If the testator did not leave a will, then inheritance rights can be entered into by law (Article 1111 of the Civil Code of the Russian Federation). To obtain inheritance rights, they must be claimed. To do this, contact the notary at the place of residence of the testator or at the location of the main share of the estate.
It is necessary
- - your documents;
- - documents of the testator;
- - documents for property;
- - inventory of property;
- - death certificate.
Instructions
Step 1
To claim your inheritance rights, contact a notary office. Show your passport and documents of kinship with the testator, death certificate, extract from the house register from the testator's place of residence, inventory of the estate, documents of title to the property left behind.
Step 2
If some documents are lost or you do not have them, then the notary is obliged to make inquiries to the necessary organizations and in every possible way help you in obtaining the necessary documents for accepting the inheritance.
Step 3
You can declare your rights personally, through notarized trustees, or send documents by mail with a list of attachments. The deadline for accepting the inheritance is 6 months, so you must declare your rights at the specified time. If you are not in time, then the deadlines are considered missed. To restore them, you must go to court and submit a package of compelling evidence that missing the deadline is valid. For example, if you were on a long business trip, did not know about the death of the testator, were ill or were in places of detention, then this is considered a good reason to restore the terms.
Step 4
If by this time the inheritance has already been divided among other heirs, then you have the right to claim your share in cash.
Step 5
If the testator acquired the property in a registered marriage, then the spouse has the right to receive 50% of the common property. Only the share belonging to the testator will be included in the estate.
Step 6
If by the time of registration and division of the inheritance all the heirs conceived during the life of the testator were born, then you will receive a certificate of inheritance for the share of the hereditary mass.
Step 7
If you could not voluntarily divide all the property, then you will receive a certificate of inheritance only after the division of the property in court, having in your hands a court order.
