Who inherits without a will after the death of her husband?

Normative base

There are two options for entering into an inheritance - by will and by law.
In the first case, it is important to draw up the document correctly and include persons who are entitled to a mandatory share. In this case there are usually no problems. If there is no will, according to Art. 1142 of the Civil Code of the Russian Federation, the inheritance is distributed by a notary taking into account incapacitated and minor persons and the presence of jointly acquired property. The first priority includes not only the wife and children of the testator, but also his parents.

The Civil Code of the Russian Federation establishes the following norms:

Is it necessary to enter into inheritance after the death of husbands?

The opinion that the registration of jointly acquired property should be neglected, because both have used it for many years, is erroneous. If the heirs are not registered owners, the transaction will not be possible. One of the most common questions is who inherits property after the death of the spouses. After all, there are still children, parents, and other relatives.

Cohabitants, even those who have lived for a long time, cannot apply. This is if there is no will. Otherwise, the share is allocated. Many people wonder why only a share. The child is automatically given a share after the father. When registering an inheritance after the death of husbands, they require documentary evidence of family ties. Thus, papers about starting a family confirm the existence of marriage ties.

This is required by the Civil and Family Codes of the Russian Federation. If a man’s family is not his first, before taking ownership, it is necessary to study how inheritances are divided between wives and children from his first marriage. Indeed, the past has no legitimacy, but the demands of descendants are a different matter. The main postulate is that only legal spouses are given the right of inheritance.

When do they inherit?

This is the second most important question that arises after determining how inheritances are processed. The country's legislature has established deadline requirements. There is a general six month period during which:

1. An official appeal is written indicating the desire to enter into the inheritance. The form and sample can be seen on the Internet. The document is submitted to any of the notaries.
2. Requirements are written for the allocation of a mandatory share. There is an indivisible part that is transferred completely (not divided).
3. They formalize the entry into the rights of heirs if all other applicants refused (signed a refusal). When inheriting apartments, opponents are paid the cash equivalent.

When deadlines are violated for reasons beyond the control of applicants, the law allows them to be restored. To do this, a claim is filed. The inheritance is divided equally between the spouses, with the exception of the shares belonging to the children. If a spouse dies, all property assets pass under the control of the living head of the family until the descendants come of age.

To enter into an inheritance, it is enough to inform about this desire. No one else has the right to claim property values, regardless of priority. The only benefits are for children. Mandatory inheritance of property is provided for them, especially when it comes to real estate. Sons and daughters will not be left homeless. If there is no documented expression of will, you will have to act differently.

How to enter into an inheritance after the death of a husband?

The inheritance opens directly on the day of the spouse’s death. It is possible that there is a will; it can be found in the papers of the deceased or a request can be made to the notary’s office. A second copy should be kept there. You must claim your rights within 6 months after death. During this time, the list of heirs may be replenished, but not all applicants will be able to receive their share of the property.

What property is entitled to the wife and children after the death of the spouse?

According to current legislation, the property of the deceased is distributed in equal parts among all persons from the first priority.

But if he was married, the following types of property are distinguished:

• Personal . This is property purchased before marriage, received as a gift or by inheritance. It is personal and goes into the general hereditary mass.
• A joint . This is the property that was acquired during marriage. Even if it was bought with the husband’s money and registered in his name, ½ belongs to the wife. The remaining part is classified as general, which allows it to be distributed in equal parts among the heirs.

What is a wife supposed to do?

Only the woman who was married to him at the time of his death can claim the property of the testator. We are talking about a marriage that was duly registered with the registry office. If the divorce occurred the day before the death of the testator, she is no longer a spouse and has no opportunity to count on the inheritance.

It is a common belief that the wife is entitled to a larger share compared to other relatives.
She does receive more property, but we are not talking about inherited property. According to the law, she is entitled to half of the jointly acquired property, and only then the inheritance is distributed, part of which she is entitled to in equal shares with other persons .

Children's rights

Not only joint children have the right to inheritance.

An application can be submitted on behalf of children:

• Born in a joint marriage.
• The testator's unborn children after their birth.
• Born in a previous marriage.
• Adopted or adopted.
• Illegitimate children.

