How to restore the deadline for entering into an inheritance if it is missed

Missed deadline

But if six months have already passed, time is considered lost. Not a single notary will accept a standard application - after six months, the latecomer is not entitled to anything. But there is still one last chance: you will need to convince the court that you had serious reasons for the delay. If you manage to collect evidence, the period for entering into inheritance will be increased especially for you.

Remember! Six months after death! Moreover, here it is absolutely not important whether the deceased had a will or not. Six months, anyway. For any heirs: parents, children, close relatives or not relatives at all. It makes no difference whether there is a will or the property is simply divided into parts by everyone. The methods to extend the missed deadline are also the same.

Is it possible to restore the missed deadline?

If neither traditional nor actual acceptance of the inheritance has occurred, the heirs can restore the missed deadline for accepting the inheritance. Article 1155 of the Civil Code of the Russian Federation is devoted to the issues of accepting an inheritance after the six-month period established by law has expired. The inheritance can be restored in court and out of court (under certain conditions).

note

Let's give an example. After the death of his father, a man submitted an application to the notary's office to accept the inheritance. His father lived in a civil marriage with a woman until the moment of his death, in which the couple had a daughter. The heir did not know that the father recognized his daughter by law, although he did not register the marriage with her mother. The father's common-law wife also did not know that her child had the right to inheritance, so she did not submit an application to accept the inheritance as the legal representative of her daughter. The man entered into inheritance rights, and the woman soon learned that her daughter was also the first-rank heir by law. She went to court, and the court restored the right to inherit, despite the fact that the six-month period had been missed.

Agreement with relatives

Actually, everything can be resolved amicably, but this requires good relations with the other heirs. With those who were on time and entered into the inheritance in the first six months. These people must agree that they not only got their share, but yours too. And also agree to give you a share (or pay you in money). Moreover, all this is not said in words, but written down on paper.

If at least one of the successful heirs refuses to sign such a paper for you, you will have to go to court. If there were no other heirs besides you, then you will also need to go to court. And finally, those who managed to miss the six-month deadline all together (family or company) will have to sue. Otherwise, it will be considered that since no one entered into the inheritance, then no one needs it - and everything goes to the state.

Costs for legal proceedings on a claim to restore the period for accepting an inheritance

Protecting the interests of the principal at the stage of preliminary meetings

Protecting the client’s interests at the appeal stage

Protecting the interests of a citizen at the cassation stage

Drawing up procedural motions

Writing appeals

Writing cassation appeals

Obtaining court decisions, registering property on their basis, a claim for restoration of the period for accepting an inheritance

Seizure of property

Removal of seizure from property objects

Appealing property rights in court, canceling registration records

Challenging wills, recognizing one of the heirs as unworthy

How is this done without a trial?

Without a trial, this is what you need to do. Firstly, you will need to contact all (!) successful heirs and request their consent. The heirs can agree one by one, then you will end up with a stack of documents in your hands. Or you can draw up one common paper and collect only signatures from everyone. It's whatever is more convenient for you.

But then it will be more difficult. The resulting paper (or stack of papers) must be certified by a notary. Moreover, all participants in the events, all heirs - both those who were late and those who were in time - need to come to this notary. This cannot be done by mail.

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So that no one later says that he was deceived, the notary will once again explain to everyone that the shares will be smaller - after all, they will have to allocate a part to the latecomer. If at this moment no one changes their mind, the notary will certify the consent.

After that, all that remains is to issue certificates of inheritance for everyone. For all! If the successful heirs have already been issued their certificates, the notary will cancel them and issue new ones. The difference between new and canceled ones will be precisely that another heir will be added and the shares will become different. If the certificates have not yet been issued to anyone, then nothing will have to be canceled. They will be issued immediately taking into account the person who is late.

Reinstatement of the term through the court

If there are disagreements among the heirs and it is not possible to sign a conciliation document, the emerging heir can apply to the appropriate judicial authorities to restore the deadline for accepting the inheritance in court. To do this, the plaintiff has three years after the issuance of a certificate of inheritance to other heirs.

You must contact the district court where the testator’s property is located. If the mass of inherited property does not include housing, land, a garage or a summer house, the statement of claim must be filed with the court of first instance at the place of residence of the deceased.

How to draw up a claim correctly

An application to the district court for restoration of the term is submitted in any form. However, it has several mandatory points:

full name of the court where the claim is filed;
personal data of the author of the application: full name, passport details, place of registration and actual address of residence, telephone number where the plaintiff can be contacted at any time;
briefly describes the circumstances that led to the missed deadline;
request to restore the deadline;
a list of documents confirming the specified reason for missing the deadline is provided;
put a date;
the application is signed.

Attention: an example of a sample statement of claim can be downloaded here.

Attached to the claim:

photocopies of the application according to the number of defendants, plus one for the plaintiff - it is marked with a registration mark from the court office;
receipt of payment of state duty;
copies of papers confirming the validity of the reason for missing the reason;
a copy of the will, if available, or documents confirming the relationship, if the heir plans to inherit by law;
death certificate of the testator.

The court's recognition of the heir's right to restore the deadlines for entering into an inheritance restarts the inheritance case. The countdown starts from the day the court decision comes into force, since the heirs can appeal to a higher court.

Consent of other heirs

Even if the relationship between everyone is excellent, there may be problems with obtaining consent. The most convenient case is when working adults come to an agreement with each other. But in life it often happens differently.

For example, there is a child among the heirs. His rights are protected by law and cannot be infringed. If the notary decides that reducing the child’s share infringes on his rights, he will simply refuse to certify the agreement. It’s the same story with incapacitated people: you can’t take away their shares, even if everyone seems to agree.

Heirs and inheritance

Let's say the heir named in the will is late. Now each of those who were in time must sign a paper - they say they agree to reinstate the latecomer’s rights. The trick is that these rights will be determined precisely by the will. The latecomer will receive the share of property that is named there. Not necessarily “equal to others” or “a little bit from everyone”! Other heirs often don’t understand this: they think that they will sign an agreement and share as much as they like. No! It will be as promised, and they won’t even be asked.

Let's imagine that the family divided the uncle's inheritance. And then they found a will, according to which the uncle, it turns out, leaves everything to his neighbor. If the relatives sign the consent, then the will begins to work. And the family must give the neighbor all his uncle’s property and money. Don't share partially, but give completely! Because the will says so, and they themselves agreed to “run” this will. It is clear that such agreements are rarely signed voluntarily.

How to draw up a statement of claim to restore the deadline for accepting an inheritance

A claim for restoration of the deadline must be submitted exclusively on paper.

The text of the application includes the following information:

Name of the court and address of its location;
Information about the plaintiff and defendant: full name; residential address.
Information about the testator: full name; day of death.
List of property that will be inherited;
Grounds for transfer of inherited property (will or law);
Justification for missing the deadline for transferring ownership;
List of documents that are attached to the application;
Date and signature of the plaintiff.

Sample application

According to the structure of the claim, like any statement, it is divided into several parts: introductory, main, motivational, pleading.

The introductory part is drawn up in the upper right corner and is as follows:

name of the court;
information about the applicant and respondent: full name; place of residence and registration;

The main part begins with the heading “Statement of claim for restoration of the period for accepting an inheritance.”

The following follows from a new paragraph:

Date of death and full name of the testator.
List of property;
Full name of the heir indicating the grounds for ownership;
The reasons why ownership was not transferred within the prescribed period;
Listing of other heirs.

The motivational part is a link to the normative act, which indicates the reason for reinstating the deadline.

After motivation comes a request to restore the deadline for acceptance.

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Svetlana Samoilenko

Inheritance lawyer

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The structure ends with a list of documents indicating the number of copies that are attached to the statement of claim. The end of the petition is the date and signature of the plaintiff.

