How to prove and establish relationship with the deceased through court

​​In some cases, proof of relationship with a person who has already died may be required. Most often, issues of this nature require resolution when inheriting property if there is no will. The presence of a family relationship is proven documentary by applying to the court and to a notary in the presence of certificates that confirm the very fact of a blood connection between two persons.

The content of the article

• Grounds for establishing family ties
• Documents confirming family relationships
  • Certificate
  • Identification
  • Genetic testing result
• Ways to certify relationship with the deceased
• Restoration of lost documents confirming the relationship of citizens
• What to do if there are no documents?
• Judicial procedure for recognizing kinship
  • Statute of limitations
  • Parties to the lawsuit
  • How to make an application?
  • Documentation
• Evidence of relationship with the child
• Conclusion

Grounds for establishing family ties

• participation in inheritance, if necessary, to receive part of the inheritance;
• registration of a deed of gift, which does not have a 13% property tax if the procedure is executed between close relatives;
• alimony payments;
• nationality is confirmed to obtain a residence permit or citizenship upon immigration.

In all of these cases, it may be necessary to establish the proximity between certain individuals and obtain official data confirming this fact.

Documents confirming family relationships

• certificates, including marriage, birth of a child and others;
• certificates from archives or the registry office, if data on the required persons could be saved. They are evidence that can be provided to a notary office;
• court order. In the absence of basic acts or the need to resolve legal disputes, they turn to the court, which makes a decision and issues documentation, with which you can then contact a notary.

Certificate

According to the law, any civil act is registered and issued in the form of a certificate. This could be the birth of a child, a marriage or its dissolution, as well as the death of a person or a change of data (full name). This documentation is kept in the hands of the person, but if lost or damaged, they can be obtained from the same authority where they were issued.

The number of certificates that certify the presence of blood affinity varies depending on the distance of relatives to each other. Example, to formalize a line of descent with a grandmother, a grandson will need the following documentation:

• birth data of the father or mother, depending on who is the grandmother’s child;
• own birth data;
• information on parents' marriage.

Read also: ​​Does a common-law wife have the right to inheritance?

It turns out that several certificates will be required that will fully confirm the family line.

Identification

This information is used to establish family relationships.

Genetic testing result

The procedure has a fee and must be carried out strictly in organizations with a license for these services. Genetic testing requires the following steps:

• provision of genetic material for research from two individuals for whom it is necessary to establish the degree of relationship;
• concluding a contract for the provision of services;
• receive official results in document form.

Since the examination establishes the degree of proximity, it is possible to involve another person who is a relative of the deceased or absent person.

During legal proceedings, based on the data received, the court officially establishes the existence of proximity between the participants in the process and other persons.

Ways to certify relationship with the deceased

If there is no evidence that the notary has the right to refuse to issue the relevant certificates, without which participation in the process of distribution of property and rights is impossible. In almost every case, when inheriting, there must be a certificate indicating the fact of the claim to the property.

The relationship itself is confirmed in the following ways:

• documentation is provided, including certificates, certificates that prove the relationship and its degree;
• a genetic examination is carried out to obtain an official conclusion;
• establishing kinship through the courts;
• witness statements and other facts that are included in the evidence base and presented to the court.

All these methods will allow you to participate in inheritance or other procedures.

Restoration of lost documents confirming the relationship of citizens

Lost data, including certificates and certificates that establish family relationships between persons, are issued for a fee. The state fee is 200 rubles for a certificate from the archive and 350 rubles for a duplicate.

Restoration is carried out at the place where this act was issued, but it is possible to contact any territorial authority.

Additional data or copies of lost documents will help speed up the recovery process.

What to do if there are no documents?

If written data is missing or impossible to obtain, but the notary has reason to believe that there is a relationship due to the presence of secondary evidence, he sends the citizen to court to establish blood affinity.

Subsequently, the court considers this case and makes a decision on the basis of which the person is recognized as a relative of the deceased or not.

Judicial procedure for recognizing kinship

• written and oral testimony of witnesses;
• Photo and video;
• letters and correspondence;
• certificates of marital status;
• records from house books;
• if available, family tree;
• different data from the employer or from the place of training.

Read also: How to inherit a garage?

The more evidence is presented, the higher the chance of getting a positive result, which will allow you to claim an inheritance.

Statute of limitations

Parties to the lawsuit

The lawsuit has two sides. One of them is the applicant, that is, the person who needs to obtain the fact of the presence of a relative. The other party is an interested party, which can even be a notary.

How to make an application?

The details of the court to which the application is being made, as well as personal data, must be entered. In addition, the request itself is written, indicating data on the persons who need to be contacted.

The application contains an additional list of attached forms and evidence.

