Peculiarities of registration of inheritance after the death of the father

Hello friends! Recently, a colleague had the following story: a relative died in another city and left her an apartment. But the heiress did not have the opportunity to go to Yekaterinburg, where the property was located. As a result, she turned to me with a request for help: she needed to figure out how to draw up the necessary documents. If you find yourself in a difficult situation, let’s find out together how inheritance occurs after the death of a relative : the nuances change depending on whether a will was drawn up or the property is transferred without one.

Who can inherit in 2020?

According to the legislation of the Russian Federation, you can receive an inheritance in the following cases:

• you were mentioned in the will;
• there is no will, but you are a relative of the deceased;
• you are one of the persons who receive a mandatory share;
• you were mentioned as part of the inheritance fund (those appeared in the Russian Federation in 2020).

If desired, a person has the right to leave an apartment, car or other valuables not only to relatives: they will go to friends, acquaintances or the state. But the heirs are entitled to a mandatory share, which will be received by disabled parents and minor children. Also, changes have been made to the legislation of the Russian Federation to protect the rights of citizens of pre-retirement age: it will not be possible to leave them with nothing.

You do not need to have a will in place to receive the property of a deceased person. When the deceased did not draw up the paper during his lifetime, inheritance occurs according to law. But what if you don't know if the document exists? In such cases, contact a notary who will open the case and check the availability of the paper using the notary information system.

How to receive an inheritance under a will after the death of a relative

Entering into an inheritance after the death of your mother , father or other relative who left a will will begin with you submitting an application to a notary. You will visit him in person or send a representative by writing a power of attorney. You should contact the notary serving the area where the deceased’s last place of residence belongs.

List of papers for receiving inheritance under a will

Documents for inheritance include the following:

• a will with a notary's note that it has not been revoked;
• original death certificate;
• Your passport;
• documentary evidence that the testator lived at a certain address on the day of death (copy of financial and personal account, owner’s registration card, registration certificate);
• papers certifying family ties with the deceased.

The notary will check the authenticity of the documents and open the inheritance case; after six months you will receive a corresponding certificate. It will be possible to shorten the waiting period if it is reliably known that there are no other heirs.

Mandatory share upon entry into the right of inheritance

Even if a person has died, disabled parents or small children should not be left without property. This means that they are allocated a mandatory share: it is no less than ½ of the part that they would have received by law.

How to properly register an inheritance after the death of a close relative?

A notary's office located in the territorial proximity to the place of residence of the testator is the place of opening of the inheritance. If information about the last location is not known or the testator died outside of Russia, then you should contact a notary at the location of the inherited property or its most valuable part.

Rules for entering into inheritance under a will.

See a sample statement of claim for actual acceptance of inheritance here.

How to register an inheritance after the death of your mother, read the link:

A unified reference portal for inheritance cases has been developed in Moscow. An inheritance dossier can be created by any notary.

Deadline for inheritance

The period for entering into inheritance is determined by law - 6 months from the date of death of the testator. If exact information about the day of death is not available, then the report should begin from the date of entry into force of the court decision declaring the citizen dead.

A six-month period is defined by law as sufficient for collecting and processing the relevant documents (certificates) for entering into an inheritance. However, cases arise when relatives do not have time to declare their rights to inheritance within the time allowed by law (they were away, sick, did not know about the death of their father, etc.).

The inheritance procedure can only be resumed through the judicial authorities by filing an appropriate petition.

Documentation

Collection of documents is often the most problematic and protracted stage of the inheritance procedure. There is a standard set of documents; as a rule, there are no difficulties in their preparation, but there are exceptional situations (it is necessary to confirm kinship through the court, restore lost property documents). You must be prepared for the fact that you will have to spend time and money searching for the necessary certificates.

Basic documents when opening an inheritance:

• statement of intention to inherit (each heir sends a personal appeal);
• identification document of the heir;
• death certificate of the testator;
• document confirming family relations (birth certificate, paternity certificate);
• a certificate from the house management company about the last place of residence (registration of the deceased);
• title documents for the testator’s property (certificate of ownership of real estate, bank documents on opening accounts, vehicle registration certificates, etc.);
• apartment assessment certificate from the BTI;
• receipt of payment of the state fee for obtaining a certificate of inheritance.

A sample application for acceptance of inheritance can be downloaded here.

It is not necessary to have all the necessary documents on hand on the day the inheritance is opened; they can be collected during the entire six-month period. The notary will advise you on what documents may be needed and where to quickly issue them.

At the same time, the notary independently collects additional information, including about possible heirs who have not declared their rights, and makes requests to the relevant authorities in order to verify the legality of the distribution of the inheritance. As a result of the activities carried out, an inheritance case is formed.

Obtaining a certificate

After 6 months from the date of opening of the inheritance procedure, the relatives of the deceased receive a certificate of inheritance in the form of a separate document for each person or a common document (one for all) listing all heirs and proportional shares of the property received.