For convenience, we offer a statement of claim.

Heirs' objection

We gave an example of a situation (with an uncle and a neighbor) when the heirs who were in time are unlikely to support the late one. Most likely, she will be turned away right away. And such refusals happen much more often than peace treaties. No one is happy to return money already received.

So if you, as a late heir, initially see that your appearance is a big hit in the pockets of those who managed to do so, then immediately prepare for refusal and legal proceedings. Those who succeed have the right to refuse you without talking. The refusal is issued in writing, and this is done again by a notary. After you have received the refusal document from the notary, you can go to court with this document.

Some heirs are better protected than others. These are those from whom, by law, their obligatory shares cannot be taken away. For example, young children of the deceased. Even if the deceased made a will in which he transferred everything to other people (and did not mention children), this document will only be partially valid.

First, the children will be allocated their shares, and only then, for the remainder of the inheritance, will the will work. In such cases, the heirs also do not like to sign anything. Because they risk a lot: you can come to an agreement, sign an agreement, and then such a protected heir will suddenly put forward new demands. And they will be satisfied, and the rest will get less than what was agreed upon.

Reinstate the term in court

So, it was not possible to resolve everything peacefully: the other heirs refused to share. Or, in general, everything turned out to be lost and has already gone to the state. Then there remains the trial.

For the trial, papers will be required: firstly, a waiver of other heirs. Secondly, a statement of claim in which you demand an extension of the missed deadline. And thirdly, evidence documents that should convince the court that you were late for good reasons. Additionally, you will need copies of death and birth certificates, a will (if there is one), a receipt for payment of fees, etc. - for order.

Documentation

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

But, in addition to convincingly stating in the statement of claim the reasons for the untimely application for the inheritance, it is necessary to present to the court evidence of these reasons .

Depending on the circumstances and by virtue of Art. 205 of the Civil Code of the Russian Federation, such evidence can be: certificates from medical institutions, certificates from places of work, documents confirming stay abroad, in places of imprisonment, in military service, and so on. Evidence may include witness statements, personal letters, and telephone recordings.

This is important to know: Appealing the decision of the magistrate in the appeal procedure: deadline and procedure

In addition, the claim must be accompanied by documents confirming the right of inheritance:

Passport;
Death certificate;
A document confirming the relationship (birth certificate, marriage certificate, adoption certificate) - if inheritance occurs by law;
Will – if inheritance occurs under a will;
Documents for inherited property;
Refusal of a notary to accept an application for inheritance due to a missed deadline;
Document confirming payment of the filing fee;
Copies of documents - according to the number of participants in the trial (defendants and third parties).

Prepare copies for the court, and have the original documents with you. The judge may request the original to verify information from a copy, for example, an air ticket to another country.

How to file a claim?

You have to sue the heirs or the state. These are your defendants who need to be listed in your application. Instead of “state,” you must indicate the municipality that received the lost property. Well, list the human heirs in a list. Note! If you want to get your full share, you need a complete list. You are suing everyone at once, not just one.

The application can be filed with the court in the city where any of the defendants is registered. The court's decision will be binding on everyone, even those living in other places. Or there is another option - you can go to court where the inheritance is located (for example, when we are talking about an apartment, it has its own address).

Judicial procedure for restoring the deadline for accepting an inheritance

If it is impossible to resolve the issue of inheritance through conciliation, regardless of the reasons, it will be possible to restore the missed inheritance period through the court .

To go to court, you must have a missed deadline and a personal appeal from the heir to the specified body or his representative . In the event of the death of the heir, it will not be possible to restore the period. That is, if a person who did not have time to accept the inheritance died, then his heirs have the right to express their desire to acquire the unaccepted inheritance through the procedure of hereditary transmission.

Art. 1156 of the Civil Code of the Russian Federation, contains a provision on hereditary transmission, which represents the acceptance by heirs of property due to a person who did not have time to accept the inheritance in due time. For example, if a citizen’s grandfather died, and his father, that is, the testator’s son, also died without having time to properly accept the property, then the grandson must accept the inheritance for his father. In this case, the acceptance of the inheritance due by law or the will of the heir of the person who did not have time to accept his inheritance is not included in the mass of property left by the second testator.

Attention

An application to the court must be accompanied not just by a desire to acquire property, but also reason why the person did not enter into inheritance in a timely manner.

It is also necessary to pay attention to the fact that the agreement of the Russian Federation with Bulgaria, Hungary and Poland on legal assistance contains a provision that the period of time for citizens of these states who died on the territory of the Russian Federation begins to be calculated not from the moment of death, but from the moment the day on which the diplomatic or consular mission was notified of the death of a citizen of their country.

Reasons for reinstating the deadline for accepting an inheritance

The legislator, having established a six-month period for accepting an inheritance, gives the opportunity to persons who did not manage to realize the succession at the specified time, in certain cases, to restore the period and become the owner of the due inheritance share, or its entire mass.

Art. 1155 of the Civil Code of the Russian Federation, allows you to restore the term in 2 cases :

the heir did not know and should not have known about the opening of the inheritance;
another good reason.

After a person has learned about the death of the testator or he has the opportunity to go to court, he must submit an application to the specified authority no later than six months. In this case, the general period for protecting rights in court is narrowed from three years to six months .

The rules of law do not contain a specific list of valid reasons and there is not even a criterion for respect. The decision of this issue is entrusted to the judicial authority; as a rule, such reasons are considered to be the illness of the heir or his long business trip.

A number of valid reasons include the fact that the heir did not know about the existence of the testator’s property. For example, after the death of a citizen, after half a year, title documents for some property or a savings book, etc. were found.

If the heir did not know about the death of the person, it is necessary to take into account the reasons why the relationship was not maintained. Termination of relations for the reason that the successor did not fulfill the obligations to support the testator, the fulfillment of which is assigned by law, will not be considered valid .

The deadline will be restored in any case if it is missed by a minor, incompetent, or partially capable person . Since these persons do not have absolute legal capacity, they cannot fully understand the significance of the actions taking place and the consequences of not performing them, the legislation protects the property interests of this category of citizens and allocates them this kind of legal privileges

Important

The untimely acceptance of the inheritance by the above-mentioned persons could be caused by improper performance of duties by their legal representatives, who should have applied or agreed to apply to a notary for a certificate of the right to inheritance.

Restoring the deadline for accepting an inheritance must be distinguished from the establishment of a legal fact . The point is that a citizen who has actually taken possession and use of property, albeit without documentary evidence, having missed the deadline for contacting a notary, must not restore it, but petition to establish the legal fact of the heir’s acceptance of the inheritance.

In this situation, the fact of ownership must be indisputable; for example, the heir lives in the apartment of the deceased, takes care of the home and maintains its normal condition, and pays for utilities.

Statement of claim for restoration of the term for accepting an inheritance

The statement of claim is filed in accordance with the specified legal requirements. The content depends on the specific situation; in the case of drawing up an application independently, you can be guided by Art. 131 Code of Civil Procedure of the Russian Federation.

A list of documents is attached to the claim :

copies of the application according to the number of defendants and third parties + 1 for the plaintiff, which will contain a note indicating the acceptance of the package of papers;
receipt of payment of state duty;
power of attorney , in case of representation of the plaintiff by another person;
copies of documents confirming the circumstances referred to by the plaintiff;

These can be certificates from the hospital, from the place of work, indicating that the reason for missing the deadline is valid, documents characterizing the composition of the inheritance, etc. All arguments that the plaintiff points out in the claim must be supported by documentary evidence.

The statement of claim is filed with the district court at the place of residence of the defendant, if his location is unknown, then at the location of the property. In cases where there are 2 or more defendants, the plaintiff has the right to file an application with the court at the place of residence/location of one of the defendants, of his choice.

