How to register an inheritance after the death of a father

Sooner or later, children have to learn how to enter into an inheritance after the death of their father without a will, as well as how to check its existence.

Depending on this, the procedure for dividing property will vary between relatives.

Therefore, it is important to timely declare your rights to inheritance, since children are in the first line of inheritance and have the right to receive the property of their parents.

Legislation

The legislation is sensitive to this issue, so relatives are given 6 months to declare their rights.

Many people doubt whether it is necessary to enter into an inheritance if no one claims it?

It is important to know that relatives have the right not to enter into an inheritance if they do not want to own the share of property assigned to them by law or by will. However, this is mandatory if a person wishes to formalize the rights to this inheritance.

First of all, the following property is taken into account for inheritance:

• real estate;
• personal transport;
• weapon;
• some other types of property subject to mandatory registration.

Such objects cannot be registered on the deceased person longer than the period established for accepting the inheritance. Accordingly, in the absence of an application from relatives, this property will be considered escheated and become the property of the state.

From this moment on, the heirs will not be able to own, manage or use this property.

Therefore, in order to avoid such a situation, you need to know how to formalize an inheritance after the death of your father without a will, and also check for his absence.

Procedure

To know where to start entering into an inheritance, you need to know the general procedure for this procedure. It will be as follows:

1. The first step is to check whether the deceased relative has a will.
2. If there is a will, the division of property will be carried out by a notary in accordance with the will of the deceased and in compliance with the laws of the country.
3. If there is no will, the children must collect all the documents and make a list of the property owned by the deceased parent.
4. Next, the first-degree relatives must write a statement to the notary about their desire to enter into the inheritance.
5. After 6 months from the date of death of a person, the notary will divide the property between all first-degree relatives who have applied in accordance with the current legislation.

This procedure is provided for by law in both cases . First of all, the division is carried out according to a will, and only in its absence is the division carried out according to law.

Checking a will

It is necessary to submit an application to a notary in the first six months after the death of the father or mother.

To do this, you need to find out whether there is a completed will. Quite often there are situations when children did not even realize that their parents left a disposition document with the notary in the event of their death.

To obtain information about the possible existence of a will, please contact:

• to the notary office at the place of registration of the deceased parent;
• to a notary at the place of real estate owned by the deceased person;
• to any notary if the other two options are difficult to implement.

A will is usually registered at the location of the real estate or at the place of registration of the citizen. Therefore, it is best to contact directly those notary offices that are subordinate to these addresses.

It is enough to visit one of them. Using the general database of notaries, they will check the presence of a registered will.

If there is one, then relatives will be informed at what address to contact.

In its absence, it will be opened at the place of registration or at the location of the property. Usually these addresses are the same.

Who is eligible

First of all, inheritance according to law includes:

• spouse (in this case, he is separately entitled to his legal second half of jointly acquired property);
• parents of the deceased;
• children;
• disabled dependents.

Moreover, such dependents may include not only relatives, but also strangers, for example, an unofficially registered wife, if she is officially incapacitated and the fact of dependency is confirmed.

For this category of citizens, the following conditions must be met to obtain the right to claim an inheritance:

• mandatory disability (temporary or permanent);
• cohabitation with the deceased for at least 12 months in the last year (for step dependents);
• receiving financial support from the deceased during the last year;
• material support was the only source of income for the dependent.

By law, such an heir can only claim a quarter of the deceased’s entire property, even if he is the only claimant to it.

Allocation of the spouse's share

The important nuance here is that not all property is subject to equal division. The spouse, by law or by marriage contract, has a certain share of the joint property.

According to family law, joint property includes the following:

1. Everything that was purchased with funds from the family budget earned during the period of marriage. This may include real estate and movable property, cash, shares, shares, securities and other valuables.
2. Various compensations, pension benefits, even those related to loss of health.
3. Regardless of whether one of the spouses works or not, as well as the reasons why he does not have income, the entire family income is considered joint during the marriage.

The following properties are an exception to this rule:

1. Everything that was owned by a spouse before marriage.
2. Everything that he received by inheritance during the marriage and before it.
3. Everything that was received by the deceased as a gift, as well as under other gratuitous agreements.

Also, this procedure does not apply if a marriage agreement was in force between the spouses. If it exists, division is carried out on the basis of a drawn up agreement.

Accordingly, the division of property will be carried out in the following order:

1. First, the notary will allocate the common joint property of the spouses.
2. Next, he will select his wife’s property from this list.
3. After this, all of the father’s personal property, as well as his share of the joint property, will be divided equally among all first-degree heirs in equal numbers, with the exception of dependents.

