Open an inheritance case with a notary - procedure and documents

Prices for inheritance lawyer services

Opening an inheritance case with a notary is one of the phases of entering into inheritance. Many individuals who have received an inheritance for the first time are wondering how to open an inheritance case. At the beginning of the process, you should always take into account that opening a case to enter into an inheritance is a large-scale and labor-intensive process that requires painstaking work.

At a minimum, all heirs need to take care of collecting all the papers and documents necessary to begin the process. We should not forget that the period for entering into inheritance rights is limited by the legislation of the Russian Federation. The heir has the full right to enter into an inheritance without legal proceedings for six months after the commencement of the will document.

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When does the case for entering into inheritance rights open?

The case is opened immediately after the person contacts a government agency or a private notary. Registration with government agencies often takes a lot of time and effort. Having come to the appropriate organization, a person risks receiving a ticket to visit a notary not the first time.

That is why private legal services are always in great demand on the market. By contacting a private person, the heir receives a one hundred percent guarantee that the case will be processed quickly.

An inheritance case is opened when the heir personally seeks legal services with the necessary package of documents. It is necessary to contact a notary at the place of residence of the heir; in this case, the heir does not risk delaying the time of full entry into the inheritance.

The process begins with the submission of an appropriate application, which confirms the desire of an individual to enter into inheritance rights. Most often, the necessary package of documents has already been collected by that time; the heir can provide some papers during the process of the case. To find out which notary to go to to register a case, you can seek help from the regional notary chamber, which contains comprehensive information about the activities of specialists.

Inheritance

An inheritance case is a legal operation of registering an inheritance with a notary, it includes the preparation of the necessary documentation and the filing of an application by the heir, the applicant asks to open an inheritance case at his request.

We offer you a sample application for opening an inheritance case with a notary: .

The heir can do this in person, through a proxy or by mail (Article 153 of the Civil Code of the Russian Federation).

An inheritance in respect of which the following actions have been taken is considered accepted:

• Taking possession;
• Carrying out measures for the safety and integrity of the inheritance;
• Costs of maintaining inherited real estate;
• Payment of remaining debts of the testator.

The closure of the inheritance case occurs after the registration of the inheritance certificate.

List of documents required to open an inheritance case

To officially receive an inheritance, you must prepare the following package of documents:

1. document confirming the identity of the heir;
2. death certificate of the testator;
3. document will (if any);
4. papers that confirm family ties with the heir;
5. entry from the brownie's book;
6. papers that can in any way prove the existence of a property inheritance.

An extract from the house register is drawn up at the place of residence of the heir.

Features of inheritance

Each heir needs to take into account some nuances when first contacting a notary. For example, be prepared to go to the administrative authorities to obtain additional documents necessary to complete the probate case. Most often, to obtain such papers it is necessary to create special requests. It is worth initially calculating the time for all visits to government agencies, so that in the future you do not overstay the deadline for entering into an inheritance. Otherwise, the heir will be forced to restore his own right to inheritance during the legal proceedings.

Most often, a notary collects additional documents; he sends requests to the relevant authorities, the cost of which is on average two hundred rubles. The lawyer also bears the responsibility of informing all parties to the will about entering into an inheritance.

Additional package of documents

If necessary, the heir provides the notary with the following additional package of papers:

1. technical passport and special plan of real estate that previously belonged to the testator;
2. the result of an independent assessment of property by experts;
3. entry in the Unified State Register (for documents of the heir);
4. paper indicating the holding of securities;
5. the result of an independent assessment of securities or a certain share thereof;
6. USRLE certificate.

The fact of inheritance can be confirmed by the following actions of the heir:

1. payment for services necessary for the maintenance of real estate or other property;
2. taking actions aimed at preserving the property of the heir;
3. making payment of all debts the heir has to the state or private individuals;
4. formal title to property.

