Acceptance of inheritance - highlights

In life there is always a time when you have to solve the issues of inheritance. But to fully use and dispose of property, it must be accepted and formalized.

Acceptance of inheritance occurs in two ways: actual acceptance, when the heir continues to use the property and makes various improvements with it; Filing an application for acceptance of the inheritance to a notary. In case of impossibility to act on his own, the heir can draw up a power of attorney for another person.

Russian legislation regards the hereditary mass as a single whole. It is impossible to accept or abandon the inheritance in part. For example, you can not accept an apartment, but refuse loans or debts of the testator.

On the acceptance of the inheritance, a period of six months is given. During this period it is necessary to visit a notary and write a statement. After the expiration of the specified period, the property can be registered in ownership in two cases: to restore the time through the court, confirming its absence as a valid reason, and if the other heirs agree to divide the inherited property for another person without a court decision.

Civil law contains norms that allow not only accepting, but rejecting inherited property, both in favor of other persons having the right to inheritance, and without indicating anyone. It is impossible to cancel such a refusal.

Acceptance of inheritance and the renunciation of inheritance must also be registered in a notarial order. In some cases, to refuse the hereditary mass is impossible: with inheritance of the mandatory share, part of the property, in the presence of a will, with the assignment of the heir and the inheritance with reservations.

Acceptance of the inheritance occurs for two reasons: by will, and in its absence - by law. By law, property is divided into parts between close relatives of the deceased. There is a strictly defined order in which heirs have the right to claim the property of the testator.

In the will, you can dispose of your property in various ways: to bequeath it to one or more persons (it is possible to specify shares at the discretion of the testator), who can be relatives or strangers, and deprive the right to inherit the estate of heirs by law. You can change the old one or make up a new will many times. In any case, the testament that was made last will be valid.

Acceptance of inheritance under the will occurs at the notary with presentation of a copy of the will by heirs within 6 months. The will can be challenged in court and canceled. It will also be invalid in case of its incorrect registration (nullity).

Legislation provides that the acceptance of the inheritance can occur immediately for several reasons. In this situation, the heir can choose to take his inheritance one at a time and on all grounds.

After handing out a certificate of the right to inherit, heirs must register it with the Registration Chamber.