If the deceased was not married, then all his property will be divided without allocating the spouse’s share.

Division of inheritance between children

Many relatives do not know how the inheritance is divided between children after the death of their parents, especially if they are from different marriages.

There are several nuances you need to know:

1. Regardless of the fact that children are born from different marriages, they have the same right to claim their father's inheritance.
2. Stepsons and stepdaughters have the right to inheritance only in the seventh order.
3. Adopted and natural children have equal rights in the first place.
4. Children born out of wedlock are also considered first-degree heirs.
5. Children born during the father's lifetime, as well as after his death within the next 10 months, have the same rights to inherit the father's property.
6. Children whose father was deprived of parental rights have the same rights as other children.

Thus, if a father dies, all his children have equal rights, regardless of their status. This fact is confirmed by the birth certificate, where the father of the newborn must be entered.

If there is a dash in the line, or another person is written down, the fact of paternity must be confirmed by a medical examination and established in court.

How to find out the size of the inheritance

Sometimes there are situations when the legal heirs do not know the entire list of property owned by their father. And if there is no will, they must find out. Few people have information on how to find out if there is an inheritance.

To do this, you need to submit a request for an extract:

• from tax authorities;
• from EGRN;
• from the traffic police.

The Unified State Register of Real Estate records all real estate . Therefore, they can provide an extract of what the citizen owned. To find out whether there was ownership of the car, you will have to submit a request to the traffic police or tax authorities.

The tax office can provide information about all property that is subject to taxation, but this information is updated after the end of the calendar year.

And in this case, you can skip the deadlines for entering into inheritance. Therefore, sometimes you have to apply individually for each extract.

Documentation

In addition to how to properly enter into your rights, it is important to know what documents are needed to enter into an inheritance after the death of your father.

These include the following papers:

1. Personal passports of each heir.
2. Children must present their birth certificates proving that the deceased person was their father.
3. The spouse must provide a marriage certificate, if there is a divorce, about the divorce.
4. The parents of the deceased must provide a certificate from the deceased himself, which identifies his official parents.
5. Other dependents must provide documentary evidence that they meet all required conditions.
6. Certificate of death of the father, or a court decision declaring him dead.
7. A list of property with documentary evidence that the deceased was the owner. These may be certificates of registration of rights, extracts from relevant authorities and other supporting documents.
8. If any of the legal heirs decides to renounce in favor of someone else, or simply refuse, an appropriate waiver must be provided.
9. A document confirming the last place of residence of the deceased. This could be a certificate from the passport office.
10. An extract from the house register confirming the deregistration of a deceased citizen.
11. Receipt confirming payment of the state duty.

In 2023, the following state duty rates are provided for the use of notary services when entering an inheritance:

• drawing up the entire list of inherited property – 600 rubles;
• opening an envelope in the presence of a will - 300 rubles;
• certificate of will – 100 rubles.

In addition, you will also need to issue a certificate of inherited right, which will become the title document for registering property rights.

The cost of its registration will be as follows:

1. For first-priority heirs, the fee cannot exceed 100 thousand rubles, but cannot be less than 0.3% of the value of the inheritance.
2. For other heirs, this amount is 0.6%, but cannot exceed 1 million rubles.

The successor can save money if he submits documents assessing the value of the inheritance not at market rates, but at cadastral rates. If two documents on the value of the property are available at the same time, the lower price is taken into account.

It is necessary to make copies of all documents . Notary offices also provide copying services, but they are several times more expensive. Therefore, if you want to save money, you need to prepare copies in advance.

Along with copies, the notary is given the originals of all papers. He checks the authenticity of these documents. It is also important to note that the papers provided should not be expired. All documents must be valid.

In addition, additional documents will be required, depending on the type of inherited property. These include:

• title document for real estate, confirming the legal basis for registration of ownership;
• technical plan of the premises;
• assessment of the value of real estate on the date of death of the testator;
• real estate cadastral passport;
• certificate of absence of debt on taxes on inherited property;
• technical passport of vehicles;
• supporting documents for ownership of various deposits, shares and other securities.

All these documents are necessary for the notary to verify the grounds for the legality of ownership of this property . Such a check will eliminate the misappropriation of rights to someone else's property.

In addition, the notary will provide an application form that will need to be filled out. It can also be found in trusted Internet sources.

