The property acquired during the period of legal marriage belongs to the spouses in equal shares, regardless of which of them the title of ownership is issued to. An exception to this rule is a formalized marriage contract. If one spouse has survived the other, his part of the property is not included in the estate. The rest is divided between the heirs by law or transferred to the persons specified in the will.
Necessary
- - application to the notary about the acceptance of the inheritance;
- - a complete list of the inherited mass (list);
- - documents of title to property;
- - Marriage certificate;
- - marriage contract (if any);
- - certificate of residence;
- - death certificate;
- - the passport;
- - a receipt for payment of the state duty.
Instructions
Step 1
The estate after the death of one of the spouses includes 1/2 of the total jointly acquired property, as well as property acquired before the registration of marriage, donated or transferred free of charge during the period of legal marriage. If a marriage contract was concluded between the spouses indicating the property that belongs to each spouse, only that which belonged to the testator will be included in the estate.
Step 2
In addition to his legal marital share, the second spouse has the right to claim the share of the deceased spouse and share the inheritance on an equal basis with the rest of the heirs who enter into rights by law.
Step 3
If the deceased spouse left a will, his share of the property is divided between the heirs indicated in the last will, or rightfully transferred to one heir indicated in the will. You can bequeath your share of the property to anyone, but at the same time, the freedom of the last expression of will is limited only by the presence of incapacitated, disabled or minors who were dependent on the testator for at least 12 months before the day of his death.
Step 4
This means, if all the property of the second spouse bequeathed to third parties, but the surviving spouse was incapacitated and at the time of the death of the testator was dependent on him, he has the right to receive not only his marital share equal to 1/2, unless otherwise specified in the marriage contract, but also to claim a part of the bequest property, and this part will be equal to the share as if the spouse participated in the division of the second marital share according to the law.
Step 5
The notary does not participate in disputes arising between the heirs. Therefore, if you cannot divide the estate into shares on your own and have mutual claims or plan to dispute parts of the inherited property, apply to the arbitration court with a statement of claim. A notary will issue a certificate of inheritance in case of its controversial division only on the basis of a court order.