In the case of inheritance by will, relatives are given a copy of the will with written confirmation from a notary of its validity. In the future, in order to re-register ownership of the acquired property, the heirs can contact the justice authorities.

How to inherit under a will if there is an encumbrance

When accepting an inheritance with an encumbrance, citizens have to deal with the debts of the deceased. For example, you were bequeathed an apartment with a mortgage that you cannot pay. But if you give up your property, you will also lose other valuables: a car that would be useful to you, or a plot of land.

At the same time, loans are not the only, although common, type of encumbrance. The list of options is endless, since citizens have the right to impose any reasonable conditions. The following often occurs:

1. A will with the right of lifelong residence means that a third person will live in the inherited apartment. This right is granted both for a long period and for a period of several years.
2. The need to pay lifelong maintenance means: you will enter into rights provided that you agree to provide for the specified persons.
3. A testamentary disclaimer implies that you release part of the property claims in favor of another person.

If the conditions are not satisfactory, you can do nothing for 6 months: the valuables will pass to the heirs by law. Also in the text of wills with encumbrances, the citizens who will receive the property if you refuse it are indicated.

But what if you want to inherit a part without encumbrance? For example, you do not agree to pay off the outstanding mortgage, but you need the car left behind by the deceased. In such cases, clarify how property will be distributed during inheritance according to law. If the mortgaged housing is transferred to you by will, but you would have received the car by law, waive one of the grounds.

Is it possible to write a refusal to enter into an inheritance and then change your mind? According to Article 1157 of the Civil Code of the Russian Federation, it is impossible to take the document back.

How is property divided after death when there are several wills?

When there are several wills that have not been revoked, but each one gives orders for different property, all the papers are considered valid. If the deceased changed his will regarding one apartment or car, the notary is guided by the latest available document.

The exception remains the case when a will drawn up later than the others is declared invalid. The latest paper drawn up in accordance with the requirements of the law comes into force.

Reader question: is it possible to challenge a will with an encumbrance after the death of a grandmother?

Hello! The following situation arose: my grandmother wrote a will for me with an encumbrance, stipulating the lifelong residence of my spouse. After her death, this man took out things, including things that did not belong to him: furniture, dishes, gold, bed linen. Now he lives with another woman and threatens to sue, wanting to receive an obligatory share in the inheritance. Nobody pays for utilities; a six-month debt has accumulated. Is there a chance that my grandmother’s husband will receive a share in the apartment, since I have already entered into an inheritance? I wanted to rent out the property; money would be nice.

Hello! To give a definite answer, you need to know the details. It is important to establish whether the apartment was purchased during the marriage relationship: if the answer is positive, the grandmother’s husband will receive the right to a share.

His age, health status, and disability are also taken into account: if the grandmother’s husband is 60 years old at the time of opening the inheritance or he has a disability, he will receive a mandatory share. You should consult a lawyer for advice, because questions about taking ownership of property after the death of a relative are among the most complex.

As for leasing after the main problem has been resolved, the consent of the resident will not be required. But it is necessary to respect his interests: he must use the property under the same conditions as before your inheritance.

Father died, how to inherit

Advice from lawyers:

1. My father died, can his ex-wife inherit if I am his daughter?

1.1. Good afternoon The ex-wife can inherit only by will. The daughter inherits first by law. “Civil Code of the Russian Federation (Part Three)” dated November 26, 2001 N 146-FZ Section V. Inheritance law.

Did the answer help you?YesNo

1.2. I agree with my colleague's answer.

Did the answer help you?YesNo

1.3. Hello. If the wife became an ex before the death of your father, then she cannot, unless there is a will in her favor. According to the law, the first priority heirs are children, spouse, and parents.

Did the answer help you?YesNo

1.4. Good evening! If there is no will in her favor, then she (the ex-wife) cannot inherit. Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation.

Did the answer help you?YesNo

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2. How to inherit a car if the title is lost, I am the son, the owner’s father has died?

2.1. You can enter into an inheritance in court.

Did the answer help you?YesNo

2.2. Kirill, You can get a duplicate PTS. To accept an inheritance, you need to submit a corresponding application to the notary at the place where the inheritance was opened.

Did the answer help you?YesNo

3. The parents of a deceased son (father of two children) have a house, how to inherit.

3.1. If the house is the property of the parents, and their son died, then no way, since the house of the living parents is not included in the inheritance of the deceased son.

Did the answer help you?YesNo

4. My father died on June 25 this year. Lived far away, in another city. He has had another family for a long time, 2 adult daughters. How can I enter into an inheritance, I don’t even know what exactly belonged to him. We never discussed this with him, did not talk about the will, did not expect that this could happen so early.

4.1. Somehow you found out about death.

Did the answer help you?YesNo

4.2. Irina, You need to submit an application for acceptance of the inheritance to the notary at the place of opening, i.e. where the testator lived and died. You will receive information about the property and the presence or absence of a will from a notary as part of the inheritance case. An application for acceptance of an inheritance can be submitted to a notary at your place of residence.

