Who is the first heir after the death of the husband, mother, father, wife

In spite of the tragedy of the death of a loved one, the legal fate of abandoned property must be resolved as soon as possible.

What does the law say?

Succession is the transfer of property to the successor's property after the death of the heir. Any citizen can inherit – this possibility is not limited by age or other limits.

In the first case, the heir himself determines the legal fate of his property in life, and in the second, the transfer of property takes place in accordance with the rules laid down in Chapter 63 of the Criminal Code of the Russian Federation.

If the testator has made a will, there will be no problem with the distribution of shares, since the text of the document will contain a clear indication of what is intended and to whom. In the absence of a will, the succession will take place under article 1141 of the Russian Civil Code, in the order of priority provided for in articles 1142-1145 and 1148 of the Russian Civil Code.

The distribution of shares is currently under active discussion, and relatives often argue about what property they are entitled to and cannot agree on within the permissible period of six months of the inheritance.

To avoid this, there is a bill that, if the heirs fail to negotiate within six months, all the property will be sold and the money will be distributed pro rata to the applicants.

However, the law was under consideration and might not be adopted.

Who are the first heirs after her husband's death?

Thus, according to article 1142 of the Russian Civil Code, the following persons are the first heirs after the husband ' s death:

• :: The spouse;
• Children (including adopted children);
• Parents (or guardians).

And if there be of them only one heir, he shall have all that is left behind; and if there be no near relatives, they shall have no share in it, or they shall have no share in it; and if there be of them any heir, then he shall have a share in the inheritance; and if there be of them a share in the inheritance, then they shall have a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and if there is a share in the inheritance; and if there is of them a share in the inheritance, then they shall have a share in the inheritance; and they shall have a share in the inheritance; and if they shall have no share in the inheritance.

It is not lawful for a husband to divide his wealth after the death of his husband until he has given his share of the joint property of the spouses; that is, all the property acquired in marriage shall be divided into two equal parts, for the husband and for the wife; and the inheritance shall not include any portion of the inheritance, except the share of the husband, who shall be divided.

The wife and the children are entitled to the same share of the inheritance, so if the husband has no children and no parents, the husband will inherit all the property.

According to article 1149 of the Criminal Code of the Russian Federation, there are a number of persons who are entitled to a compulsory share of the inheritance of which a citizen cannot be deprived.

• Dependents of the husband (residents and non-residents);
• Unable to work parents;
• Disabled children, minors or disabled children;
• Unable to work spouse.

The listed persons are entitled to receive at least half of the share due to them; the right will be realized even if the legitimate interests of the other heirs are affected.

For example, a citizen has a daughter and a wife, both of whom are inheritors of the first line, and a citizen has made a will in his lifetime, according to which a private house in his personal property (has been inherited and therefore not recognized as the joint property of the spouses) is transferred to the daughter's property in full.

But the wife had been disabled before her husband's death and had lost her ability to work, so that she became a binding heir, regardless of the fact that she had been mentioned in the testatorial document; and had the inheritance been carried out in accordance with the law, the house would have been divided equally between the wife and the daughter.

Since the spouse is a compulsory heir, her share will be half of the amount that would have been due to her, i.e. not 50 per cent, but 25 per cent (may be allocated in kind or in cash equivalent).

How can you inherit after your husband's death?

If a will has been made, the heirs must contact a notary within six months of the date on which the testator is found to have died (medical or judicial) and the following documents will be required:

• Statement;
• Death certificate;
• General civil passport.

If there is no will, the procedure will be similar; however, a document confirming the degree of kinship is added to the list of papers; this may be a birth certificate or a marriage certificate.

The notary will check all the documents provided and issue a certificate of succession, which will confirm the emergence of property rights in Rosreestre when registering the transfer of property rights.

The process of inheritance often involves contentious situations, the most common among them being:

1. Passage of entry date.
2. The existence of errors in the will or its invalidation.
3. The absence of documents confirming that property belonging to the estate is the property of the heir.

In each of these cases, the assistance of a lawyer is essential; it is generally necessary to resort to the courts to settle the matter and, without a legal entity, it is difficult to resolve the dispute in their favour.

In what cases may a wife and children be deprived of their inheritance?

Priority heirs may be deprived of their inheritance in the following cases:

• The personal drafting of a refusal to accept an inheritance in favour of another heir or without the indication of the successor;
• Recognition of the heir as unworthy at the initiative of other heirs;
• The existence of a will that clearly indicates that the wife, children and parents are deprived of inheritance rights;
• Absence of succession-related actions within six months of the death of the heir.