Download the application for establishing the fact of family relations

Documentation

Several options are used as data that is attached to the application and serves as evidence. These include not only certificates, extracts and certificates, but also various court orders, as well as documents issued at work or social security.

The attached documentation includes DNA data, as well as photos and video materials. Additionally, an expert report on the exhumation and written testimony of witnesses, which are fully documented and certified, can be attached.

Evidence of relationship with the child

• birth certificate of the specified person, with information on mother and father;
• father's or mother's passport to confirm identity.

The notary does not need any other information.

How to prove relationship with father or mother?

The connection with the father or mother is proven with the help of birth certificates, and also in some cases with a change of surname. There must be two birth forms, that is, your own and your parent’s. There is a nuance. Certificates must contain complete information.

What to do if the applicant does not have a father/mother certificate, nor in the registry office, nor in the archive?

If the certificate of one of the parents is missing, then you must contact the registry office or archive. If there is also no information there, then it is necessary to go to court and establish a judicial connection using various methods, in particular through genetic testing.

How to prove your relationship with your mother if you and her have different last names?

If it is necessary to establish a family line with the mother with different surnames, you will need to collect information that confirms this point. This will include all certificates and certificates that reveal the very fact of a change of surname, for example, during marriage or other actions.

If I need to get a death certificate for a great-grandfather?

In this case, they also contact the registry office with the existing forms that remain. Additionally, all documentation will be required that indicates the presence of common relatives, including grandparents.

Read also: State duty when entering into an inheritance

What should I do if I don’t know which registry office to receive this or that certificate?

You can contact any territorial body in the form of a registry office. Most archival documents are now stored electronically, which allows you to quickly obtain the required information. If there is no such act, the employee will give you information on the authority where you need to contact.

Where can I look for documents if the registry office where my grandmother got married no longer exists?

In this case, you will need to contact the nearest registry office and find out where the archives of the no longer existing branch were transported. Often such archives are also stored in district or city archival centers.

Is it possible to prove kinship with a deceased person without documents?

This option is possible if there is secondary evidence and testimony. But without documents, any determination must be made through a court, which makes a special decision showing the degree of blood affinity.

Is it possible to receive an inheritance from distant relatives and how to prove the relationship?

Inheritance from distant relatives is possible with the help of a notary, who will tell you where to go and help you obtain documents indicating the relationship of the person’s closest relatives with the second person.

For such a procedure, you will need to prove the presence of a close relative on your side and another relative, but already distant, and collect all certificates confirming their blood connection. For example, in order to claim the inheritance of a great-aunt, it is necessary to prove her closeness to her grandmother or grandfather.

How long will it take to issue a duplicate?

The creation of a duplicate is based on the availability of available information, that is, the more information left or available, the faster the document will be made. If it concerns the documentation that is in the registry office, then the issuance period can vary from 1 to 10 days.

Conclusion

To establish the fact of having a common family line with a deceased person, it is necessary to provide documentation that proves the existence of family ties. In some cases, documents are created anew or issued by a special court order. In all cases, only if you have such documents can you claim inheritance and other rights.

How to prove relationship with the deceased if there are no documents

During life, no one requires people to prove their relationship to each other. But when it happens that a relative dies, the successors have to prove it before they use the inherited property. And the notary is more competent in this matter than others. He will inform the applicant about what papers will be required to confirm the relationship with the deceased, and what to do if they are not available.

In what situations may proof of relationship be required?

Circumstances where a precedent for the existence of a close relationship must be confirmed include:

• inheritance (legal);
• emigration (belonging to a particular nation is determined);
• calculation of alimony;
• interment in the family cemetery;
• others (established by law).

It is not always necessary to use the mechanisms of legal proceedings to prove kinship. For example, you can simply restore the missing documents through the registry office to justify the existence of family ties, or the father will agree to recognize his paternity without any medical research. But still, through the court, connections with family members are proven in most situations.

How to prove relationship with the deceased - confirmation procedure

If there are papers indicating the existence of family ties with the deceased:

• the person collects all the necessary evidence;
• transfers them to the notary;
• the latter checks them and issues a document confirming the right to inheritance.

If the required papers are not available for some reason:

• state a request to establish family relationships in the form of a claim (a sample can be found on the Internet);
• apply to court with this request;
• wait for a decision.

What documents are needed to prove relationship?

A package of papers to prove family ties is formed depending on their degree. The further away it is, the more evidence you will have to collect.

But a certain standard set still exists:

• birth certificates (it is important that the surnames coincide with those available at the time of contacting the notary, i.e. if they have changed, also provide the relevant papers);
• marriage certificates (for spouses).

How to prove relationship with the deceased if there are no documents?

