How To Open An Inheritance Case

Table of contents:

How To Open An Inheritance Case
How To Open An Inheritance Case

Video: How To Open An Inheritance Case

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With the death of a person, his property, in accordance with the law, becomes the property of the heirs. However, to ensure this fact, there is a certain procedure - the opening of an inheritance case. Within its framework, each heir must declare his rights no later than the specified period. All inheritance actions are performed by a notary at the place of residence of the testator.

How to open an inheritance case
How to open an inheritance case

Instructions

Step 1

From the date of the death of the testator, the six months established by law for the acceptance of the inheritance begin. During this period, collect the documents required for submission to the notary. In the registry office, take the testator's death certificate, and in the passport office an extract from the house book on the permanent registration of the deceased on the day of death.

Step 2

To confirm the status of the heir, you will need to have a will in your name or, if you inherit by law, documents proving your relationship with the testator. In this case, marriage registration certificates, birth certificates and, if necessary, other documents are usually provided. At the same time, please note that if you have a discrepancy in your surname in different documents, you need to have in your hands, in addition to the marriage registration certificate, a certificate of surname change. Make copies of all the documents you have collected.

Step 3

According to article 1115 of the Civil Code of the Russian Federation, the place of residence (registration) of the testator at the time of his death is considered the place of inheritance opening. Find out which public notary serves the site in the area. Before the expiration of the six-month period for accepting the inheritance, come to the notary for an appointment with a full package of documents.

Step 4

Write two statements at the notary - about the opening of the inheritance and the acceptance of the inheritance by you personally. Provide him with the documents you have collected and your passport. At this moment, the notary is obliged to open an inheritance case upon your first application. And after six months from the death of the testator, when all the announced heirs declare their rights, the notary will issue you a certificate of acceptance of the inheritance. This document will reflect the share due to you in the property of the deceased, in whatever form it is expressed.

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