For example, if it is proved that a relative has engaged in unlawful acts, has put moral or physical pressure on the heir, or has refused to help him when he needs it.

For example, a citizen has a wife and a son who has died and has not left a will, and the estate includes his private apartment, which is legally divided between his son and his wife.

In such a case, the son may file a suit with the court for recognition of the father ' s wife as an unlawful heir.

In most cases, the heirs of the first line are not satisfied that they were not mentioned in the will, and all property will be inherited by someone else according to the document, but it is extremely difficult to challenge the correct will.

A challenge is possible in the following circumstances:

• There are serious errors in the content of the document;
• The will was prepared under pressure;
• The testator was incapable of writing the document and was unaware of his actions (for example, under the influence of medication or under the influence of alcohol/drug intoxication);
• The act indicates property not belonging to the testator.

The act of will may be challenged in whole or in part, which will require recourse to the District Court and the submission of evidence, such as medical examination, witness statements, certificates and other documents from official institutions.

In case of difficulty, we recommend the use of legal advice. You can get free legal aid on our website. Please describe the situation and ask the expert in a special window.

Now you know who inherits the first line if the husband dies, the wife, the children and the parents have the right to inherit.

Who is the first heir after the mother's death in the Russian family, and how the inheritance is received, answer.

The death of a loved one is always very painful and unpleasant; in any case, a little bit of grief must be gained and the remaining property legally shared.

The most complex and complex inheritance process in the event of parents ' death, but with proper legal support, all potential heirs should not be subjected to special problems.

In response to numerous requests from readers, our resource has prepared a detailed description of the inheritance of property by children after the death of their mother and presents it today.

The right to inherit is a right granted to all citizens of the Russian Federation without exception; if a person is represented by an heir, he or she is entitled to claim a person ' s acquired property. In the event of the mother ' s death, the division of things is different:

• If you make a will, you have the right to challenge it through a court of law, but if you make a will it is almost impossible to challenge it by way of a notary.
• In the absence of a will, in accordance with the established legal procedure, where such a circumstance exists, i.e. when the deceased mother did not write the inheritance documents during the life of the deceased, the division of the remaining property will take place in the manner prescribed by the relevant legislation, and we will discuss this in more detail in the following paragraphs of our article.

It is important to understand that each type of inheritance has its own characteristics. The greatest number of subtleties is the first type, or more precisely the inheritance of a will.

In the first place, note that the will will be considered valid if:

• Written;
• contains the will of the citizen;
• It is based on the words of an adult and fully capable person;
• certified notarized.

If at least one of the above aspects is not respected, the legality of the inheritance document may be challenged in court by persons who have an interest in the distribution of the inheritance.

In general terms, this definition means that there are categories of legal heirs who will in any case receive a share of the deceased ' s property, and it is not important whether there is a will, whether it contains it and whether there are other subtleties in the inheritance procedure.

The "compulsory" heirs are:

• Underage children;
• Dependents;
• Incompetent relatives;
• Unable to work parents.

The proportion that the person concerned will receive is determined by the courts.

As a rule, all of them are entitled to claim at least half of the property left by the deceased mother, even if she has not made a will.

Such a legislative nuance is related to the fact that the citizens represented above are an unprotected segment of the population, so that some privileges and protection from the State must be obtained in the division of the inheritance.

It is worth noting that this procedure of inheritance is limited to the division of immovable property; it is not used for other things.

Who is the first heir after the mother's death?

First heirs after the mother's death.

Now that all matters have been dealt with in succession, a more detailed study of who is the first heir after the death of the mother can be carried out.

Who is the heir of the first line (direct) after the death of the husband or wife

When a person dies of illness or dies in extreme circumstances, the question of inheritance arises, where priority is applied.
The terms "direct" and "secondary lines" are also found in the legal literature.

What is considered a legacy of the deceased

In the first case, the heirs are entitled to their share in order of priority.There are eight rounds, which are expressly provided for by law.In the second case, inheritance takes place in accordance with the rules laid down in the will, where there is no relation, and the property may also be acquired by an outsider.

The inheritance is of special importance; this includes all the property that the deceased has earned and which is in his possession at the time of death; the inheritance is considered to be open only from the moment of death; it may include movable and immovable property, as well as property rights and obligations.

