How to register an inheritance after the death of a relative with a notary?

Entering into inheritance after the death of the mother without a will

When a deceased relative did not draw up a testamentary document during his lifetime, the law provides for a strict order of inheritance that must be observed.
For example, after the death of a mother, priority of inheritance is given to her children, husband, and parents. In addition, they have the right to claim equal shares of the inheritance mass.

Registration of inheritance after the death of the mother according to the will

A will is a document that is drawn up by the testator during his lifetime. It indicates the circle of heirs who can accept the inheritance after the death of a loved one. The indicated document significantly simplifies the inheritance procedure, if it is drawn up correctly. The only thing that can cause disputes is the failure to indicate in the will the persons who are legally entitled to an obligatory share.

When does one enter into inheritance after the death of the mother?

The timing for opening an inheritance case is very important, since the regulations indicate that within the allotted period the heirs must enter into their immediate rights, otherwise the succession passes to other heirs according to the order. That is, it is necessary:

1. Accept the inheritance within six months from the date of the mother’s death. The date of death is fixed on the basis of a clinical conclusion or by a court decision when the person was declared dead.
2. If none of the first-line successors applied, or refused it, or were found unworthy by the court, then the next line of successors is also given 6 months to enter into inheritance rights.
3. When the right to inheritance arises only as a result of non-acceptance of the latter by other legal successors, then the bequeathed property can be received within 3 months after the end of the 6-month total period.

Important to know : After 1 year, the state can accept the inheritance mass (escheated inheritance), if the existing list of queues has not entered into its inheritance rights.

Where to register an inheritance after the death of a mother?

The opening of an inheritance case is carried out at the last place of residence of the deceased relative, if his property is located on the territory of the Russian Federation.
When the place of residence is not clear, a notary can open an inheritance case where the property inheritance or its most valuable part is located, if it is located in different places.

The same applies to property located outside the country. This provision is regulated by Article 1115 of the Civil Code of the Russian Federation.

Registration of an apartment as an inheritance

The procedure for accepting and registering an inheritance requires joint efforts on the part of the plaintiffs and the lawyer leading the case. The starting point of the event is writing an application for acceptance of real estate. The paper has a standard form and contains the desire or unwillingness of the plaintiff to accept the property.

The application can be submitted in person, online, by mail or through a proxy. In the last three cases, the document must be certified, registered and entered into a single register.

The applicant must submit to the notary the following documents to enter into the inheritance:

• your passport or other identification document;
• certificate of death, death of the mother or a court order declaring her dead;
• certificates, certificates and other papers confirming family ties with the deceased;
• order, agreement of gift, rent or sale of an apartment;
• an extract from the registration forms about the place of registration of the deceased;
• inventory (cadastral) statement of real estate valuation (carried out by BTI or licensed companies).

All materials must be original. Copies are made of documents to be returned. All papers are registered and filed in a separate folder.

The state fee for issuing a certificate of inheritance is paid before closing the case after checking the documents for correctness and reliability. Payment is made subject to agreement between all parties involved in the case, when other claimants have abandoned their claims.

After opening, the inheritance case is transferred to the notary who executed the will. If the administrative document was not written during life, then the proceedings become the responsibility of the lawyer responsible for the locality, district, territory in which the property is registered. In order not to waste time looking for an office, it is better to immediately contact the city notary chamber to find out about the presence of a will and the address of the office where the proceedings will be opened.

The law allows 6 months from the date of death of the property owner to file an application. The moment of writing is considered to be the date of its submission by a notary or the date of registration if the paper was executed in another city. After the deadline has passed, you can only submit an application through the court.

Valid reasons for being late are:

• ignorance of the fact of death due to loss of contact with close relatives;
• deliberate concealment of the death of a relative by applicants in order to increase their share;
• temporary loss of capacity due to injury, trauma, serious illness;
• performing tasks related to secrecy and the inability to use means of communication.

Documents for inheritance after the death of the mother

To enter into inheritance rights, successors need to collect the required documents and provide them directly to the notary who opened the designated case. The following are considered mandatory:

• mother's death certificate;
• passport details of the heir(s);
• a certificate indicating the last place of residence of the deceased;
• documents certifying family ties (birth certificate, where the surname of the deceased is written in the “Mother” column);
• if there was a change of surname, then you need to provide documents certifying it (marriage or divorce certificate).