Inheritance of parents' property by children

The procedure for distribution of property after the death of the testator is determined by the will or the law. The law establishes eight lines of succession. According to the established succession sequences, the sons and daughters of the deceased belong to the first line of heirs. The children of the testator have equal rights to receive a share, regardless of the marriage into which they were born, legitimate or not. Adopted sons and daughters are entitled to all legal privileges.

The formation of a new family entails newly created, accumulated values ​​during the period of marriage. However, this does not in any way exclude the possibility of claims to the right to receive benefits by the sons and daughters of the deceased.

The testator can most often protect the rights of the new family on his own. The method depends on the age of the heirs from previous relationships. If the son has reached the age of majority, it is enough to draw up wills that explain in detail the specifics of the distribution of property after death. To ensure that a document cannot be challenged in court, it is enough to adhere to a number of rules:

• Take into account the legal norms for the division of property;
• Completing the document correctly and checking the correctness of the specified data;
• Notarize the paper;
• Attract witnesses confirming the voluntariness of drawing up the paper;
• Attach medical certificates certifying your mental state prior to the time of writing the paper.

Such steps will minimize the risk of challenging the will through the court.

If the offspring from a previous relationship have not reached the age of majority, a different, legally correct move is possible. It is enough to draw up a deed of gift, where the desired applicants are indicated as recipients. It is important to prepare the document correctly and have it notarized.

If the descendant of the testator has reached the age of majority, is not disabled, and is able to work, the drafter has every right to exclude him from the list of successors in the text of the will. Interested parties can go to court and try to challenge what is written. When compiling, you need to take into account the most common errors and eliminate them. The reason for litigation may be doubts regarding the originality of the paper, the circumstances of its compilation, or the mental state of the compiler.

After the death of the testator, the property is subject to division in equal parts among all claimants. A separate marital share is allocated, which goes to the widow of the deceased. It constitutes half of the property acquired during the marriage

.Native and adopted children, regardless of the marriage into which they were born, the fulfillment of parental obligations, the payment of alimony, become equal applicants of the first order.

Features of the division of inheritance between wife and children

It is necessary to provide the notary with documents about all the property of the testator. It may include a house, apartment, cottage, car, securities, furniture and valuable collections. According to the will, the testator himself can allocate a share of the inheritance to his wife and each child.

If there is no will, inheritance occurs according to the law. The wife is allocated half of the joint property. Everything else is divided between the wife and children in equal shares.

The heirs can draw up a document on the division of property in an order to which everyone agrees. You can even transfer all the property to just one relative. But in this case, everyone must agree and sign the agreement with a notary.

How to register an inheritance after the death of a husband if there is no will

In the absence of a written expression of will, the registration of the property of the deceased is carried out according to the law. Its peculiarity is the receipt of property in order of priority.

The wife, parents and children belong to the first line of heirs. If there are other dependents, they also inherit first.

In the absence of other recipients, the spouse receives rights to all property in full.

An alternative option is the actual entry into inheritance (Article 1153 of the Civil Code of the Russian Federation). In the absence of other applicants, the widow often lives in her husband’s apartment, uses his other property, ensures its safety, and pays bills.

The question of registration arises in the case of preparation of a will, sale of inherited property or the presence of funds in accounts. To do this, it is necessary to establish the actual acceptance of the inheritance in court.

Procedure

To register the property of the deceased owner, the following procedure must be followed:

1. Collect documents.
2. Submit an application to a notary.
3. Pay the fee.
4. Get a certificate.
5. Re-register property.

Submitting an application

The wife must report her decision regarding her husband’s property to the notary who opened the inheritance case. If there are no other recipients, the woman herself must initiate the process.

To do this, you need to contact the notary office at the place of last registration of the spouse. You must have a civil passport, a certificate from your husband’s place of registration and a death certificate.

If the spouses did not live together, then the woman needs to find out where to open the inheritance case. To do this, you need to contact any notary office or log on to the website of the Federal Notary Chamber.

Let's look at how to properly fill out an application.

The document must contain the following information:

• notary office details;
• information about the applicant;
• title of the application;
• details of the deceased husband;
• information about inheritance under the law;
• request to enter into inheritance and issue a certificate;
• date and signature.