The property is to be inherited at the place where it was opened, and it may also be the place of permanent registration of a citizen who took place at the time of death; if not, the place where the person ' s immovable or movable property is located is counted; this provision is regulated in more detail in article 1115 of the Criminal Code of the Russian Federation.

The duration of the inheritance is not regulated by law.There is only a statutory time frame for accepting the deceased ' s property.

A child, parent or other member of the family may waive the share due to him or her, but this will not mean the termination of the inheritance case.

If there is no will, how will the inheritance be distributed

The first heirs are spouses, children, fathers, and mothers, and are second-rate brothers and sisters, aunts and uncles, grandparents.

The inheritance takes place as follows: the original legal right of inheritance is given to the heirs of the first line; in the event that they do not exist, or if they have abandoned property, secondary persons are the heirs of the second line; the inheritance takes place strictly behind each other, without prejudice to order.

Inheritors of Phase I

As mentioned earlier, such persons include:

• The husband or wife;
• Parents;
• A daughter or a son.

It is they who are the inheritors of the property of the deceased, and it is they who are the inheritors.

In a situation where the first-line heirs have not declared their intention to inherit within the statutory time limit or have no inheritance at all, secondary heirs are involved.

Direct heirs after the death of the spouse

When spouses enter into a marriage union, the legislation of the Russian Federation provides for legal ties of some kind comparable to those of relatives.That is why, after the death of one of the spouses, the other acquires the right to inherit.

In the case of succession of spouses to each other in Russia, the following procedure is applied.

• The first step is to identify the common property of the spouses and to inherit it.
• The wife shall have the right to the share of the inheritance and the share of the husband's private property (i.e. half of the inheritance if he has children or other relatives, or all the inheritance) if he has no other heirs; and if he has no heirs, he shall have the full share of the property of the husband; and if he has no heirs, then if he has no heirs, he shall have the full share of the property of the husband; and if he has no heirs, then if he has no heirs, he shall have the share of the property of the wife; and if he has no heirs, then if he has no heirs, he shall have the whole of the property of the wife; and Allah is Knowing, Wise.

Husband

The immediate heirs in this situation are: the wife, his parents and his children; where there are no heirs in the first line, the rules on succession by other lines apply.

In so doing, the husband inherits at least 50 per cent of the property of the deceased head of household.and the rest is distributed among his other relatives.

The daughter-in-law cannot inherit her husband's parents.

Wives

The direct heirs in this situation are the husband, his parents and his children, and the widower receives at least half of the deceased ' s property, even if she has other relatives.

The relatives of the husband, after the death of his wife, have no inheritance rights over property.

The procedure for inheritance of property after the death of one of the parents

In the event of the death of close relatives such as parents, the right to property of the deceased may be vested in:

• The spouse;
• Children;
• My parents.

They are the inheritors of the first line, and if none of them is present, or all of them refuse to inherit, they are the heirs of the second line, brothers and sisters.

Father

After the death of his father, his wife, his children and his parents will have the right to his property, if they are alive.

Mothers

Upon the mother ' s death, her children, husband and parents will inherit her first priority.

Heirs to Release 2

They are brothers and sisters, and they are both full-parents (i.e. single-parents and single-parents) and not full-parents (only one-parents).

They are not allowed to inherit the property of the deceased unless the heirs of the first line are absent or they have renounced their legal rights.

Legacy inheritance

As mentioned above, there are two options for inheritance – by law and will; no matter what kind of inheritance occurs – by law or by will, the key figure in this kind of legal relationship is a notary.

In order to obtain the property due, the following actions must be taken: the selection of a notary to apply, the writing of an application, and the taking of an inheritance.

If there is a legal succession, the notaries are usually divided by the areas of residence of the citizens, depending on the first letter of the name or other.

Once a particular notary had been elected, a citizen had to enter into a succession relationship by writing a statement, which the notary would then attach to his inheritance.

It shall specify:

• FIO of the deceased and by whom he is the heir;
• Heir data;
• An indication of the succession of the heir (if the property is transferred according to law and not by will);
• Date and signature.

A will is a document that comes into force after the death of a person, and must be certified by a notary, a specially authorized person.A change to the inheritance since 2023 also implies the conclusion of a succession contract, which also imposes all the requirements that are prescribed for the will.

The will is to be given to the deceased, whether part or all of the property of the deceased at the time of his death.