Applications and documents must be submitted by heirs within the first 6 months. After the end of this period, the notary sets a time and date for the meeting and division of the inheritance.

Based on all the documents, he makes a division between the legal successors and issues them a certificate of receipt of inheritance rights to certain property.

It is important to know after what time you can assume the rights of an heir . This can only be done after the official registration of property rights on the basis of a certificate obtained from a notary.

If the successor does not register his right in the prescribed manner, he will not be able to fully dispose of this property, including carrying out any transactions with it.

Rights to inheritance after the death of the father

The death of a father is a difficult experience that must be overcome. And it is no less easy at first to realize that along with the death of a close relative, the need to collect documents arises. Life does not stand still, and if the father had property, then it is worth taking care of the inheritance registration as soon as possible.

Entering into inheritance after the death of the father is a standard legal procedure. There are certain steps and nuances that are useful to know about. In this article we will talk about what an inheritance may include, how to enter into an inheritance, what documents are needed for this, and much more.

What is an inheritance?

The inheritance after the death of the father can represent a wide variety of property, material benefits or obligations. In addition to things or funds, you can also inherit the debts of a relative, namely, existing loans. That is why, before entering into an inheritance, it is recommended to obtain information about the debts of the testator.

If we talk specifically about debts or existing loans, there are two types of obligations:

1. Personal obligations. Obligations in this case must be inextricably linked with the personality of the deceased. As a striking example, we can consider the payment of alimony; a guarantee also belongs to this type.
2. Other obligations. These obligations are secured by contracts that are not tied to the personality of the deceased. These include loans that include possible late payments and penalties in addition to the principal debt.

Inheritance also includes copyrights, royalties for the fruits of intellectual labor, cars and car insurance. The inheritance after the death of the father can be received by will or in the general manner prescribed by law.

When dividing property, it is necessary to evaluate it. The notary will not understand all the intricacies of value assessment, so it is worth contacting the relevant appraiser bureaus or similar organizations.

How to join?

An inheritance can be considered to have taken place after the fact if the heir looked after the property, took care of things, paid for utilities and performed other important actions before entering into the inheritance. It is only worth considering that although the heir may for some time behave as the owner of the property, he does not have the right to make transactions, sell or otherwise change the presented property .

According to the law, there are two ways to enter into inheritance:

1. Based on the order of succession, that is, according to the law.
2. According to the will.

On entering into inheritance according to law

If there is no will, then inheritance occurs in accordance with the queues established by law. The queues are several groups, where the first is the closest relatives: children, parents, spouse or spouses of the deceased. The right to inheritance in the event of the death of the father belongs to the first priority, since the family connection is the closest.

In addition to the first line, there are others that are distributed according to the degree of relationship. Up to the seventh, which is relatives who do not have a blood connection. This could be a stepfather, stepmother, stepdaughters and others. It happens that inherited property can be contested in favor of one of the relatives who have not previously declared themselves, if they prove their right to it.

If there are no heirs of the previous order, the right of inheritance passes to the next in order. There is also such a thing as the right of representation.

It can be used by the children of an heir who died before assuming inheritance rights.

If the heirs are not found, the property is recognized as escheated and transferred to the state, more about this in this article.

On entering into inheritance under a will

According to this document, the person designated by the deceased himself during his lifetime enters into the inheritance. Moreover, this may not even necessarily be a relative.

The testator can name either a close friend or a distant relative in the will. There were even cases when, in a will, the bulk of the property was inherited by the deceased's pet.

This document can make very significant changes to the distribution of inheritance.

A will can be open or closed. In the first case, you will learn in advance about its contents, and exactly what share according to the will will be assigned to you.

With a closed will, everything is somewhat different, because even its existence can be found out in advance through a special registry. Notaries have access to such information, so you should check with a notary about the existence of a will.

The contents of the will will not be indicated there; you will only be able to find out about the fact of its existence. And after receiving the death certificate, the notary is obliged to familiarize all possible heirs with the contents of the will.

This is done within two weeks, always in the presence of two witnesses, and the envelope itself is read out immediately after opening. After reading, the data indicated there begins to be entered into the documents.

Entry dates

From the day of death or recognition of a citizen as dead by the court (if he is missing), the inheritance itself opens to the testator. However, you cannot immediately start registering the property, because you need to wait for the required period.

The fact is that according to the law, six months are allotted for accepting property. This period is given to notify all heirs, as well as so that they have time to submit an application for the right of inheritance.