Did the answer help you?YesNo

5. Figure it out, my grandmother and I had an apartment. 50% of the apartment is mine, 50% is grandma's. I wrote a deed of gift for my share of the apartment to my grandmother. My grandmother has 2 children, my uncle and my father. My father died in 2003. And in 2007, my grandmother got married. So, my question is, who will get grandma's apartment after her death? I know what her husband should get, but will I be able to inherit this apartment?

5.1. Good afternoon, Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. This means that the heirs will be: her husband, her son (your uncle) and you (instead of your father), unless, of course, she leaves a will for one of them, bypassing you, and you, for example, do not have the right to an obligatory share.

Did the answer help you?YesNo

6. My father died about 15 years ago and was not included in the certificate under his last name, he was entered under my mother’s last name since they were not married and under his first and patronymic name, now his mother, that is, my grandmother, has died in order to enter into the inheritance How can I prove and what is needed for this that he is my father and naturally she is my grandmother?

6.1. You need to establish in court the fact of family relations in accordance with Article 264 of the Code of Civil Procedure of the Russian Federation. Contact a lawyer to file an appropriate claim in court.

Did the answer help you?YesNo

7. My father was a shareholder in RAO UES. In 2005, he died, I entered into inheritance rights, but I didn’t know about the shares then. And I still don’t know about their number. Now RAO UES does not exist. How can I find out the number of shares and register them in my name? You are probably asked this question often. Help me please.

7.1. Vyacheslav, You need to go to the notary who was in charge of the inheritance case, write a statement so that the notary, within the framework of the inheritance case, sends inquiries to the legal successors of RAO UES, finds out who the registrar is and finds out whether your father is (or was) in the register of shareholders. Next - receive an additional certificate of the right to inheritance of shares.

Did the answer help you?YesNo

8. Can a granddaughter who is 11 years old (without a will) enter into an inheritance if the deceased has a husband (they got married after the birth of her granddaughter) and a son (the girl’s father, that is, the granddaughter of the deceased) who died when his daughter was one year old?

8.1. In this case, two heirs according to the law of the first priority in equal shares: the husband of the deceased and the granddaughter (by right of representation).

Did the answer help you?YesNo

8.2. Yes, maybe he has the right. She is the heir by right of representation. Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation.

Did the answer help you?YesNo

8.3. The husband will be the heir of the first line and will inherit all the property.

Did the answer help you?YesNo

8.4. Yes, it can by right of representation (Article 1142 of the Civil Code of the Russian Federation).

Did the answer help you?YesNo

9. The mother died, lived with the father and it was believed that he was the owner under the purchase and sale agreement, but it turned out that the mother was her own part of the house. How to enter into the inheritance of the mother’s part, after all, 20 years have passed?

9.1. Good afternoon In court, in accordance with Art. 1155 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

10. My father died, the housing was privatized, but it is being demolished. If I inherit, can I get an apartment? No one is registered in the apartment.

10.1. No, you will only receive compensation.

Did the answer help you?YesNo

10.2. Hello. No you don't.

Did the answer help you?YesNo

11. My father died, my mother took over the inheritance, can I, by proxy from the heiress, register my father’s car in my son’s name - in order to deregister or register the purchase and sale of a car between my mother and my son by proxy, the father verbally bequeathed the car to his grandson, that’s all family members know and don’t mind.

11.1. Hello. With a power of attorney, you can sell a car.

Did the answer help you?YesNo

11.2. Hello Tatiana! Yes, with a power of attorney from your mother, you can make a car transaction. In my opinion, a gift agreement (instead of a purchase and sale agreement) concluded between your mother and son with your participation as the mother’s representative will more accurately express the will of your father. There is no tax on the son's income, because... the donor and recipient are close relatives.

Did the answer help you?YesNo

11.3. Hello. Only by proxy.

Did the answer help you?YesNo

12. I have 1/2 of a house with shared participation, not owned, not privatized, land in perpetual lease; in the second half, a father and son lived. Father died. Can my son enter into an inheritance and sell me his share without registering the land and house as his own?

12.1. The son can inherit. But the house must be owned, otherwise it is impossible to re-register it. The son can obtain a certificate of inheritance in his name from a notary.

Did the answer help you?YesNo

13. My grandmother died. The will was executed ONLY in my name. Can my brother (an absolutely healthy person) challenge the will. The father is also alive (group 3 disabled), will he inherit automatically?

13.1. The brother will be able to challenge the will, but whether the claim will be satisfied or not depends on the circumstances during the consideration of the case, the downside for him right away is that he is not the heir of the first priority, and he will have to prove a lot of things! Father, this son is the heir of the first priority and most likely he will have an obligatory share under certain circumstances, which are not indicated in the question, but this is speculative!

Did the answer help you?YesNo

13.2. The brother does not have the right to challenge the will, since he is not an heir. That’s why they won’t even accept his claim. The heir of the 1st stage is the father, he is disabled, and therefore he has a mandatory share in the inheritance. By the way, he can file a lawsuit. But he doesn’t need it, he will still receive a share, although less... than the whole.