The inheritance may be made by means of a private will, which can only be read after the death of the citizen to all persons, including the notary himself.

In spite of a bequest, no one is entitled to inherit, except in cases where there is a person entitled to a compulsory share (at least 1/2 of the share that would have been due to him under the law), which generally includes children and disabled dependants of the deceased.

Thus, in the event of the death of one relative, another will inherit; the rules of succession may be regulated by law or by will; if there is no will, then there is still a rule established by the Criminal Code of the Russian Federation, namely, the rule of priority (first, second, etc.).

Direct heirs after the husband ' s death to an intestate apartment: who is recognized as the first heir after the deceased wife or children of the first marriage

It is the custom of every family to suffer the death of one of its members, usually at the end of the funeral, to divide the property of the deceased among their relatives.

The situation is quite simple when it comes to a family that has lived a long and happy life, and it is more dramatic when marriage is not the first to have a husband or wife with children from another woman, where events may develop in a different way and give rise to disputes and conflicts.

The article is designed to resolve possible contradictions and conflicts; once we understand all the subtleties now, we can avoid negative consequences in the future.

Who is the heir after the death of his spouse, if there is no will

It has been established that the deceased ' s relatives are legal beneficiaries and that the legislator has divided them all into eight (eight) rounds, depending on the degree of kinship.

The first heirs after the death of the husband without will are those most close to the deceased.

Article 1142 of the Criminal Code of the Russian Federation lists these persons as follows:

• The wife;
• Son or daughter;
• Parents;
• Grandkids or granddaughters by right of submission.

An important condition for a woman's inheritance is the registration of a family relationship with a man in the civil registry; if she is not present, she cannot be the heir of the law; the lawful spouse is bound to receive 50 per cent of the acquired joint property in the course of the family relationship.

Children, whether they are relatives, adopted or a previous marriage, inherit equally, and if a man has been deprived of his parental rights, his children may inherit.

In the case of a father who has abandoned a child adopted by another person in the future, the child loses the possibility of inheriting the property of his biological father, except in the case of a daughter or son who has had a relationship with the parent after adoption, in accordance with a court decision (art. 1,147, para. 3 of the Criminal Code of the Russian Federation).

In addition, the unborn children of the heir who is conceived by him or her during his or her life may inherit from him or her; in the event of such a situation, the inheritance shall be divided only after the birth of the child, with the participation of his or her legal representatives.

Parents are a separate category that inherits slightly less, because the vast majority of people die in old age when they are no longer alive, regardless of whether their parents are married or not.

The adoptive parents have the same rights, along with biological parents, and are not entitled to inheritance by guardians or guardians.

Children ' s rights from first marriage

This category has the right to inherit by law, no matter how close they are to the parent after the divorce of the father and the mother, the most important thing is that they are not adopted by another person of theirs.

Most often, the second or third spouse of a person has a negative attitude towards these children because of the special nature of the woman, and it is necessary to be prepared that, after the death of their father, there will be a will written to them, where all the gains will be written to the spouse.

If it is well known that the husband and wife have recently had an uncooperative relationship, and the man did not think to write a will with such a text, then it is worth trying to challenge it in court by providing compelling arguments.

The court may restore the period of acceptance of the inheritance in accordance with article 1155 of the Criminal Code of the Russian Federation, bearing in mind that the person was unaware of the fact or had valid reasons that prevented him from coming and carrying out all the legal formalities.

In such a situation, the deceased father ' s son or daughter must apply to the court for restitution of inheritance rights, which can be done within 6 (six) months after the reasons for the delay have expired.

The Court shall take measures to preserve the property due to the legitimate heir, which was previously distributed to other participants in the legal relationship.

Previously issued registration documents for divided property will be declared invalid; in this situation, the share of the new successor, at the expense of the inherited wealth of the other participants, will be set aside.

If all the parties to the agreement are willing to set aside the due portion of the party and all have reached consensus, the case will go without a trial. A new agreement is concluded and real estate rights are re-registered.

How property is inherited by law

In the absence of a will, the property is inherited by the deceased's receivers, in accordance with the law in force, on the basis of the principle of fundamentality. First, a death certificate should be obtained.

The algorithm then consists, in general terms, of the following steps::

1. Recourse to a notary for inheritance rights.
2. Provide a list of required documents.
3. The opening and conduct of the inheritance case by a notary within the time limit prescribed by law.
4. At the end of time, a certificate of succession is obtained.
5. Re-registration of acquired property with the Rostreestra authorities.

