After opening, the inheritance must be accepted within the period established by law. Various situations and circumstances may lead to the fact that within six months the heir did not apply for the acceptance of the inheritance and then the term is considered missed. However, the missed deadline can be restored using an extrajudicial or judicial method, depending on the circumstances.
Instructions
Step 1
To restore the right to accept the inheritance out of court, the late heir must contact the heirs who promptly accepted the inheritance. If the successful heirs are ready to include the latecomer in the list of persons accepting the inheritance, then they must express this with a written consent.
Step 2
The consent is drawn up and certified by a notary at the place of opening of the inheritance. If a citizen cannot personally be present at the notary at the place of opening the inheritance, then he must notarize his consent in the manner prescribed by the Civil Code, with subsequent transfer to the notary who opened the inheritance. The executed document can be transferred through any individual or sent by mail.
Step 3
The signed consent of the heirs is the basis for the restoration of the term for accepting the inheritance and for the cancellation by the notary of the previously issued certificate of the right to inheritance with the issuance of a new certificate. If such a certificate has not been previously issued, then at the request of the heirs who have accepted the inheritance, including the heir whose rights have been restored, the notary must issue a certificate of inheritance.
Step 4
If a citizen who has lost time is the only heir, or if there is a latecomer from among the heirs, and also if the successful heirs refused to consent to the inclusion of the latecomer in the list of heirs, then the restoration of the missed inheritance period is carried out only in court.
Step 5
Submit a statement of claim demanding the restoration of the missed deadline for accepting the inheritance and recognizing the heir as accepting the inheritance. Defending your rights in court, you need to prove that the reason for the pass is valid, for example, illness, pregnancy and childbirth (certificate from a medical institution), a long business trip, or the heir did not know and should not have known about the opening of the inheritance. The law does not provide for a complete list of valid reasons. This issue is resolved in the course of the trial individually, taking into account all the circumstances of the case.
Step 6
If valid circumstances are properly confirmed or ignorance of the opened inheritance is proved, the court will satisfy the requirements for the restoration of the term for accepting the inheritance and recognizing the heir as having accepted the inheritance. Evidence confirming the validity of the pass should not be unfounded statements, but specific documents or testimony.