In this case, you will have to turn to the judiciary. At the place of residence, the citizen files a claim in the established form, where the court must be informed why it was not possible to independently find evidence of a blood connection with the deceased.

How much does it cost to prove relationship in court if the last names are different?

When an interested party comes to court with a request to help prove a close relationship, he must pay a state fee. The Tax Code establishes a single fee for all cases of proving relationship - 300 rubles.

Even if the surnames of citizens are different, the cost will not change, since higher authorities resolve such cases in special proceedings, without distinguishing between situations.

Proof of relationship - sample application to court

It should be filed with the court using the following template:

Introductory part:

• name, address of the court;
• the same information about the applicant.

Descriptive:

• explain the connection with the deceased;
• indicate ways to independently resolve the problem;
• why they did not produce results;
• reflect who can act as a witness belonging to the family of the deceased (list information about the subjects).

Petition:

• what the person wants from the trial;
• whom he proposes to call for confirmation;
• what materials are included with it?

There must be a signature at the end.

Download sample

How to prove the degree of relationship during inheritance?

• using birth and marriage certificates;
• through archival certificates, extracts (if the degree is not the first);
• using witnesses;
• orally to a notary.

The more convincing the evidence, the faster the notary or judge recognizes the person as an heir.

How to prove relationship with mother if there are different surnames?

When the successor and the mother (testator) do not have the same last name, additional documents will be required to prove the relationship:

• on marriage (where it is indicated that the wife wishes to use her husband’s surname);
• about adoption.

To prove your relationship with your grandmother, you need to find papers about the birth of the entire line: from grandmother/grandfather to granddaughter, from the marriage registry office.

When a relationship with a maternal aunt is proven, the set of documents for this changes slightly: birth certificates of the aunt, mother, interested person, marriage certificate for the first two.

How to prove relationship if there is no birth certificate?

• If the notary does not doubt that the applicant is a relative of the deceased in the absence of a birth certificate, then there is no need to prove it.
• If doubts arise, he will refer the person to higher authorities to substantiate his statements.
• Thus, courts and notary offices determine whether the applicant for inheritance is a relative of the deceased by examining the evidence presented.
• It is always possible to challenge the received decision, but this must be done in accordance with all norms of the legislation of the Russian Federation. You can find out how to behave correctly in such a situation by following the link:  

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

How to confirm relationship with the deceased?

Family is not only responsibilities, but also rights. However, to obtain these rights, the relationship must be confirmed through documents or through legal proceedings. What do you need to know about the procedure for confirming kinship?

In what situations may proof of relationship be required?

The most common situations in which blood ties need to be proven are:

• The need to receive an inheritance;
• Establishing nationality during emigration;
• Receiving alimony;
• Burial in a mass grave/family crypt, etc.

In some of the presented cases, people do without legal proceedings: establishing paternity can be voluntary; relationship with the testator can be proven by restoring documentation in the registry office. In other situations, it is necessary to go to court.

How to confirm the fact of kinship for inheritance?

According to Article 1111 of the Civil Code of Russia, a citizen has the right to inherit property by law or by will. In both cases, the applicant has to prove to the notary that he and the deceased testator were relatives. To confirm the fact of relationship, the heir provides documents confirming the relationship with the testator.

But it happens that papers are lost, and it is impossible to prove a relationship. In the case of inheritance by will, the notary will issue the applicant a certificate stating that he is the heir. The document will not indicate the degree of relationship, but this will not diminish the rights of the heir to the property.

If the deceased did not have time to make a will, the division of the inheritance is carried out according to law. In order to prove the fact of relationship with the testator, it is necessary to provide documents confirming it to the notary at the time of opening the inheritance case.

Documents confirming relationship

The notary in charge of your inheritance will add you to the list of heirs only if you provide him with undeniable evidence of your relationship with the deceased. Typically, such evidence is:

• Birth certificate of the inheritor;
• Birth certificate of the testator;
• Birth certificates of mothers, fathers, grandfathers, grandmothers, brothers, sisters and other relatives of the testator;
• Death certificates of relatives.

For example: if you are the grandson of the testator, you are required to present your birth certificate and the birth and death certificates of the previous heir (that is, your father or mother).

In addition to the above-mentioned documents, certificates of marriage and divorce, adoptions, certificates of name change may be required, if such actions took place in the life of the testator.

Remember that indirect evidence of kinship (family photos, congratulation cards, etc.) is recognized as evidence only through the court. The notary does not have the right to issue you a certificate for receiving an inheritance on their basis, because from a jurisdictional point of view, they are not documents.

What to do if there are no documents?

It may also happen that the papers necessary to receive an inheritance are lost. In this situation, you should not immediately go to court: they will refuse you, because... first you must try to restore the documents through the registry office.

