Division of inheritance between heirs: law, rules and characteristics

The inheritance section is a sick topic for many families. There are no problems with inheritance of property, if the heir is only one. But when there are several, they often have to argue, prove their case and apply to the court for the protection of their own rights and interests. Often, human relations in the division of property by inheritance are lost. Therefore, one has to count only on the law. What it is necessary to remember about the inheritance and its transfer?

Methods of inheritance

For example, property from the testator can be transferred in several ways. Namely:

• according to law;
• By will.

In the first case, the former owner of the property does not leave any testamentary documents. In the second, a paper is drawn up, which prescribes to whom and what is supposed after the death of the testator. This situation causes the least number of questions.

Also, all disputes on the issue under consideration can be solved:

• Peacefully, by agreement;
• judicially.

In practice, the second variant of the development of events prevails. Often, heirs can not agree among themselves and go to court to clarify the situation with obtaining property. This is a normal practice in Russia.

On inheritance by will

The division of property by inheritance has many features, without understanding which it will not be possible to avoid problems. Let's start with the transfer of property by will.

If the heir is one, then all property of the testator, as a rule, is transferred to the person specified in the testamentary paper. But if there are several applicants, some problems arise.

When it is not specified in the will, to whom and to what extent to transfer the property, the property passes to the common share ownership and is divided in equal shares between all the heirs. That is why citizens are advised to clearly indicate to whom, what and to what extent will belong after the death of the testator.

Legitimate inheritance

But sometimes people just do not have time to leave a will. The procedure for dividing the inheritance in this case will be carried out according to the law. That is in the order of the queue.

The legislation of the Russian Federation divides all relatives of the testator on a step. The more it is, the further from the inheritance is the human's kin.

So, first of all property will be transferred to spouses, parents and children. Next come grandmothers and grandfathers, grandchildren. And so on. The closer the relationship between citizens, the closer they are to inheritance.

It is important to understand that the division of inheritance is carried out in equal parts by law. As long as there are heirs of the 1st stage, applicants for the property of the 2nd line can not receive the inheritance. It is not for them.

When is the property transferred to the heirs of the 2nd degree? This is possible if:

• There are no pretenders to the property of the 1st stage;
• Someone refused to accept the inheritance.

Similarly, the acquisition of property under the law by successors of other orders will occur. All this must be taken into account when solving the problem under study.

Preemptive rights

The division of the inheritance is a very ambiguous topic. We have to take into account a huge number of features of modern legislation. Especially if it is not written in the will, to whom and what property should be transferred.

In Russia there is such a thing as the preferential right of inheritance. It is applied when there is no possibility to actually divide the property among the heirs. The property will pass to the one who has the pre-emptive right to inheritance.

If the heirs had a common share ownership, then after the death of the testator, the former will have the preferential right of inheritance. In addition, citizens who lived / used on an ongoing / regular basis as an object of inheritance primarily claim indivisible property.

Suppose that citizens are given a house that can not be divided. In this case, those who lived there are entitled to the property first of all.

We operate by agreement

Now a little about how you can make the division of the inheritance. We have already found out that among the available ways of solving the problem there is an agreement and a judicial debate. Let's start with a peace agreement.

The current legislation of the Russian Federation allows you to divide an indivisible inheritance by agreement of the heirs. In this case, the contract is concluded with a notary. It provides for the allocation of shares to one degree or another to the heirs of the deceased. Such a document can be issued only after the citizen has been given a certificate of ownership of the property with a pre-emptive right.

If we are talking about movable property, then the agreement can be concluded before the registration of property rights. It is important to understand that the contract does not have an exact template. It is necessary to compose it in writing and prescribe in the text all the features and nuances of inheritance.

Courts

The division of the inheritance by the court is the most common alignment in the presence of disputes between the heirs. Inheritance will occur according to the principles that the judicial authority will establish.

It is not excluded that the court will force one of the heirs to transfer monetary compensation to the account of the inheritance or indicate the need to sell the inheritance in order to divide the proceeds from the potential recipients of property in proportion to the assigned shares in the property.

At the same time, the judicial authorities will take into account not only the documents submitted, but also the current legislation with succession queues. Therefore, it is impossible to say exactly how the division of inheritance between heirs in this situation will be effected.

On the assumption of inheritance

We studied the characteristics of hereditary issues. It is worth noting that the right to inherit in Russia has a certain time. If you miss them, then claim the property will not work.

No pre-emptive rights in the section of inheritance in the case of the admission of the limitation of applications for issues of obtaining property will not help. The thing is that after the death of the testator, citizens have 6 months. During this time, a person must decide whether he will act as an heir or not. It does not matter, by law or by will.

Consent or rejection of inheritance is registered with a notary. As it was already said, if the heir of the 1st stage refuses his right, then the division of the inheritance will be made between the remaining claimants for the property. For example, between recipients of the 2 queue.

Documents for inheritance

Now it is clear how the disputes are being studied. In Russia, hereditary claims are encountered more and more often. Therefore, it is necessary to remember all the features offered to attention.

Do you want to get an inheritance? Section of an apartment or other property is made on the basis of the principles listed above. For acceptance of the inheritance it is necessary to bring to the notary:

• Will (if any);
• Documents that can confirm the relationship with the testator (birth certificate, marriage certificate, etc.);
• A certificate of the death of a citizen (recognizing him as dead);
• Certificate from the place of residence of the testator;
• Passport or other identity card of the heir;
• Document, which indicates the decision on the acquisition of property by inheritance.

That's all. The notary will examine the materials offered and issue a certificate of acceptance of the inheritance to one degree or another. If there are disputes during the division of the inheritance, you can appeal against the decisions taken in court. But it is better to do it in advance and peacefully.

Results

From now on it is clear how the division of property is carried out by inheritance. By law or testament - it's not so important. The main thing is that all the features of inheritance in this or that case were revealed by us.

In fact, solving the question under study is not so simple. Therefore, experts advise all testators in advance to settle property disputes between potential heirs. For example, to make a detailed testament or to divide the inheritance during life by decorating donations. Otherwise, it is impossible to exclude litigation between relatives, sometimes the closest.