Inheritance can be obtained by law or by will. If there is no will, then the property goes into common shared ownership and is divided between the heirs. According to a will, such a situation arises when property is bequeathed to several persons without indicating to whom what is intended. In this case, everything is divided equally. The heirs can refuse the inheritance in favor of another heir or refuse completely. Then the share of this heir is divided among the other heirs. It is the legal right of the heir to allocate his share, even if others are not interested in it.
Instructions
Step 1
Property can be divided only after receiving a certificate of inheritance rights. To do this, all heirs who wish to receive an inheritance must contact a notary office in the area where the property is located. This must be done within 6 months after the death of the testator. If the inheritance is in different parts, then the place where the inheritance case is opened is the area where the most valuable part of the inheritance is located. Everything else will be divided based on market value.
Step 2
When the inheritance is in common ownership between the heirs, the question arises of how to divide it. You can enter into a voluntary agreement between the heirs. According to article 1166 of the Civil Code of the Russian Federation, if there is a conceived but not yet born heir, then the inheritance can be divided only after his birth. If there are heirs of minors, incapacitated or partially incapacitated, the guardianship and guardianship authorities must be present during the division of the inheritance. Also, some heirs have a pre-emptive right to inherit.
Step 3
If the heirs failed to agree on a voluntary basis, then inheritance occurs through a court decision. In the presence of minors, incapacitated and partially capable citizens, always through the court.
Step 4
The heirs who lived with the testator and were, along with him, the owners of this property, enjoy the preferential right. The preemptive right can only be exercised within three years from the date of the opening of the inheritance case. Upon the expiration of this period, all pre-emptive rights are lost. If there are several heirs enjoying the preemptive right, then those who do not get the property are paid appropriate monetary compensation.
Step 5
If real estate is divided, then all heirs, after receiving a certificate of inheritance, must receive a certificate of ownership. To do this, you need to register your rights at the state registration center.
Step 6
All controversial issues regarding the division of the inheritance are resolved in court.