It is worth considering that even the end of six months may not be the final date, because there are exceptions. They are applicable in cases where the heir could not find out about the fact of inheritance. Typically good reasons for this include:

• Staying abroad;
• Hospital stay;
• Being on a long-distance voyage;
• Staying in service abroad.

In order to indicate the fact of inheritance, it will be necessary in this case to submit an application to review the distribution of the inheritance. If a positive decision is made on the application, then a letter will be sent to all heirs canceling the decision and revising the date. It will be scheduled for another day, on which a review of the shares of property will take place.

Helpful advice

Please note that if there is a good reason, you will need to document it. You can prove what you simply could not find out about the inheritance with the help of sick leave, contracts for military service or other documents, depending on the reason itself.

What documents need to be collected?

Whether there is a will or not, the documents must be collected and submitted to the notary. All of them are submitted within the deadline described above, and their direct purpose is to prove the fact of kinship and your right to inheritance.

Collecting such documents can be a very difficult task, although the list is not that long.

The main documents that are needed to enter into an inheritance are:

• Heir's passport;
• Father's death certificate;
• Birth certificate of the heir (or document confirming relationship with the deceased);
• Certificate of last place of residence or registration (you can get it from the Housing Office or use an extract from the Federal Migration Service);
• Documents about inherited property (savings books, documents for a house or apartment, purchase and sale agreements, certificates and other documents for property);
• Inheritance valuation documents (cadastral or inventory value, market value is also taken into account);
• A receipt or other document confirming payment of the state fee for obtaining a certificate of inheritance.

Since the inheritance is usually opened at the place of residence of the deceased, you need to contact the district notary. If there is a will, then to the notary who drew it up. You should apply even if you do not have a complete package of documents, because in this case the notary will help you with this. He will tell you what documents are still needed and give instructions on how to obtain them.

How to enter into an inheritance after the death of a father: The right to inheritance and registration

“How to enter into an inheritance after the death of a father” is a similar question today asked by many citizens of the Russian Federation. This article will highlight the main points that need to be taken into account when entering into the right to inherit after the death of a close relative. For all related questions, you can contact the legal specialists of the portal.

Consultations are conducted by lawyers competent in the field of civil and tax law. Help is provided free of charge.

Methods of transferring inheritance

Currently, there are two main methods by which material wealth can be transferred after death:

• Through a will.
• In accordance with the law.

Will

The document that states the deceased's last wishes regarding his or her property is called a will. The features of this document are as follows:

• Such a document is drawn up by the testator and certified by a notary firm.
• In accordance with this document, material assets can be transferred to absolutely any person (even a legal entity).
• Information about persons inheriting property should not be disclosed until the death of the testator.
• Such a document is written strictly according to the form, otherwise it can be challenged.

When dividing property under a will, there is such a thing as a compulsory share - that is, disabled and minor persons have the right to the property of a deceased relative, even if they were not included in the will. But the part of the material benefits that can be obtained in this way is half as much as they are entitled to under the law (if there were no will).

In accordance with the law

If the deceased did not leave a will, then his material assets are inherited by relatives - close or distant. If the deceased does not have any, his property benefits become the property of the state.

In this case, the principle of priority is observed. First, close relatives - direct heirs (wife, parents and children) can claim their rights.

If there are none, they refused the inheritance or were found unworthy, then the material assets of the testator are received by relatives of the second and subsequent orders.

How to register an inheritance after the death of a father?

In the case where the deceased left a will, it is necessary to contact the notary company in which it is stored. In such a situation, there is no need to identify the heirs - they are indicated on the paper. In addition, there is no need to divide the property into shares - this has already been done by the testator.

To receive an inheritance after the death of the father without a will, you must contact the district notary firm at the last place of registration of the testator or the location of the real estate. In addition, in such a case, shares are distributed among all legitimate claimants.

What is the procedure for receiving an inheritance?

In any of the above, the inheritors must follow several steps in order to assume rights:

• collect the necessary documents;
• contact a notary company;
• to write an application;
• pay a fee;
• register some property assets.

Documents that will be needed if you want to register an inheritance after the death of your father

In order to enter into inheritance rights, an applicant who is a child of the deceased must provide:

• a document proving his identity;
• father's death certificate;
• property papers;
• birth certificate;
• documents confirming the last place of registration of the deceased.

After collecting the necessary papers, the first heirs after the death of a relative must visit a notary firm and write an application.