Sample application for inheritance without a will

Duty and other expenses

Main expenses when entering into an inheritance:

1. Valuation of inherited property.
2. State duty.
3. Payment for notarial actions and services.
4. Registration of ownership of objects.

The cost of property valuation depends on the type of property. Each object is paid separately.

For real estate appraisal in 2020 you need to pay 3,000 rubles. The assessment of a passenger vehicle costs from 3,000 rubles, a cargo vehicle – from 5,000 rubles.

Important! Before concluding an assessment agreement, it is necessary to clarify the availability of a license to carry out the necessary assessment work. Otherwise, the notary will refuse to accept the report for calculating the state duty.

To obtain a certificate of inheritance rights, you must pay a fee. It is calculated based on the valuation of the inherited property.

The spouse must pay 0.3% of the value of the property received. The maximum payment amount is 100,000 rubles.

Important! Funds placed in the accounts of the deceased are not included in the calculation.

The cost of other notary services is set by regional notary chambers, and therefore varies throughout the country. You can check the tariffs on the Federal Tax Service website. The information is for reference only.

The regional chamber sets maximum tariffs. Each specific notary can determine a lower payment.

A woman may be exempt from payment in the following cases:

• the spouse has been declared incompetent by the court;
• the deceased died in the line of duty;
• the woman inherits insurance payments, salary, royalties of the deceased or other cash in the accounts.

Additional funds must be paid when re-registering property that is subject to state registration. To register an apartment in Rosreestr you need to pay 2,000 rubles.

Taxes

The law exempts all recipients of property from paying income taxes.

However, if the estate is sold within 3 years, the spouse will have to pay 13% as income tax.

Deadlines

The law sets a deadline for submitting an application to a notary (Article 1154 of the Civil Code of the Russian Federation). It is 6 months . If the spouse did not manage to submit documents in a timely manner, the property will be transferred to other heirs.

The period for receiving an inheritance can be restored in the following cases:

• the woman underwent long-term treatment;
• the wife was on a long business trip;
• the woman was serving a sentence in prison.

The list of reasons is not final. The court considers situations on an individual basis.

Providing a mandatory share

A will is a voluntary decision of a citizen, but there is a category of citizens who cannot be excluded from the inheritance:

1. Minor children.
2. Persons who were in the care of the testator and lived with him during the last 12 months.
3. Spouse, parents and grown children, if they are officially recognized as disabled.

Such persons are entitled to ½ share of that which is due to persons entering into inheritance. The allotted share is allocated even if the heir is not included in the will or is allocated a smaller share than is due.

The video story will tell you what an obligatory share in an inheritance is.

Who inherits after the death of her husband?

The term “children” refers to a child conceived and born who has not reached the age of majority. Those who are interested in how they enter into inheritance after the death of their wife take into account that the procedure is completely identical. The regulating legislative documents are Articles 62 and 63 of the Civil Code of Russia. Moreover, the first contains the legal basis, and the second describes the procedures during entry into inheritance, if after death the husband does not have a lifetime expression of will.

The order of priority determining who is the main contender is established by law. While figuring out how to distribute the inheritance, they find priority applicants. And this:

• fathers and mothers of the departed;
• legal spouses;
• sons and daughters.

After the death of one of the spouses, the surviving immediate relatives enjoy the distribution benefits. The children, if minors, are dependents and their shares are placed under the control of the living parent. But there are a number of exceptions. Therefore, it is impossible to say unambiguously whether after the death of husbands who inherits - wives or children. Rights are not granted to:

• parents of the deceased, if they were previously deprived of parental rights;
• children who are not registered (the man was not registered as the father);
• persons falling under the category of unscrupulous heirs.

Only those who have not previously harmed the deceased, have not endangered his life, or taken steps to hasten his death in the name of obtaining valuables can draw up inheritances after the death of their wives. The share of the wife (not the children) is liquidated by will (not the only feature of the procedure).

What can children from a previous union expect?

Even if two people get divorced, the children born of that marriage are still the primary heirs of each former spouse. The same applies to children born out of wedlock, when both parents are noted on the child's birth certificate.

