The loss of the right to inheritance is most often associated with the omission of the statutory deadline for accepting the inheritance. Therefore, in order to restore the lost right, it is necessary to restore the missed term.
Necessary
documents confirming the status of the heir - birth or marriage certificate, will
Instructions
Step 1
It makes no sense to consider the situation when the heir, by the will of the testator, is deprived of the right to inherit or is not mentioned in the will and does not have the right to a compulsory share in the inheritance, since in this case nothing can be done. Consider a situation when, by law or by will, he has the right to inheritance, but did not dispose of his right in time. In this case, it is necessary to start with a visit to a notary and a statement, expressing to him your desire to enter into an inheritance. Of course, the notary is not authorized by law to restore the missed deadline. Most likely, he will issue a ruling on the refusal to issue a certificate of the right to inheritance, in which the reason for the refusal will be the missed deadline.
Step 2
With this determination, as well as with an application for the restoration of the term for accepting the inheritance, it will be necessary to go to court. According to the Civil Code of the Russian Federation, it is the court that can restore the missed deadline. The applicant's task in this case is to prove the validity of the reasons that served to the fact that he did not apply to the notary in time to accept the inheritance. It should be said right away that ignorance of the law will not be a valid reason. Reasonable reasons may be such reasons as ignorance of the heir about the death of the testator (for example, if he lives in another city or country and does not maintain ties with relatives) or any illness that prevented him from coming to the notary public in due time. The validity of the reasons will be assessed by the court on a case-by-case basis.
Step 3
You can also apply to the court to establish the fact of acceptance of the inheritance. Establishment of facts is a category of cases considered by the court in a special procedure. This method of restoring the inheritance is suitable if the heir has accepted the inheritance in his possession, use and disposal, but has not completed the required documents. An example of such a situation: the testator and the heir lived in the same apartment belonging to the testator. The testator dies, and the heir continues to live in this apartment, pay utility bills, and makes repairs in it. He actually accepted the inheritance and is already using it, but did not apply to the notary for a certificate.
Step 4
There is one more way to restore the right. It is suitable when there are several heirs, one of whom missed the deadline. Then you can, bypassing the court, agree with the rest of the heirs so that they recognize him as the heir who accepted the inheritance. Then they will write all the relevant statements at the notary and the heir who missed the deadline will also be issued a certificate of the right to inheritance.
