How to make an inheritance

The current legislation provides for 2 ways of transferring the rights to inheritance: by will and, in the absence of the latter, by law. The will has priority. Inheritance by law is performed in turn.

There are 8 queues in total. First of all, the children of the testator, parents and spouse have the right to inherit after death. In case of their absence, it passes to the heirs of the second stage (these are brothers and sisters, grandparents), then the third (uncles, aunts) and so on. An obligatory share in the inheritance belongs to the disabled family members of the testator (children, parents, spouse, etc.) and disabled dependents. In the case of a will, they receive at least ½ a share, which they would receive in case of inheritance by law.

How to make an inheritance

For its adoption, you must first contact a notary who will testify to your application. It must be filed within six months after the opening of the inheritance. In some situations, when there is a valid reason, the time limit can be restored. The final document confirming the transfer of rights is a certificate issued by a notary. Acceptance of inheritance, if necessary, can be done through a representative.

How to register an inheritance through a representative? The power of attorney for representation of interests is notarized. When carrying out actions on behalf of the heir, he must, in addition to the power of attorney, also provide an identity document. A legal representative does not need a power of attorney.

How to formalize the inheritance (take it) in fact? The heir must by his actions testify to the acceptance of the inheritance. Such actions include:

• Taking measures to protect and protect against encroachment of property;
• Maintenance of expenses for maintenance of property;
• Payment of debts of the testator, as well as receipt of funds due to the testator from third parties;
• Property management, etc.

The order of registration of the inheritance provides for the need to pay the state duty. Its size is determined depending on the degree of kinship with the testator, as well as on the value of the acquired property. In connection with this, a notary must submit a document containing such information. The cost is determined on the day of opening the inheritance. Parents and children, spouses, sisters and brothers must pay a state duty of 0.3% of the total value of the property. However, the duty should not exceed 100,000 rubles. For other heirs - 0,6% and the maximum amount of state duty - 1,000,000 rubles.

The state duty is not paid for the house, apartment, other dwelling space, if the heirs lived together with the testator at the time of death and continue to live there and then. Heirs, suffering from mental disorders, in relation to whom guardianship is established, are also exempt from payment.

If you do not know how to formalize an inheritance, in connection with the emergence of various disputes with other heirs, it is best to seek the help of a lawyer for hereditary disputes. He will be able to give suitable advice, help to draw up the necessary documents, if necessary, will represent interests in court.