People often ask the question: how to enter into inheritance rights after the death of their mother? What documents need to be provided? Where to contact?
After the mother has died, there are only two ways to receive an inheritance, namely:
- according to a will, provided that one has been drawn up and it has legal force;
- directly by law (if there is no will).
If we talk about the possibility of receiving an inheritance under a will, then everything is simpler here - those citizens who are indicated in the will will receive the inheritance in a share ratio (the shares are indicated in the will itself).
Freedom of testament is a key principle of inheritance law, but there is a slight nuance to it. This nuance lies in the fact that during her lifetime the mother must remember the circle of obligatory heirs.
This circle includes children who have been declared disabled or underage.
They have the full right to receive a share in the inheritance of at least 50% , which they are entitled to by law (in the absence of a will).
If we talk about those citizens who have the right to claim an inheritance after the death of their mother, then they can be the children themselves, as well as relatives from the first, second and further stages.
If a situation arises when the mother is deprived of parental rights, the child still retains all rights to the mother’s property, thus they are the primary heirs. Do not forget that those children who were adopted also have the right to claim an inheritance after the death of their mother.
Inheritance of an apartment by law and without a will
When inheriting an apartment without a will, more difficulties arise than, for example, if you receive a house.
This is due to the fact that several entrances can be made to the house when dividing it between heirs, but this will not work with an apartment. If we talk about the heirs themselves, then by law all members of the deceased mother’s family have the right to claim the apartment.
When inheriting an apartment, the same rules apply as for other real estate. This means providing all the necessary documents for the apartment .
You can often find situations where the mother, while still alive, submitted all the necessary documents for privatization. If such a situation arises, then before inheriting an apartment, it is necessary to file a claim with the court on the issue of recognition of the heirs' ownership rights to it, after which the procedure for entering into inheritance can be carried out.
Mandatory and spousal shares
The establishment of mandatory shares in the inheritance is carried out in accordance with the law on the basis of Article 1150 of the Civil Code of the Russian Federation.
The allocation of the spouse's share is mandatory if the testator has an official spouse.
If the marriage was civil, the separation of the corresponding share from the rest of the inheritance is not provided.
The spouse's share is ½ of the joint property. In addition, the widow or widower is entitled to a share of the rest of the inheritance.
The obligatory share of the inheritance on the basis of Article 1149 of the Civil Code of the Russian Federation is allocated for:
- children of the testator who have not reached the age of majority;
- disabled relatives due to health or age: children, parents, spouse;
- disabled dependents, disabled people with a degree of relationship up to the 7th line of inheritance, who are in the care of the testator for at least a year;
- disabled dependents who are not relatives of the deceased, but have been in his care for at least a year and live under the same roof.
Heirs who have the legal right to allocate an obligatory part for them can fight for ½ share, which is provided for each of them upon inheritance by law.
Indivisible things
The inheritance may include items the division of which is impossible without loss or change in their purpose.
The following are recognized as indivisible things:
- cars;
- ships;
- gems.
Items of inheritance may be recognized as divisible up to a certain limit:
- buildings;
- land;
- enterprises.
An important aspect when determining the divisibility of a thing is the ability to acquire independent value after division.
In addition, things that are so by law are considered indivisible.
How to enter into inheritance
The procedure for entering into inheritance is as follows:
- The heirs must contact the notary office at the mother’s last place of residence no later than 6 months from the moment of her death. You should initially find out about the presence or absence of a will. If there is no will, you need to draw up an application with a notary.
- After this, you must pay a state fee of 0.3% of the value of the inherited property. For example, the total value of property by inheritance is 350,000 rubles, respectively, 350,000 * 0.3% = 1,050 rubles will be the amount of state duty.
- Return to the notary's office and pick up a certificate of the right of inheritance of movable and immovable property.
After this, you should register the property that was inherited. To do this you need:
- Contact the Registrar's Office.
- Provide a certificate of ownership of the inherited property.
- Write a corresponding application for registration (in the presence of an authorized person).
You need to remember some nuances. You can receive an inheritance only if the heir has performed certain actions, namely:
- paid off all existing debts of the mother;
- was able to fully preserve movable and immovable property transmitted by inheritance, and calculated the costs of its maintenance;
- was able to guarantee the safety of the inheritance from various attacks on it;
- is engaged in property management.
When does the topic of death first arise in children's conversations?
- Sometimes, after seeing a dead animal on the street, a child suddenly discovers that he does not know what happened to the bird (dog or cat). Until that moment, he had not imagined that something active, filled with life, could one day become completely motionless; the transition from one quality to another is incomprehensible to the baby;
- Some fairy tales and cartoons contain moments associated with death. As a rule, children empathize with the plot, and the death of a favorite character can be a shock;
- In kindergarten, children lively discuss among themselves questions “overheard” from adults; it is possible that the child learns about death from his peers, and at home this question will be forwarded to mom or dad;
- Something bad happened and a close family member died. Although there are adults who try to hide the fact of the tragedy, it is almost impossible to truly do this. First, from the child's point of view, someone he knew and loved suddenly disappears. The kid wants to know why this happened. Secondly, in such a situation, people gather at home and talk about the deceased among themselves. Even if they take the utmost care, the child still feels depressed and tense all around.