Did the answer help you?YesNo

13.3. Natalia Nikolaevna, your brother has no right to challenge the will, because with his father alive, he will not inherit from his grandmother. His rights were not violated by the will. The father, as the heir of first priority to the grandmother's property, can challenge the will. In addition, the father has the right to a compulsory share since he is disabled.

Did the answer help you?YesNo

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14. The car was registered to the father. Father died. No one entered into the inheritance. But there is an agreement that I can do things with the car without my father’s presence! Will the car be registered under this agreement? Or is it necessary to enter into an inheritance?

14.1. Currently, the traffic police authority deregisters the cars of deceased owners, so I recommend registering inheritance rights and registering the car!

Did the answer help you?YesNo

15. Can I enter into an inheritance after the death of my father’s wife instead of him, since he died.

15.1. No, you can't, because... you are not an heir. By right of representation, children of spouses do not inherit, Art. 1146 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

15.2. Olga, You cannot accept the inheritance instead of your father. At the same time, you are the heir of the seventh line to the stepmother’s property.

Did the answer help you?YesNo

16. In the certificate of the right to inheritance, according to the law dated December 19, 2017, two sons of the deceased father entered into inheritance on May 22, 2017. If a share in an apartment is received through inheritance, is personal income tax paid when selling the share and/or donating this share? If yes, then from what amount?

16.1. Hello! Please specify when the testator died? When donating a share, the donor does not pay tax. The tax is paid by the donee if he is not a close relative of the donor. When selling, it is necessary to take into account whether one share is being sold or all the property, the cadastral value of the property, how the deceased father received this property (bought or received for free).

Did the answer help you?YesNo

16.2. Hello Julia! In accordance with Article 217.1 of the Tax Code of the Russian Federation, the minimum period of ownership of an apartment, after which the income from which is not subject to personal income tax, is 3 years. According to clause 4 of Article 1152 of the Civil Code of the Russian Federation, the heir who accepted the inheritance is considered the owner of the inherited property from the moment the inheritance is opened (i.e. from the moment of the death of the testator). Thus, if the testator died on May 22, 2020, then the 3-year period begins to run from this date and, as of now, has already expired. Therefore, income from the sale of an apartment will not be subject to personal income tax. Sincerely, A.D. Ruslan.

Did the answer help you?YesNo

17. My father died in 2011. There is also a sister and mother. My sister and I did not enter into the inheritance. Receipts come to my sister and me. This is dad's apartment. What documents do I need to enter into an inheritance and where to apply?

17.1. Due to the missed deadline for entering into inheritance, you will have to enter into the inheritance in court - to be recognized as having actually entered into the inheritance.

Did the answer help you?YesNo

18. You can enter into an inheritance earlier than 6 months; I am the only heir; my brother and father died a long time ago; I was left as the only heir; my mother died; I lived in the same place as her.

18.1. Yes, you can submit an application to open an inheritance case earlier than 6 months, but the certificate will be issued after 6 months.

Did the answer help you?YesNo

18.2. Hello Before 6 months you will not be able to dispose of the property.

Did the answer help you?YesNo

18.3. Dear Sergey, Voronezh! The laws of the Russian Federation allow, as an exception, to enter into an inheritance earlier than 6 months, if there is indisputable evidence of the absence of other heirs. Good luck to you Vladimir Nikolaevich Ufa 07/07/2020

Did the answer help you?YesNo

18.4. Good evening! You can submit an application for acceptance of an inheritance at any time within six months from the date of opening of the inheritance. After six months from the date of opening of the inheritance, the notary issues the heir (heirs) a certificate of the right to inheritance. Civil Code of the Russian Federation Article 1154. Time limit for accepting an inheritance 1. An inheritance can be accepted within six months from the date of opening of the inheritance. Civil Code of the Russian Federation Article 1163. Time limits for issuing a certificate of the right to inheritance 1. A certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance, except for the cases provided for by this Code.

Did the answer help you?YesNo

19. The situation is as follows: my father’s aunt died. She left her will, namely the apartment, to him. My father also died later without inheriting. My aunt, in addition to my father and his half-brother (nephews), had a half-sister (on her mother’s side). Unfortunately, my sister is mentally ill, i.e. My father managed her affairs by proxy. Questions: 1) to whom should the aunt’s inheritance be transferred in this case? 2) And how should the aunt’s sister receive a pension, etc., in this case?

19.1. The inheritance according to the will will go to your father. I don’t understand about retirement. How does this relate to your aunt's death?

Did the answer help you?YesNo

19.2. Alexander, If the heir died before accepting the inheritance, by virtue of hereditary transmission this right passes to his heirs. Accordingly, in this case you and other heirs of your father’s first line will inherit.

Did the answer help you?YesNo

19.3. File a lawsuit to declare the aunt incompetent and appoint a guardian for her. By inheritance - heirs of the 1st stage according to the Law (wife, children, parents) accept the inheritance of the deceased.