In the apparent simplicity of the process, the process sometimes contains a number of nuances; another action should be performed by the wife when the husband died, it is to try to find a will from which it will be perfectly clear what scenario is possible.

Addressing a notary

When a death certificate is in hand, a notary should be selected from the deceased ' s place of residence.

They're on the list.:

• The applicant ' s civil passport (spouses);
• A stamped death certificate;
• Marriage certificate;
• Will (if any);
• Right-making documents on property, depending on the estate.

As soon as they are handed over to the notary, he checks their authenticity and takes copies. The complainant then writes a statement about his right to inherit. As soon as the application is filed, the official opens the inheritance case.

Time frame for processing

The total period for the opening of an inheritance is 6 (six) months after the death of a person; the duration of the inheritance case is also six months.

When visiting a notary, it is essential to provide a mandatory list of the documents on the basis of which the case is opened without delay.

The legislation allows a number of legal documents for the property to be delivered to the notary in time, but no later than the day of its closure, the main point being to open the case and then to deliver the certificates and technical passports.

Documents for the apartment and other property

Things can be quite different. They differ in function and purpose.

Can be inherited.:

• Buildings;
• Land;
• Vehicles;
• Deposits, securities;
• Domestic appliances and furniture, jewelry.

Each property has its own list of documents. The greater the functionality, the more certificates and certificates are usually required.

Okay.for real estate (a flat or a house):

• Technical passport;
• Certificate of non-payment of public utility charges;
• A document on the estimated cost of the facility;
• A receipt of all tax payments;
• It's a design plan for the building.

Often, some of these documents are already in the hands of a person; the other part should be obtained from the public authorities; it is better to take care of it in advance.

The following list is required for a motor vehicle or other vehicle::

• Transport;
• A statement of the estimated cost of the facility;
• Certificate of non-payment of tax deductions.

It is important that the documents are not expired and that the property does not change the owner; a motor vehicle or a motorcycle should not be under arrest or laid down.

In order to obtain savings from the bank, it is necessary to provide:

• The details of the account or the contract itself;
• Savings book;
• Data from the rental bank cell;

If the account numbers or the contract are missing, but there is credible information that the deposits exist – the notary will find it himself by sending a request.

When there is a question of shares to be given:

• Data on the legal person;
• an extract from the organization ' s register.

Any person claiming an inheritance may take an extract from the register and a representative of the department or office of personnel who is otherwise authorized by the person in the organization who may decide on the matter should meet for this purpose.

Who and to what extent is the cost of processing

Any notary expenses have their cost, including those under consideration, so you have to take the necessary amount of money before you visit. There's a rule that each heir pays for the services of a notary himself, and the government has a specified amount of money.

If they are minors, their legal representatives pay for the services; their mother pays for the children together and for herself.

In accordance with article 333.24 of the Code of Criminal Procedure, the following notarized tariffs exist::

• A certificate of succession under the law or a will will be paid to the heirs of the first line of 0.3 per cent of the total cost of the inheritance, but not more than 100,000 roubles; it is 0.6 per cent for all other relatives;
• For the issuance of a certificate for the share of jointly acquired property, 200 roubles;
• Payment of the application for inheritance rights - 100 roubles;
• Issuance of duplicate documents - 100 rubles;
• Asking the bank - 50 rubles.

The most significant amount is the payment of the State Secretary ' s certificate of succession; all other expenses are not significant.

How the inheritance is distributed after the husband's death

At the stage of the division of property, the main criterion will be the proper allocation of shares and property; it is important that all those who can inherit receive their share.

At this stage it is necessary to separate the property that is jointly acquired and the property that is private, and the inheritance is determined by law by the related property, from which the mandatory share of the marital share is equal to 50 per cent of the property.

Then the rest, including the private part, is divided among the heirs in equal parts.

Total equity property

There is a concept of shared property between the spouses, where all property is divided into equal or unequal parts before the marriage or during the marriage, on the basis of the marriage contract between the parties.

The marriage contract shall determine the extent to which the spouses are entitled and shall therefore inherit after their death.

Mandatory heirs

The concept of compulsory heirs exists in jurisprudence, and in any situation, regardless of the will of the heirs and their successors, they have a compulsory share in the inheritance.