Step 1

Restore in your memory all the information about the deceased: the cities in which he lived, whether he changed his full name, etc. Systematize the information.

Step 2

Send requests to the civil registry offices of those areas in which, according to your assumptions, there may be vital records of the required documents.

To issue a duplicate document, you will have to pay a state fee.

If the documents are found, you will receive a letter by mail inviting you to pick them up in person. Otherwise you will receive a written refusal.

If, in order to receive an inheritance, it is necessary to restore the documents of a relative born before 1920, they will have to be restored through the church, because until 1920 vital records were not kept; children's details were recorded at baptism. Contact the archives where the papers may be stored.

Step 3

Take the collected documents to the notary. He will add you to the list of heirs.

If the documents could not be recovered

If you have received a refusal from the registry office, to confirm your relationship, write an application to the court; only through legal proceedings is it possible for you to receive an inheritance. You can also go to court if you want to challenge the will.

The application is written in a special form, where the applicant indicates his data, the data of the lawyer who opened the inheritance case, and the data of witnesses. Documents, court decisions, evidence of relationship (direct and indirect) are attached to the act. The following will help you prove your relationship through court:

• Documents issued by the Civil Registry Office;
• Documents issued on the basis of court decisions;
• Extracts from house books;
• Certificates of family composition issued at the place of work;
• Certificates from social security authorities;
• Information about children from the passport.

The court may also accept as evidence:

• Personal correspondence;
• Photos;
• Letters.

In short, any information will be useful.
The more evidence you provide, the greater your chance of winning your case. In some cases, the court may order you to undergo a DNA test. The examination is carried out in a public or private clinic and is paid for by a person appointed by the court. If you think that genetic research is necessary, you can write a petition for it.

Adviсe

To receive a legal inheritance, the applicant will have to prove his relationship with the deceased, even if the fact of relationship is obvious to him.

• It is best to seek advice from a lawyer to help prepare the paperwork.
• It will be a good help if you study all the legal acts regulating inheritance activities: the entire 5th section of the Civil Code of Russia, orders of the Ministry of Justice, acts issued by the Federal Notary Chamber.
• If you had to go to court, collect as much evidence as possible, including indirect evidence.
• Don’t panic and be patient: entering into an inheritance is a long process.
• Know your rights.

How to prove relationship with the deceased if there are no documents?

Often in civil legal relations, and more specifically, in matters of a hereditary nature, aspects of establishing kinship with a deceased citizen arise. Provided that the deceased testator did not have time or deliberately did not leave a will regarding the acquired property, the legislation of the Russian Federation provides for eight degrees of relationship between citizens.

• In circumstances where a person claims to accept inherited property, it will be extremely important for him to prove the relationship with the deceased person, as well as the question of determining the degree of relationship.
• Such measures will become necessary provided that the will provides not only the personal data of the heir, but also the degree of relationship with the testator.
• In this case, the main point will be awareness of the list of documents for successfully proving the fact and degree of relationship between persons, as well as clarity in the algorithm of actions, provided that there are no such documents in principle.
• Certificate
• Legislative acts in force on the territory of our state, in order to organize the procedure for registering specific civil facts of persons, introduced mandatory registration with territorial civil registration authorities (status).
• The Civil Registry Office is responsible for issuing certificates establishing the official degree of relationship between citizens, namely:

• about the fact of birth;
• about the fact of marriage and divorce;
• about the fact of adoption;
• about changing the name;
• about the fact of death.

There are a number of cases in which these documents are not available for objective reasons. In these situations, applicants for inherited property have two options for getting out of this situation: visiting the civil registry office to request a duplicate of the relevant document, or contacting the judicial authorities of the locality with an application to establish the fact of kinship.

A fairly successful completion of a problematic situation would be to restore the document by searching for a duplicate in the registry office. You should prepare an official request for a duplicate as early as possible, since the procedure for sending a response to your request can be quite lengthy in terms of time.

1. In addition, during legal proceedings, the question will certainly arise about attempts to request the document of kinship you are looking for by applying to authorities other than the court, and in this case, the answer to your request, albeit negative, from the registry office will be most welcome.
2. Let us note separately that the notary office that will deal with your inheritance, as a rule, does not accept those documents (certificates) that contain errors or basic typos, such as “Tatiana” and “Tatiana”, as well as “Natalia” and “Natalia”.
3. In addition, even the correct spelling of the letters “ё” and “e” in the first or last name will be an important and decisive factor.
4. To resolve such issues, it is also necessary to go to court, however, it is worth considering that this kind of proceedings will take place within 2 or even 3 months.
5. Application to the judicial authorities
6. In circumstances where there are no longer any authorities to address the current situation, the judicial branch of government, represented by the local district court within a specific locality, comes to the aid of a citizen of the Russian Federation.
7. Among other details, the text of the application to the court must contain the following aspects:

• The main reason and purpose of filing an application (logically – acceptance of the inheritance by the citizen);
• Abstracts about the facts and reasons for the impossibility of obtaining the required documents in any other way than going to court;
• You should indicate the evidence you have of the fact and degree of relationship with the deceased citizen.