For your information

If the property is an inheritance or part of it, then it is necessary to restore the period through the court at the location of this property.

Court decision to restore the deadline for accepting an inheritance

Restoring the deadline for accepting an inheritance due is a procedural concept, since such actions are carried out through a statement of claim in court.

By decision, the court does not extend , but directly resolves the issue on the merits . The proceedings are conducted by listening to the plaintiff, defendants and third parties, if any, and examining the evidence provided.

In addition to restoring the deadline, the court in its decision may consolidate the ownership of the due share in the inheritance if the plaintiff asked the court about this in a statement. After a decision has been made in favor of the plaintiff, there is no .

If it is necessary to register rights with a justice authority (or other institution), the court decision is a legal document. On its basis, the procedure for transferring rights to property takes place.

The court not only satisfies the claim if the reasons for missing the deadline are recognized as valid, but also determines the shares of all other heirs . If the need arises, during the legal proceedings, measures are determined to protect the rights of the plaintiff to the due portion of the inheritance.

Example

Citizen C missed the deadline for accepting the inheritance after his mother, as a result of which all the property left behind by the deceased was considered escheat and was subject to transfer to the municipality. The reason C missed the deadline for accepting the inheritance was that he was undergoing treatment at an Israeli oncology clinic, which was a valid reason for missing it, and therefore C was advised to go to court to have it reinstated. Having filed a lawsuit to restore the deadline on the basis of clause 1 of Art. 1155 of the Civil Code, S provided all documents confirming his stay in treatment, as well as his inability to leave it. Since S filed the claim immediately upon returning from Israel, he did not miss the six-month period after the reasons for the absence ceased, and therefore the court satisfied his demands and restored the period for accepting the inheritance.

You can protect your rights and prevent the re-registration of the inheritance claimed by the plaintiff to third parties received by the remaining heirs by imposing a ban on registration actions with the subject of the dispute. In civil law, these actions are called interim measures, which are imposed by the court at the request of the applicant for property.

Early issued certificates of the right to inheritance are recognized by the court as invalid if a positive decision is made in favor of the applicant. If the notary has not yet issued any papers, then the issuance is suspended .

The judicial act comes into force after a month from the date of its issuance. Either party, if dissatisfied with the decision, has the right to file an appeal. The decision of the second instance comes into force immediately after it is made.

Accepting an inheritance in accordance with the norm of Art. 1155 of the Civil Code of the Russian Federation, a citizen has the right to receive property that is due to him, subject to certain rules :

The heir must be returned the property , which is unjust enrichment for the remaining successors, in kind . In the event of a shortage or deterioration of property that occurred after the new claimant to the inheritance became known, the acquirer will have to bear responsibility for the damage, and until this point liability arises for gross negligence and intent.
If a person (an heir who has already received property / a citizen who has saved the property of the testator) cannot return what belongs to the heir who missed the deadline, then the first will have to compensate the actual value of the property and losses that were caused by the untimely return of the real amount.
A person (an heir who has already received property / a citizen who has saved the property of the testator) is obliged to return / compensate to the citizen who entered into the inheritance by court decision or in a conciliation procedure, the income received from the moment he learned that this property belongs by inheritance to another person .
In turn, a person who has received unjust enrichment or saved property has the right to demand compensation for losses incurred to preserve the property. Such a right becomes invalid if a person intentionally withheld the inherited share of another person.

Attention

All of the above rules apply to inherited property obtained through litigation. In the event of a conciliation procedure, these rules will apply unless otherwise specified in the agreement.

The deadline was missed due to ignorance of the fact of death

There is usually a funeral before receiving an inheritance. But sometimes (very rarely!) everything works out without them. If a person goes missing, he can be officially declared dead. Anyone who achieves such official recognition can easily hide his actions from others. Then he will take the inheritance while other people continue to search and wait for the missing person.

Of course, declaring someone dead is not that easy. The court does this too. It is necessary that there is no news about the person for more than five years. Or he must disappear during some kind of catastrophe (tsunami, explosion, big fire, volcanic eruption, etc.) - when the danger of death is great. Let there be no body left.

Whoever filed the lawsuit will receive a document confirming that the person is considered dead. And with this document he will be able to take the entire inheritance for himself without telling anyone anything. You can discover such a “trick” completely by accident. Someone will stumble upon the papers or for some reason check the name of the deceased in the database. And sometimes the “magicians” brag themselves.

It is important to know that in such situations (not dead, but “recognized dead” - and quietly, in secret), the six-month period will also be restored.

Deadline missed due to medical reasons

Another common reason is medical. Often the death of a loved one is hidden from the heir so as not to undermine their fragile health. For example, if two loved ones were in an accident and one of them died on the spot, and the other was seriously injured. The victim in the hospital may not be told about the death of a loved one, so as not to worry. He will learn the terrible news when he gets stronger. And the deadline for entering into inheritance will, of course, be extended.

It works roughly the same way when the heir, according to doctors, is at risk of a heart attack. Or he's recovering from a stroke. Or lies in intensive care unconscious. There is no specific list of diagnoses; doctors themselves decide whether to report. And the court supports these doctors.

But it happens a little differently. The heir is in the hospital and already knows about the death. But he has to undergo treatment, so he cannot deal with paperwork. Here the court's decision will depend on how serious the diagnosis is. You will need to prove that you really could not come to the notary.

Valid reasons for reinstating the deadline for accepting an inheritance

The reasons for missing deadlines for accepting an inheritance can be very different. During the trial, it must be proven that the reasons for such absence are valid. When considering a claim, the court can determine valid reasons for missing the deadline for accepting an inheritance; in practice, courts often include the following:

ill health, serious illness;
going abroad and not being able to return;
incapacity (complete, partial);
not knowing about the death of the testator;
illiteracy;
other reasons that may be recognized by the court as valid.

This list is not exhaustive and each specific case is considered by the court separately based on the circumstances that existed during the period for accepting the inheritance. Of course, there must be documentary evidence.

If the court determines that there are grounds for restoring the period for entering into inheritance, the heir will receive an additional period. If you missed it, then immediately seek advice from specialists who are knowledgeable in resolving such issues.

If the heir cannot come

The court will probably extend the deadline for the heir if he could not arrive on time. This refers to circumstances that cannot be influenced.

For example, if a foreigner is not given a visa to Russia, he is unable to do anything. Or when a person is in prison, and notaries are not allowed there. In fact, even a business trip is often considered a fairly valid reason.

What to do in such cases? In order. You need to find a notary who will handle the inheritance registration. There are many notaries, but they work in districts (like local notaries). That is, the case will not be dealt with by a random specialist, but precisely by the one to whom the address of the deceased is “attached”. And if you know where the person was registered, you can find the notary you need - he accepts somewhere in the same area.

When you don’t know the registration address, you need to look at where the property is located. If the inheritance is located in several places at different addresses, then look for the largest and most valuable part. And contact the notary who serves this area. Because he will find out one way or another if the re-registration of someone’s property on his site begins.

Even if you are not sure that you are entitled to part of the inheritance, it is still better to write a letter. Tell the found notary: what is your name (with passport data), who is related to the deceased and at what address to contact you. Now they know about you, and if later it turns out that you are also an heir, the notary will inform you (this will be his responsibility).

Recovery procedure

Restoring the right to inheritance is a long, complex process that causes a lot of conflicts. It is applied in cases where the legal heir was unable to receive the property due to him in the case when he had the right to it. At the same time, the heir whose rights have been violated must have a very good reason for not declaring his rights within the 6 months given to conduct the inheritance case. Such reasons may include:

Intentional concealment of the fact of inheritance;
The serious health condition of the heir;
Long departure.

