How to inherit: theory and practice

The death of a loved one is a loss, it will take a long time to recover from it. Meanwhile, however trivial, life continues, it requires us, among other things, to take a number of actions to prepare the documents necessary to confirm the right to dispose of property left after the death of a relative. It's about how to inherit.

Where to go

The application for the opening of the inheritance shall be filed with the notary. And not at any, but in the place of residence of the deceased. For convenience of the population, a certain territory is assigned to each district notary. The second option: the division is carried out by the first letters of the names of the deceased.

Turning to the notary chamber, you can find out whether a will was drafted, which specialist will be involved in this case.

Procedure for opening and accepting inheritance

The fact that all the relatives of the deceased have appeared are given six months. The time is calculated from the date of death. To get full information on how to enter into the rights of inheritance, as well as what is the composition of the list of required documents, you can in the notary's office.

First of all, you need the paper:

• The death of a relative;
• Determining the relationship with him;
• From the place of residence of the deceased.

It will also be necessary to collect documents for each type of property that is inherited: movable, immovable, shares, deposits and so on.

At the end of six months, notary certificates are issued on the right to inherit , indicating the share owed to each relative. Their size depends on the factors described below.

Separately it is worth noting that in the event that the heir did not know about the decease of a relative or had a valid reason why he did not enter the inheritance rights, he may later appeal the division of property in court. However, in this case, the time during which he can do this is also limited to six months. Their countdown begins at the time when the reason for missing the acceptance of the inheritance was eliminated . If this relative is the only one, you can join the rights of a notary. He also decides this issue, if there is no contradiction with other heirs, otherwise the case is transferred to the court.

How to inherit, if there is a will

Rights to property are determined by the last will of the deceased. If there are several wills, the last one is deemed valid. The amount of inheritance received by each relative is determined by this document.

However, according to the law, regardless of its content, a circle of persons is defined, to which the share of property is relied in any case. Thus, parents can not deprive their minor / disabled child (adopted, among others) of their inheritance. The disabled spouse and parents (adoptive parents) of the deceased belong to this category. And the last category of citizens in this list is the dependents of the heir.

The size of their share is reduced in comparison with the case when they accept it by law, and is 2/3 of it.

How to enter into the inheritance in the absence of a will

In this case, the property is divided between those relatives who applied to the notary within the prescribed period. The size of the share depends on their number and whether the property belonged to the deceased or he had the right to dispose of his share.

So, if one of the spouses died, and the apartment in which he lived, was framed on them in half, only a part of the deceased is inherited. That is why, in practice, there are often situations when relatives have 1/8, or even less, property.

Sequence of inheritance

The order of transfer of rights to property is determined by law. There is a notion of sequencing inheritance. So, parents, children and spouse have a priority right. In their absence, it is transferred to the second stage of relatives: siblings, grandparents. If there are no such persons, the aunts and uncles may enter the property rights. And so on. In total, seven successive heirs are allocated.

With a notary all issues are resolved. Do you need something else?

After receiving a certificate from a notary, it is often necessary to take registration actions. So, for real estate documents are issued that confirm the ownership. When an apartment is inherited, then on it, if its share, then the certificate will indicate its size. If there are no disputes with other heirs about the disposal of common property, then the inheritance case can be considered completed.

Knowing how to inherit, it is much easier not to be deceived and defend your rights.