On the basis of article No. 527 of the Civil Code of the Russian Federation, one can become an heir by law or by will. The terms of an application for accepting an inheritance are limited to 6 months after the death of the testator. If this period is missed and the inheritance is divided between the heirs, then you can declare your right only through the court. To claim your rights, you need to contact a notary and collect a number of documents to obtain a certificate of inheritance.
Necessary
- - the passport;
- - application to a notary;
- - death certificate;
- - documents for property;
- - a copy of the testator's marriage certificate;
- - certificate from the place of residence of the testator;
- - documents on relationship with the testator;
- - will, if any.
Instructions
Step 1
You can apply to a notary within 6 months after the death of the testator at his last place of residence or at the location of the most valuable share of the property. If the testator left a will, then the heirs are the persons specified in this document and the property is divided between them in accordance with the shares specified in the will. If the share of each heir is not indicated in the will, but only names are entered, then the property is divided equally.
Step 2
Heirs can be minors, disabled and disabled family members, if they are not indicated in the will. Therefore, even if there is a will, then their legal representatives can also declare the rights to accept the inheritance.
Step 3
The heirs of the first stage are the children of the testator, spouse, parents, children, including those born after the death of the testator. If there are no heirs of the first stage or they do not wish to declare their right to inheritance, then the heirs of the second stage can declare their right. These include: brothers, sisters, grandfathers and grandmothers of the testator.
Step 4
The notary, to whom the heirs applied with the application for the right to accept the inheritance, is obliged to accept it, even if at the time of filing the application the documents on opening the inheritance case have not been collected. The inheritance case is opened, and in the course of it, the heirs collect the missing documents. You will need passports of all heirs, a death certificate of the testator and its copy, a certificate from the testator's place of residence, documents of kinship, a copy of the testator's marriage certificate, documents for inherited property. If there are no documents for the property, but the heirs know about it, then the notary makes a request to the relevant authorities to provide the documents.
Step 5
The certificate of inheritance is issued 6 months after the death of the testator, if all heirs have already been born by that time. If one of the heirs, who was conceived during the life of the testator, has not yet been born, then the issuance of a certificate of inheritance is postponed until the birth of all heirs.
Step 6
The property is divided equally between the heirs by law. If one of the heirs claims more of the inheritance than he is entitled to, then the division is carried out in court.
Step 7
After receiving the certificate of inheritance, each heir registers his ownership of the inherited property. Registration is carried out at the state registration center.
