually in accordance with paragraph 2 of Art. 1153 GK
2. It is recognized, until proven otherwise, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir: took possession or management of the inherited property ; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; incurred expenses for the maintenance of the inherited property at his own expense;
paid at his own expense the debts of the testator or received funds due to the testator from third parties.
those. if your grandmother, in addition to deposits, had some other property that your mother used after her death, and you can confirm this to the notary with the relevant documents (receipts for utility bills, for example, the notary will not accept), then do not go to court required.
If the notary does not see the actual acceptance of the inheritance, then you will need to go to court to restore the deadline for your mother to accept the inheritance or to establish the fact that your mother accepted the inheritance after the death of your grandmother. In this case, medical documents will be useful to you as evidence.
If the court decides in your favor, the heirs to these deposits will be in equal shares (according to Article 1141 of the Civil Code) the children and your mother’s spouse (Article 1142 of the Civil Code).
If the court refuses to satisfy the application, subsequent heirs will be called upon to inherit after the death of the grandmother. There are eight of them (!) in the Civil Code. If none of the heirs accepts the inheritance, the property will be recognized as escheat and will go to the state.
I would also like to draw your attention to the fact that you may not have known about the existence of a will or testamentary disposition (the latter is drawn up at the bank).
In this regard, you must first contact a notary with an application to accept the inheritance; the notary has the right, based on your application, to find the will, and also send a request to the bank about the presence/absence of funds and testamentary disposition. They will not be able to give you such information without asking a notary.
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