The cost of opening and maintaining an inheritance case

The cost of opening an inheritance case is strictly established by the state. Each type of notarial act has its own tariff. But the cost of additional actions is determined by the general meeting of notaries. Additional notarial activities include issuing certificates, certification of certificates, issuing duplicates, etc.

Inherited property can be different: an apartment, a bank deposit, a car, a plot of land, stocks and bonds. The cost of notary services varies depending on the value of the inherited property:

1. Opening and conducting a case for inheriting an apartment - from 12 thousand rubles.
2. Opening and conducting a case for entering into an inheritance on a bank deposit - from 2 thousand rubles.
3. Opening and conducting a case for inheriting a car - from 2 thousand rubles.
4. Opening and conducting a case for inheriting a land plot - from 20 thousand rubles.

Registration of inheritance in the presence of a will

If the testator left a will, then all heirs need to contact the notary who executed the will document. The lawyer’s task at this stage is to find out whether the will under which the case is being drawn up has been annulled. It is also necessary to find out how many heirs claim the property. The following citizens have the right to claim a certain share of property:

1. minors;
2. pensioners;
3. disabled people;
4. incompetent and disabled people who lived with the testator.

Each person who has the right to claim an inheritance must always take into account the deadline for taking possession, which is regulated by the legislation of the Russian Federation. To restore the right to receive property after the death of the heir after six months, it is necessary to draw up a competent application, contact a notary and the judicial authorities.

The inheritance can be opened no earlier than on the day of the death of the testator or the entry into force of the official judicial recognition of the citizen as deceased.

At the moment of death of a person, an appropriate conclusion is issued (the document is issued by a medical institution). Based on the medical certificate, the civil registry office issues a death certificate, which is an official confirmation of the citizen’s death.

Candidate heirs are required to decide whether they will accept the inherited property or refuse the inheritance, no later than within six months after the death of the testator. Accordingly, you can contact a notary or take no action.

What do you need to open?

According to the Civil Code, there are two possible options for inheritance:

1. According to the will;
2. In law.

There are a number of documents that must be submitted to the notary, regardless of the type of inheritance.

These include:

• Original death certificate . This document is the most important, since if the original is not available, then not a single notary will undertake to start an inheritance case. They receive a death certificate from the registry office on the basis of a document issued by a medical institution or a court in the event that the testator has disappeared. The date of death will be considered the date established by the court.
• Applicant's passport.
• Extract from the last place of registration of the testator on the day of his death . This document determines the place where the inheritance will be opened.
• An extract from the Unified State Register confirming that the inherited property has no encumbrances.
• A document with the valuation of property on the day of death of the testator . It is required that it be carried out by an independent assessment commission with a special license.

If the inheritance is transferred by will, then the original of this document must be provided. It should bear a note stating that this is the last copy and has not been canceled or altered.

The inheritance is formalized according to the law if the testator did not take care of the will. In this case, you need documents confirming your relationship with the deceased. .

These are:

1. Birth certificate;
2. Documents on marriage or divorce;
3. Paper establishing paternity;
4. Document confirming the change of full name.

The degree of family ties is taken into account in accordance with Articles 1141-1146 of the Civil Code of the Russian Federation.

The inheritance passes to the heirs according to the established order, if there are no applicants for the inheritance with closer family ties.

Read the article, obligatory share in the inheritance in the presence of a will and by law, here.

How to find out if an inheritance case has been opened

In accordance with current legislative norms, the place of opening of the inheritance is considered to be the place where the testator permanently or predominantly resided at the time of death. If the testator was abroad or his last place of residence is unknown, the inheritance is opened at the location of the property of the deceased.

At the place of opening of the inheritance, all issues related to inheritance law are resolved:

1. There is a procedure for accepting applications from heirs to accept the inheritance or renounce the property.
2. Creditors' claims are presented for the debts of the testator.
3. Organization of property management and protection takes place.