In accordance with article 1149 of the Criminal Code of the Russian Federation, they belong to this category.:

• Minors and disabled children;
• Unable to work spouses and parents;
• Unable to work dependants not less than a year before the tragic event of the heir in its maintenance.

If the spouse is a pensioner, she will be entitled to a compulsory portion, regardless of whether there is a will; the proportion is not less than 50 per cent of the amount that would have been due under the law.

Fixed the marital lobe

It can be distinguished by contacting a notary, which requires that a statement be made and the entire range of inheritance documents be made available so that the division can take place legally.

It will include exactly half of the property acquired during the marriage, and it will not be shared among the other beneficiaries, and the rest of the parties will usually be informed of this step.

It does not include what has not been acquired in marriage, and what has been given or inherited by the spouse in life, as well as property that has been privatized without the wife ' s participation.

Does the ex-wife have rights?

A certain amount of property is reserved for her, provided that, after the divorce, the property has not been divided by the spouses; the ex-wife has the right to apply to the courts for his part; this is usually the case when the question of the division of property arises.

When the previous marriage was legally divided after or during the divorce, the former wife has no right to claim any share.

It is important that the husband or wife does not have unresolved issues relating to the division of property in the previous marriage behind her.

Possible conflicts with children from the first marriage

The relationship between the children and the father's true spouse is often described as uncooperative, so we should expect surprises.

This may be a delay in reporting the death of the father, the children, an attempt to embezzle the deceased ' s belongings (book, clothing, equipment) that do not require a written or notarized agreement on the division of inherited property.

You can't rule out trying to divide the inheritance without the involvement of the children.

Example No. 1: Accumulations in marriage

After his death, the man had a two-room apartment, a garage and 2 million rubles in a bank; the heirs included a wife and two children from a previous marriage; the apartment and garage were purchased by a citizen and the final marriage.

Money was recognized as acquired, and the spouse was legally entitled to a share of 1 million roubles; the rest was divided into three equal parts between the spouse and the two children.

Example No. 2. The division of property between wife and children from the first marriage

After her husband ' s death, the pensioner ' s wife and son and daughter from the previous marriage remained alive, and the estate consisted of an apartment, a car, and a deposit of 1 million roubles.

The common family property was only a car, in which the wife teaches 50% of the car as a compulsory part, and the rest is divided between her and the children in three equal shares.

Recommendations that will help

In conclusion, I would like to point out a number of points that should be taken into account in such situations; it is better to prevent possible negative consequences than to remedy them later.

First of all, it is necessary:

1. Find out if the will was written to the deceased.
2. If most things are purchased by the wife and the husband has children from a past relationship, a will should be written.
3. When the parties are in an unequal material position, it is best to conclude a marriage contract.
4. Rather than be in conflict with children throughout their family life from their first marriage, give them more attention and friendship.
5. The person (the spouse) who lived with and used the deceased would be the first person to apply for household items, furniture and equipment.

Everything needs to be settled through negotiation, including issues arising from the division of inheritance; only what belongs to the law is required.

Who is the first heir after the death of his wife

• How is the inheritance shared after the death of a wife without will?
• The spouses as the first heirs
• What kind of children are heirs
• Particular features of inheritance by the parents of the deceased spouse
• What is succession by right of submission
• Who are the dependants, in what turn they will inherit if a spouse who has supported them dies

How is the inheritance shared after the death of a wife without will?

If there is no will, the inheritance procedure established by the Criminal Code of the Russian Federation, art. 1142-1148, which establishes so-called sequences of succession; in total, 8 of them include relatives of up to the sixth tribe, as well as citizens who may inherit without being relatives of the deceased.

Each line is entitled to inheritance only if there is no earlier one; accordingly, if there is at least one heir in the first line, the other will not be called to inherit, except in the case of incapable dependants of the heir (to whom we shall refer).

The first inheritors after the death of the wife are the closest relatives: spouses, children, parents are the heirs of the first line, and how the inheritance is divided after the death of the wife:

• If the deceased has relatives of all three categories, in equal shares;
• If only two (e.g. spouse and child) are similar.

However, there is also an exception to the rule on the equal distribution of inheritance among the heirs of the same line — succession by right of submission (also discussed below).

The spouses as the first heirs

The husband is first among the first heirs after the death of the wife (without will), but only the official spouse, i.e. the deceased in a marriage registered with the civil registry, can claim the inheritance, and the marriage certificate is the document that confirms the marriage relationship.

