From the moment of the death of a citizen, an inheritance relationship arises. First of all, all property should be transferred to the children, spouse and parents of the testator. Legal applicants can enter into inheritance after the death of their father only after the opening of the inheritance case, regardless of the time of its actual adoption.
Instructions
Step 1
The opening of the inheritance is carried out at the place of permanent or predominant residence of the deceased citizen. The fact of such residence is confirmed by documents submitted to the notary, issued by the registration authorities. If the place of residence or place of registration of the testator is unknown, the inheritance is opened at the location of the inherited property.
Step 2
Unlike persons who, according to the law, in any case have the right to a compulsory share in the inheritance, citizens recognized by the court as unworthy heirs will not be able to accept the inheritance after the death of a parent.
Step 3
In order to start the inheritance procedure, you need to get your hands on a death certificate of a citizen. The document is issued by a civil registry office or a territorial body of local self-government, if there is no registry office.
Step 4
Further, a citizen who has the right to acquire an inheritance must properly draw up an application for acceptance of an inheritance or an application for the issuance of a certificate of the right to inheritance. Any of these applications is submitted to a notary or an official authorized to issue a certificate of the right to inheritance at the place of opening of the inheritance. The application can be submitted in person, through another person (for example, a messenger) or sent by mail.
Step 5
If in the submitted application the signature of the person wishing to enter the inheritance is not notarized, it is considered that the deadline for accepting the inheritance has not been missed, but the inheritance has been accepted. However, a certificate of the right to inheritance is not issued for such a statement.
Step 6
The heir can exercise his right of inheritance without contacting a notary or other authorized official. In this case, he must actually accept the inheritance. Such acceptance is expressed, for example, if the heir has made at his own expense the cost of maintaining the estate or paid at his own expense the debts of the deceased. But later in court it will be necessary to prove that from the actions he committed, his will to become the legal successor of the testator was evident.