If the place of residence of the deceased or the location of the inheritance cannot be documented, the place of opening of the inheritance is determined by a court decision.

There are situations when an inheritance case was opened in several regions of the state (for example, at the place of residence of the deceased and at the location of the property). In this case, the priority will be to open the inheritance at the place of residence of the testator (the second case is transferred to the relevant notary).

Time to open inheritance

The date of opening of the inheritance is counted from the date of death of the citizen. If a person was declared dead, then this date is considered to be the day determined by the relevant court decision.

If the exact date of death is unknown, and the court, guided by the provisions of Art. 45 of the Civil Code of the Russian Federation, established the expected date, then it is recognized as the moment of opening of the inheritance.

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If persons die on the same day, then they do not inherit any property from each other. At the same time, the law reserves the right to inherit property for their legal successors.

Judgment

The fact of the place of opening of the inheritance procedure can be established with the help of the judicial authorities, as indicated in the norms of the Code of Civil Procedure of the Russian Federation. In doing so, the court will take into account issues related to:

• the duration of residence of the testator in a certain place;
• location of the inherited property;
• factors indicating the primary residence of the testator in any place.

Opening an inheritance case at your place of residence

If the testator was in Russia at the time of his death, the procedure for opening an inheritance takes place in accordance with the last place of residence of the deceased. There, the notary is obliged to register the inheritance case (the inheritance case can only be opened once).

For a notary, confirmation of the place of last residence of the testator is a document issued by the registration authorities.

In some cases, the case may be opened at the place of the last residence of the testator (if this place is recognized as the place where the testator lived permanently or spent most of his time). The notary who opened the case is obliged to inform the notary office at the place of registration of the deceased about the procedure. This way, you can avoid opening multiple cases.

If the testator permanently resided outside the country, the place of opening of the inheritance is determined on the basis of the provisions of an international treaty between the Russian Federation and the country of residence of the testator. If there is no such agreement, the procedure for inheriting property is carried out on the basis of the rules and regulations of the country of residence of the deceased.

Powers of a notary in inheritance matters

An inheritance case should be considered a set of measures aimed at certifying the property rights and obligations of heirs to an inheritance opened within the notarial district. Within the framework of such purposes, the notary is vested with all the powers to legally formalize the specified rights of the heirs.

InformationThe provisions of paragraphs. 27, 28 art. 35 of the Fundamentals of Legislation on Notaries, 2 main powers of the notary are highlighted within the framework of conducting inheritance business, which directly contribute to certifying the rights of heirs: the notary takes all measures to protect the property included in the inheritance mass in the case opened with him, and also issues certificates of right to heirs to inheritance.

However, the powers of notaries to formalize inheritance rights are not limited to these notarial actions. According to the Methodological Recommendations for the registration of inheritance rights, approved by the Federal Notary Chamber, within the framework of conducting inheritance proceedings, a notary:

• Registers and records all documents received and prepared by him under open inheritance - applications, refusals, consents, resolutions, certificates, certificates, etc.
• Notifies heirs , creditors and other interested parties known to him that the inheritance of a particular testator is open, and that the testator’s spouse has received a certificate of right to part of the common property.
• It requires documentary confirmation of all information significant for registration of inheritance rights about the fact of death, the correct determination of the place of opening of the inheritance, the presence of family ties between the deceased and the heir, the ownership of the property by the testator, etc.
• Issues to the executor and surviving spouse certificates of authority and right to a portion of the common property, respectively.
• Issues decisions to refuse to issue all of the above certificates, as well as to cancel them, etc.

The above-mentioned terms of reference of a notary are not closed - within the framework of an inheritance case, he can perform any other actions not limited by law aimed at certifying inheritance rights. Let us note that the performance of notarial actions within the framework of a case is permissible only by the notary in whose proceedings it is located.