In such a document, it is necessary to indicate information about the notary company, the data of the testator and heir, and also provide a list of material assets.

“How is the inheritance divided after the death of a relative?” - this is the question many people ask today. There are two methods for dividing property values.

The first applies if the deceased has only parents and children among his close relatives - then all material wealth will be divided into equal parts according to the number of inheritors.

If the testator has a legal spouse, then first the share of the wife or husband is allocated - it is exactly half of all values. Then, the remaining half is divided among all eligible first-line applicants (including your spouse).

State tax and state duty

As you know, receiving material benefits through the inheritance procedure is not subject to tax, but the inheritor will have to pay a state fee. For close relatives of the deceased, it will be 0.3 percent of the value of property benefits, but not more than 100 thousand rubles.

Registration of property to the new owner

Please note that if the testator left behind real estate, as well as a car, they must be registered to the new owners who inherited them.

How long does it take to enter into the right of inheritance? According to the law, you can claim your rights to the material benefits of a deceased relative within six months.

Special cases of inheritance after the death of a parent:

Can a child born out of wedlock inherit property?

Yes, such a person has the same rights to the material benefits of the deceased as other first-degree heirs. Please note that the fact of paternity in such a situation must be documented or proven in court.

What is the situation with the inheritance rights of an adopted child?

If the child has been adopted, he receives the right to inherit property from the person who has become the adoptive parent. In addition, an adopted child cannot receive an inheritance from a biological parent. An exception is the case when the connection with one of the parents is not lost - then the child has the right to receive an inheritance, both from the adoptive parent and from this parent.

Can a person whose father was deprived of parental rights enter into inheritance rights?

Yes, such a possibility exists. But a father or mother deprived of parental rights will not be able to receive property values ​​after the death of a child.

What to do if one of the heirs is an unborn child?

After the death of the testator, his pregnant wife remained - a similar situation occurs quite often in legal practice. In this case, it is necessary to wait for the birth of the baby, because he will be the rightful heir of the first stage.

What to do if the heir is a minor?

The heir has not reached the age of 18 - such cases often occur today. In such a situation, the child’s guardian should handle the paperwork, but at the same time, all property assets should be registered in the name of the minor. The exception is the case when the heir is 16–18 years old and he officially provides for himself.

Father's inheritance after his death

The head of the family may die without leaving a will , and this situation is the most common in Russian reality.

If he did not leave a will, then all his property passes to his heirs by law .

The legal heirs realize their succession in the order provided for in Articles 1142-1145 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and Art. 1148 Civil Code of the Russian Federation:

1. First of all, children, wife and parents ;
2. , brothers and sisters , as well as the father’s grandparents, are called upon to inherit ;
3. Third-stage heirs include uncles and aunts .

According to Art. 141 of the Civil Code of the Russian Federation, heirs belonging to each subsequent line can receive the property of the deceased if there are no heirs of the previous line or if they exist, but:

• do not have the right to receive an inheritance;
• excluded from such succession (under Article 1117 of the Civil Code of the Russian Federation);
• deprived of inheritance (according to paragraph 1 of Article 1119 of the Civil Code of the Russian Federation);
• none of them accepted the inherited property;
• they all refused the inheritance.

In very rare cases, it happens that there is no one to inherit within the first, second or third stages. In such cases, everything that belonged to the deceased goes to his more distant relatives , namely:

1. to great-grandparents (fourth stage);
2. to cousins' grandchildren and great-aunts and grandfathers (fifth stage);
3. to great-great-grandchildren, first-cousin nephews and great-uncles and aunts (sixth stage);
4. to stepdaughters, stepsons, stepmother and stepfather (seventh stage).

As follows from paragraph 2 of Art. 1141 of the Civil Code of the Russian Federation, the heirs of each line receive equal shares of what the testator has acquired. The exception is succession by right of representation .

According to Art. 1146 of the Civil Code of the Civil Code of the Russian Federation, the right of representation is the transfer of the share of a legal heir who died before the testator or at the same time as him, to his descendants. In this case, the share of the deceased heir is divided among his descendants in equal parts. However, it is important that such a deceased heir is not disinherited or deprived of the right to inherit.

According to Art. 1148 of the Civil Code of the Russian Federation, if by the day of death the father had disabled dependents (regardless of the fact of living together with him) or other dependents who lived with him for at least a year, who have the right to receive anything, because they are not his legal successors, then they inherit together and equally with other persons.

Inheritance after the death of the father by will

When a father leaves a will , it is somewhat easier to determine his legal successors, because they are almost always directly named in this document.