And some other factors. Restoring the inheritance period is generally not a difficult situation from a legal point of view. The main problem is the almost inevitable occurrence of conflicts with other recipients of property. They can be caused by the fact that when filing a claim to restore the term for accepting an inheritance, the decisions previously made by the notary and the certificates of inheritance issued are canceled. That is, the heirs who have already received their property lose it and it is redistributed again. At the same time, property rights based on inheritance are also annulled. Thus, the recovery order is as follows:

The heir files a claim;
If it is successfully reviewed, the property rights of other heirs are canceled;
The inheritance is transferred to the notary;
He redistributes the property taking into account the rights of the injured heir.

You can file a claim if:

The heir was included in the will, but another person received his share instead. In this case, other heirs are not considered;
The heir was not included in the will and now wants to cancel this will, while distributing the inheritance according to the law;
The heir had the right to property in the order of succession, but was unable to exercise this right.

Warning

The statute of limitations for the case of restoring the period for accepting an inheritance is a very inaccurate figure. As a rule, the rule established by part one of Article 196 of the Civil Code of the Russian Federation is applied to such cases, that is, the victim has 3 years from the moment he learned about the violation of his right to file an application. However, as practice shows, applications for consideration of cases on restoration of the right to inheritance are not accepted after 10 years from the date of closure of the inheritance.

Evidence to restore the term

It is clear that collecting information is a difficult and time-consuming task. Even if no one is specifically hiding it from you. Let's say you are in another city, had little contact with the deceased, or simply did not talk to him about business. So they could not know how many and where a person had apartments, summer cottages and cars.

You can easily skip six months here. And the outcome of the trial is difficult to predict in advance; such cases are the most “shaky”, and they don’t happen every once in a while. The decision can be anything and depends on a lot - for example, how much the deadline was missed. We advise you to immediately involve a lawyer, such cases are always difficult.

When there is no point in suing

A professional will look for clues in any situation, but sometimes there is really almost no chance of success. The most obvious case is if a person knew everything and communicated with other heirs. But at the same time he did nothing, did not draw up documents for himself. And others were registering at this time.

And now everyone has everything in order, but our latecomer suddenly changed his mind and wanted his share. But it's too late! He will almost certainly be denied in court. Even if he did not sign an official refusal on paper! It is enough to simply do nothing for the court to decide that this person does not need anything.

There are more subtle situations. When there really was a serious reason for being late, but it is not clear for how long this reason applies. For example, you were in the hospital and could not arrive. But then you were discharged, but you still didn’t arrive. Everything here will be at the discretion of the court. Most likely, the judge will count six months from the date of discharge from the hospital. And if he finds out that you did not meet even this time, he will refuse completely.

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Application to the court to restore the deadline for accepting an inheritance

» Inheritance of obligations September 03, 2020

Statement of claim for restoration of the period for accepting an inheritance

A sample statement of claim for restoration of the period for accepting an inheritance, taking into account the latest changes in current legislation.

In __________________________ (name of the court) Plaintiff: ______________________ (full name, address) Defendant: ____________________ (full name, address)

STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (indicate good reasons for missing the deadline).

Besides me, the heirs are _________ (full name of the heirs, degree of relationship with the deceased). Other heirs also missed the deadline for accepting the inheritance; after the death of _________ (full name of the deceased), they do not lay claim to the inherited property.

In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline ceased.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Restore the deadline for accepting the inheritance of the opened “___”________ ____ after the death of _________ (full name of the testator).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property
Documents confirming valid reasons for missing a deadline

Application submission date ___ _________ ____

Plaintiff's signature _______

statements:

How to write a statement of claim to restore the deadline for accepting an inheritance

The six-month period established by law for accepting an inheritance may be extended by the court if the court recognizes the reasons why the deadline was missed as valid. The heir must file a claim with the court to restore the period for accepting the inheritance no later than six months after he became aware of the inheritance.

On this claim, a positive decision by the court can be made only if the plaintiff proves the totality of the following circumstances:

the heir did not know and could not know about the opening of the inheritance
the heir missed the deadline for accepting the inheritance for reasons that must be valid.

For example: ignorance of the death of the testator, long business trip, serious illness, helpless state, service in the Armed Forces, illiteracy, as well as other reasons that may be recognized by the court as valid.

All circumstances referred to by the applicant in the statement of claim for restoration of the deadlines for accepting the inheritance must be confirmed by documents or testimony of witnesses.

If you lived with the testator in the same residential premises and can prove the actual acceptance of the inherited property, you also have grounds to file a claim in court to restore the deadlines for accepting the inheritance.

To prove the actual acceptance of the inheritance, you can provide paid utility bills, receipts for the purchase of household appliances and building materials for home renovation, and also obtain testimony from witnesses.

You can independently draw up a request to restore the deadline for accepting an inheritance, a sample located on this page, and also use the services of our qualified lawyers to draw up this claim.

When filing a claim to restore the deadlines for accepting an inheritance, it is also recommended to petition the court to take measures to ensure the safety of the inherited property. This is necessary so that the heirs who have entered into the rights of inheritance cannot alienate the specified property, i.e. sell, exchange, donate.

Among the requirements of the statement of claim for the restoration of the terms of acceptance of the inheritance, one can also include a request to establish the right of ownership of the property. This will significantly shorten and simplify the procedure for entering into an inheritance and processing documents for property rights.

Heirs who have already assumed their rights of inheritance must be brought in as defendants. Their absence at the court hearing may be a reason to postpone the consideration of the case.

An accepted statement of claim to restore the deadlines for accepting an inheritance is considered by the court within two months. At this time, the court establishes the facts to be proven, examines evidence, and interviews witnesses.

If the court recognizes the reasons for the untimely acceptance of the inheritance as valid, the claims will be satisfied. The court makes a decision to restore the deadlines for accepting the inheritance and recognizing the plaintiff’s right to enter into the inheritance. If a request to establish ownership of the property was included in the statement of claim, the court also makes a decision recognizing the plaintiff’s right of ownership of the inherited property.

The court decision comes into force 10 days from the date of its adoption.

When filing a claim to restore the deadlines for accepting an inheritance, a state fee is paid. Its size depends on the amount of the claim.

The Tax Code of the Russian Federation provides for the following amounts of state duty:

if the price of the claim does not exceed 20,000 rubles, a state duty is paid in the amount of 4 percent of the price of the claim, but not less than 400 rubles
from 20,001 rubles to 100,000 rubles - the state duty is 800 rubles plus 3 percent of the amount exceeding 20,000 rubles
from 100,001 rubles to 200,000 rubles - the amount of state duty is 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles
from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles
over 1,000,000 rubles - the amount of state duty is 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 6,0000 rubles.

Thus, the minimum amount of state duty paid when filing a claim to restore the deadlines for accepting an inheritance is 400 rubles, the maximum is 60,000 rubles.

If the court has previously considered a dispute about the inheritance claimed by the plaintiff, the amount of the state duty will be 200 rubles.

Sample statement of claim for restoration of the period for accepting an inheritance

Sample application for restoration of the deadline for accepting an inheritance.

Oktyabrsky District Court of Kr-sk Address: Kr-sk, Lenin Ave., 2 Tel. 41-92-81

Interested person: Vasilieva Vasilisa Vasilievna, Address: 664019, Kr-sk, st. Lenina, 115, apt. 22 Tel. 914 813 6140

Application for restoration of the deadline for accepting an inheritance.

On January 5, 2017, Ivanova Maria Ivanovna died. In accordance with part 1 of Art. 1142 of the Civil Code of the Russian Federation, the heirs of the first priority according to the law are the children, spouse and parents of the testator.

Vasilieva Vasilievna Vasilievna is the heir of the first stage by law after the death of her mother Ivanova Maria Petrovna, which is confirmed by birth certificate No. issued by _______, and marriage certificate No. issued by ________ concluded between Vasily Vasiliev Vasilyevich and Ivanova Maria Petrovna.