Did the answer help you?YesNo

20. There is an apartment privatized into 3 shares Father (grandfather) - Daughter - Grandson (daughter's son). The father (grandfather) died, they did not have time to enter into the inheritance. The notary says that the granddaughter (daughter) of a long-dead son who did not participate in privatization, because he died, also has the right to the father’s (grandfather’s) share. The question is: does the granddaughter have the right to the grandfather’s share?

20.1. Hello) Yes, it does.

Did the answer help you?YesNo

20.2. Hello! Participation in privatization does not matter for inheritance. Civil Code of the Russian Federation Article 1142. Heirs of the first stage 1. Heirs of the first stage according to the law are the children, spouse and parents of the testator. 2. The grandchildren of the testator and their descendants inherit by right of representation. Thus, if the daughter did not enter into the inheritance, i.e. even if she has not actually started to use and dispose of it, the second priority is attached to the inheritance, i.e. grandchildren. The fact of entering into an inheritance can be proven in court by filing a claim to recognize the heir as having entered into the inheritance.

Did the answer help you?YesNo

My father died in July 2018. In February 2020, I inherited 1/4 of my father’s apartment, and 3/4 of the part went to his wife (the second wife after the death of my mother).

In 2020, my father died, I took over the inheritance. My sister did not take over the inheritance.

Grandmother left behind the apartment. She has 2 sons. One son died. He is survived by a daughter and son.

I want to register ownership of a land plot in SNT. Certificate

My father died in 2020. I have entered into an inheritance. He repeatedly asked his sister to join her unit, looked for her through the police, since she did not live by registration.

My husband died and there are three children left. The eldest is married and has a 10 month old child. We have entered into an inheritance.

I have 4 children who entered into the inheritance of their deceased father, there are also 2 children from my first marriage and 2 parents.

11 years ago my father died. My mother took over the inheritance; we, two daughters, wrote a refusal in favor of our mother.

18 years ago my father died, the dacha plot remained, and it accordingly goes to my mother, me and my brother in equal shares.

The father died, his wife said that a deed of gift had been written, but recently it turned out that she had simply entered into an inheritance. She just deceived me.

My mother died, she was the owner of the apartment. My father has 1/2 share of this apartment according to the law as the surviving spouse,

Procedure for entering into inheritance after death without a will

Since citizens rarely draw up a last will, heirs have to enter into rights without a will . In this case, the property of the deceased is distributed among living relatives in accordance with current legislation.

If there is no will left, then entry into the inheritance is carried out by submitting an application to a notary. But an alternative is also available in the form of so-called implied actions: you are actually going to accept the apartment (most often we are talking about real estate) and are taking measures to preserve it.

In practice, residents pay utilities, make repairs, and pay off rent arrears. If you take any of these actions within 6 months. After the death of a person, the actual adoption of rights will take place. In other cases, you should contact a notary to handle the paperwork.

Where to go to become an heir

To receive an inheritance, submit an application at the place of last registration of the deceased. If the address is unknown, contact the location of the deceased’s property; Muscovites will get help at any notary office.

You can download a sample application from the link or ask a notary.

What to do if the objects included in the hereditary mass are located in different places? Go to a notary who serves the area where the most valuable piece of real estate or other assets is located. To determine which of the remaining apartments is worth more, rely on market prices.

You will submit an application for inheritance in one of the following ways:

• personally;
• through a representative or other person;
• by mail.

If another person brings the paper or you send it by mail, your signature will have to be notarized.

Verification of documents by a notary

Before you take possession of the abandoned valuables, the notary will check the following points:

1. The fact of the death of the testator is established by the relevant certificate.
2. The place of opening of the inheritance is confirmed by a certificate from the Housing Office, an extract from the Unified State Register of Real Estate, or a court decision.
3. The presence of a family relationship is certified by a birth or marriage certificate. The notary also accepts other documents issued by the civil registry office.
4. The composition and location of the inheritance are confirmed by a certificate of ownership, a purchase and sale or exchange agreement.

You will also pay the state fee and confirm the transfer of money with a receipt. After establishing the authenticity of the documents and their compliance with the requirements, the notary will issue a certificate of inheritance. It will serve as the basis for registration of ownership when you submit the paper to Rosreestr or the MFC.

Deadlines for entering into inheritance after the death of a relative

The standard period provided for by law for entering into an inheritance is 6 months: it is counted from the date of death of the deceased. During this time, you must submit an application confirming your claim to the property.

You can receive a certificate of entry into rights only after 6 months. will expire. You will then register the property with government authorities: the law does not set a time frame for this stage.