Regarding the last aspect, it is worth understanding more specifically. As usual, the most convincing for judges is not documentary evidence, but a sufficient quantity and quality of testimony from the witness base, representatives of which are other relatives of the person, proof of whose relationship with the specified deceased person is not required.

• As an attachment, it would not be amiss to provide some general family photographs, and if there are any, video recordings, the content of which directly or indirectly indicates the presence of a relationship between the interested party and the testator.
• The most complicated case is when relatives, whose relationship with the deceased does not require proof, will unanimously indicate the absence of any family ties between you and the deceased testator.
• However, such situations also occur in modern society.
• Under such circumstances, one possible way out of the situation would be to conduct an independent medical examination to identify DNA.
• Do I need to seek consulting or practical assistance from a legal specialist?

In order not to miss the deadlines established by the legislator for registering and accepting an inheritance, it would be a good idea to seek help from an experienced lawyer. This recommendation can be explained by the fact that, basically, trying to do all the elements and manipulations, an inexperienced layman simply wastes time and does not have time, in fact, to do anything.

Inheritance by right of representation

1. Inheritance by right of representation (IRP) is the possibility of receiving the inherited property of a deceased relative in favor of his children or grandchildren instead of the deceased father and (or) mother.

2. According to the norms of the Civil Code of the Russian Federation, persons who are applicants for inheriting property are established in the order of priority determined by law or in accordance with the will, which was drawn up by the deceased person in accordance with all the rules and canons.

3. The NPP right is valid when the heir (main) died earlier or on the same day as the testator.
4. The heirs of the NPP, according to the Civil Code of the Russian Federation, can be represented by:

• grandchildren and great-grandchildren of the deceased testator. They will be considered first, provided that the daughter/son also died;
• nephew(s), when the brother or sister of the deceased also died. Will represent the 2nd stage;
• Children (relatives), as well as aunts and uncles. They will represent the third priority group.

• Persons claiming inheritance property in the order of presentation have priority over those of the following orders.
• NPP is effective only in relation to the first 3 groups of kinship, which can be called upon to divide the property of the deceased.
• Cases when GMP cannot be applied

The NPP cannot be implemented when the main heir died within 6 months following the death of a close relative, and at the same time did not have time to officially take the property into his own ownership. In this case, the rule of so-called hereditary transmission applies.

Also, according to Art. 1146 of the Civil Code of the Russian Federation, NPP does not apply to the children and grandchildren of those persons who are recognized by the court as unworthy to receive the property and property rights of a deceased relative.

How does the NPP prove its right?

You should contact a notary office, having first collected the following list of documentation:

• a document that proves your identity (including a foreign passport);
• certificate of death of the testator, as well as his parents who had the right to property by law or by will;
• your and your parents' birth certificates;
• if necessary, documents that may indicate a change of first or last name;
• certificates from the civil registry office, requested by a notary.

1. According to these documents, it is possible to establish the fact and degree of your relationship with deceased relatives, and as a result, it is determined whether you have the right to NPP of the first three priorities.
2. Of great importance in resolving such a number of issues are birth certificates, which tend to get lost throughout life, since they are rarely used.
3. Persons who have the right of NPP can safely claim the share of the inherited property that would have been due to their parents by inheritance or in the manner prescribed by law.
4. As an example, the situation:

The woman had two children, however, one of them died. The deceased child left three children. Circumstances were such that the above woman passed away after some time, and the entire volume of her property should be distributed among the children (in equal shares).

With three grandchildren on one side, the distribution of shares should occur as follows:

• For the first son – 1/2 part of the property;
• For the first grandson from the second son - 1/6;
• For the second grandson 1/6 part;
• For the third grandson - also 1/6 of the property.

The NPP does not reduce the part of the inherited property in favor of the main heir during the distribution of the property of a deceased relative.

How to prove kinship with the deceased if there are no documents confirming the fact of the relationship?

In judicial practice, cases of establishing family ties occur quite often. In this case, the statement of claim is accepted only if there is no other way to confirm blood ties.

Petitions on this issue are regulated by the civil legislation of the Russian Federation.

In what situations is it necessary to establish the fact of a family relationship, and what evidence is required to be provided to the court in order to make a positive verdict?

