Receiving an inheritance is a difficult legal procedure, during which it is necessary to comply with all the requirements for its implementation established by law, for example, to meet the deadline for accepting an inheritance. However, if it is missed, you can still restore your rights.
The distribution of inheritance after the death of a citizen of the Russian Federation is regulated by part 3 of the Civil Code of the Russian Federation, registered in the code of laws of our country under number 146-FZ of November 26, 2001. In particular, section V of this normative legal act, which is called "Inheritance Law", is devoted to the issues of inheritance.
Term of acceptance of inheritance
The time allotted for the relatives and other close relatives of the deceased citizen to enter into their property rights is established by Article 1154 of the specified regulatory legal act. Paragraph 1 of this article determines that the period for entering into an inheritance is 6 months from the date of its opening. In turn, in the general case, the date of death of a citizen is recognized as the day of opening an inheritance. If the citizen was declared dead by a court decision, then this date is considered to be the day of the relevant court decision.
In some cases, the specified period may be changed. So, firstly, such a situation may arise when one or more heirs are recognized as unworthy, as a result of which they are deprived of the right to inherit. If, in this case, the right to receive it arises from other persons, they have the opportunity to enter into their rights within six months from the day the original heirs were declared unworthy. If such a right arose in the relatives of the deceased due to the fact that another heir renounced his right, then they can enter into an inheritance within three months from the date of the end of the six-month period after the death of the citizen or his recognition as deceased.
Good reasons for missing the deadline
Thus, in the general case, missing the deadline for accepting the inheritance means that the relative of the deceased loses the right to receive his property. At the same time, if the reasons for which such a period was missed are valid, the heir may be reinstated in his rights.
For this, the current legislation provides for the possibility of going to court with an application for the restoration of the term for accepting the inheritance. Paragraph 1 of Article 1155 establishes that the paragraph may recognize the fact that the heir did not know or could not know about the death of the testator as a valid reason for omission. In addition, this section of the Civil Code allows the recognition of valid and other reasons at the discretion of the court. In this case, the applicant will need to submit documents confirming the effect of such reasons. In addition, he must apply to the court no later than six months after the effect of these reasons has ceased, for example, he learned about the death of a relative.
In addition, another option for entering into an inheritance after the due date is the consent of all other heirs to this, expressed in writing. Obviously, in this case, a relative who missed the deadline for accepting the property of the deceased will have to prove to his relatives, and not to the court, that the reasons for which he missed the deadline are valid.