A will is the only way to dispose of your property in the event of your death. Only a legally capable citizen can make a will. Making a testamentary disposition through a representative is not permitted.

In a will, a person can transfer what belongs to him or will belong to him to any persons (including legal entities) in any shares, as well as deprive someone or all heirs by law of inheritance (according to Article 1119 of the Civil Code of the Russian Federation).

The testator may appoint a person responsible for the execution of his will (executor of the will). This could be one of the heirs, or a complete stranger whom the deceased trusted. The powers of this person under Art. 1135 of the Civil Code of the Russian Federation include:

• ensuring the transfer to the heirs of what is due to them in accordance with the law and the will of the testator;
• protection and management of the inheritance to protect the interests of the heirs (this can be done by the executor of the will either independently or through a notary);
• receiving money and other property due to the testator and transferring it either to the heirs or other persons;
• execution of a testamentary assignment (the testator's order to perform a certain property or non-property action to achieve a generally beneficial goal);
• the requirement to fulfill a testamentary refusal (the testator's order to fulfill a property obligation at the expense of the inheritance in favor of a third party) or a testamentary assignment from the heirs.

The father's freedom of will is limited by law. Regardless of the contents of the will, the father is inherited by minor or disabled children, a disabled wife and disabled parents. At the same time, such persons receive at least half of what they could count on when inheriting by law. This rule is necessarily a share.

How to inherit after the death of your father

To formalize their inheritance rights, persons inheriting from their father must perform the following actions:

First, you need to collect all documents , namely:

• passport of the recipient of the inherited property;
• father's death certificate;
• documents confirming relationship with the deceased;
• documents for inherited property (for example, a registration certificate for a car, a certificate of ownership of real estate);
• documentary evidence of the father's last place of residence.

Secondly, it is necessary to visit the notary at the place of opening of the inheritance (at the father’s last place of residence) and submit to him an application for accession to inheritance rights. This should be done within six months from the date of the father’s death or his recognition as dead by a court decision.

Thirdly, under the guidance of a notary, you will need to evaluate all inherited property and collect other necessary documents (if necessary). Property valuation allows you to determine the amount of state duty for issuing an inheritance certificate.

Fourthly, the notary will check all the documents presented to him and issue a certificate of inheritance rights (either for each of the heirs, or for all heirs in the form of a single document). He will be able to do this only after the six-month period has expired from the date of his father’s death.

Thus, on the basis of the received certificate, the heirs become the owners of the property of the deceased father.

If there is no notary at the place of opening of the inheritance, then an application for acceptance of what is due to the heir may be submitted to another authorized official. As usual, such a person is an employee of the local administration.

What to do if your father disinherits

It happens that in the will the father deprived one or several persons of the right to receive at least something after his death.

If such failed heirs believe that this decision of the father was unfair, then they can file a lawsuit to declare the will (in whole or in part) of the father invalid.

A positive decision on such a claim can be made if it is proven that:

1. the father was incompetent or his legal capacity was limited by the court;
2. the father at the time of making the order did not understand the meaning of his actions;
3. the father made the will under the influence of deception, threats, and delusion.

A post-mortem psychological and psychiatric examination plays a major role in proving the above facts . It can be appointed by the court only if the plaintiff proves that the deceased had a defect of will at the time of drawing up the disputed document.

If the person who signed the will was of sound mind and blessed memory, then it will be almost impossible to recognize such a document as invalid. This also applies to those situations where the father, by one action, deprived all legal successors of the right to inherit.

In some cases, a testamentary disposition is invalid from the outset , and there is no need to wait for a court decision to recognize it as such.

In particular, this may be if the document was drawn up in violation of the requirements of the law (for example, the testator was incompetent, did not sign the document or did not take it to a notary for certification, or if the notary signed the will as a witness, which is prohibited by law).

How to register the inheritance of a father who married shortly before his death

It happens that shortly before his death, the father marries a second time. In this case, children from the first marriage will quite reasonably consider themselves the legal successors of their father. This situation is always complicated by the fact that the new wife of the deceased has only a legal, but not a moral right to receive something after his death.

It is important to remember that both children from the first marriage and the second wife are heirs of the first priority , if the father has not disposed of his property in a documented manner. All of these persons receive equal parts of the father's property. At the same time, what is considered the joint property of the father and his wife will not be divided among the heirs.

Remember that if the father bequeathed all his property to his new wife, he will have to accept his last decision, or challenge its validity in court.