Why is it necessary to establish the fact of relationship with a deceased person?

Kinship ties are blood ties between individuals with a common ancestor. Parents and children, brothers and sisters, grandparents, aunts and uncles, as well as other relatives, if necessary, have the right to officially confirm their relationship. In cases with a stepmother, stepfather, stepson or stepdaughter, this cannot be done. No matter how well the relationship develops between them, they are not considered related.

Establishment of kinship is carried out at the territorial registry office in cases where it is possible to restore lost papers, as well as in case of voluntary confirmation of paternity. In all other situations, citizens will have to submit a petition to the judicial authority.

Going to court is possible only if there is a legally significant action. Just wanting to prove blood ties with someone is not enough; filing a petition must have a compelling reason. This is most often required in the following cases:

• to confirm blood ties with the testator and accept the inheritance;
• due to errors and typos in official documents;
• to apply for a pension in the event of the death of the breadwinner;
• to confirm nationality;
• to collect alimony payments;
• to confirm blood ties between an illegitimate child and the father;
• if a citizen wants to be buried in a family crypt after death.

How to confirm family relations with the deceased?

If a citizen fails to confirm the relationship with the help of the registry office, the only way out is to establish a blood connection through the court. There are several ways to establish kinship, based on the preparation of an evidence base. These include:

1. Documentary confirmation of blood ties for accepting an inheritance - kinship is recognized as valid on the basis of original documents. The latter can be conditionally divided into two groups - those that indicate the origin of a person (birth certificate, court decisions on recognition of paternity or adoption) and those that confirm a change in personal information (documents on the conclusion or breakup of marriage, on a change of name or surname ).
2. Witness testimony - their relatives, friends and citizens living in the neighborhood can prove a blood relationship between persons. However, in the absence of other evidence, the likelihood of a positive verdict based on testimony alone is low.
3. Conducting a forensic examination - establishing the fact of relationship with the testator with the help of forensic experts. Experts review the totality of supporting evidence: written and oral testimony of citizens, results of medical research, archival papers.

READ ALSO: posthumous determination of paternity

Where should I contact?

Cases on determining the fact of blood ties fall under the jurisdiction of district courts. The application should be made at the applicant’s place of residence. If establishing a blood relationship is necessary to receive an inheritance, the application is submitted at the location of the property or other large property.

Before submitting an application, you must first pay the state fee, its amount is approximately 300 rubles. If the defendant does not agree with the decision of the court, the act can be appealed in the regional court.

What documents will be needed?

The list of documents differs depending on the situation and degree of relationship. If the relative is distant, more evidence will be required.

Before filing a claim, a citizen must collect documents and pay government costs. The package of papers includes:

• a written refusal from the civil registry office to issue documentation;
• birth certificate (if the last name has been changed, a document confirming this must be attached);
• certificate of conclusion or dissolution of a family union;
• entry in the passport about a child or spouse;
• duty payment receipts;
• general photographs of relatives;
• audio and video recordings;
• an extract from the house register or a certificate of joint residence of persons;
• pedigree;
• agreements concluded between relatives;
• witness's testimonies;
• a document stating that one person was dependent on another;
• extract from the personal file of relatives;
• notebooks and letters;
• medical record entry;
• DNA test results;
• other evidence confirming the fact of family ties.

How to write an application (sample)?

The statement of claim is drawn up taking into account the requirements of the Code of Civil Procedure of the Russian Federation. The document is written by hand or printed on a computer. Facts must be presented briefly and competently, without unnecessary emotional digressions. When writing a claim, it is recommended to use the sample, which can be found below.

The petition consists of several sections. The document contains the following information:

• name of the judicial authority;
• information and addresses of the plaintiff and specified citizens;
• title of the application;
• description of the circumstances that motivated the plaintiff to file the petition (indicate evidence and testimony of witnesses);
• the purpose of confirming the relationship and why it was not possible to prove it in other ways;
• a request to establish blood ties with a specified person;
• At the end of the petition, all additional documents are listed, the plaintiff’s signature and date are placed.

How is relationship established in court?

Establishing kinship in court is different from other civil cases. Instead of the usual meeting with the evidence put forward and its rebuttal, the decision is made without the presence of the parties, solely on the basis of the petition and the evidence provided. When making a decision, the court considers:

• whether the applicant is actually a relative of the deceased;
• what legal consequences await the plaintiff if a positive court decision is made.

The applicant is notified of the result in writing by mail or by handing over the act in person. The defendant has the right to challenge the document by filing an appeal to a higher court. The period for consideration of the application is regulated by the Code of Civil Procedure of the Russian Federation (Article 154) - 60 days from the date of filing the application.