Example: The parents and wife of the deceased M entered into the deceased’s inheritance within the six-month period established by law. After six months from the opening of the inheritance, in accordance with paragraph 1 of Art. 1163 of the Civil Code, the notary issued a certificate of right to inheritance to the indicated heirs. However, immediately after production and issuance, the heirs were approached by M’s son from his first marriage, who, due to being studying abroad, was unable to enter into an inheritance, which is why he asked the heirs to give him written consent to receive his share, which they provided to him .

Based on such consent, the notary, guided by clause 2 of Art. 1155 of the Civil Code, issued a resolution to cancel previously issued certificates, recalculated the shares in the inheritance and issued new certificates to the heirs, taking into account the share of the son of the deceased.

Opening an inheritance case at the location of the property

An inheritance case is opened at the location of the property only in cases where there is no information about the last place of residence of the testator. An inheritance case is opened at the location of the most valuable part of the property. The value of the inheritance is determined in accordance with the market value.

If we are talking about inheritance of real estate, the inheritance procedure takes place in accordance with the laws of the country in whose territory the object is located. A notary conducting a case in Russia is obliged to notify the foreign representative of the notary's office about all the circumstances of the case.

Establishing the place of opening of the inheritance plays an important role, since:

1. Establishing the place of opening of the inheritance dictates the basic rules and laws on the basis of which inheritance relations will be considered.
2. Establishing the place of opening of the inheritance can significantly reduce the time spent searching for a notary, whom you need to contact in connection with the inheritance of property.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

Useful information on inheritance

• Entry into inheritance
• What documents are needed to enter into an inheritance?
• Inheriting an apartment
• Inheritance after the death of a relative
• Mandatory share in inheritance
• How to register an inheritance
• Certificate of right to inheritance
• Establishment of the fact of inheritance and recognition of property rights
• Restoring deadlines
• Opening time and place
• List of documents for opening an inheritance case
• Refusal of inheritance
• Application for acceptance of inheritance
• Selling an inherited car
• Opening an inheritance case
• Inheritance after wife's death
• Joint inheritance
• Escheated inheritance
• Documents for registration of inheritance
• Inheritance after mother's death
• Inheritance after the death of a husband
• Inheritance after the death of parents
• Registration of inheritance for an apartment
• Inheritance after father's death
• Protection of inherited property
• Division of inherited property
• Documents for inheriting an apartment
• The procedure for inheriting an apartment by law after death
• Inheritance of a non-privatized apartment
• Inheritance of a privatized apartment
• Application to establish the fact of acceptance of inheritance
• Inheritance without a will
• Limitation period for inheritance cases
• Application for inheritance
• Valuation of a plot for inheritance
• Disinheritance
• Car valuation for inheritance
• Inheritance by adopted children and adoptive parents
• Inheritance by right of representation
• Inheritance after the death of a son
• The procedure for inheriting cash deposits
• Inheritance of land plots
• Inheritance of loan debts
• Inheritance of unpaid amounts
• Actual acceptance of inheritance

What documents are needed to open an inheritance case?

» Registration of inheritance September 03, 2020

Documents for opening an inheritance

The opening of an inheritance case occurs upon the written application of the heir who has applied to the notary's office. You can read more about drawing up and submitting an application in the article “Application for inheritance”.

However, it is not the filing of the application that is key. To open and conduct an inheritance case, documentary evidence is required...

• Death of the testator - opening of inheritance is possible only after the death of the testator
• Place of opening of inheritance - inheritance business is conducted not in any notary office in the country, but at the place of opening of inheritance
• Time of opening of the inheritance - inheritance is possible only within a certain time period, the countdown of which begins from the day of opening of the inheritance
• Heirs – who will inherit and on what basis (will, law)?
• Inherited property - depending on the composition of the inheritance, the list of documents for conducting the inheritance matter depends.

Below we will look at what documents (certificates, certificates, extracts, reports) will need to be submitted to the notary. The list is quite large, but it is not necessary to go to a notary’s office with a complete set of documentation. After all, the process of preparing it can be significantly delayed. First, you can submit the main documents, then the rest.

