Registration of the inheritance after death at the notary: terms, documents, heirs

In Russia, the registration of an inheritance after death by a notary is governed by the Civil Code (Civil Code) or carried out in accordance with the established procedure. However, everything is not as simple as it might seem at first glance. Inheritance of property is a rather scrupulous process. In its course, a lot of controversial situations arise. However, to avoid all this allows for preliminary familiarization with the procedure for notarially registered inheritance.

Applying for inheritance

In most cases, an inheritance is registered after death of a notary at the place of residence. So, the testator fills in and sends the application of the established sample to the bodies that serve this site.

Possible and such situations where the estate of the testator is registered at the same address, and he lived differently. Then to provide an application for inheritance is necessary at the location of the property. If there are several such objects, then at the address of the most expensive of them.

The rule of inheritance of property by the location of more valuable elements is always effective when the bequests are located at different addresses.

The order of entering into the inheritance without a will, the order of relatives

The property of the deceased can be divided both by testament and without it.

In the first variant, the process is quite simple - the heirs enter into their legal rights after a certain period of time on the basis of a testament made earlier.

The procedure for entering into an inheritance without a will is determined at the legislative level. If, for any reason, such a document has not been left dead, then the law comes into force, according to which in the future the property is distributed. In this case , the inheritance rights are distributed strictly in accordance with the degree of kinship.

As mentioned earlier, the priority is largely determined by the degree of blood intimacy - the emphasis is on the number of generations available between the testator and the potential recipient of the inheritance object. In the process carried out according to the official document - the will, descendants and ancestors are considered, otherwise - relatives who have common ancestors with the person who left the inheritance. Following the legislation of the Russian Federation, at least 8 queues of relatives can count on obtaining an inheritance .

The first line is the closest people for the deceased: children, mother, father and wife / husband. Also the right to inheritance has children born outside the marriage union. However, the inheritance of parents, they can receive in the event that they prove the fact of blood relationship.

Representatives of a non-registered union are not included in this category, because they are not legal husband / wife. If the children of the deceased died before him, and the testament was drawn up to this point, all the property that he has written will inherit his children, that is, the grandchildren of the deceased on the rights of the first order.

The second stage is represented by the sisters and brothers of the deceased. Again, with premature death, the inheritance passes to their offspring. It is important to note that this category includes the half-brothers / sisters, as well as the grandparents of the deceased.

The third line is cousins and nephews, uncles and aunts.

The fourth is the parents of the mother and father of the deceased.

Fifth - great-aunt and grandmother.

Sixth - aunts and uncles.

Seventh - relatives from the second marriage.

Eighth - persons who are on long-term material support on the part of the deceased are dependents.

At what point should I apply to a notary

The period of entering into the inheritance is 6 months. Accordingly, if the potential heir has missed this period, then the will objects are distributed among other heirs in the order of strict order. However, it is quite possible to correct this situation. In this case, you will need to write an application to the court with a request to restore the deadline. However, it is worthwhile to understand that, having applied to this body, it will be necessary to present the most weighty circumstances, which served as an obstacle to timely entry into the inheritance.

There is another way - an arrangement with other heirs about the voluntary transfer of a part of property from a will to a late person. Although, as practice shows, such a solution to the current situation is rare.

Registration of the inheritance from a notary after death: documents

The following documentation will be required for this procedure:

1. Identity of the successor.
2. Certificate of death of the testator.
3. Documents confirming the blood relationship with the deceased - a certificate of marriage, a birth certificate.
4. Papers confirming the fact of cohabitation (if any) are an excerpt from the home book.

It is necessary to remove the photocopies of all the documents before the notary's address. In the future they will be attached to the case, and their originals will be returned to the rightful owners.

Proper execution of the application for inheritance

Registration of the inheritance after death at the notary presupposes the preparation of a written application. With its general form and the basic nuances of filling will certainly help to understand the notary. However, this document must contain such information:

1. Requisites of the notary office, in which the process is carried out.
2. Key information about the heir (personal passport details).
3. Date of death of the testator and the address of his last domicile.
4. In the presence of information on other potential heirs - the address of their place of residence and the degree of relative affinity with the deceased.
5. The list of inherited property - real estate, transport and other objects,

At the end, the heir must submit the application date and signature.

Is it obligatory to inform about other heirs of a notary

Since the notification of the relevant authorities about the existence of other relatives claiming an inheritance is only a right, the heir may not notify the notary about such. The fact that the potential heir has concealed information about potential applicants for inheritance does not guarantee the subsequent rehabilitation of the term through judicial debate. However, if it is possible to prove that the concealment of information is of a deliberate nature, a certificate of disposal of the deceased's property may acquire a status "invalid".

Cost of registration

Quite expensive is the procedure of entering into the inheritance. Heirs completely pay for the activities of a notary.

And the amount of the amount charged for processing information is determined by the notary himself. On average, this figure ranges from 300 rubles to 3 thousand.

According to the legislation of the Russian Federation, for collection of the document confirming the right of inheritance, a fee is levied:

1. 0.3% of the full value of inherited property within 100 thousand rubles for parents, children, spouse, sisters / brothers.
2. 0.6% of the total price within 1 million rubles for other heirs.

If the trustee is involved in the registration of the process , the amount of his remuneration will be considered individually.

For the registration of property rights the heir will need to pay separately in the registering authority state duty. In the Tax Code of the Russian Federation (Tax Code), a list of privileges for registering the inheritance of a notary is provided to a certain circle of persons (Article 333.38).

Execution of inheritance through litigation: the main reasons

Specialists identify a number of key reasons that lead to the implementation of the inheritance process through litigation:

1. Disagreements in the division of inherited property.
2. The presence of persons who claim some part of the inheritance.
3. Actual accession to inheritance rights.
4. Expiration of the period during which it was possible to claim an inheritance.

The latter reason is most relevant, since it occurs much more often. Accordingly, that the claim was satisfied by the court, the heirs under the law must produce solid evidence proving the impossibility of registering the inheritance in the terms established by law. To such grounds can be attributed to being in inpatient treatment or imprisonment.

The nuances of registration of the process in the courts

Judicially, disputes can be dealt with on the disposal of the estate, as well as on its drafting (recognizing it as invalid in full or in part).

When the claim is satisfied by the court, the heirs are legally entitled to property on the same day. However, if the object of the inherited property was sold by the previous owner, that is, sold, donated, etc., the inheritance is not subject to return. The maximum that the applicant can expect in this case is compensation of damage in financial or other form.

Registration of the inheritance after death at the notary is a complicated and long procedure. Therefore, it should be approached seriously and carefully prepare all the necessary documents.