What to do if the father died without entering into an inheritance

If the father dies without having time to enter into the inheritance rights that arose after the death of another testator, then the rules on hereditary transmission . This institute is enshrined in Art. 1156 of the Civil Code of the Russian Federation. According to the norm of this article, if the father, as an inheritor of another person, dies without having time to accept what was due to him by law or by will, then the right to accept the corresponding property passes to his legal successors .

The father's legal successors may receive property not accepted by him if they are:

1. those who succeed him by law ;
2. those who inherit by will , if the father in this document bequeathed everything that belonged to him (because if he disposes of only part of the property , those who inherit by will are not called upon to inherit according to the rules of transmission). B. bequeathed his house and dacha to his daughter A., ​​and his apartment to his wife V. In May 2014, his father T. died, bequeathing his business to B. In August 2014, B. himself died suddenly, not having time to accept what was due to him.

The wife and daughter hoped that instead of B. they could inherit the business of T.’s grandfather, but they could not, because B. bequeathed strictly defined property to them. As a result, B.’s daughter from her first marriage was called to inherit by right of transmission as an heir by law.

In addition, it may happen that the father dies before the inheritance opens , to which he would have the right to claim, or at the same time as the person for whom he could inherit.

In particular, the right to receive such inherited property passes to the descendants of the father (that is, to his children, grandchildren, great-grandchildren).

Remember that transmission is different from the right of representation, the time of death of the father relative to the time of death of the person he could have succeeded. In addition, the right of representation applies exclusively to the descendants of the father, but not to all his legal successors.

The son's rights to inheritance after the death of his father by law

One of the questions about inheritance is related to the rights of claimants. Who exactly has the rights to join and how to apply for them? In this article we will talk about whether a son has the right to inherit after the death of his father, how entry occurs and what you need to know.

Son's rights to father's inheritance

Children are one of the main contenders for inheritance after the death of their parents. A son can receive the property of his deceased father:

• According to the law, as the successor of the first line.
• By will, as an heir included in the testamentary document.
• Based on the right of compulsory share.

It is possible to become an heir both by will and by law. The son in such a situation will receive everything that the testator gave him, and will also take part in the division of property not included in the will.

A compulsory share is the right of the son, as well as other successors of the first legal priority, to receive a special part of the inheritance if the testator made a will not in their favor. A mandatory share in the amount of half of the legal share is provided:

Daughters and sons may apply to receive property as an inheritance from their father if they:

• Born in an official marriage.
• Born in a previous marriage.
• Born out of wedlock, but officially recognized by the father.
• Were adopted or adopted.

What is the son's share of his father's inheritance? The child can become either the sole successor and receive all the property, or become one of several recipients. The size of the share can be determined by the testator himself in the will or by a notary. As a rule, the deceased's estate is divided equally among all claimants.

It happens that in the will the father deprived one or more children of the right to receive at least something after his death. If such failed heirs believe that this decision was unfair, then they can file a lawsuit to declare the will (in whole or in part) invalid. A positive decision on such a claim can be made if it is proven that the father:

• was incapacitated or limited in capacity by the court;
• at the time the order was made, he did not understand the meaning of his actions;
• made a will under the influence of deception, threats, or delusion.

A post-mortem psychological and psychiatric examination plays a major role in proving the above facts. It can be appointed by the court only if the plaintiff proves that the deceased had a defect of will at the time of drawing up the disputed document.

Is it possible to deprive a child of the right to inherit?

Children cannot always become heirs of their parents. This possibility is provided for at the legislative level. The son will not receive the right to inheritance after the death of his father if he:

• Not included among the heirs under the will.
• Recognized by the testator as unworthy of the right to inherit.
• I missed the deadline for registering an inheritance.

The son may not receive an inheritance from the father even if the child decides to voluntarily refuse to join. To do this, an adult capable citizen must write a statement of non-acceptance of the inheritance.

The son or daughter of the testator has the right to refuse entry with the possibility of transferring his unaccepted share to another recipient. You cannot refuse an inheritance in favor of persons who are not heirs.

It is impossible to refuse to enter into an inheritance if the successor is the only recipient of the property under the will or has the right to allocate a compulsory share. Minors or incompetent candidates cannot independently refuse to accept an inheritance.

There is also, by law, the forcible deprivation of rights of entry to a son or any other heir. The court may deem an applicant unworthy if the defendant:

• Committed a crime against the testator.
• Avoided fulfilling legal obligations to the testator.
• He received an inheritance illegally and hid part of the property.
• Prevented other persons from entering into inheritance.