What to do if the deadline for entering into inheritance after the death of a relative has expired ? The main thing is that you do not panic, since the law provides for exceptions:

1. A common situation is when citizens actually take ownership of an apartment, but delay completing the paperwork. Sometimes the property should already go to the grandchildren of the deceased, and only then will they find out that the parents did not attend to the issue in time. To solve the problem, file a lawsuit to establish the fact of taking possession. Evidence will include receipts for housing and communal services or payment of taxes.
2. Didn’t know and couldn’t know about the opening of an inheritance case? Ask the court to restore the missed deadlines. He will also help you halfway in the case where you knew about the death of a relative, but for objective reasons did not draw up the paperwork. The grounds will be a long business trip or illness, but only if you go to court within 6 months. after the obstacles to inheritance have disappeared.

In practice, missing deadlines is fraught with litigation, especially if several people claim the property. So that you do not have to be left without an apartment due to the statute of limitations, submit your application to the notary on time.

What else should you know about deadlines?

The deadlines for entering into inheritance also change in the following cases:

1. The right of inheritance arose because the deceased's child, spouse or father refused to accept the property? Another 90 days will be added to the standard period.
2. When your right arose due to the refusal of the heir, then 6 months. are not counted from the date of death of the owner. It is necessary to focus on the date when the person submitted a document confirming his reluctance to accept the property.
3. Are there many heirs, and everyone except you has taken over the rights? If they do not object to giving you a share, contact the notary and talk about missing the deadline. But this option is only possible if you are not the only one to whom the deceased left property. If there are no other heirs, and you did not contact the notary within the prescribed period, you will have to go to court with a claim.

It is also possible to avoid litigation in the case where you have actually taken possession of the apartment. There is a chance that you will present the evidence to the notary, and he will consider it sufficient: as a result, you will receive the appropriate certificate.

If you still have questions about entering into an inheritance, watch the video:

An example of a trial to assume the rights of an heir: what needs to be taken into account after the death of relatives

A Moscow court considered a case where the subject of contention was a 3-room apartment in a prestigious area. As a result, after the death of the owner, there were 3 applicants:

• adult daughter from 1st marriage;
• 11-year-old son from his new wife;
• father of the deceased.

The adult daughter was the only one who did not miss the deadline for entering into inheritance and submitted an application to a notary. Since the father and son of the deceased did not declare their rights, the girl received a certificate and transferred the apartment to herself in Rosreestr.

A year later, the mother of the minor decided that it was in vain that she had not registered part of the property in his name. She filed a lawsuit in court, which examined the case and ruled: since the child, due to his age, could not defend his rights, he should not suffer from the untimely actions of the parent. The certificate of inheritance issued to the daughter of the deceased was revoked; The girl’s arguments that her brother had missed the statute of limitations were ignored.

The dissatisfied heiress filed an appeal, which was granted in full. After a new hearing, the court decided to deny the mother of her 11-year-old son all requests. In his opinion, there was not enough evidence that the child and his parent actually accepted the inheritance.

How to get an apartment after the death of a relative

But the Supreme Court did not agree with the decision and reinstated the heir's rights. He emphasized that the actual acceptance of the apartment took place: the boy lived in the disputed property, and the mother paid for repairs and utilities. Obtaining a certificate of ownership is a right, not an obligation; Lack of paper should not be a reason to deny a claim.

As for missing statutes of limitations, the RF Armed Forces emphasized: it is not necessary to count 6 months. from the moment of death of a relative, and 3 years from the date when the plaintiff or representative learned of the violation of his rights.

Actual entry into inheritance

This type of inheritance is quite common. For example, when children live with their parents, use property, pay taxes and bear the costs of its maintenance.

The only drawback is the impossibility of fully disposing of such an object without proper registration of the inheritance. Such heirs need to contact a notary and submit the necessary papers. And after receiving the certificate, you need to register ownership.

Documents that confirm the actual acceptance of the inheritance

If necessary, you can attract witnesses who will confirm the actual acceptance of the inheritance after the deceased relative. This includes the deceased person's friends or neighbors who visited the person regularly and knew how he was living.

If the notary refused to issue a certificate or the heir missed the deadline, then you will need to go to court. The hearing of the case takes place within the framework of special proceedings. The essence of the application is to establish the fact of entry into inheritance rights.

If the court satisfies the stated requirements, the heir will subsequently need to visit the notary again and submit documents, including a court order that has entered into force.

You can also file a claim for recognition of ownership of the accepted inheritance. The main difference lies in the requirements of the applicant.

The first option implies the absence of disputes about inheritance. In the second case, several people lay claim to the property. Therefore, the conflict between them is resolved in court.

An application to establish a legal fact is submitted at the place of registration of the heir. A claim for recognition of ownership rights is filed at the address where the property is located.

How to preserve property after the death of the testator before assuming rights

The heirs are afraid that in the 6 months that pass from the opening of the case to the entry into rights, relatives will steal, destroy or hide some of the valuables. But the tasks of the notary also include the preservation of property: he will take care of the procedure on his own initiative or upon application.

To ensure the safety of inherited property , he will take a number of measures:

• make an inventory, ensuring the presence of independent witnesses;
• put the money on deposit with the notary;
• determine who to entrust the storage of property to;
• will transfer management of companies under a contract;
• If necessary, send instructions to officials.