It is extremely important to take into account the deadline for making a decision in matters relating to inheritance. As you know, you can become an heir within six months. Therefore, if you first need to prove a relationship, you cannot delay filing a claim.

An affirmative court decision is an official confirmation of kinship and can be used by the successor to receive an inheritance. Based on the judicial act, the registry office makes an entry and issues the corresponding document to the citizen.

What to do if the necessary documents are missing?

READ ALSO: sample application to establish the fact of a family relationship

Lawyers recommend adhering to the following algorithm of actions:

1. Systematize all available information about the deceased. It is necessary to remember places of residence, changes of surnames, marriages and dissolutions, presence of children and a list of property owned by the citizen.
2. Submit an application for the issuance of duplicates of the required documents to the civil registry office. This can be done online through the EPGU or by sending a written request by mail. The request is submitted at the place of residence of the testator. In this case, the registry office provides a written response about the refusal or possible issuance of documents. If restoration is possible, the applicant is required to pay the fee required for the issuance of the document.
3. A request is also made to the archive in which old documentation is stored. If the deceased relative was born before 1920, the documents are restored with the help of the church archive, since before that time vital records were not recorded, but information about children at the time of baptism was recorded.
4. With the received papers, the citizen must contact a notary office. The notary will add the person to the list of legal successors.
5. If it is not possible to restore the papers proving the relationship, the citizen has the right to file a petition in court. However, the success of the case depends on the amount of direct and indirect evidence that he was able to collect. In some cases, DNA testing is carried out and even the body of the deceased is exhumed in a cemetery.

How to prove kinship when entering into an inheritance

A will, as an expression of the will of the deceased, contains instructions for the distribution of his property in the event of death. In it, the testator has the right to bequeath his property at his own discretion.

If the deceased has not made a will, then his property is inherited by law . In Articles 1142-1145 of the Civil Code, the following lines of inheritance are approved:

1. Spouses, parents, children of the testator, including adopted children.
2. Brothers and sisters, grandparents.
3. Sisters and brothers of parents (aunts and uncles).

Children of heirs of the first three orders, by virtue of the above articles, inherit by right of representation , i.e. in the event of the death of their parents before the opening of the inheritance or on the day of the death of the testator, they acquire their inheritance right.

Subsequent queues are established depending on the degree of relationship , determined, in turn, by the number of births that separate relatives:

1. The third degree of relationship is great-grandparents.
2. Fourth degree of kinship - children of nephews, brothers and sisters of grandparents.
3. Fifth degree of kinship - children of heirs of the previous line and cousins.
4. Stepsons, stepdaughters, stepmother and stepfather are called as heirs of the seventh line.

First, the heirs of the first stage are called to inherit. Each subsequent turn is called upon if the heirs of the previous ones are absent or they all refused to accept the inheritance.

In addition, according to Art. 1148 of the Civil Code, disabled people are also heirs if they were dependent on the testator during the year before the day of death. They are called upon to inherit along with the heirs of the first priority, and if there are none, then with the second priority, etc. In the absence of other heirs, they are recognized as heirs of the eighth order.

Document confirming relationship with the deceased

As a rule, relationship with the deceased is confirmed through birth certificates , which establish family ties.

For example, to establish the relationship between an uncle and a nephew, the birth certificate of the nephew and the birth certificates of his father and uncle, which indicate the same parents . The last two documents confirm that father and uncle are each other's brothers.

To prove kinship, civil status records stored in the civil registry office are used. Before the establishment of the civil registry office, i.e. Until 1918, records were handled by local churches, which recorded them in metric books , which are currently stored in archives.

How to prove relationship with mother if surnames are different

If for some reason the child and mother have different surnames , then documents confirming the change are required to prove the relationship. These may include, for example, a marriage certificate if the surname changed in connection with it. In general, such a document will be a certificate from the civil registry office.

If the discrepancies in surnames are insignificant and arose due to technical errors , then you should contact the registry office with an application for a change in the corresponding entry.

Such minor errors can be considered the use of the letters “b” and “i”, for example, according to documents, the mother’s surname is “Terentieva”, and the daughter’s surname is “Terentieva”.

According to the rules of the Russian language, in proper names you should not use the letter “e” as “ё”, on the basis of which the notary may not issue a certificate of inheritance.

However, based on the positions of the courts and the letter of the Federal Notary Chamber No. 279/06-06 dated 15.02.

2013 “e” and “e” in given names and surnames are equivalent if the person can be unambiguously identified from other information.

If the registry office for any reason refuses to make corrections, then this decision can be appealed in court.

