Which relative is the first heir after the death of her husband?

Who is the first heir after the death of the husband, mother, father, wife depends on the grounds for receiving the valuables (with a will, without it). These participants are representatives of the first line of heirs, therefore they are given priority in the distribution of property. Additionally, spousal shares, obligatory shares, legal successors and dishonest heirs are taken into account. The inheritance procedure is conducted by a notary, who determines the list of applicants for the property and the share of benefits that he can receive.

Who can claim the property of a deceased husband?

Inheritance is a procedure during which ownership of the property remaining after the death of a man passes to the heirs. The successor can be not only the wife, but also other persons determined by law or will.
Reference! The right to inheritance after the death of the husband is exercised within a limited period of time, represented by 6 months, so if you do not meet this deadline, it will lead to the loss of valuables.
To obtain the right to property, it is necessary to prepare documents confirming the conclusion of an official marriage in the past.
Additionally, you need a death certificate for the man, an extract from the house register and other certificates, and their exact number can be checked with a notary. All children of a deceased person can claim property, even those born outside of an official marriage.

How is inheritance transferred?

According to Article 1153 of the Civil Code of the Russian Federation, in order to receive inherited property, it can be actually accepted, i.e. start owning and using it as your own, or carry out the official adoption procedure through a notary.

Actual acceptance is not always acceptable - without a title document for the inheritance issued by a notary, it will be impossible to dispose of the real estate, and if there are several heirs, you won’t be able to accept the property so easily - the inheritance mass still has to be divided.

In order to begin the procedure for receiving an inheritance, it is necessary to contact a notary with a corresponding application within six months from the date of death of the testator, attaching supporting documents to it:

• death certificate of a citizen;
• documents confirming relationship with the deceased (if the spouse has died, you need to provide a marriage registration certificate).

The inheritance case must be opened with a notary at the place of last registration (according to the passport) of the now deceased citizen. If he lived abroad, then the case is opened to his property (the main part of it).

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Based on the results of studying the documents and the appeal of the heirs, the property mass will be divided into shares, and the heirs will be issued a certificate that will confirm their rights to the inheritance.

With the help of such a certificate, you can re-register real estate and vehicles from the testator to yourself as an heir. If such measures are not taken, then the property, subject to mandatory registration in accordance with the legislation, will be impossible to dispose of.

If you miss the six-month deadline for contacting a notary, then in order to confirm the legality of ownership of the actually accepted inheritance, you will have to go to court to obtain a decision that will be equivalent to a notarial certificate.

Right to inheritance of a deceased man

Not only the wife , but also other successors can claim the property of the deceased husband Exact recipients can be determined in two ways:

• on the basis of a will , which the man drew up before his death and certified by a notary, and he can even indicate here strangers, but it is not allowed to violate the rights of persons represented by obligatory heirs;
• if a man did not take care of the competent formation of an official order, then successors are determined taking into account the requirements of the law .

Important! Initially, the wife should find out from the notary at her husband’s place of residence whether he left a will, since this document indicates the exact heirs.

In law

Many people do not think about possible death, therefore, after their death, property owned by property is distributed among their successors. Here, all those who are heirs after the death of the husband are determined by law. In this case, a special order , for which the degree of relationship is assessed.

So, the first heirs after the death of a husband are his wife, children and his parents. They can count on an equal division of the property of the deceased citizen. If the testator does not have parents or offspring, then on the basis of Art. 1142 of the Civil Code, all his valuables are transferred to his wife. If the mother, wife and son claim the apartment, dacha and car of the deceased, then all valuables are distributed among the applicants, and they can count on equal shares.

If a wife wants to receive the property of her deceased husband, then within 6 months she prepares an application and other documentation. The package of documents is transferred , who is involved in the management of this case.

A woman has the right to refuse inheritance, for which the provisions of Art. 1157 Civil Code . This usually occurs if the deceased's debts exceed the value of the property, so the widow will still have to sell those assets to pay off the debt. To renounce an inheritance, a special written application is drawn up and submitted to a notary.

There are situations in which property is not divided equally. For example, if an apartment belongs equally to spouses, then the woman receives half of the property, as well as the husband’s share, which is calculated based on the number of successors. As a result, the share of women in the apartment increases significantly.

At the end of the term, the notary issues each successor a special certificate , which serves as the title documentation for the property. Based on it, the right is registered in Rosreestr or other government agencies.

By will

If a man made an official disposition before his death, then when dividing his property, only the information contained in this document is taken into account. The compiler can be an adult and capable citizen, and the notary is obliged under Art. 1123 of the Civil Code to keep information from the will secret. The rules for its compilation include:

• the document is formed exclusively in writing and is also certified by a notary;
• the text describes all property belonging to the testator, and the person must confirm the right to a particular item using official documents and extracts from the Unified State Register of Real Estate;
• persons who will receive specific values ​​are listed.

The will is formed in two copies, since one remains with the drafter, and the second is transferred to the notary for safekeeping.
After the death of her husband, the wife must carefully examine his belongings to find the disposition. If she cannot find the documentation, then you can find out about its availability from a notary.

Child born after father's death inheritance

» Documents and registration September 03, 2020

Who are the direct heirs by law?

Direct heirs after the death of the owner are those citizens who, according to the law, are entitled to an inheritance without fail. In the absence of a will for inheritance, the legislative norms provide for seven groups. If there are first-degree relatives, no one can appropriate their right to property. The exception is when they are declared unworthy in court.

According to the law, the first priority recipients include the following immediate relatives:

• Testator's spouse
• Children
• Parents
• People who were completely dependent on the testator.

The above categories of citizens can claim equal shares of the inheritance, except for that property that is considered household furnishings. After the death of the owner, those who lived with him all this time can claim these things. This rule applies to cohabitants even when they are not primary heirs.

Speaking about citizens who were dependent on the deceased, they do not belong to the direct recipients in fact. However, they can claim an obligatory share of the property of a person, who were fully supported during his life.

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Spouse as heir

After his death, the spouse of the testator is the direct heir of the first priority. as well as his children and parents. Despite the fact that there is no blood connection between the spouses, legally they are considered each other's closest relatives. Only the legal spouse with whom the deceased was officially married during his lifetime has the primary right to inheritance. A common-law husband or wife cannot claim property, except for the fact of dependency, which must be documented. Property is inherited by common-law spouses only by will.

All property acquired during an official marriage is considered jointly acquired by law. This means that after death, the second spouse is entitled to half of the property, regardless of the presence of other first-degree relatives who should take into account the marital share.

Property that was acquired by the second spouse before marriage is not considered jointly acquired and is subject to division into equal shares among all direct heirs.(adsbygoogle = window.adsbygoogle || []).push({}); The exception is real estate that was purchased before marriage, but in which the second spouse has invested significant money and can confirm this.

Children of the testator

Just like the spouse, the children of the testator are the direct beneficiaries of the first priority by law. After the death of the owner, his son or daughter is the heir to his property, even if the parents were deprived of parental rights by a court decision. This is due to the fact that deprivation of parental rights implies deprivation of all kinds of parental privileges, but responsibilities to children remain.

Both biological children and officially adopted children have equal rights to inherited property. If the testator was married to a spouse who already had children from a previous marriage and were not adopted by the second spouse, such stepdaughters and stepsons do not have a primary right of inheritance. According to the law, such a son or daughter is the heir of the seventh order and can claim his share when there are no relatives of the previous six orders.

If there is a need to confirm paternity, a genetic examination is carried out in court. You should also not lose sight of the minor who was born after his death. He has the same rights as other primary beneficiaries, so the division of property will occur after his birth.

Parents of the deceased

The parents of a deceased person are the primary heirs, both biological and adoptive parents. Adoptive parents and guardians do not inherit the property of the person under their care after his death. Adoptive parents are formally equal to biological parents, therefore they have the same rights and claim the same share.

In some cases, the working capacity of the testator's parents is taken into account. For example, when they have reached retirement age, have a disability of the first or second group, and are supported by a child.

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Parents do not have the right to inheritance if they were deprived of parental rights by a court decision. Similarly, adoptive parents are deprived of it if the adoption was canceled by court. Such decisions are made only in court and after the death of the testator are not subject to review or appeal.

Dependents and others

The category of dependents is presented separately. These are citizens who, along with the primary recipients, have the right to an obligatory part of the property. It does not take into account whether there were family ties between the testator and the dependent, since all that matters is the fact that he was fully supported for at least a year before the death of the supporter.

By law, dependents are entitled to one-eighth of the property upon the death of the owner. Moreover, even if there is a will, they have the right to claim the inheritance. But the part will be smaller. This is due to the fact that dependent citizens are disabled and they had no other source of income.

It is necessary to defend the right to part of the property in court, providing documentary evidence and witnesses that the fact of dependency actually occurred.

Direct heirs are not only relatives of the first category. If the testator has no parents, spouse or children, the inheritance goes to his grandchildren. If they are not there, the property is divided between representatives of the second priority. If they are not there – the third one and so on.

The information in this article is provided for informational purposes only. We recommend that you contact our lawyer for a free consultation.

• Order of succession by law
• Inheritance by law: when and how to enter
• Second priority in inheritance by law

Inheritance after the death of parents (father, mother)

If a parent dies, his child or children receive the inheritance from the father. This provision can be considered an axiom if inheritance occurs by law. Let us turn to part three of the codified law of the Russian Federation - to the Civil Code. Heirs by law are called upon to inherit the property of the deceased in order of priority.

The order of receiving an inheritance after the death of the father according to the law

The heirs of each subsequent queue are heirs in those circumstances if there is no such category of citizens in the previous queues. In addition, subject to additional conditions:

• if no one has the right to inherit
• if subjects of law are excluded from inheritance
• non-acceptance of inheritance
• refusing it.

So, let's now consider the concept of priority:

• first priority - offspring, husband or wife, parents of the testator
• second priority - brothers and sisters of the employer, grandparents on the parents' side
• children of brothers and sisters, as well as nephews, inherit by right of representation
• third priority - relatives of the testator's parents
• subsequent queues.

Thus, the inheritance after the death of the parents is opened by a notary within up to 6 months. If the deadline is missed, it can be restored by court decision.

But only when the reasons seem valid to the court. 6 months must pass from the day recognized as the opening of the inheritance. after which the person can use the property of the testator, as well as perform his duties.

Inheritance after father's death

So, we figured out that inheritance can be carried out according to law. In principle, in this mode everything is more or less clear. For example, the inheritance after the death of the father receives the first priority indicated above.

But in Russia there is another mode of inheritance, which is called will. And here the free will of the testator comes into play in terms of disposing of his property. Often, what is written in a person’s will does not subsequently suit his close relatives.

Inheritance after the death of parents

Any person who is not aware of all the nuances of the institution of inheritance thinks that the inheritance after the death of his parents is his potential property. But different things happen in life. If the parents wrote a will and left their property to another person (not their son or daughter), then the latter will not receive anything.

The exception is the circle of compulsory heirs. who will still receive part of such property as an inheritance from their father (mother). Regardless of the wishes of the testator himself. These include:

• offspring of the testator, including adopted children, who have not reached the age of majority and are incapacitated
• the testator's parents who are disabled
• other persons who are disabled and were dependent on the testator.

It is quite obvious that a will is a unilateral transaction. The drafting of a will is the responsibility of a notary. who must in addition attest to the capacity and legal capacity of the testator.

To understand what a will is, it is necessary to reveal its principles:

• freedom of testamentary action
• non-disclosure of will
• reducing the size of the obligatory share in the inheritance
• choice for the testator of the form of transaction.

On the acceptance of inheritance by citizens born after the death of a parent.

I had a child with a man who died a few months before our son was born. We were not married. The child is registered under my last name, there is a dash in the “father” column. After the death of my child’s father, an inheritance remained, but he did not make any will, his parents are alive and he has children from another woman. Please tell me, can my son receive part of his father’s inheritance, and how to do this?

In accordance with paragraph 1 of Art. 1116 of the Civil Code of the Russian Federation, citizens who are alive on the day of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, can be called upon to inherit. Based on the fact that you were not married to the child’s father, you need, first of all, to prove the paternity of the deceased man, which can only be done in court. In addition, it should be remembered that there is a period for accepting an inheritance, which is six months from the date of death of the testator. If in your case this period has not yet expired, we recommend that you file a claim in court to establish paternity as soon as possible and at the same time ask the court to suspend the issuance of certificates of inheritance to other heirs. It is quite difficult to prove the paternity of a deceased person; it is hardly possible to get by with testimony alone. The most compelling argument may be the conclusion of a forensic genetic examination on the paternity of the deceased. However, to establish kinship, genetic material is required, usually the blood of the individuals being studied. Given that the child's father is no longer alive, it is worth asking whether samples of this man's blood were retained by the medical examiner's office that performed the autopsy after his death. If such samples have not been preserved or no autopsy was performed at all, then the children of the deceased from his first marriage should be involved in the examination. Their refusal to participate in the examination may be regarded by the court as an admission of facts that this examination was supposed to establish or refute, that is, as recognition of the paternity of their deceased father in relation to your child. If the six-month deadline for accepting the inheritance has been missed and the heirs have already been issued certificates of the right to inheritance, simultaneously with filing a claim to establish paternity, the question should be raised about recognizing your child’s right to inherit the property of the deceased and about invalidating the certificates of the right to inheritance issued others to heirs. It should be noted that before going to court, it is necessary to at least approximately calculate the future expenses in connection with this (for conducting an examination, for paying for legal assistance) and correlate them with the value of the inherited property divided by the number of heirs, as well as with those negative emotions that you are likely to experience from communicating with other heirs both during the trial to establish paternity and during the division of inherited property.

Also in the August issue of the Vesta-M newspaper, read the lawyer’s answer to the question:

“On risks due to the discrepancy between the content of the contract and the actual agreement of the parties.”

Rights of a child from a first marriage to inheritance

Quite often, family relationships end in divorce. Certain obligations, such as having common children together, continue to bind former spouses even after the official termination of the marriage.

Will children from a first marriage have rights to inheritance in the event of the death of their parent, who left the family during a divorce? What does the law say about this?

Inheritance of parents' property by children

In the legislation there is no separation of children in legal terms, that is, it does not matter from what marriage they were born, from the first or subsequent ones. This also applies to rights to inheritance left after the death of parents. The main thing is that the testator is indicated in the birth or adoption certificate as one of the parents; as a rule, we are talking about the father.

An exception may be children who are legally recognized as unworthy heirs. Such persons are excluded from the inheritance procedure. This circumstance may arise for several reasons:

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• an attempt was made against the testator, for example, there was an intention to kill him or other heirs
• an unworthy heir interfered with the fulfillment of the will of the testator and tried to illegally increase his inheritance share
• the testator's children did not properly care for their elderly parents, despite the fact that such an obligation is specified in Article 87 of the RF IC.

Children from the first marriage can count on an inheritance passing to them according to the principle of compulsory share. In this case, it will not matter whether the testator left a will or not; accordingly, family members from the new marriage cannot prevent the receipt of inherited property in this manner.

Minor children and children with the status of incapacitated persons (disabled persons) will also be involved in the inheritance. They can claim no less than half the share that they could have received if inheritance had occurred by law.

Inheritance of property by illegitimate children

Children can be born not only in an official marriage, but also in a “civil” one. The main condition in this case is that during his lifetime the testator recognizes his paternity and this fact has documentary evidence. Recognition of paternity in court is also allowed.

In relation to an illegitimate child, a will will also be valid and the right to an obligatory share by law if the heir meets all the requirements.

In judicial practice, there are cases where paternity can be established even after the death of the testator. Cases of this kind are considered in special proceedings. If the issue concerns not only the establishment of paternity, but also the recognition of the right to inheritance, a claim of a different nature is filed, in the interests of an illegitimate child who is a potential heir.

The defendants in such a claim will be persons called to inherit by law.

During the consideration of the case, the court carefully examines the evidence presented and hears the testimony of witnesses. Letters, photographs, and recordings of telephone conversations may be attached as evidence.