Since the plaintiff did not know that her mother had any property that she could inherit, she missed the deadline for accepting the inheritance.

In August 2020, the plaintiff learned that deposit accounts had been opened in the name of Maria Petrovna Ivanova at a branch of OJSC Bank and the plaintiff, as an heir, has the right to receive compensation for deposits. This circumstance is confirmed by the response to the notary’s request, according to which deposit accounts No. were opened in the branch of OJSC Bank in the name of Maria Petrovna Ivanova. In accordance with Art. 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance.

According to Art. 114 of the Civil Code of the Russian Federation, the day of opening of an inheritance is the day of the citizen’s death. By virtue of Part 1 of Art. 1115 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline ceased.

According to the Federal Law on the restoration and protection of savings of citizens of the Russian Federation dated May 10, 1995 No. 73-FZ, state-guaranteed savings are recognized as funds placed on deposits in the Savings Bank of the Russian Federation in the period until June 20, 1991. Compensation payments on household deposits are made in in accordance with the rules annually approved by the Decree of the Government of the Russian Federation, and are calculated based on deposit balances as of June 20, 1991.

In accordance with Decree of the Government of the Russian Federation dated December 25, 2009 No. 1092, citizens of the Russian Federation born in 1946 - 1991 (including heirs belonging to this category of citizens) are paid compensation in the amount of 2 times the balance of deposits in the Savings Bank of the Russian Federation as of June 20, 1991 (based on the nominal value of banknotes in 1991).

In accordance with paragraphs. clause 7 of the said Resolution, compensation payments are made in the divisions of the Savings Bank of the Russian Federation at the location of the deposits to depositors (heirs) or their representatives on the basis of a power of attorney issued in the prescribed manner, upon presentation of a passport and application (for closed deposits), and to heirs - also on the basis of documents confirming their right to inheritance and the death certificate of the owner of the deposits.

Based on the above, I ask:

1. To restore to Vasilisa Vasilievna the period for accepting the inheritance that opened after the death of Ivanova Maria Petrovna, deceased DD.MM.YYYY, in the form of cash deposits with all payments and compensation due for them, in accounts No. No. ________, opened in the name of Ivanova Maria Petrovna in OJSC Bank.

2. Recognize Vasilisa Vasilievna as accepting the inheritance that opened after the death of Maria Petrovna Ivanova, deceased DD.MM.YYYY, in the form of cash deposits with all payments and compensation due for them, in accounts No. No. ________ opened in the name of Maria Petrovna Ivanova in OJSC Bank.

1. Death certificate of Maria Petrovna Ivanova. 2. Request for a notary. 3. Birth certificate of Vasilisa Vasilievna Vasilieva. 4. Marriage certificate between Vasily Vasilyevich Vasilyev and Maria Petrovna Ivanova. 5. Notifying the notary about the need to restore the deadline for accepting the inheritance in court.

Vasilieva Vasilisa Vasilievna

Application for restoration of the deadline for accepting an inheritance

The process of registering an inheritance can be quite complicated. Many people are faced with the fact that they do not know exactly the deadlines for taking possession of the property.

There are cases when a notary is unable to sign a certificate of inheritance rights due to a missed deadline. In this regard, you need to know how to write an application to restore the deadline for accepting an inheritance.

However, resolving this issue involves various nuances that you should know before contacting a lawyer. So, let's look at:

What is the deadline for entering into inheritance?
What should be done to restore the deadline?
How to write an application for restoration of the period for registration of inheritance?

It is important to remember that any difficulties with registration of inheritance should be resolved with a specialist. Therefore, in every situation it is necessary to contact an experienced lawyer who can legally solve the problem.

Deadlines for registration of inheritance

Very often, heirs who, for various reasons, did not enter into inheritance in a timely manner turn to legal services.

To resolve this issue, it is necessary to collect enough evidence on the basis of which it would be possible to restore the period for accepting the inheritance of the left-behind property.

In addition, the heir will need to work hard to:

Complete the necessary documents.
Apply to the court.
Prove in court the legality of your actions.
Restore the right to inheritance.

The most common reason for missing the deadline for accepting an inheritance is ignorance that a person has such a right. There are also situations when the testator does not know the exact date of death of the owner, so do not rush to transfer the inheritance left to yourself. Or the time for completing all the documents was delayed, and the heir did not have time to complete all the certificates on time. In addition, there are other significant reasons why a person may not receive property as an inheritance in a timely manner.

Establishing the legality of accepting an inheritance

A notary may decide not to issue a certificate of title to property due to the fact that there is not sufficient legal evidence to establish such a fact. In this case, the heir can write an application to the court and, through legal proceedings, inherit the property left behind. In addition, in court you can obtain legal grounds for receiving an inheritance.

You can go to court in connection with the issue of establishing the last place of residence of the deceased owner. After the proceedings, the heir will be issued a document, which he must provide to the notary for the execution of the certificate.

There is no need for plaintiffs to go to court at the place of residence of the testator. An application for restoration of the deadline for accepting an inheritance can be written in the judicial department where you live.

Establishing the legality of accepting an inheritance may be necessary in a number of cases when:

This has legal implications. In other words, such a decision may affect the rights of heirs who are closely related to the owner.

This is not a property proceeding. Such disputes must be resolved in court. However, court proceedings can take a long time, so this issue should be addressed to the court as quickly as possible.

By turning to a lawyer for help, you can ask him to represent you in court. Thus, he will help to correctly prepare documentation for the court and legally resolve the issue in court.

Refusal and transfer of inheritance to other heirs

It is necessary to initiate the refusal of the due inheritance in a legal manner. To do this, you should contact a notary and write a corresponding application. According to the Civil Code of the Russian Federation, you can refuse to accept an inheritance within six months after the opening of an inheritance case.

For minor heirs who are in charge of the guardianship council, the appointed guardian must complete the application. If within six months after the death of the owner an application for refusal of inheritance has not been drawn up, then the property passes into the possession of the heir by law.

There are cases that direct heirs who are closely related to the testator refuse to receive the inheritance. Then the heirs of the second stage must submit an application for acceptance of the property, as well as for an extension of the period for registering the inheritance. The Civil Code provides for a similar situation and second-stage heirs are given 90 days to register an inheritance. The extension period begins from the date when the direct heirs wrote a statement of refusal.

The maximum period for restoring rights to inheritance can last up to 10 months from the date of opening the inheritance case.

How to enter into an inheritance?

According to the Civil Code of the Russian Federation, the heir must declare his right to inheritance within six months. To do this, you must submit a corresponding application to the notary's office. In addition, the application must be accompanied by documents that indicate the legality of the heir’s actions. To register an inheritance, additional certificates may be required, which must be provided at the request of the notary.

It happens that in order to establish the legal right to inheritance it is necessary to go to court. Then the heir must complete a trial within six months, after which the notary may or may not be able to issue a certificate of title to the property.

An application to restore the deadlines for entering into an inheritance must be submitted to the notary’s office at the place where the inheritance case was opened. By law, the inheritance is opened in accordance with the last place of residence of the deceased owner. If there is no exact place of residence of the testator or he was in another country before his death, then the inheritance case is opened in the area or city where the property left behind is located.

The situation is quite complicated when the inherited property is located in different cities. In order to restore the right to accept an inheritance, you will need to seek help from a lawyer. He will be able to determine in which city the worthwhile share of the inheritance is located and where it will be easier for the heir to complete all the documentation in order to go to court to restore the term and his right to the inheritance.

If the owner died in prison, the heir must open an inheritance case at his last place of residence before going to prison.

How to submit an application for reinstatement?

The application to the court is written in free form directly by the heir himself. To ensure its correct design, you must adhere to the following recommendations:

Personal data. The document must provide accurate information regarding the heir and owner.