In addition, the successors must provide the notary with other documents, which will be the basis for confirming the rights of inheritance.

Required list of documents:

How to enter into an inheritance without a will

As with inheritance under a will, the heirs will have to contact a notary firm.
The notary prepares all the necessary documentation so that the heirs can acquire rights to the property of the deceased. Here we note that both a group of potential heirs and each of them individually have the right to contact a notary. Be that as it may, the procedure for registering inheritance of the property of a deceased person without a testamentary document requires the heirs to collect and provide a package of necessary documentation. It includes documents such as a certificate confirming the death of the testator, his ownership rights to objects of inherited property, documents confirming family ties between the testator and the applicant for the inheritance, and others. There is another way to enter into inheritance of the property of the deceased, which does not require notarial intervention. To do this, the heir must confirm his inheritance rights to the property by his actions.

In other words, if the heir in fact already owns the property, protects it, takes on debt obligations to secure it and other concerns, he thereby confirms his rights to inherit it.

Duration of the procedure

In law

The inheritance procedure lasts only six months from the moment of opening of the inheritance on the basis of providing the notary with a death certificate of the testator.
During this time, the legal successors must show up and collect all the necessary documents. But the heirs can receive a direct document certifying the right to the property of the deceased mother (daughter, spouse) only after the end of the six-month period. Next, you will need to re-register the documents at the registration authority.

What if the registration period has passed?

The legislation specifies a period within which legal successors undertake to send an appeal to a notary and confirm their right to inheritance. It is required to enter directly into inheritance rights within six months from the date of death of the testator. Proof of the fact of death is a death certificate or by decision of a judicial authority.

If the heir missed the deadline for accepting the inheritance, then he loses his right to it and the latter will be transferred by right of priority if the inheritance is carried out according to law. But the same legislation stipulates that the renewal of the inheritance period is allowed if strong evidence is provided in court of the impossibility of timely contacting a notary.

Preparation of documents for a notary office

Entry into inheritance after death after 6 months

When a person turns to a notary after the death of a relative to obtain an apartment or other property, he must prepare the following papers:

• documents confirming the fact that there are no encumbrances on the property transferred from the deceased;
• papers on the property rights of the testator;
• certificates of the value of things included in the estate;

If all these certificates are already in hand, you can go to the notary’s office. All these issues should be addressed no later than 6 months from the date of death of the testator. After more time has passed, a person will have to prove his inheritance rights in court. If the process is won, the period can be extended to more than 1 year.

Also, do not forget that in this case, relatives of the next line will claim the property, since six months have passed since the opening of the inheritance.

When you contact a notary, you must have with you:

• power of attorney, but only if the heir sent his representative, but he himself does not have the opportunity to apply in person;
• death certificate of a relative;
• passport of a citizen of the Russian Federation;
• papers confirming the fact that the heir belongs to one of the line of relatives of the deceased person;
• a certificate received from the passport office about the place of opening of the inheritance.

Death certificate

If the heir complies with all these rules, the notary will have the opportunity, based on all the necessary evidence, to open an inheritance case. Regarding the cost of such services, you don’t have to spend your money here. In the future, the presence or absence of costs depends on the property being transferred.

Important! According to the laws of Russia, only one inheritance case is opened on its territory, even if the things transferred to relatives are in different cities.

How does a notary work?

The first thing a notary should do is collect all the necessary documentation coming from the relatives of the deceased and attach it to one file. When contacting a notary office, relatives will have to write a corresponding statement. After the specialist receives the first request from the testator’s relatives, he must find out from this person whether the deceased has other relatives who have the right to receive property according to the law.

Sample application for acceptance of inheritance

If the notary has a previously drawn up will in his hands, his main task is to determine the circle of persons who should receive their obligatory share. At the next stage, the notary must notify each of the interested parties about the beginning of the opening of the inheritance. If a relative is unable to provide the required documents, he has the right to apply to a judicial authority to establish a fact of legal significance.

