Inheritance by right of representation

A citizen can dispose of his property during life as he pleases: property can be sold, presented, bequeathed and so on. If the testator did not dispose of his property during his lifetime and did not make a will, then all the property he acquired is inherited on general grounds, distributed among his heirs in equal parts.

When establishing an inheritance case, before issuing a certificate of the right to inheritance to the heirs of the deceased , it is necessary for the notary to establish a number of facts relevant to the future conduct of the case: the date of death of the deceased, the circle of heirs, whether inheritance by right of representation, object of inheritance, Inheritance.

What is the exact date of death for the deceased? The exact date of death is necessary in order to correctly calculate the date of acceptance of the inheritance and its termination. According to the general rules, the term starts counting from the day following the occurrence of a certain event, in our case the day after the recorded death. So, if the testator died on May 16, then the certificate can be issued after November 17.

Circle of heirs

To properly distribute the property of the deceased, it is necessary to establish the entire circle of heirs. The first to inherit are called: parents, spouse, children of the deceased. In case of their death, inheritance by right of representation is considered. At the consultation stage, the notary ascertains who is the heir, their number, including the deceased, and requests documents confirming the relationship. If on the day of applying to the notary not all the heirs were present, their place of residence will be specified in order to inform about their rights.
At the stage of clarifying the circle of heirs it is very important to determine whether there will be inheritance by right of representation.

In accordance with the Civil Code, if the heir died with or before the testator, then his share will be distributed among his heirs. For example, the deceased had two children, a daughter and a son. The daughter died two years before her father's death, and she had three children. In this case, the hereditary property is distributed as follows: the son will receive half of the inheritance, and the remaining half of the inheritance due to the daughter will be divided between her three children in equal parts, that is, each of the grandchildren will receive one-sixth of the share.

Inheritance by right of representation is clearly spelled out in the civil code, such heirs may be grandchildren, nephews, cousins and brothers of the deceased.

Actual acceptance of inheritance

If the heir at the time of death was registered with the deceased or took measures to protect and protect hereditary property, then he is recognized as having actually inherited.

To confirm cohabitation, a certificate from the house management must be presented, and to confirm the protection and management of the inheritance - documents that confirm: checks or receipts for payment of utility bills, a certificate from the village councils for processing the land or a certificate of payment of taxes.

The actual acceptance of the inheritance simplifies the submission of documents to the heir: a half-year period for the acceptance of the inheritance does not work for him, and if he does not exist in the country, it will not be necessary to return urgently. The share of such an heir will be assigned to him, and the hereditary case will remain open until he turns to the notary. However, such an adoption creates difficulties if the heir does not intend to accept the inheritance: it is compulsory for him to renounce the inheritance within the established six-month period. If you miss such a period, you will have to go to court.