Exact wording. The application should clearly formulate your request, namely, a request to restore the deadline for accepting the inheritance.

True information. The document must provide all the information regarding the abandoned property.

After filing the application, the court will consider the claim from the heir. If, after a thorough examination of all the circumstances, the court recognizes the reasons for missing the deadline as legitimate, then the decision to restore the deadline for accepting the inheritance will be positive. The heir will have an additional six months to register and enter into the inheritance.

However, the court may not satisfy the plaintiff’s request and recognize the reasons for missing the deadline as disrespectful. For example, this could be due to:

Lack of awareness of the heir about the deadline for accepting the inheritance. However, ignorance of a citizen's rights does not protect him from consequences.
Waiver of the right of inheritance. If a citizen initiates the renunciation of his share in the inheritance, and then wants to take back his part, then the court will not extend the period for entering into inheritance for this purpose.

If the court refuses to extend the period for taking possession of the property, the heir has the right to appeal to a higher authority. However, this procedure is quite complicated, so it is best to seek help from a lawyer.

Legal grounds for restoring the deadline for accepting an inheritance

If the heir missed the deadline for accepting the inheritance, then to restore it he will need to prove the legality of his actions. To resolve this issue, the following steps must be taken.

First, you need to discuss this situation with all legal heirs so that they give permission to restore the term. To do this, you must write a written consent, which is attached to the deed at the notary.

After this, the notary cancels all previously issued certificates for inheritance and draws up a new application from the emerging heir. This is necessary for a new division of the left property between all legal heirs, so that everyone receives their share. After this, each legal heir receives a new certificate.

The consent of the heirs to extend the period will facilitate the procedure. Since such a change can be made by a notary. Otherwise, the “deprived” heir will need to go to court. However, it should be remembered that each heir can refuse to restore the term, without explaining the reasons for the decision.

It is necessary to go to court if there are no direct heirs, the heirs do not consent to the restoration of the term, or they have renounced the right of inheritance (they were declared insignificant for accepting the inheritance).

When submitting an application, a citizen should describe the reasons why the deadline for entering into inheritance was missed. and apply for restoration of the deadline for completing the required documentation to obtain the right to property.

The legal basis for reinstating the deadline is:

Stay of the heir in another country.
Serious illness during the period of opening the inheritance.
Hiding the right to inheritance from the heir.

Each reason must be supported by a relevant document from a visa or medical institution.

Video: Director of a legal agency on restoring the deadlines for accepting an inheritance

Download:

Application for restoration of the period for accepting an inheritance - sample drafting

According to the law of the Russian Federation, there is a certain period that allows you to receive an inheritance.

However, it often happens that for a number of reasons, citizens do not have time to meet the allotted period.

If the reason for the delay is valid, you can draw up an application to restore the missed deadline for accepting the inheritance.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free!

Deadline for accepting inheritance

It is possible to take ownership of property before the end of six months from the moment the inheritance is declared open.

If this date coincides with the day of the presumed death of the testator, you can take possession of the property within 6 months from the moment the court declares the person officially deceased.

If a citizen renounces the inheritance, or its receipt is rejected according to the conditions specified in Art. No. 1117 Civil Code of the Russian Federation. the opportunity to inherit the property left behind is provided to other persons within a period of 6 months from the moment they have the right to claim the property left by the deceased.

In a situation where the heir, for some reason, has not received the property due to him by inheritance, the period for registering an inheritance for other persons is 3 months from the end of the stage for transferring the property to the first heir.

Consequences of late entry into inheritance

If for any reason the deadline for registering an inheritance is missed, there are two ways to resolve this situation:

In reality, the first method is quite rare, because the heirs must have a fairly trusting relationship with each other so that they peacefully agree to extend the period for registering property for someone who did not complete the paperwork on time.

But even if the situation is resolved in such an easy way, the share of property inherited will become smaller. Basically, people in this situation are forced to go to court.

Grounds for going to court

The following circumstances may be a pretext for going to court:

disagreement of one or more remaining heirs

the person who is late with registration is the only person to whom the inheritance is due

all applicants for the bequeathed property were late in completing the documents.

When you have to go to court because one of the heirs has objections, you need to draw up a claim that indicates information about all applicants for the inherited property and describes all the factors that caused the delay.

In the event that the only claimant for the inheritance did not complete the paperwork on time, the property passes to the state. In such a situation, the claim is filed against the municipality.

Filing a claim in court

In the process of drawing up a claim for restoration of the period for accepting an inheritance, you must indicate in the application the following required information:

information about the person who left the inheritance, as well as about all claimants to the property

How is the transfer of property carried out - by will, or by law?

information about property being inherited

the reason why the citizen was late in completing the documents.

In the application, it is necessary to correctly formulate a petition to the court: to extend the period for registering an inheritance, to approve the right to receive an inheritance.

If the reasons for the delay are valid, the court will grant the request. The law describes some points that are considered respectful, but in life there are different circumstances that do not always depend on a person, so the court can make an exception if it considers the reason for being late to be worthy of respect and understanding.

State duty

When filing a claim to extend the period for accepting an inheritance, you must pay a state fee. Its amount is calculated based on the cost of the claim:

if the cost of the claim is up to 20 thousand rubles. the fee should be 4%, but not less than 400 rubles.

if the claim is more than 20 thousand but up to 100 thousand rubles. the fee will be 800 rubles. + 3% of the claim amount

if the cost of the claim is above 100 thousand rubles. but up to 200 thousand, the fee costs 3 thousand 200 rubles. + 2% of the claim amount

claim above 200 thousand but up to 1 million rubles. the fee is 5 thousand 200 rubles. +1% of the amount

the claim is higher than 1 million rubles, which means the duty should cost 13 thousand 200 rubles. +0.5% of the amount, but not more than 60 thousand rubles.

Restoring the term for accepting an inheritance: judicial practice

Situations in which claims are considered positively by the court

As can be seen from practice, most often people miss the deadline for processing inheritance documents due to the fact that they do not know the laws of the Russian Federation, that is, without special intentions.

Therefore, the court considers this circumstance to be valid and accepts the application for consideration.

There are other reasons recognized by law as acceptable - a long business trip without the ability to contact the relatives of the deceased or a serious illness in which it is not possible to arrive at the place of registration of the inheritance on time.

If the heirs are minors or incapacitated citizens, for them the period for accepting the inheritance is most often extended without any particular difficulties, taking into account the fact that, for example, due to age, they previously did not have the legal right to draw up the relevant documents.

In some cases, ignorance of information about the death of the person who left the inheritance can also be considered as a valid reason. But it will be necessary to prove that the applicant for the inheritance did not communicate with the deceased for a long time through no fault of his own and without hiding from the responsibilities of caring for the testator. Such cases include, for example, a situation where the relatives of the deceased did not consider it necessary to notify the heir of the death of the testator.

There are situations when the heir is abroad without the opportunity to return to Russia due to refusal to issue travel documents, or if he was deported. In such circumstances, the court also considers a claim to extend the period for registration of inheritance in favor of the plaintiff.

Situations in which the law refuses to consider an application to increase the period for registering an inheritance

People who cannot provide evidence that it was not possible to enter into inheritance on time are often denied.

There are often cases when an heir, knowing about the inheritance due to him, writes a waiver of the property, but then for some reason changes his decision.

Under such circumstances, it is practically impossible to extend the period of inheritance.

If the applicant for the inheritance learned about the share due to him, but did not apply for registration of the inheritance within 6 months from that moment, this may also become a reason for refusal to extend the period.

Exceptions

It happens that the heir has not completed the documents for the inheritance, but in fact is already using the property of the deceased, for example, living in his living space.