Documents for opening an inheritance

This means that, along with the application for inheritance, the heir must submit the following documents:

Confirmation of the death of the testator

Death is confirmed by a death certificate issued by the civil registry office on the basis of a medical certificate or a court decision.

Confirmation of the place of opening of the inheritance

According to the law, the place of opening of the inheritance is the last permanent place of residence and registration. which can be confirmed by one of the following documents:

• An extract from the house register or a certificate issued by the housing maintenance office
• An extract or certificate issued by the federal migration service regarding the deregistration of the deceased at the place of last residence and registration.

If the last place of residence and registration is unknown to the heirs, the place of opening of the inheritance may be the location of the property. belonging to the deceased. A document that confirms the location of the property may be:

• Title or title document for inherited property (if its location is indicated there) - certificate of ownership, civil contract
• An extract from the Unified State Register issued by the authorities of the Federal Registration Service on the registration of the deceased’s ownership of the inherited property (indicating its location).

If the property is located in different places, the opening of the inheritance occurs at the location of the most valuable property, which is confirmed by the act of assessing the market value or other documents containing the assessment of the value as of the date of death of the property owner.

If the heir or notary has difficulties determining the place of opening of the inheritance, he will have to go to court to do this. Read more in the article “Application for establishing the place of opening of inheritance”. The court decision, which will be made on the basis of such an appeal, is submitted to the notary as a document determining the place of opening of the inheritance.

Confirmation of the time of opening of the inheritance.

The opening of the inheritance occurs on the day of death of the testator, which is confirmed...

death certificate. issued by the civil registry office on the basis of a medical (medical) certificate or a court decision, if the testator is declared dead by a court decision (in this case, the date of death is considered to be the expected date of death indicated in the court decision or the date the court decision enters into force).

From the day the inheritance is opened, the countdown of the 6-month period allotted by law for inheritance begins.

Heirs, basis for inheritance

...by will

If inheritance occurs by will, only the will must be provided to the notary's office. If it was certified by another notary or official, the will must bear a note indicating that it has not been changed or revoked.

…in law

If the testator did not leave a will, inheritance will occur according to the law - in order of priority. The heirs will be relatives. Therefore, they need to provide the notary with documents confirming the relationship between them and the testator.

• Birth certificate (if the heirs are children, parents, brothers and sisters of the testator)
• Marriage certificate (if the heir is husband or wife)
• Death certificate (if inheritance occurs by right of representation)
• Certificate of change of last name, first name or patronymic.

The law provides for the right of inheritance for dependents. Dependents must provide the notary with documents confirming their dependence. If we are talking about minors or those disabled by age (pensioners), a birth certificate or passport is sufficient. If we are talking about incapacity for work due to health reasons, we need certificates from a medical and social examination body or a pension certificate.

Inherited property. Documentation

Let's consider what documentation a notary will need in the process of conducting an inheritance case, depending on the inherited property.

... to inherit an apartment or a share of an apartment

1. Title document: certificate of state registration of ownership, certificate of ownership, issued in the name of the testator
2. document of title: (sale and purchase agreement, exchange, certificate of inheritance, etc.)
3. An extract from the Unified State Register for an apartment, issued by the Federal Registration Service, if the right to an apartment was registered for apartments registered after 01/31/1998
4. Certificate of ownership of the apartment issued by the Department of Housing Policy and Housing Fund of Moscow, if the right to the apartment was registered before 01/31/1998 (applies only to apartments in Moscow!)
5. Document on the cost of the apartment on the day of death: a certificate issued by the BTI, an appraisal report on the cost of the apartment, issued by any organization licensed to conduct appraisal activities
6. Cadastral passport for the apartment.