For its part, the notary’s office takes all possible measures to preserve the property being inherited. If the deceased was the husband, the wife must take care of obtaining a certificate indicating her ownership rights to the obligatory share in the property left behind. If there are no delays in the paperwork process, within 6 months from the moment the inheritance was opened, relatives will be able to receive a document indicating the rights to the inheritance.

This paper is issued either to one heir or to several, if so provided by the will. This certificate does not need to be registered anywhere. To complete the process, it is enough to sign the documents at the notary.

What things belong to the hereditary mass

After collecting all the necessary information and certificates, the heir should find out what things are included in the inheritance mass. It could be the following:

• obligations;
• any things, including securities;
• property law;

Here it is worth paying attention to the fact that the deceased can leave to relatives not only the rights and obligations that currently exist. This also includes the inheritance, the formation of which began before his death. This situation can occur if a citizen began privatizing an apartment or registering a land plot before he died, but after an unexpected death, did not have time to complete the matter. Despite this situation, this property will belong to the general inheritance mass.

A person who has passed away never passes on the responsibilities and rights that were associated exclusively with him. First of all, this includes alimony payments. There are also things that cannot be passed on by inheritance due to prohibition at the legislative level. Often these are government awards or commissions arising under a contract.

What to do if one of the heirs dies

Life is so unpredictable that no one can predict the further development of events.
For example, a situation occurred that the heir dies after the death of the testator or at the same time as him. In this case, it is provided:

In law

If the successor died at the same time as the testator or after him before the expiration of the six-month period from the date of opening of the inheritance case, without accepting the inheritance, then the heirs of the order designated by law can take advantage of the right.

By will

According to the will, the shares of all heirs are distributed in accordance with the will of the deceased, but if the designated successor died before accepting the inheritance, then close relatives can enter into inheritance rights in accordance with the law, taking into account the approved order. If the inheritance was nevertheless accepted, but the successor soon died, then hereditary transmission comes into force.

A very important point is the fact that the transmission will be carried out if the citizen who accepted the inheritance died before the end of six months from the opening of the inheritance case.

Right of inheritance after the death of the mother

In the event of the death of the mother, the closest relatives become legal successors:

Children

It is worth noting that after the death of a mother, her children can enter into inheritance rights; these are relatives; these include illegitimate children, as well as adopted children.

Spouse

The spouse of a deceased wife is rightfully considered the heir of the first priority, but in addition, the legislation states that in the presence of an official marriage, all property acquired in it is considered their joint property.

Therefore, after the death of the spouse, the spouse is allocated half of it, and he can also claim a share of the inheritance mass, which is divided among all first-line applicants.

Parents

Parents also receive equal shares corresponding to all first-degree successors. It is also worth noting that not only biological parents, but also adoptive parents have the right to inheritance.

It is important to know : parents deprived of such rights in court have no rights to inherited property.

From the information provided above, it follows that after the death of the mother, her relatives can legally receive an inheritance directly from her, unless otherwise stipulated in the will. But there is an exception, namely that minors and disabled children have the right to an obligatory share even if they are not specified in the will.

How to register an inheritance with a notary after death

Before starting the procedure for entering into an inheritance, a citizen must understand which particular notary will handle the registration of property after the death of his loved one. If children are going to accept property from their father or mother, there are usually a minimum of problems, since they are aware of whether they have a will drawn up in a notary office located at the place of residence of the deceased loved one.

If there are no documents on the transfer of real estate or other things, all relatives apply for them, observing the order provided for by the legislation of the Russian Federation. In any case, first you need to obtain a certificate that the person really died. If he passed away for known reasons, to obtain this paper, contact the registry office. But, in the event of a missing person, the certificate is provided exclusively in court after this body recognizes the testator as deceased.

Will

This document can be obtained from the registry office only after relatives provide the following documents:

• a certificate from the court declaring a person missing or dead;
• papers from a medical institution confirming death;
• documentation of the death of a repressed citizen.

Note! Next, you should come to the passport office and remove the deceased person from the registration register. You should take your passport and a certificate confirming the death of a relative with you. If everything is done correctly, here the heir is given an extract from the house register and a certificate is drawn up, which records the address of the testator’s house before death.