In the event of the death of a person, his property is transferred to persons who, according to the will or by law, are considered heirs. The law clearly defines the circle of such persons. If there are none, then the property of the deceased goes to the state.
Instructions
Step 1
Probate inheritance, by definition, assumes that the testator establishes the heirs. If the will has not been drawn up, relatives are considered heirs by law, who can enter into an inheritance without a will.
Step 2
Children (including those who are adopted or who were born after the death of the person who left the inheritance) are among the heirs that can primarily claim the inheritance. Also such heirs include the spouse or spouse of the deceased and his parents or adoptive parents. All these persons have the right to equal shares of the property of the deceased.
Step 3
Among the heirs, claiming the inheritance in the second place, are sisters, siblings, as well as grandparents. They also have equal rights to inherit, but they can only accept the inheritance in the case when no heir of the first order is found or if they have refused the inheritance.
Step 4
To enter into an inheritance without a will, the heir must, no later than six months after the establishment of the fact of the death of the person who left the inheritance, submit an application about the desire to accept the inheritance at the notary's office. In the absence of such a document, he is considered to have renounced the inheritance, and his share of the inheritance is distributed among the remaining heirs.
Step 5
However, the deadline for filing such an application may be extended by the court if the reason for which the application was not submitted on time is recognized by the court as valid.
Step 6
The heir may not accept his share of the inheritance. A waiver can be made in favor of other successors or in favor of the state. Cancellation of such a refusal is not provided for by law.
Step 7
Controversial issues regarding the division of the property of a deceased person are resolved by the judicial authorities, which make a decision on the basis of existing articles of the law.
