Hereditary mass: concept, composition

The branch of law relating to the regulation of relations in the field of inheritance is a set of legal norms regulating the causes of the emergence of the relevant rights, the category of possible successors, the procedure for entering into ownership of the property of the deceased. Very often, people who first encounter such a procedure are lost and do not know how correctly, in accordance with the law, to formalize the transfer of rights, and most importantly, what they can claim. The main definition, without which it would be impossible to talk about this branch of law, is the inheritance itself (hereditary mass, hereditary property). Therefore, it is important to know and understand what is included in this concept and what it consists of.

Active and passive inheritance

Successors receive not only property, but also some duties of their relative. The inheritance, as the object of law, arises immediately after the death of the person to whom the transferred rights and duties belonged. Until this happens, the potential property of successors is called a recumbent. The hereditary mass is a complex of all property rights and obligations that belonged to the deceased citizen during his lifetime, and passes in the manner prescribed by law to legal successors. All rights to property, which the deceased possessed, pass to relatives as an asset, and all obligations of the deceased - as a hereditary lot. Obligations of relatives who take property into property, to pay off debts of the deceased result from universal succession.

Inheritance and common property

It should be understood that due to the fact that the spouses own property acquired during the marriage as general, in the event of the death of one of them, only half of such property is transferred to the assignees. The other half or a certain proportion remains with the living spouse.

What can relatives get in the process of succession procedure?

According to the Civil Code of the Russian Federation, the inheritance is all property, things, rights and obligations (which are not inextricably linked with the person).

The property that passes as a result of succession can be divided into three groups:

1. The property itself as such, including money savings and their equivalents.
2. The rights of the deceased to property (property), including the rights that belonged to him as a subject of contractual relations that arose during the lifetime of the testator.
3. Property obligations (loan, loan).

Successors important to know in advance the composition of the hereditary mass. Starting from this information, it is possible to calculate the amount of the fee that must be paid in order to obtain a certificate of ownership. The hereditary mass contains an exhaustive list, it is worth considering the listed groups in detail.

Things and other property

The property transferred to legal successors includes, as a rule, real estate: a house, a dacha, an apartment, a car, a land plot, as well as household goods and cash savings.

Hereditary mass, a special share of which consists of personal consumption items, comfort items and amenities (furniture, appliances, utensils), is transferred to those successors who, regardless of their order, lived with the deceased jointly for more than one year, and also used them along with it during their lifetime With the aim of satisfying daily household needs. Either they did not live together, but they took part in the management of the common economy with the deceased, and therefore they used the objects of household utensils together with the testator. If such citizens are absent, then household objects are part of the general heritable mass.

Transfer is subject to cash savings in deposits, as well as securities. It is very important that the latter should appear in the notary's inventory when drafting a will, otherwise it will be difficult to prove the existence of securities belonging to the deceased. If shares are inherited, then along with the general rights non-property rights are transferred, for example, the right to vote at a meeting of shareholders. This means that when inheriting shares, the assignee acquires not only property but also non-property rights.

As for cash deposits, they transfer to successors in the general procedure, except for cases when the deceased had made an order on the deposit during his lifetime, so that he was transferred to a certain person or state.

Modern Russian legislation provides for the case when the deceased citizen had already managed to file documents for the privatization of the apartment, which had been duly registered, but in connection with the death, the certificate of ownership was not received. In such cases, a non-privatized apartment can legally be the object of succession, satisfying the interests of potential successors.

Objects that have not been completed can also be part of the inheritance. For this, it is necessary that the object has a certificate of ownership.

Contractual rights of the deceased

The rights of a citizen who was in a contractual relationship are transferred to heirs. For example, the deceased during his lifetime was in labor relations and did not have time to receive a salary for the days worked by him. After the death, the successors are entitled to receive his money from the employer. If someone has harmed the property of the deceased, then the right to compensation for harm is also transferred to relatives. If the harm was caused to the health of the testator, then the right to compensation for harm to successors is not transferred. This is due to the fact that in this case this right belongs only to the person who was harmed. According to the Civil Code of the Russian Federation, the inheritance can not be inextricably linked with the personality of the deceased.

Credit and other financial liabilities

A special category of inheritance are debts - money and others. However, the assignee bears incomplete responsibility for the return of the deceased's debts, but only exclusively within the inheritance of the masses, in proportion to the property that he received. Such a person is exempt from payment of debts by his personal property. There is also a reverse situation: the testator during life itself has given a loan, but the borrower did not have time to return to him the money due to the death of his creditor. In this case, the heirs have the right to file a relevant claim for the inclusion of property in the hereditary mass. That is, debt, at the request of successors, can also enter into common property. Here you will need proof of the existence of such documents - documents confirming the presence of the debtor (court order), then the hereditary mass, the claim for which was filed, may be increased.

Conclusion

Modern Russian legislation minimizes the list of restrictions that prevent the transfer of property to assignees. There is an unequivocal advantage in this: the testator, for example, even during life becomes interested in the development of his entrepreneurial business, because the higher the profit, the more close people will get after his death.

Thus, the testator can take care of the material well-being of potential successors, but the practice when the state leaves the property of the deceased (escheat) by law, becomes more rare.