...for inheritance of deposits, bank deposits, lost pensions and wages, insurance payments, and other sums of money of the testator

1. If we are talking about a bank deposit or funds in a current bank account, the notary must be informed of the name of the bank
2. If we are talking about lost pensions, wages, scholarships, insurance payments and other amounts of money, the notary must provide a certificate from the organization or body that (place of work, service, study, insurance, social security, and so on).

…to inherit securities

1. information about the name of the issuer (the organization that issued the securities) and the organization that maintains the register of shareholders of the issuer
2. extract from the register of shareholders - upon request of a notary
3. a report on the value of securities on the day of death of the testator, issued by any organization licensed to conduct valuation activities

…to inherit a car or motorcycle

1. Vehicle passport
2. vehicle registration certificate
3. a report on the value of the vehicle on the day of death of the testator, issued by any organization licensed to conduct appraisal activities or a forensic institution.

...to inherit a plot of land

1. title document: certificate of state registration of ownership, certificate of ownership, issued in the name of the testator
2. document of title: (sale and purchase agreement, exchange, certificate of inheritance, etc.)
3. Cadastral passport of a land plot indicating its cadastral value (as of the day of death of the testator), issued by the cadastral chamber at the location of the land plot
4. Extract from the Unified State Register of Land Registers for a land plot issued by the Federal Registration Service.

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Documents for opening an inheritance case with a notary - what to take with you to the notary office?

An inheritance case is opened upon the fact that applicants for property apply to a notary. The basis for its initiation is a death certificate. It can be opened the next day after death. It all depends on how quickly applicants contact a specialist and provide documents for opening. The notary himself is not obliged to find out the fact of the death of a person, even if he has a will drawn up by the person. All responsibility for initiation rests with the heirs.

List of documents for opening an inheritance case with a notary

How to open an inheritance case with a notary? The following algorithm of actions is relevant:

1. If a will has been made, you should find it. It is on the basis of this document that property will be distributed. Most likely, the paper is in the personal belongings of the deceased. If it was not possible to find it at home, the search is carried out at notary offices. The fact is that the order is drawn up in two copies. One of the papers remains with the specialist. Most likely, the document is located in a notary office close to your place of residence. Another option is to check the Unified Register of Wills and Inheritance.
2. If there is no will, then the scheme of inheritance by law is included. Participants in one or another queue enter it on the basis of family closeness with the deceased. Accordingly, the notary must provide papers indicating the relationship of the applicant with the testator. This could be a birth certificate.
3. You must also find a death certificate. If the applicant does not have any certificates, he can try to obtain them through the registry office. If they are not there either, the relationship will have to be established through a judicial authority.
4. A certificate from housing authorities is required, which establishes the permanent place of residence of the testator. It is required because the inheritance case is considered in a specific office closest to the last place of residence of the deceased.
5. Applicants need to obtain an extract from the home register, which confirms that the deceased has been removed from the registration register. More details on how to discharge a person from an apartment after death.

You can ask at the office itself about what documents are needed to open an inheritance case with a notary. If the documents brought are not enough, the notary will refuse to issue a certificate of inheritance, indicating the documents that will be required. In order to protect yourself from a situation where documents are not accepted, but the time for submitting them has already expired, you should prepare in advance.

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Statement

What is needed to open an inheritance case with a notary? An application is required. Depending on the wishes of the applicant, it states:

The heir has the right to one of these decisions. He does not need to justify his will. Can a minor refuse an inheritance? If the applicant is a minor, and his representatives appear in the case. Before carrying out the refusal, they are required to obtain permission for this action from the guardianship authorities. Employees of this institution check that the interests of the child are respected.

How to submit papers to open a business?

After you have studied the list of documents for opening an inheritance, you must submit all the necessary papers, as well as an application.

You can submit an application in the following ways:

If the applicant does not submit the paper in person, the signature on it must be certified by a notary before filing.

What documents are needed to open an inheritance for various objects?

The list of documents for opening an inheritance case will vary depending on what exactly the person is inheriting.

