It is possible to draw up an inheritance according to the law if there is no will. In this case, they are guided by the normative legal provisions of part four of the Civil Code of the Russian Federation and the legislation on notaries. These documents contain norms that determine the basis for accepting the inheritance, the procedure for registration and the sequence of heirs.
Instructions
Step 1
According to the law, there are seven lines of succession by law. First order heirs include the testator's parents, spouse, children and grandchildren. The second stage is made up of the deceased's grandparents, his sisters and brothers. The heirs of the third order are the relatives of the deceased. The heirs of the fourth stage are great-grandfathers and great-grandmothers. The fifth line includes cousins, granddaughters, grandparents. The sixth line consists of cousins and nephews, aunts and uncles, great-grandchildren and great-granddaughters. And, finally, the heirs of the seventh order are the stepfather, stepmother, stepsons and stepdaughters of the testator.
Step 2
Having found out which line you are heir, contact a notary. This is necessary to start formalizing the inheritance. You will have to pay a state fee of 0.3% of the total value of the bequest property or money. In the case of registration of an inheritance for real estate, the duty is levied on its inventory value, and not on the market value. If we are talking about the inheritance of a land plot, the state duty is levied on its cadastral value.
Step 3
In addition, you will have to pay for the services of a notary for the preparation of the necessary documents. The cost of services cannot exceed the established tariffs at the notary's office. The notary draws up a certificate of inheritance rights. As a rule, the preparation of a document on the right to movable property costs no more than 500 rubles, for real estate it does not exceed 3000.
Step 4
Registration of inheritance by law begins with the opening of an inheritance case. You will need to prepare a death certificate of the testator, a certificate from the last place of residence, documents confirming family ties with the deceased. As the latter, you can use a birth certificate, marriage certificate, documents certifying adoption or adoption, etc.
Step 5
There are times when the heirs of different queues cannot resolve the issue of accepting the inheritance peacefully. Then you need to find a notary who has already opened an inheritance case, and inform about the presence of other heirs to the property of the deceased.
Step 6
You need to prepare all documents for the inherited property, restore the lost ones. You can ask for help from lawyers who will do this for you. Only after you have collected the necessary list, the notary will be able to begin the procedure for issuing a certificate of the right to inheritance. If necessary, the notary issues a certificate on the opening of a notary deed.
Step 7
If you cannot collect the necessary documents proving the testator's ownership of the property, you will have to go to court. In this case, the heir submits a statement of claim for the inclusion of the inherited property in the estate or a statement of claim for the recognition of the heir's ownership of the inherited property.
Step 8
The court makes a decision on the acceptance or rejection of the plaintiff's claims with a note of entry into legal force, in addition, it issues a copy of the document, which must be given to a notary to be attached to a notary file. After that, the notary issues a certificate of inheritance rights.