How to confirm your relationship with your grandmother to receive an inheritance

Kinship ties with the grandmother are confirmed in almost the same way as kinship with parents . For this you need:

• Birth certificate of a grandson (granddaughter).
• Birth certificate of the father or mother, in which the grandmother is indicated as the mother.

In general, this is enough to establish the fact of relationship . But other documents may be required:

• If a parent or a grandson or granddaughter has changed their name (surname, patronymic), then you will need to have a certificate from the registry office confirming this. Moreover, such evidence will be required for each name change.
• In the case when a grandson receives an inheritance from his grandmother by right of representation or transmission, i.e. his parent died before accepting the inheritance property, then it is necessary to provide a certificate of his death.

How to prove relationship if there are no documents

Heirs do not always have the necessary documents to accept an inheritance. a birth certificate may be lost or damaged . In this case, you will have to obtain these documents if they were not issued previously or restore them if they were lost.

First of all, you need to contact the civil registry office to obtain a duplicate of the required certificate. This can be done both by the person in respect of whom the relevant civil status records were made, and by others interested in the event of his death.

The following must be attached to the application:

• the applicant's identity card;
• death certificate of the testator, if a document regarding him is required;
• document confirming relationship with him:
  • birth or adoption certificate;
  • documents confirming the change of surname, name and patronymic of the applicant and (or) the person in respect of whom the document is required;
  • certificate of paternity;
• a document confirming the applicant’s interest in obtaining a duplicate certificate - a certificate of opening an inheritance case or a will.

The application must be submitted to the registry office in which the corresponding entry was made . If it is located in another city, documents can be sent by mail or through the local registry office.

Confirmation of relationship through court

If it is not possible the relationship is established in court. According to the Code of Civil Procedure, the court, in a special proceeding, considers cases of establishing family relations as facts of legal significance and on which the change in property rights depends.

Since in such cases special proceedings are being conducted, and not a claim, the application is not filed as a claim. Also, the one who submits the application is considered the applicant, not the plaintiff.

An important condition for this, in accordance with the Civil Procedure Code, is the impossibility of proving relationship in any other way, if the necessary documents that can confirm family ties cannot be obtained or restored:

• The documents were lost beyond the possibility of recovery. For example, if the registry office in which the entry was made no longer exists , and the entries themselves were lost during the transfer.
• The necessary documents are in the possession of another person, and he refuses to provide them, or his whereabouts are unknown, and contacts with him are not maintained. For example, one of the parents may not give up their birth certificate.
• It takes too long to wait for documents. There are cases when the heir is a person born in another country and the necessary papers will have to wait so long that the period for accepting the inheritance will expire.

To substantiate your claims, you need to collect as much evidence as possible . When determining kinship, these may include:

• Letters, postcards, telegrams, etc., from which a relationship is observed.
• Testimony of witnesses - relatives, acquaintances, neighbors, colleagues, etc.
• Results of genetic testing.
• Certificate of recognition of paternity.

The period for considering an application to establish the fact of a family relationship and making a decision is 2 months .

Application to establish the fact of family relations with the deceased (sample)

Application, according to Art. 266 of the Code of Civil Procedure, is filed with the court at the place of residence of the applicant or at the location of the real estate, if, together with the relationship, the fact of ownership and use of it is established. It is drawn up according to the rules established for a statement of claim , in writing and contains:

• Name of the court to which the applicant is applying.
• His personal data - full name and residential address.
• The court is asked to establish the existence of a family relationship.
• Justification for the impossibility of confirming relationship in another way.
• Statement of facts proving family ties.
• List of attached documents, which include:
  • Photocopy of the application.
  • Documents serving as evidence of the applicant's position.
  • Receipt for payment of state duty.
  • A copy of the power of attorney, if interests in court are represented by another person.

Establishing the fact of family relations with the deceased: judicial practice

According to the Code of Civil Procedure, the application must indicate for what purpose proof of relationship is required. Often, confirmation of the fact of family ties is necessary when accepting an inheritance.

It is extremely important for the applicant to prove that his property rights depend .

Thus, in 2017, the Nagatinsky Court of Moscow, in case No. 02-0569/2017, refused to determine family relations due to the fact that the applicant missed the deadline for accepting the inheritance and could not lay claim to the property of his deceased uncle.

However, it often happens that the need to determine kinship arises when there is a dispute over inherited property. In such cases, the court does not accept the application to establish kinship and recommends filing a statement of claim, during the consideration of which kinship ties will be established.

For example, in case No. 2-494/14, considered by the Budyonnovsky City Court of the Stavropol Territory, the claims were denied on the basis of lack of evidence.

There was a one-letter difference in the surnames of the uncle and niece, however, the witnesses could not say anything about them .

Considering that the registry office refused to make changes to the acts, the court considered that the relationship had not been proven.