Apartment

If you are registering an inheritance for an apartment. you will need:

If additional documents are needed for a legal inheritance case, the notary will tell the successor about this.

Documents must be submitted within 6 months after the death of the testator.

Land plot

Registration of inheritance for land is carried out on the basis of the following documents:

Basically, all these papers are required to confirm ownership and calculate fees.

Automobile

Additional information about the list of documents on the basis of which a notary opens an inheritance case in the video below:

It should be remembered that opening an inheritance is not the last procedure that the successor must go through. Registration of the right to inheritance is also required if it is a vehicle or real estate. Accordingly, registration is carried out in the traffic police or the State Register. Without this procedure, a person will not be a full owner of the property. A person will not be able to conduct any transactions with her. Registration must be completed within 10 days after receiving the certificate. Otherwise, you will have to pay a fine.

For additional information on this issue, please refer to the section “Documents on inheritance” at the link.

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Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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What documents are needed to open an inheritance with a notary?

The basis for initiating the process of transferring the right of ownership of property designated as an inheritance is a separate application prepared by the successor of the deceased or another person, which displays a request to accept a separate part of the property mass. Where can this be done?

Everything will directly depend on how the testator decided to dispose of his own values ​​acquired during his life. Considering this point, the package of documentation required to register an inheritance with a notary may vary. Therefore, they must be transmitted to different places.

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

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What documents are needed to open an inheritance case with a notary?

To be able to open an inheritance case, you need to submit the following documentation to the notary:

An inheritance case cannot be opened if the documents mentioned in positions: 1-4.7 are not presented.

List of documentation required to ensure the possibility of inheriting certain types of inherited property

The order of succession according to law.

How to open an inheritance case with a notary, read here.

By land plot:

For garages, boxes, parking spaces:

For financial deposits:

Submitting documents to open an inheritance from a notary

In total, there are three methods provided by law for transferring documentation to a notary for the purpose of accepting an inheritance.

The first method involves delivering it in person. It is one of the most optimal because, using it, a person declares his own rights correctly and, most importantly, in a timely manner.

But, still, not each of the heirs has a real opportunity to arrive at the testator’s funeral and personally complete the proper documentation.

However, this is not a problem. Primary documentation for the purpose of registering inherited property with a notary can be submitted through a personal representative.

For this purpose, the latter must have an appropriate form of power of attorney to confirm duties and rights. The procedure followed in the process of drawing up such a document is established at the legislative level.

Any of the applicants for material assets subject to inheritance has the opportunity to formalize their rights to them using the remote method.

It provides for sending the entire package of documentation, to the extent necessary for the notary to formalize the inheritance, through the postal service, using a valuable letter.

Of course, all documentation must first be notarized at the applicant’s place of residence.

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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! Or call us at:

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Opening an inheritance case with a notary

Heirs may have many problems due to not knowing where to start registering an inheritance. In order not to waste time and not take unnecessary actions, you need to know that the first step to the successful registration of inherited property is the opening of an inheritance case.

A notary must open the inheritance and initiate the transfer of property rights. It is by contacting him that you should begin to formalize the inherited property. A specialist from a notary office will help you write an application for recognition of the right of inheritance and give recommendations on the further collection and preparation of documents.

You must visit a notary for the first time with a question about opening and further consideration of a case no later than 6 months have passed from the day the testator passed away.

Documents for opening an inheritance case

There are not many documents required to begin the procedure for transferring rights. Their list consists of documents required to be presented to a notary, regardless of the type of inheritance. This means that no matter what property is part of the hereditary mass, certain documents are required:

In addition, the personal presence of the heir or his representative is necessary. In the second case, a power of attorney of the established form is required.

Here you have to write a statement outlining a request to recognize the right to inheritance.

The result of the work done will be a formalized certificate confirming the legality of the transfer of rights to the inherited property.

Which notary can I open a business with?