The court believes that if the heir has in fact accepted the property due to him and 6 months have expired, there is no need to extend the period for entering into inheritance. In addition, you can secure the right to own property if you provide the court with evidence of ownership of the inheritance (for example, caring for the deceased’s pets, paying utility bills, etc.).

However, if the heir has actually entered into the use of valuable property, but avoids any debt obligations, the court will refuse him, since in fact it is impossible to take possession of the inheritance selectively.

Sample document

Below you can download the proposed sample application:

Sources: vseiski.ru, xn—-8sbahjdg1bucp4cc.xn--p1ai, oformitely.ru, expert-nasledstva.com, lawyer-guide.ru

Application for acceptance of inheritance sample Belarus

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Legal assistance in reinstating the deadline

And the most unpleasant case is when the latecomer simply could not prove anything. For example, let’s take the story of the illness again: you were in the hospital, but you don’t have a certificate. And there is no other confirmation either. Then the court will refuse. Therefore, if you have not yet collected “hard” evidence, it is better to consult a good lawyer! Take advantage of the online consultation “Guarantees”, at least. We will advise where and how to collect evidence.

Finally, let’s add: even if the court rejected you, all is not lost. You can appeal to the next level. Just to make any sense from it, you need to prepare properly - collect more evidence, for example. Or provide more serious reasons for skipping.

Sometimes you can do it without papers

According to Russian laws, some people receive inheritance without notaries. If you lived with a relative and used some things together, then after his death you simply continue to use them. It is believed that these things are now yours. When we are not talking about things, but, for example, about an apartment, then the idea is the same. You are registered in it and live, make repairs, pay for electricity and water. The housing became yours automatically (if there are no other applicants).

Although there may be confusion with the documents - and this is inconvenient and bad. So it is better to re-register any certificates (of ownership) in your name. Even if six months have passed a long time ago, you should be issued such documents without any problems. You will also need to go to court, but the matter will be formal and quick: the judge will simply confirm the obvious.

It is important to know!

Remember that the heirs receive not only the property of the deceased, but also his debts. It is always better to find out in advance what you will receive: wealth or calls from debt collectors. Sometimes it is better not to enter into an inheritance at all.

STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (indicate good reasons for missing the deadline).

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Restore the deadline for accepting the inheritance of the opened “___”________ ____, after the death of _________ (full name of the testator).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property
Documents confirming valid reasons for missing a deadline

Date of application “___”_________ ____ Signature of the plaintiff _______

statements:

Statement of claim for restoration of the period for accepting an inheritance

to “Statement of claim for restoration of the period for accepting an inheritance”

Is the lack of funds to travel to register an inheritance a valid reason for missing the deadline for inheritance under a will?

Hope, lack of funds is not a valid reason. Look, maybe there are grounds to establish the fact of acceptance of the inheritance.

Please tell me who should be entered in place of the defendant in the application? And how can I indicate that I did not accept the inheritance due to ignorance of legal language?

Daria, other heirs will be defendants in inheritance disputes. Write in more detail how you missed the deadline, from what time, for what inheritance, then I will try to give you the correct answer.

Two years ago (07.10.2011) my father died, I did not know that I needed to enter into an inheritance. Besides me, the heir in first place is his mother, but she refuses. Inheritance is a savings book. During his lifetime, he drew up a deed of gift for an apartment for me; there are checks (payment for gas) paid within 6 months after his death.

Daria, write that during his lifetime, your father did not report that he had a deposit in Sberbank; in the fall of 2013, you accidentally found a savings book when you were going through old documents. I think this would be a valid reason for reinstating the deadline. Name your mother as the defendant. You can submit a petition from her to consider the case in her absence and recognize the claims, it will be easier in court. You can indicate Sberbank as a third party, but this is not necessary. If gas debts arose during your father’s lifetime, you can submit an application to establish the fact of acceptance of the inheritance; such a sample is available on the website. In this case, you will need to prove that the father had these debts and you accepted the inheritance by paying off the debts of the testator. In this case, your mother will also be an interested party.

What if they are divorced? Thanks a lot for your help

If at the time of your father’s death he and your mother were divorced, then your mother is not his heir. In this case, the defendant in the case (in the absence of other first-line heirs) will be the territorial department of the Federal Property Management Agency for your region.

This is important to know: Calculation of the limitation period under a loan agreement

After my grandfather died, the car remained. Heirs: his son and wife. When registering the inheritance with the notary, they forgot about the car. Half a year has already passed. What reason can be indicated in a statement of claim for restoration of the inheritance term? Who should be listed in the “defendant” column? How to determine the inheritance queue? Who's first, who's second?

Natalia, if the heir accepted part of the inheritance, it is considered that he accepted the entire inheritance. You need to bring the documents for the car to the notary and apply for a certificate of inheritance for this car. Both heirs - the son and the wife - are heirs of the first turn; they themselves must decide how to divide this inheritance.

The notary sent them to court. The wife does not claim the car; the son used this car by proxy for many years.

Natalia, did the notary actually formalize the inheritance and issue a certificate of inheritance? When you went to the notary, did they show you a certificate of inheritance? Did the notary clearly indicate the need to restore the deadline? These legal relations are regulated by Articles 1152 and 1153 of the Civil Code of the Russian Federation. This is stated in the Methodological Recommendations for Registration of Inheritance Rights. Try contacting the notary again, clarify whether you understood him correctly, draw his attention to what I wrote here. If the heirs accepted the inheritance, the court will refuse to restore the deadline, since it has not been missed.

But six months have already passed, which means the period is over.

Natalia, if the deadline is missed, then file this lawsuit. The plaintiff will be the son, the defendant the mother, you must indicate valid reasons for missing the deadline. If the son used the car all the time, you can draw up a statement to establish the fact of acceptance of the inheritance. This statement is on the website.

My father missed the deadline for accepting the inheritance. His mother left a will, died 8 years ago, his father did not write a statement. What should we do?

If there are good reasons for missing a deadline, write an application to reinstate the deadline. Look also at the statement establishing the fact of acceptance of the inheritance.

What if my mother died 10 years ago, I entered into inheritance rights to savings accounts. A year ago my sister died. While sorting through her documents, I discovered a document stating that my mother has a plot of land for perpetual use. Do I have the right to restore the period of entry into inheritance for this land plot and enter into inheritance?

Tatyana, according to Article 1152 of the Civil Code of the Russian Federation. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. That is, you do not need to restore the deadline for accepting the inheritance. At the same time, land plots that were provided for permanent (indefinite) use by inheritance are not transferred if there are no buildings on them or the testator has not begun the procedure for registering ownership of this plot.

Dad died in December 2011, the heirs are the following: me (his son), my mother (father’s wife), my grandmother (father’s mother) and his second son (my brother). There is no will, i.e. inheritance by law. In April 2012, Mom and Grandmother went to a notary and accepted the inheritance, writing a statement and opening an inheritance case. The application (in each of the two, mother and grandmother have one application each) indicates the heirs (me, brother, mother, grandmother) and a list of inherited property. Documents for inherited property must be restored, because... they are lost. Grandmother died in December 2013. Ownership rights to all inherited property have not yet been formalized. I’m describing the situation with a moral component too; the relationships in the remaining family are not very good. We (the brothers) are interested in inheritance and division, but my mother is against it because my brother wants to sell his part (in her understanding, he is going the wrong way). Therefore, she has no particular zeal to help collect documents. Question: I would like to clarify, if my mother ultimately refuses to inherit, what will happen? Will she be able to stop him? How long do I need to restore documents and register ownership? Could it be that after some time the inherited property will go to the state/other relatives? How will the inheritance property be divided between the heirs? In what shares? Is it possible to get only your part? Is it possible to divide not in shares, but in parts (not everyone has 1/3 of a car and two plots, but one has a car, another a plot, and a third a plot, provided that all three agree to such a division)?