The court may order a genetic examination. In accordance with the norms of the Code of Civil Procedure of the Russian Federation, a written expert opinion is one of the evidence. The examination helps to identify circumstances significant for resolving a civil case. Genetic fingerprinting can be done by collecting fingerprints from the child's grandparents or other relatives of the father.

After the trial, a decision is issued establishing the recognition of paternity. Based on it, the applicant must contact the registry office to register the fact of paternity. On this basis, the right to inheritance arises for the illegitimate children of the testator.

The presence of a will and its impact on the order of inheritance by children

If a parent leaves a will after his death, this will greatly simplify the procedure for his children to accept the inheritance. So, if he leaves his property to the children from his first marriage, then the children from the second will not be able to claim it, and vice versa.

By law, it is permissible to challenge a will, but such a procedure can only be started in court and only if there is significant evidence. For example, it can be proven that at the time of drawing up the will, the testator was not aware of his actions. If the court finds the testamentary document invalid, all heirs will be called upon in accordance with the law.

What property can the testator's children claim?

If the marriage is the second, then it should be assumed that in it the testator acquired new property. What inheritance can children from their first marriage claim? If the testator has entered into a new marital relationship, then the property acquired during his period will be classified as joint property and belong to the husband and wife on equal rights. One half of the property will belong to the testator, and the second to his wife.

Thus, after his death, one can claim the inheritance only to the extent that legally belonged to him. For example, ½ share in an apartment. The estate acquired by him after the divorce and before his second marriage and received as a gift will also be transferred to the estate.

Who is included in the circle of heirs to the testator's property?

If a will is not left, then all the children of the deceased will be able to claim the inheritance. All children are considered heirs of the first priority.

The following may apply for inheritance:

1. Full-blooded children from any marriage, regardless of their number.
2. Children born out of wedlock, if the paternity of the testator in their regard is officially recognized.
3. Children who were officially adopted by the testator.
4. Children in respect of whom the testator is deprived of rights as a parent.

There is a rule according to which inheritance is possible by right of representation. It has a direct bearing on children. For example, a father has a son and a daughter. The son has his own child. According to the rules of the law, if the father dies, the property will be divided between his children, that is, his son and daughter. If the son dies before his father or with him, then his inheritance share will pass to his daughter. In this case, it will not matter from which marriage the father has children, first or subsequent ones.

Deprivation of children from the first marriage of the right to inheritance

As stated earlier, deprive children born in the first marriage of the right to inheritance. can be done in several ways:

The best option is to draw up a will, since it can indicate any persons as heirs. It is difficult to challenge such a document, since the entire procedure, from its preparation to the opening of an inheritance case, is carried out with the help of a notary.

Another way in which former children can take ownership of a parent’s property is through donation. This procedure is possible only during the life of the donor. If all requirements are met when donating, then children from the first marriage will not be able to claim the inheritance.

Giving has its own risks, given that the property will immediately go to the children, and the donor himself will lose any rights in relation to it.

You are here: Home Family lawyer Establishing paternity after the death of the father

Establishing paternity after the death of the father

Legally, the father of the child is the man whose name is entered by the registry office in the birth register. The same information is duplicated on the child’s birth certificate. This formal fact is important because the record confirms the biological relationship between father and child without any other evidence. And kinship entails mutual rights and responsibilities of parents and children - inheriting from each other, receiving money, caring for a disabled family member, etc.

The names of the mother and father between whom the marriage is registered are entered in the birth register upon the application of either of the couple. In this case, paternity is assumed by virtue of marriage, and therefore, a separate initiative to register from the father is not necessary. When a child is born within three hundred days after the parents' divorce or the death of the father, the same rule applies.

The name of the father, who was in an informal relationship with the mother, is recorded in the book upon a joint application of the parents. When a man who was not married to the mother died, and before that did not have time or did not want to submit an application to the registry office recognizing himself as the parent of the child, paternity is officially established through the court.

