How To Enter Into An Inheritance If The Deadline Is Missed?

How To Enter Into An Inheritance If The Deadline Is Missed?
How To Enter Into An Inheritance If The Deadline Is Missed?

Video: How To Enter Into An Inheritance If The Deadline Is Missed?

Video: Срок принятия наследства. / The deadline for accepting the inheritance. 2022, November
Anonim

The term for accepting the inheritance, missed by the heir, can be restored through the court or out of court. In addition, the heir can be recognized as having accepted the inheritance, even if all the terms provided by law have expired.

How to enter into an inheritance if the deadline is missed?
How to enter into an inheritance if the deadline is missed?

The court may, upon the application of the belated heir, restore the term for accepting the inheritance or recognize by its decision of the heir as having entered into inheritance rights. But in such a lawsuit, the heir needs to prove that he missed the deadline for a good reason: a business trip, illness, etc. At the same time, the heir can apply to the court with an application for the restoration of the term within six months from the moment when the reasons for missing the term have disappeared.

When the court satisfies such an application, in its decision it determines the shares of all heirs in the estate. If there is a court decision, it is not necessary to apply to a notary for the issuance of a certificate of the right to inheritance, because the decision is the basis for amending the records on state registration of rights to real estate.

All certificates of the right to inheritance previously issued by a notary shall be invalidated by the court. If the notary did not manage to issue the certificates, then their registration is suspended until the decision comes into force.

The out-of-court procedure for accepting an inheritance by an heir who missed the deadline presupposes the written consent of the remaining heirs. Such consent requires notarization at the place of opening of the inheritance and can be drawn up as a single document or as separate statements of each heir who has accepted the inheritance.

In an extrajudicial procedure, the heir who missed the deadline may enter the inheritance at any time. However, such inheritance is not possible if one of the heirs who have formalized the inheritance rights does not agree to the acceptance of the inheritance by the person who has missed the deadline.

Since the entry into the inheritance rights of the heir who missed the deadline may lead to a change in the size of the shares of other heirs, the notary annuls the inheritance certificates issued earlier by issuing an appropriate resolution.

On the basis of such a resolution, as well as a new certificate, changes are made to the record on state registration of the right.

By agreement between the heirs, the newly inherited person can be allocated his share in the inherited property in kind, or monetary compensation can be paid.

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