A married couple does not have the right to inherit the property of the deceased spouse, and it is not possible to recognize such a relationship as a marriage, even through a court of law, but a spouse of the deceased has a chance to inherit on another basis, as a dependent who is unable to work.

It is important to understand, however, that the inheritance of the deceased spouse cannot be obtained if the marriage is:

• is declared null and void by a court decision (even if it entered into force after the opening of the inheritance);
• Exempted by the civil registry or by a court decision (which must take effect before the date of death of the spouse).

What kind of children are heirs

If a wife dies, who is the first - line heirs? Children have the same inheritance rights as the deceased's spouse, although much depends on the circumstances.

Children born in wedlock

First of all, without additional conditions, the deceased will be inherited by her family, i.e. children born in wedlock.

Their origin from their mother is recorded by the civil registry in the birth certificate on the basis of the relevant medical documents.

If the child is born out of hospital, any other official documents (which the law does not specify) or witness statements may be confirmed.

Extramarital children

Children born out of wedlock will inherit after the mother, and after the father will inherit only if paternity is confirmed in accordance with the procedure established by law.

This is confirmed by the following situations:

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Voluntary admission when:

• The father and mother together applied to the civil registry to register them as parents;
• The father himself applied to the civil registry (this is only possible if the mother ' s consent cannot be sought because of her death, incapacity, etc.);
• Paternity was recognized before the birth of the child (only allowed if there is a fear that joint application to the civil registry will not be possible).

Legal recognition of paternity on application:

• Mother (guardian, guardian, actual tutor);
• A child who has reached the age of 18.

After the death of the father of a child who was not registered as such and who was not married to the mother, the recognition of paternity can be established in court; only from the moment the positive decision enters into force can the son/daughter inherit.

Adopted children

The adopted children also belong to those who are the first heir after the death of the wife, i.e. to those who have been adopted.

They are treated by law as family members and therefore have the full right to inherit from the adoptive parents.

However, the inheritance rights of the parents and other blood relatives do not exist (and vice versa), i.e. the legal link between them is broken at the time of adoption.

However, there are exceptions here, for example, if a court has decided that an adopted child remains in a relationship with any of the parents or relatives, the right to inherit from each other is also reserved.

• A blood mother may wish to maintain a relationship if the child is adopted by a man and the father by a woman;
• The grandparents of the adopted person may retain legal contact with him after the death of his parents if it is in the child ' s interest to do so.

There are also cases in which a person claims that he or she has actually been adopted and therefore has the right to inherit; such statements have no legal force; adoption can only be confirmed by a court decision; however, the actual adopted person can be recognized as dependents of the he or she.

Particular features of inheritance by the parents of the deceased spouse

Her parents are also among those who are recognized as the first heirs after the death of the wife.

The following points should be borne in mind:

1. Parents deprived of parental rights over a deceased child are not entitled to inherit; they are considered unworthy heirs; the exception is that by the time of the child ' s death the rights were restored by a court decision (it should come into force).
2. Parents with limited parental rights inherit from their children normally.
3. Blood parents whose child was adopted are not entitled to inherit after the adoption, unless the court has retained a legal link with either of them.

What is succession by right of submission

When the heir dies with or before the heir, the heir will be represented by his descendants, and they will inherit from one another a share of the inheritance.

Thus, when determining who is the first heir after the death of the wife, it must be borne in mind that these may be grandchildren (if their parents are dead).

The rules on the right of submission are excluded only if the heir has deprived the persons concerned of the possibility of obtaining the property by way of a will, but if there is no will, it is not possible to avoid the succession of such heirs into property rights (details on the right of submission, in the relevant article).

Who are the dependants, in which turn they will inherit if the spouse who supported them dies

So, in certain situations, some people may inherit without priority, and as mentioned above, they may not even be relatives of the deceased.

In this case, the dependants who are unable to work are the heirs, which may be:

1. Any person among the relatives of the law who, at the time of his death, was unable to work because of age or disability and had lived at his expense for at least a year before (i.e., had received the main maintenance for life from him), although not necessarily with him.
2. Any person other than the legal heirs (including outside spouses such as de facto spouses) if, at the time of his death, he or she was incapable of work because of age or disability and had been dependent on him or her for at least a year before, while living with him or her.

These persons will inherit along with the line of heirs that is called upon to inherit.