As a general rule, you can start the inheritance procedure with a notary:

However, if a locality is included in the “Inheritance Without Borders” program, then absolutely any notary office can become the addressee of the appeal. If this issue has already been opened based on the application of another heir, the notary, having found this out, will direct the applicant to the address of opening the case.

Changing a notary after the transfer of rights procedure has been started is not so easy. This is done in accordance with the procedure established by law or on the basis of an application from one of the heirs. However, the procedure for transferring a case to another specialist takes a lot of time.

If the heirs do not know which notary accepts citizens to resolve inheritance issues in the relevant area, they must contact the city Notary Chamber. There they will indicate the address of the notary office for application.

Thus, an inheritance case can be opened by visiting a notary. This must be done before the expiration of 6 months after the death of the testator. To complete the process successfully and on time, you will need to provide some documents. You need to contact a notary regarding the issue of inheritance in the place where the testator last lived before his death.

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Tip 1: How to open an inheritance business

From the date of death of the testator, the countdown of six months established by law for accepting the inheritance begins. During this period, collect the documents necessary to submit to the notary. From the civil registry office, obtain the death certificate of the testator, and from the passport office an extract from the house register on the permanent registration of the deceased on the day of death.

To confirm your status as an heir, you will need to have a will in your name or, if you inherit by law, documents proving your relationship with the testator. In this case, marriage registration certificates, birth certificates and, if necessary, other documents are usually provided. Please note that if there is a discrepancy in your surnames in different documents, you need to have in your hands, in addition to the marriage registration certificate, a certificate of change of surname. Make copies of all documents you collect.

According to Article 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is the place of residence (registration) of the testator at the time of his death. Find out which public notary serves the area in this area. Before the expiration of the six-month period for accepting the inheritance, come to the notary for an appointment with a complete package of documents.

Write two statements to the notary - about the opening of the inheritance and about the acceptance of the inheritance by you personally. Provide him with the documents you collected and your passport. At this moment, the notary, upon your first application, is obliged to open an inheritance case. And after six months from the death of the testator, when all the heirs who have appeared declare their rights, the notary will issue you a certificate of acceptance of the inheritance. This document will reflect your share in the property of the deceased, no matter in what form it is expressed.

Tip 2: How to open an inheritance

Inheritance is the property left after the death of the testator, which is divided between the heirs by law in equal parts or passed on by will. To open an inheritance, you need to collect a number of documents and contact a notary office located in the area of ​​the last place of residence of the testator or in the area where the most valuable share of the property is located.

It is impossible to automatically become an heir. If one of the heirs does not apply for acceptance of the inheritance, then all property is divided equally between the heirs who accepted the inheritance. You can also renounce your share in writing, and simply renounce it in favor of another person or persons.

The notary is obliged to accept documents and open an inheritance case even if the heir or heirs do not have the necessary documents or part of them at the time of opening. The notary is also obliged to facilitate the collection of missing documents and make a request to the necessary authorities to obtain them.

The following documents will be required: a certificate of death of the testator, a certificate from the place of residence of the testator, all title documents for real and movable property, an inventory of the remaining property, a birth certificate of the testator and heir, a copy of the marriage certificate if the testator changed his last name, an extract from the BTI, a copy cadastral plan of the property, will, if there is one.

An inheritance certificate is issued after 6 months, if by that time all the heirs conceived during the life of the testator have been born. If one of the heirs has not yet been born, then everyone will wait a longer period until all the children conceived during the life of the testator are born.

The inheritance is divided among the heirs, taking into account the share of each indicated in the will, or equally on a voluntary basis. If the heirs cannot come to a common opinion and divide the inheritance peacefully, all disputes are resolved in the Arbitration Court, and a certificate of inheritance is issued only after a court decision based on a decree.

Sources: law-divorce.ru, napravah.com, o-nedvizhke.ru, pravonanasledstvo.ru, www.kakprosto.ru

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