Entry into the inheritance after death without a will. Procedure of acceptance of inheritance. Terms, documents

Joining a legacy after death without a will is a process that can bring a lot of problems. In practice, many citizens face it. Not all people manage their property during life and transfer it to one or another person. Such inadvertency in the future may bring some trouble to the heirs. How to receive the put property? Who has the right to it? What should every potential heir know? Having understood the established Russian legislation, citizens will be able to resolve all disputes over hereditary cases without wills.

Methods of inheritance

Russia is a country where relatives and third parties battle for the inheritance every year. That is why the features of inheritance without a will have an important role. Everyone should know about them.

In general, in Russia, there are several options for the transfer of property by inheritance. Namely:

• Through a will;
• according to law.

In the first case, a citizen goes to a notary. The inheritance for each person, whom the owner deems worthy, is allocated to the discretion of the applicant. In other words, in the will you need to specify who and what will get after death. Heirs can act any person - and relatives, and strangers.

But more disputes and problems are brought into the inheritance after death without a will. What features of the process will have to be taken into account?

Heirs by law

For example, who will have to deal with in the future. This is especially true for citizens who are not too friendly with their family.

The thing is that when you inherit without a will, third parties can not claim the property of the deceased. By law, the distribution of property is conducted between the relatives of the deceased. Therefore, all hereditary disputes and issues will be resolved within the family.

We also need to take into account that in Russia there is a so-called succession queue. Citizens will claim the inheritance in the order of their order. Here the role is played by family ties. The closer a person is to the deceased, the higher the chances of inheritance.

About queues

Entering into the inheritance after death without a will - the process is not as difficult as it seems. But only if there are no real conflicts in the family. Otherwise, the heirs will probably have to talk to the court on the division of property.

As already mentioned, according to the law, the inheritance is distributed in the order of the queue. The first on the property can claim:

• Spouses;
• children;
• parents.

If the deceased has no wife / husband and children, then the inheritance is primarily offered to parents. Otherwise, the property is given to offspring and spouses. And if they refuse it - the parents of the deceased. Moreover, illegitimate children are also legal heirs of the first stage. The property in equal shares is distributed among all applicants.

Other heirs

As a rule, cases do not reach beyond the first stage of successors. But there are exceptions. Therefore, in Russia, there are several stages in the order of obtaining inheritance. Which ones?

Entering into the inheritance after death without a will allows you to receive the property of the deceased not only to parents, children and the other halves, but also to other relatives. If the listed people did not have a person (or they abandoned their shares), the property will be offered to other close blood relatives.

The second line of successors includes:

• Grandparents;
• Sisters (relatives);
• Brothers.

And these relatives do not? In this case, the property is offered to aunts, uncles, great-grandparents with great-grandmothers, cousins, grandfathers and grandmothers, again, aunts and uncles, nephews. Only after them can an inheritance be claimed:

• Stepdaughters;
• Stepchildren;
• Stepmother;
• Stepfathers.

Was the citizen dependent? In this case, these people can also get their share of the inheritance, but last but not least, after all the relatives listed. In practice, dependents rarely act as heirs by law.

Where to register

Where do they inherit? In Russia, these issues are dealt with by a notary. The inheritance is formalized only in his presence.

You can apply to both a government authorized person and a private one. The main thing is that it is possible to get your share of the inheritance (both by will and without it) only from notaries. About how exactly to act, will be told below.

Timing

It is important to pay attention to the prescription for inheritance. Terms established by the state allow only for a certain time to declare their rights. Otherwise, as an heir will not be able to speak.

The decision on the inheritance of property is taken for 6 months. This period can be restored, but only if the citizen can prove that he did not apply to the notary earlier for good reasons.

At the set time, you will have to write an agreement or refuse to accept the inheritance. You can do otherwise - to take actions that clearly indicate the acceptance of property. For example, start servicing the inheritance, keep it and protect it. This alignment does not occur very often.

Procedure

How exactly is the registration of the inheritance? Do not get confused in the actions will help step-by-step instruction for the heirs. In general, the operation differs little from receiving property as a legacy by will.

In order to receive property by inheritance, it is necessary:

1. Collect some documents required by the heir. They will be discussed in more detail later.
2. Contact the notary with consent / refusal to enter the inheritance.
3. Obtain from the authorized person a certificate indicating the refusal or acceptance of the property.
4. If a person agreed to be an heir, you can go to Rosreestr and register your rights.

A citizen does not want to be an heir? Then after writing the refusal you will need to inform your close relatives about your decision. And already they will have to apply to the notary by following the instructions.

About documents

A rather important nuance is the preparation of documents for inheritance. Father, mother or any other relative is not so important. The main thing is that the relationship with the citizen will have to be confirmed. This is the main problem facing people. Especially when it comes to a cousin.

Among the documents necessary for entering into the inheritance by law, there are:

• Certificate of death of the owner;
• Documents confirming kinship with the deceased (birth certificate, marriage certificate, etc.);
• Extracts from the owner's house book;
• Consent to the acceptance of inheritance;
• Refusals of previous heirs of property;
• Certificates from BTI and Housing Office (for the inheritance of apartments and houses);
• Cadastral passports of real estate;
• Evidence of the deceased's property rights.

As a rule, if it is a question of registering the inheritance by law among the heirs of the first stage, then with the preparation of the papers there are no problems. Therefore, the only problem that citizens may face is the division of property.

Share of husband and wife

Particular attention should be paid to the spouses' shares when inheriting property. The husband / wife of the deceased is the first heirs in turn. Their shares are allocated on special principles.

Which one? First, the spouse gets the inheritance from the joint property, then - from the premarital. Suppose that the inheritance is distributed to the house. The deceased had a wife and 1 child. Then the property will be divided so - 1/2 of the house is given to the spouse before the issue of the inheritance. And the remaining half is divided into a child and a wife in equal parts. So, the spouse will receive 3/4 of the house.

Registration of rights

Suppose that a citizen decided to inherit by law. He appealed to the notary, presented him with the necessary package of papers and received a certificate indicating the acceptance of the property. What's next?

Now, as already said, you need to register your rights. If it is a question of real estate (which in practice occurs most often), you will have to contact the Rosreestr or the registration chamber. With him the heir is obliged to bring:

• A certificate of death of the previous owner;
• Documents indicating the relationship with the testator;
• Certificate of ownership of property (in the name of the deceased);
• A certificate from a notary demonstrating consent to the acceptance of the inheritance;
• Cadastral passport;
• Application for amendments to real estate documents.

In exchange for these papers, the applicant will be given an extract, which indicates the acceptance of the request. After 5-10 days, you can pick up new documents. It should also be taken into account that inheritance is transferred not only property, but also obligations. For example, debts.

From now on, it is clear how the inheritance takes place without a will. In general, this operation differs little from the inheritance of a will. With certain training, citizens can easily get their share of property without problems.