Establishing paternity after the death of the father. who was not the official husband of the mother, is usually necessary to include the child in the circle of heirs and receive monetary support from the state due to the loss of a breadwinner. But the goal is also possible and intangible: the child’s mother or he himself may simply want legal recognition of biological kinship.

We will explain how paternity is established in practice after death through the courts.

Who can apply to the court with a request to establish paternity posthumously?

The following may apply to establish paternity in court:

These citizens will act as plaintiffs (applicants) in the lawsuit.

How to go to court to establish paternity?

During his lifetime, the child's father could recognize himself as such or not. This point is legally significant; the specific version of the procedure for establishing paternity in court depends on it. However, both establishment procedures are complicated by the absence of a father who could confirm or deny paternity. Let us consider in turn each option on how to establish paternity after death through the court.

Case one: the father recognized the child.

When a man has recognized paternity, then in court it is necessary to prove only this circumstance in itself through special proceedings to establish a fact of legal significance. The peculiarity of this type of civil proceedings is the absence of conflict between the parties, and therefore it is simpler and faster.

Satisfaction of the application for recognition of paternity will become the legal basis for entering the father's name in the record book and certificate. And the child will be able to receive cash benefits and participate in the division of the inheritance.

Which court should I go to? An application to establish the fact is submitted to the district court at the place of registration of the initiator of the procedure - mother, guardian, offspring, etc.

What to write in a paternity statement?

The statement describes the current situation with references to evidence of the father's recognition of parenthood. At the end of the application, the court is asked to establish the fact of recognition of paternity.

The application identifies interested parties - all citizens and organizations that could potentially be affected by the fact of establishing paternity. Usually these are the father's other children, his spouse, and other relatives, whose share in the inheritance will decrease after the appearance of a new heir. An interested party may also be the state represented by the social protection and social insurance authorities, which will be obliged to pay the child survivor benefits.

What other documents does the court need in addition to the application?

The application for establishing paternity shall be accompanied by:

How to prove the fact of recognition of paternity?

Despite the absence of a dispute with interested parties, the initiator of the court must independently prove that the father recognized his child during his lifetime, took care of him, provided him financially, and participated in his upbringing. This can be confirmed by various evidence:

The quantity of evidence does not matter, what matters is its quality and persuasiveness in the aggregate. Judicial practice knows many cases of posthumous establishment of paternity with positive decisions.

Important point. If, during the legal battle, the interested parties do not want to establish and begin to deny paternity, supporting this with evidence, the court will not consider such a statement. But anyone who wants to establish the fact of paternity will be able to achieve his goal by filing a lawsuit based on the same circumstances.

Case two: the father did not recognize the child.

If the alleged father did not recognize the child during his lifetime or even denied himself as such, then a claim must be filed in court to establish biological paternity. Unlike special proceedings, filing a claim presupposes an adversarial dispute between the parties and the presence of benefits and interests for each of them. This type of legal proceedings is more complex, longer, more difficult psychologically and often more expensive. The defendants in the establishment case will be the same interested citizens - members of the family of the disputed father.

A won court case to establish paternity will be the reason for the registry office to enter the father’s name in the book, and the legalized child will be able to claim an inheritance.

Which court should I go to? To the district court at the place of residence of the plaintiff.

What to write in a statement of claim? Again, the circumstances of the birth of the child are described. Upon completion, a request is made to the court to establish paternity. If the application is associated with material goals, then others are added to the first requirement: recognition of the offspring’s right to a share in the inherited property, assignment of a survivor’s pension.

What other documents does the court need in addition to the claim?

The appendices to the claim will be:

How to prove paternity?

In the context of a claim dispute to establish paternity, it is necessary to prove biological relationship, in contrast to the subject of proof in special proceedings. This can be confirmed by a molecular genetic study, the results of which will become the main evidence. The examination, if it has not been carried out earlier, is ordered by the judge and paid for by the plaintiff.

The difficulty of genetic research to establish paternity is the need to exhume the body of the alleged father to collect DNA material. This same circumstance determines the duration of the examination. In any case, the plaintiff should stock up on patience and fortitude. Cases of this category can take more than a year to be considered.