Registration of inheritance with a notary
The process of entering into an inheritance is always accompanied by contacting a notary office, since it is notaries who are responsible for issuing a certificate of the right to enter into an inheritance .
First of all, you need to remember that you should contact directly the notary office that is located at the place where the inheritance was opened:
- on the territory of the Russian Federation directly in the place where the deceased mother lived;
- outside the territory of the Russian Federation, if her place of residence has not been established.
In turn, outside the Russian Federation you can contact a notary office:
- at the place where the property of the deceased mother is located;
- according to the location of the most valuable property (if, for example, all the property is located in different cities).
It should not be forgotten that in the process of contacting a notary, the heir has every right to submit one of several types of applications, namely:
- about entering into inheritance;
- on obtaining a certificate of inheritance.
There is, by and large, no difference between them, so here the heir himself chooses.
You can send all the necessary documents to the notary:
- using a registered letter with an inventory through Russian Post (it is necessary to order the service of notification of receipt of the letter by the recipient);
- in person;
- with the help of a trusted person (in this case a power of attorney is required).
According to Article 1153 of the Civil Code of the Russian Federation, when sending a letter, it is also necessary to have the signature of the heir certified by any notary.
List of documents
You can enter into an inheritance only through a notary who carries out his work directly in the region where the mother lived before her death.
During the application process, the heirs, with the help of a notary, draw up a statement of desire to enter into an inheritance.
In addition to the application, you must provide a list of the following documentation:
- original death certificate of the mother (testator);
- confirmation of the region of your last place of residence;
- original passport of the applicant for inheritance;
- confirmation of the fact of a family relationship with the deceased mother;
- will, if available.
All documents are submitted in several copies - originals and copies.
Question answer
Below are answers to the most common questions.
My mother recently lived in Ukraine, while I live in Yekaterinburg. Recently my mother died. Can I submit documents and an application at my place of residence, since I am afraid to go to Ukraine?
Answer
Despite the fact that all documents are available, you cannot submit them at your place of residence. But you can draw up an application with a notary at your place of residence , and then send it and a list of necessary documentation by mail (registered mail) to the notary office, which is located at the place of the mother’s former residence.
My mother died more than 6 months ago. Can I enter into an inheritance if the notary has already opened a file (within this 6-month period) and it is kept by him?
Answer
Yes, of course you can enter into an inheritance, but it will take a little more time. The problem is that it is necessary to contact a judicial authority and demand to establish the actual entry into inheritance .
Once this fact has been established, you can take over your rights without much effort. But at the same time, it is necessary to remember that it is necessary to prove in court that there was an actual entry into the inheritance.
What are the features of inheritance after the death of the mother?
The rules for inheriting property after the death of parents are prescribed in the legislation of the Russian Federation. It is carried out in each case with its inherent characteristics, since the inheritance case considers property that has different volumes, value, cost:
- The transfer of rights from one heir to another is not prohibited. This may happen if the recipient of the share died before the date of inheritance. In this situation, his rights are transferred to priority heirs: husband, wife, father, children, parents.
- The inheritance goes to the use of the person named in the will, regardless of the degree of relationship. The exception is the children of the testator. They have the right to half the property even if the will does not say a word about them.
- The heir cannot inherit the property partially. For example, if he is entitled to a car and an apartment from his parents, for which the loan has not been paid, then he cannot take only the car. He must inherit them together or give up both. The debt for the apartment will automatically pass from the testator to the heir.
- If the encumbered property is abandoned, the right will be transferred step by step according to the order of priority. If all relatives refused the inheritance due to debt obligations, and an official letter was written about this, then after six months it becomes the property of the state.
- If the heir did not know about his mother’s death, was away, was not notified on time and the deadline for conducting the inheritance case had expired, then he can restore his rights through the court. The court, as a rule, makes a decision in this case to give him time to formalize the inheritance.
- If the heirs do not contact the notary after the death of the mother in due time, but use the property, they are breaking the law. This condition applies to wills from other relatives: husband, father, etc. After 6 months, an applicant of a different priority may apply to the court. The direct heirs will need to provide an explanation as to why they did not contact the notary on time. The court's decision may not be in favor of the first priority due to a violation of the law.
Read also: Entered into an inheritance, but did not register ownership
If the property bequeathed by the mother is partly the property of her husband, then this must be taken into account in the case. The heir is entitled to the mother's share, and for the husband's share the will is drawn up by him himself. Such subtleties regarding the will for the joint property of the husband and wife must also be confirmed by documents in the inheritance file.
When inheriting property, a lot of nuances may arise that need to be confirmed within 6 months. After six months, disputed inheritance cases continue in court and can last for years. Each case is a special family story, and resolving all issues is possible only with thorough legal support when it comes to the impressive size of the inheritance.