Measures to protect the inheritance are applied within the period established by the notary. But the period cannot exceed 6 months; in special cases it is extended to 9 months.

How much does it cost to accept an inheritance: the amount of state duty and tax

When you contact a notary, you will pay the state fee for entering into an inheritance after the death of a relative. The size depends on what kind of family relationship you had:

1. For children of the deceased, parents, husband or wife, brothers or sisters, the amount is 0.3% of the total value of the objects. But the law also sets an upper limit - 100 thousand rubles.
2. Other relatives will contribute 0.6% of the cost; the amount should not exceed 1 million rubles.

Expenses also include payment for notary services, which is determined depending on the fee and the price of the property. You also have to contact an appraiser to calculate the interest charged: this increases costs.

As for inheritance taxes , they were abolished in accordance with Art. 217 Tax Code of the Russian Federation. An exception would be the case when you want to urgently sell an inherited apartment:

1. Has less than 3 years passed since you received ownership? You will pay 13% income tax.
2. For foreign nationals wishing to sell real estate before the expiration of 3 years from the date of receipt, the tax will increase to 30%.

If you waited 3 years and then sold the apartment, you will not have to pay income tax. But the rule applies only to heirs of the 1st stage; for others the period increases to 6 years.

The state fee is paid by each of the heirs.

Basic design rules

Now some specifics on how to formalize an inheritance after the death of a father in practice. To begin with, you should know that the inheritance case begins with a notary where the parent was last registered. Moreover, if the property is registered in one place, and the deceased in another, it is possible to open an inheritance only in one of these places. Advantage depends on place of residence. If the place of registration of the parent was not known, and you do not know how to enter into an inheritance after the death of the father in this case, then it is advisable to go to the notary’s office where such property is located.

When the property is scattered in several places, the place of probate after the father dies will be where his largest share is located. The deadline for registration in all cases is unchanged - 6 months from the date of death. If you miss this period for valid reasons, it can be extended by court decision, where you will have to provide weighty arguments in your favor.

Among the documents provided for the transfer of property rights, you will need the original death certificate, you will also need the heir's passport, original documents for movable and immovable property, certificates, extracts, bank agreements and others confirming the availability of funds and material assets by the deceased. Therefore, before entering into an inheritance after the death of your father, prepare everything in advance according to the list, which you can find out about at the notary.

In this case, the share of the inheritance after the death of the parent will be calculated by a notary, and you will receive papers for the property share (the corresponding certificate) only after six months.

Benefits for paying state duty upon inheritance

Art. 333.38 of the Tax Code of the Russian Federation stipulates that the following categories of persons are exempt from paying for notarial actions related to entering into an inheritance:

• disabled people of groups 1 and 2 (50% discount);
• individuals who have not reached the age of majority on the day of opening the inheritance;
• citizens suffering from mental illness.

You will also not have to pay in the following cases:

• you get the apartment in which you lived with the testator before his death;
• you receive a deposit in the bank, money in your account, savings;
• property is transferred in connection with the death of a person who died while performing government duties or was a victim of repression.

Participants of the Second World War, holders of the Order of Glory, and heroes of the Russian Federation are also exempt from payment.

When can you inherit an inheritance?

Registration of inheritance becomes possible immediately after the death of an individual. The basis for opening a case is a death certificate or a corresponding judicial act.

Heirs are given 6 months to submit documents. An increase in the period is allowed in exceptional cases - elimination of applicants, abandonment of property, death of the main heir.

Documents are submitted by persons who have reached the age of majority. If the heirs have not reached the age of majority or are declared incompetent by the court, then parents/guardians act on their behalf.

Features of the procedure: can heirs divide property in their own way?

A situation often arises when relatives, after the death of the testator, try to divide the property in their own way. But first, decide who can receive the remaining valuables; later you will give them to the person with whom you have reached verbal agreements. A notary will not register an apartment in the name of the deceased’s aunt just because she made an agreement with the deceased’s son. But you can give up the share in favor of other people or without specific instructions on who will get it.

A situation also arises when the relatives of the deceased agree on the division according to their ideas, but do not deal with the paperwork. They are afraid to begin procedures, believing that they will have to stand in queues and go through numerous authorities. As a result, one person who wants to complete the paperwork cannot persuade the rest of his relatives. What to do in such a situation?

If you want to register an inheritance , then the consent of other applicants is not required. You can submit an application to open a business in person; papers from other relatives are not required.

Debts of the testator

Any debt on loans or utility bills goes to the relatives of the deceased citizen. Its repayment occurs at the expense of the received property.

If the amount of debt is significantly greater than the value of the inheritance, then claimants to the property may refuse it.

Debts inextricably linked with the personality of a deceased citizen do not pass to legal successors. This includes fines for administrative offenses and alimony payments.

How to enter into an inheritance after the death of a father or mother

The children of the deceased are considered heirs of the 1st stage; in this case, minors have the right to a compulsory share. Even if the deceased made a will for other citizens, the young son or daughter will receive ½ of the property that would have been inherited by law .