Sources: pravonedv.ru, m.yurist-online.net, www.vesta-m.info, www.papajurist.ru, www.uristvzakone.ru

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How are values ​​shared?

The estate includes both real estate and movable things . Additionally, this includes the rights and obligations a man has at the time of death. Therefore, recipients of houses, cars, money, securities and debts are determined.

Attention! The debt is repaid only to the extent of the value of the property received, so if the debt exceeds the price of the inheritance, the balance is written off, and the heirs are not required to spend personal funds to repay the debt.

The legal spouse has the right to inherit property after the death of her husband even in the case of separation . If a woman renounces her share, it is divided equally among the remaining heirs. The wife is considered a compulsory heir under Art. 1142 of the Civil Code, therefore, even if she is not indicated in the will, she can count on a certain share of the deceased’s property, and this is not affected by her age, length of marriage or state of health. But in this case, she receives only 50% of the share that she could receive by law.

Reference! If the widow can prove that the will was drawn up under pressure or at the time of its creation the deceased was considered incompetent, then under Art. 179 of the Civil Code, the document is disputed and loses legal force.

Will

During his lifetime, any person can ensure that his property is transferred to those whom this person wishes. To draw up a will, you must contact a notary.

This document must be drawn up in accordance with established requirements. Otherwise, it may be declared void or invalid, and will not have its legal force.

The following requirements apply to a will:

1. Mandatory writing.
2. Notarization indicating the place and time of this certificate.
3. Handwritten signature by the testator.

The document comes into force only after the death of the person who compiled it. The testator can change the conditions specified in it, as well as completely cancel it, an unlimited number of times during his life.

According to this document, absolutely any person can receive an inheritance, regardless of their relationship with the deceased. You can make a will not only to ordinary citizens, but also to legal entities.

You can also include in this document an unborn child, but one who must have been conceived at the time of drawing up the will.

However, when drawing up a will, it is important to know that the law provides for the mandatory allocation of shares to certain persons if they were deprived of the terms of the will.

The list of these persons includes the following citizens:

• children under 18 years of age, as well as those recognized as disabled;
• disabled spouse;
• disabled parents;
• as well as dependents, who may or may not be relatives, but are necessarily recognized as disabled.

In the event that this category of persons is left deprived by the will, they receive the right to be allocated half of the share that they would have received if inherited legally.

Stages and rules of registration

To understand how to enter into an inheritance after the death of a husband, you need to know that only 6 months from the date of death. The place of opening of the inheritance is the address where the citizen lived before his death. It is allowed to take into account the address of the most valuable property represented by real estate.

In law

If there is no testamentary act, then the widow, who lays claim to the remaining valuables, registers the inheritance with a notary after the death of her husband:

• within 6 months submits an application for inheritance ;
• the specialist is given the woman’s passport, the man’s death certificate, the official marriage certificate, as well as an extract from the house register containing information about the last place of residence of the deceased;
• within six months, the notary finds all the heirs and also draws up the necessary documents ;
• at the end of the term, all successors receive a certificate , with the help of which they confirm the right to the received values.

Important! A notary may require additional documentation to determine family ties or other purposes.

Based on Art. 333.24 of the Tax Code establishes the amount of duty levied on the inheritance received, and it depends on the presence or absence of family ties, as well as on the value of the valuables. Close relatives, which include wives, will have to pay 0.3% of the price of the property , but the total fee cannot exceed 100 thousand rubles. The remaining successors pay 0.6% of the value of the valuables , but not more than 1 million rubles. A woman receives an exemption from paying the duty only if she has a specific status, for example, if she is a participant or disabled person of the Second World War, as well as a hero of the Russian Federation or a holder of the Order of Glory.

By will

If, after the death of her husband, a woman discovers that he has a will, then she needs to contact the notary who prepared this document. If the widow is named in the order, then she receives the property of her deceased husband based on this documentation.

But if a woman finds out that her husband during his lifetime decided not to leave her his property, then she can only count on an obligatory share. The registration process consists of contacting a notary , after which after 6 months the widow receives a certificate with which she transfers the valuables to herself.