Children of any age will always be legal claimants to the property left behind by their parents, even if they are divorced and married to other people.

The law especially protects minor children and disabled children declared incompetent. They belong to the category of applicants for an obligatory share in the inheritance. Even with the help of a will, they cannot be deprived of the right to receive property.

Terms of inheritance

Exactly 6 months are given to submit the application and documents. During this time, you need to collect documents about the testator’s property and confirmation of relationship.

There are exceptions when the period can be extended:

1. The calculation may begin not from the actual day of death, but from the moment the court makes a decision to recognize him as absent or dead.
2. The period is extended by court decision if the heir was unable to submit documents for a valid reason.
3. The child was not born, which is why the time until birth is extended.

If the heirs of the first stage have not submitted an application, after 6 months it becomes possible for those from the second stage to submit an application. They are given another 6 months to do this.

Thus, when inheriting by children and wife, the property will be divided depending on the presence of a will or its absence. We should not forget about the compulsory share assigned to incapacitated persons and the joint property of spouses.

The video will tell you about the nuances of inheriting property

Can illegitimate children claim property?

Illegitimately born offspring are heirs on a general basis. The fact of paternity can be documented, established through a court using genetic testing. An unborn heir conceived during life can become a contender.

The rights of illegitimate children are often proven in court. An examination can be ordered posthumously, based on an analysis of the grandparents’ data. When confirming the fact of relationship, the registry office issues a birth certificate documenting paternity. The applicant becomes a receiver on a general basis.

Basic principles for dividing inheritance between spouse and children

The spouse and children of the testator are the first priority successors, due to the provisions of the current legislation. And property between persons of this category is distributed equally.

If there is a wife and a share among them, then the wife’s share is first allocated from the total estate, which is not subject to division at all, and the remaining property is divided equally between the children and again the widow.

It should be noted that adopted persons are equal to relatives and, accordingly, they have all the rights on an equal basis with legitimate children. Thus, when dividing property, the following actions must be taken:

1. Determine the property that is joint with the deceased, in other words, acquired during the marriage.
2. Separate the share of the living spouse and the deceased person. This principle of division is similar to equity in divorce.
3. The share of the deceased is divided among the first-degree successors, as well as the living spouse.

Thus, the surviving husband or wife can receive half of the property, as well as some more, on an equal basis with other successors.

Mandatory (spousal) share

The marital share is considered to be the portion of property that goes to one spouse after the death of the other. However, a share can only be obtained if it is jointly owned, in other words, acquired during marriage. Art. 34 of the RF IC defines the rights of a spouse in inheritance, a list of property that can be classified as joint:

1. House (real estate).
2. Apartment.
3. Garage.
4. Automobile.
5. Land plot.
6. Cash deposits.
7. Income, including pensions, benefits, etc.
8. Securities, other capital, including from deposits in organizations.

Personal property usually includes objects and things:

1. Which the spouse could buy before marriage.
2. Received as a gift, by deed of gift.
3. Acquired by inheritance.
4. Privatized real estate.

In addition to the above, such things usually include household items intended for personal use and jewelry. In other words, if the allocation of the marital share is required, then all things acquired during marriage are subject to division in equal parts, that is, each of their spouses, upon the death of one of them, owns exactly ½. At the same time, the right of ownership of personal property remains undivided.

Reducing the share in the inheritance, abandoning it

As mentioned above, a decrease in the share of the inheritance can occur if a correctly drawn up will does not take into account the circle of legal successors who are obligated by law. In addition, it is necessary to take into account the provisions of Art. 1117 of the Civil Code of the Russian Federation, which defines unworthy heirs, which should include:

1. Persons who, by their actions directed against the deceased, contributed in any way to increase or decrease the share of any of the heirs.
2. Parents who have been deprived of parental rights do not have the right to receive property after their deceased children.

In other words, persons may be deprived of a share in the inheritance, or it may be reduced if they committed any illegal actions or evaded fulfilling their duties in relation to the deceased.

Distributing inheritance after the death of a spouse is a complex and lengthy process. In general, this can be done if there is a will, or in the manner prescribed by law. It is required to submit and complete the necessary documents and write an application to a notary within six months from the moment the property opens for inheritance.