If there is evidence of one of the described acts, the court may recognize the child of the deceased as an unworthy heir and deprive him of the right to join. Any successor can initiate legal proceedings by preparing the appropriate evidence.

Who else will be the heir?

After the death of the father, two sons can receive the left property as an inheritance in equal shares. But, in addition to children, other relatives can also take part in inheritance. Who has the right to receive property on an equal basis with the sons and daughters of the deceased?

The testator has the opportunity to independently determine the circle of his successors by drawing up a will for this purpose. In the document, children may or may not be the only heirs. It is possible that sons will be completely deprived of the right to join.

According to a will, all persons named in the document can be called to inherit, even if they are not relatives of the testator. Children who were not included in the number of applicants under the will can take part in the inheritance of the obligatory share or non-inherited property.

In the absence of a will, the following will be called upon to enter into force:

• Legal relatives, consisting of one of seven orders.
• Disabled dependents of the deceased.

Inheritance by law is also carried out in relation to the part of the inheritance that was not distributed by the deceased under the will. Children adopted by other persons, as well as common-law spouses, cannot join.

The first priority according to the law is the children, husband or wife of the deceased, as well as his parents. Spouses may receive a larger share of the property, and the property is divided equally among the remaining successors.

Registration of inheritance after the death of the father

All methods of accepting an inheritance are defined in Article 1153 of the Civil Code. The main way to join is to contact a notary office to obtain a certificate. How does acceptance of an inheritance take place? So, to register you need:

Submit an application for membership.

You can receive an inheritance after the death of your father through a notary. To do this, you need to write an application for acceptance of inheritance and submit it to a lawyer using one of the available methods.

Incapacitated or minor applicants cannot apply for membership on their own. Instead, their legal representatives should handle the registration.

Prepare a package of documents necessary for registration of inheritance rights.

Documents, as well as an application for entry, can be submitted through an official representative of the heir, by mail, or during a personal visit to a lawyer. Applicants must restore missing papers.

Remember: it is impossible to inherit property that did not belong to the testator or was not registered by him during his lifetime.

Assess the estate and pay the state fee.

An inheritance assessment is necessary to determine the amount of tax upon entry. An extract from the Unified State Register of real estate indicates its cadastral value, so it is not necessary to evaluate housing or land.

In the absence of information about the value or at the request of a notary, the heirs can evaluate the inheritance themselves by turning to the services of professional appraisers.

Obtain a certificate of inheritance.

The certificate is issued six months after the death of the father and is a document that officially confirms the rights of successors to join.

All actions aimed at registering an inheritance must be completed within six months from the date of death of the giver (Article 1154 of the Civil Code of the Russian Federation).

When inheriting the father's property, you must provide a package of documents to the notary's office, which includes the following papers:

• Death certificate.
• An extract about the place of registration of the testator.
• Will.
• Papers confirming the ownership of property.

In the absence of a will, inheritance is carried out on the basis of legal order. In this case, all applicants must prove their attitude to a certain priority. Children are the heirs of the first line. A son or daughter can hand over to a notary with a package of documents their birth certificates, which indicate the testator as the father.

Inheritance and its registration

Once the right of inheritance after the death of the father is officially established, you can begin to register the resulting property as the property of the successors. If state registration is not carried out, it will be impossible to dispose of the inheritance received. But first, let's look at the hereditary mass. What can sons and other successors inherit with them?

• Vehicles, industrial equipment and other technical assets.
• Real estate, including houses, apartments, land plots, commercial areas.
• Financial assets: business, shares in LLC, bank deposits, availability of funds and jewelry.
• Personal belongings of the deceased, his household items.
• The rights of the deceased, for example, to receive debt from third parties.

After the death of the father, when registering the inheritance, applicants must prepare all the papers on the testator’s right of ownership of his property. The documents must be submitted to a notary to accurately determine the volume of the inheritance mass and its division.

It is important to know: the estate also includes all debts of the deceased, for example, for utilities, loans, obligations to third parties. Children who inherit must pay debts in an amount not exceeding the value of the property received.

How to register the inheritance of a deceased father? To do this, his children, who became heirs and received a notarial certificate of the right to join, can contact the registration authority that carries out transactions with a certain type of property. For example, you can re-register real estate at Rosreestr, or a car at the traffic police department. Personal belongings and household items do not require special design.