Acceptance of inheritance

In the event of a person’s death, his relatives are required to visit the notary’s office, which is assigned to the citizen’s registered address where he lived before his death. This must be done no later than 6 months from the date of death of the relative.

The notary checks from his database the presence or absence of a will from a given person.

In most cases, the relatives to whom the testator planned to transfer the inheritance knew that it had been drawn up, and sometimes even had a copy of the will in their hands.

But before formalizing the procedure for the heirs to assume legal rights, each notary is obliged to check the existence of a will. Sometimes its preparation is a surprise for relatives.

If a will exists, then family members, as well as other persons, are notified of its existence and of what is required according to this document.

Each heir decides whether to accept the given inheritance or refuse . At the same time, he can refuse in favor of someone, or simply.

In the absence of a will, each heir must submit an application to the notary's office stating that he wishes to accept the inheritance.

If such a statement is not received, this means that the person refuses the part of the property due to him.

In this case, his share is divided equally among other participants in this queue.

However, a citizen may have valid reasons for missing such a deadline:

• serious illness;
• ignorance of a person's death;
• absence of an heir in a given city and inability to come for a long time;
• other extenuating circumstances.

If they exist, the heir can, through the court, restore the missed deadline and apply for an inheritance. Then the notary will be forced to reconsider the division of the inheritance taking into account his presence.

Video: Accepting an inheritance and refusing an inheritance

Can a common-law wife receive an inheritance?

If an official marriage is not concluded between citizens, then they are not considered close relatives . Therefore, the woman will not be able to receive the inheritance of her partner. According to the law, they do not have family relations due to lack of registration.

Therefore, even if people live in the same territory for a long time, have children together and buy property with common money, the woman will not be able to lay claim to the valuables left over from her deceased partner. Therefore, even items purchased with common funds can go to strangers.

Attention! To avoid unpleasant situations, people living in a civil marriage can draw up wills.

Important information

A widow claiming the inheritance of her deceased husband must remember the following important points:

• All children can claim a man’s values ​​- they are also direct heirs after the death of their husband, even those born out of wedlock. Therefore, only evidence of family ties is sufficient;
• if the husband draws up a will in which the wife is the sole recipient of the property, then the valuables will still have to be divided with the obligatory heirs, which include children or dependents;
• a widow can even receive the last salary or pension of her deceased husband;
• if a woman renounces her share in the apartment, then her share equally divided among all the man’s children, even those born in a previous marriage;
• it is forbidden to refuse an inheritance in favor of another person, therefore the remaining share is automatically divided among other legal successors;
• a woman has the right to challenge the will of a deceased spouse if she has evidence that the document was formed under duress or the paper does not have legal force for other reasons.

If you take these rules into account, then there will be no difficulties with dividing the inheritance after the death of your husband.

Rights of the official spouse

The spouse, in addition to the obligatory share of the inheritance, has the right to her share of the property that was acquired jointly during the marriage. The property is divided into two parts, one of which belongs to the spouse, and the second share belongs to the deceased. This part is subject to distribution after the death of the testator among all heirs of the first priority, which includes the wife. The distribution of property occurs on the basis that all property is considered jointly acquired, however, property donated personally to one of the spouses does not include joint property. Exceptions may also arise if there are specific conditions of the marriage contract, if it was signed at the initiative of the husband or wife. Property that is an inheritance and is intended for distribution among heirs:

• objects of movable and immovable property, as well as bank deposits;
• income in full, savings, benefits and other funds (material assistance is not included);
• all other property acquired during a joint marriage, it does not matter who owned the invested money and in whose name the property was registered.

Items for personal use and things received as an inheritance or gift are not considered common and do not participate in the division of the spouse’s inheritance. The share of each of the first priority applicants is equal to the share of the other heir. Due to the burden of obligations associated with inheritance, one of the heirs often renounces their part.

An example would be a situation where real estate intended for inheritance is acquired along with a debt, the amount of which is much higher than the value of the property received. Then the wife and other heirs have the right to refuse the inheritance. The refusal is issued by a notary who is authorized to conduct the case. Other applicants in line will inherit property in proportion to their share.