The norm also applies to an unborn child if the person died before his wife’s pregnancy came to an end. In such cases, you should wait until the heir is born and then take over the rights.

When property is legally transferred to a child under 18 years of age, nuances appear during the registration process:

1. If the heir is under 14 years old, a legal representative acts on his behalf.
2. When a child is 14-17 years old, he takes over the property on his own. The only necessary condition is the consent of legal representatives.

There is no need to obtain permission from the guardianship authorities, since the transaction increases the volume of the child’s property. His interests cannot be harmed, so the permission of the representatives will be sufficient.

Reader Question: Does an illegitimate child have the same rights?

Hello! My father died, and several years ago he left the family and cohabited with a stranger. She had a child, whom the father did not consider his own and did not register as his own. As a result, the boy has his mother’s last name and my parent’s middle name. Now there is a risk that the child’s mother will claim the inheritance on his behalf. I want to know if an illegitimate child has rights?

Thanks for the question! The inheritance of an illegitimate child is permitted, since the law does not consider the marriage of the parents to be a necessary condition. But the mother will have to establish paternity in court: as a result, the boy will be recognized as an heir of the 1st degree.

Subtleties of entering into rights: what needs to be taken into account

When entering into an inheritance , consider the following subtleties:

1. In some cases, movable property makes up the majority of the estate. But the will rarely stipulates how to dispose of it, and the deceased often does not formalize his will. In such cases, things are divided in equal parts between the heirs. In practice, it turns out that the person who lived with the deceased receives more home furnishings. If other relatives have property claims on this basis, they have to pay the difference.
2. Have you already registered ownership of an apartment or car, but it turns out that the deceased still has property left over? Contact a notary to reopen a closed case. The procedure follows a familiar pattern: as a result, you will be issued an additional certificate.
3. It happens that one relative refuses to provide the others with the papers necessary to take ownership. But this will not be a hindrance, since you will receive a copy of the death certificate from the registry office. Information about the previous owner of the apartment can be obtained from Rosreestr: the notary will send a request to it.

Disputes arising over inheritance are considered the most complex, expensive and time-consuming. To avoid unpleasant surprises, clarify the details in advance and, if necessary, contact a lawyer.

Reader question: how to leave children without inheritance after death

Hello! I live with my husband, both of them are in their second marriage. There are no common children, and my daughter and his son have been living separately with their families for a long time. The problem is that we are both over 70 and need help but are not getting it. But the neighbors come to chop firewood, buy medicine upon request, repair the house and take care of the plot. So I want to know, is it possible to leave everything to them with a guarantee that the wills will not be challenged?

Thanks for the question! Make wills for each other with the condition that in the event of the death of both, the house and other valuables will pass to the neighbors. Children will receive only the obligatory share, and only if they are disabled for health reasons or age. But it will turn out to be small: for example, if according to the law the son and daughter would each receive ½ of the inheritance, then after drawing up the will they will not receive more than ¼.

Citizens who maliciously shied away from fulfilling their duties towards the deceased are excluded from inheritance. But the fact must be established by law: file for alimony for the children, so that later the heir can be recognized as unworthy.

Another way is to prove that children do not need your land and house. After all, the obligatory share may be reduced or canceled if the heirs under the will constantly used the real estate or land. For example, neighbors grew crops on the plot and sold vegetables. The children did not try to move into the house, did not take on maintenance costs, and did not cultivate the land. Also, the court will be on the side of the heirs under the will if their financial situation suffers significantly without the disputed real estate. But a necessary condition in this case will be that your daughter and son have a high income.

Who cannot become an heir and take over rights

to receive an inheritance :

1. Citizens who tried to increase their share through forgery will not receive property either by law or by will. An exception would be the case when the deceased left them his valuables after they tried to commit deception.
2. If the parents were deprived of their rights, the property acquired by the children will go to them only by will.
3. Heirs who maliciously evaded the responsibilities of caring for and maintaining the testator lose the opportunity to receive the material assets left behind. But the deprivation procedure is carried out only by court decision.

Persons who interfered with the will of the deceased will not receive property either. For example, a person wrote a will, wanting to leave an apartment to his illegitimate son. The wife found out about the last will, found the document and destroyed it: according to the law, she must lose her rights to real estate and other remaining valuables. If such persons received an apartment, car or land, they are obliged to return them in their original condition.

How to get an apartment after the death of relatives according to a will

When applying established norms, it plays a role whether the actions of the heirs were intentional. And to prove the fact itself, a court decision will be required, for example, on the assignment of alimony. The malicious nature of non-payments is determined in each specific case, taking into account a combination of factors.

In practice, the ethics of human relations is at odds with the law: the emotions of potential heirs take over when they ask to recognize a sister, father, or mother as unworthy of the property of the deceased. They claim that they did not take enough care of the deceased, but they forget that when considering a case, evidence is important. Their role will be played by a court decision previously made on the issue; Moreover, it must have a direct relationship, not an indirect one.