Firstly, you and your brother need to restore the deadline for accepting the inheritance after the death of your father or establish the fact of accepting the inheritance. What was written about you in the notary's application does not indicate acceptance of the inheritance. Your mother cannot refuse the inheritance after the death of her father, she missed the deadline, he also missed 6 months. The grandmother is considered to have accepted the inheritance; now after her, she needs to formalize the inheritance for the share that was passed to her from her father (the heirs are her children and you, as grandchildren, by right of representation). The period is 6 months from the date of her death. If there are problems with inheritance documents, then it is necessary to file a claim for inclusion of property in the inheritance mass: https://vseiski.ru/iskovoe-zayavlenie-ob-opredelenii-dolej-i-vklyuchenii-imushhestva-v-nasledstvennuyu-massu. html If a dispute arises regarding the division of inheritance, also go to court: https://vseiski.ru/iskovoe-zayavlenie-o-razdele-nasledstvennogo-imushhestva.html All inherited property becomes the common property of the heirs, everyone has equal shares. By agreement between the heirs, the property is divided between the heirs in kind - some property is transferred to each, although equality of shares may not be observed. It is necessary to take into account that your mother most likely still has the right to the marital share, and this is 1/2 of the total property.

Three years ago my mother died without leaving a will. Recently I found documents for a deposit in a savings bank, which neither I nor my two brothers nor my sister knew about (for permanent residence in Germany). Is it possible to restore inheritance rights and, if so, how?

Submit a claim using this sample, indicating that you recently learned about the presence of the deposit. You can invite witnesses who will confirm (that during her lifetime my mother did not report deposits in the bank) that you really found the documents only recently. No more than 6 months should pass from the moment of finding the documents to going to court.

Please tell me how to restore the deadline for accepting an inheritance (what could be good reasons for reinstating the deadline)? Because of his sister, the brother did not communicate with his father for a long time, about 6-8 months. After some time, the father dies, the sister does not inform her brother and takes over the right of inheritance. My brother learned about his father’s death by chance in March 2014 from friends. When the brother called his sister, she confirmed that his father had died and said that the apartment had been sold. Money, i.e. will not share the inheritance with him, because he did not care for his father in the last days of his life. The sister did not care for her father herself; she hired a nurse. My father received a good pension and additional benefits. Therefore, I believe that I supported (paid for its maintenance) myself. Father died on August 27, 2012, date. about death dated 08/31/2012, application for acceptance of inheritance dated 09/25/2012, application for the issuance of a certificate. on the right to inheritance dated March 26, 2013. In the list of heirs, the sister indicated herself and her brother, but where the brother lived, she wrote: address unknown. At the moment, the inherited property (1-room apartment) has been sold.

The fact that the brother did not know about the death of his father may be a valid reason for reinstating the deadline for accepting the inheritance. However, 6 months have already passed since March 2014, does this mean that he missed this deadline too? Let him urgently file a claim in court and present witnesses who will confirm that he only recently learned about his father’s death.

Hello. I have a hereditary dispute. Father died. Left a will. The heir under the will did not come to the notary within the 6-month period established by law. I opened an inheritance case immediately after my father’s death, after 6 months, when the heir under the will did not come to the notary, I began to collect documents for accepting the inheritance. The heir under the will came to the notary and demanded to suspend the issuance of the certificate because he was filing a lawsuit. I am afraid that the trial of the case will take place without my participation and would like to write a petition for my participation. Can I do it? In what form should the document be written? Does it even make sense to do this, or is there no chance?

This is important to know: Deadline for filing an appeal under the CAS RF

When filing a claim in court to restore the deadline for accepting an inheritance, the plaintiff will have to indicate all other heirs as defendants. Therefore, the case cannot be considered without your participation. Otherwise, this will be an absolute basis for canceling the court decision upon appeal.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Hello, this is a question: the testator, my grandmother, died 4 years ago, the direct heir, my grandfather, did not enter into the inheritance, the inheritance remains a share of their apartment, can my grandfather enter into the inheritance and take over his share?

If my grandfather lived in this apartment. paid for maintenance and utility bills, it is considered that he entered into an inheritance. In this case, there is no need to restore the deadline.

Hello, what if the heir knew about the death of the testator, but did not know that there was an inheritance, because he was told all his life that you will not get anything, everything will go to your sister. The brother found out that the apartment was privatized for three (mother, father and sister) only after the death of his mother. Before that, I thought that everything was registered in my sister’s name. Is this a valid reason to apply for reinstatement? How to prove that he didn't know? Six months have not yet passed since my mother's death.

If 6 months have not yet passed, then the deadline has not been missed. Contact a notary.

Is it a valid reason that at the time of my father’s death in 2001, he had nothing for me to register an inheritance. Now I have found out that I can receive compensation for insurance payments before 1992.

Usually the courts are more sympathetic to such terms and restore the term. You can indicate the following as valid reasons for reinstating the deadline. that they found the father’s documents only now, previously they did not know that he had the right to receive insurance payments.

Hello, my grandfather died in 2010, no one entered into inheritance rights, there is a grandmother (his wife), who was not registered with him at the time of death, but also has a share, and 2 sons who were registered with him at the time of death and also have a share . Who should take over? There is no good reason, everyone just scored. How to file a claim? Thank you

In your case, you need to establish the fact of inheritance. Look at this example on our website. It describes how to accept an inheritance.

The husband missed the 6-month deadline for entering into inheritance because... When consulting with a notary, I did not understand that it is necessary to submit an application for inheritance within 6 months. What valid reason must be indicated in the statement of claim for accepting an inheritance in court?

Ignorance or misunderstanding of the law is not a valid reason for reinstatement. For this reason, the court will refuse the claim. Perhaps the husband has other good reasons. Or could he accept the inheritance in another way other than filing an application with a notary?

Missed deadline

Is it possible to restore the missed deadline?

Agreement with relatives

Costs for legal proceedings on a claim to restore the period for accepting an inheritance

How is this done without a trial?

Reinstatement of the term through the court

How to draw up a claim correctly

Consent of other heirs

Heirs and inheritance

How to draw up a statement of claim to restore the deadline for accepting an inheritance

Sample application

Heirs' objection

Reinstate the term in court

Documentation

How to file a claim?

Judicial procedure for restoring the deadline for accepting an inheritance

Reasons for reinstating the deadline for accepting an inheritance

Statement of claim for restoration of the term for accepting an inheritance

Court decision to restore the deadline for accepting an inheritance

The deadline was missed due to ignorance of the fact of death

Deadline missed due to medical reasons

Valid reasons for reinstating the deadline for accepting an inheritance

If the heir cannot come

Recovery procedure

Evidence to restore the term

When there is no point in suing

Application to the court to restore the deadline for accepting an inheritance

Statement of claim for restoration of the period for accepting an inheritance

STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance

How to write a statement of claim to restore the deadline for accepting an inheritance

Sample application for restoration of the deadline for accepting an inheritance.

Application for restoration of the deadline for accepting an inheritance

Deadlines for registration of inheritance

Establishing the legality of accepting an inheritance

Refusal and transfer of inheritance to other heirs

How to enter into an inheritance?

How to submit an application for reinstatement?

Legal grounds for restoring the deadline for accepting an inheritance

Video: Director of a legal agency on restoring the deadlines for accepting an inheritance

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Application for restoration of the period for accepting an inheritance - sample drafting

Deadline for accepting inheritance

Consequences of late entry into inheritance

Grounds for going to court

Filing a claim in court

State duty

Restoring the term for accepting an inheritance: judicial practice

Situations in which claims are considered positively by the court

Situations in which the law refuses to consider an application to increase the period for registering an inheritance

Exceptions

Sample document

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STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance