Claiming an inheritance? Do you need proof that you are a relative of the testator? Or do you want to establish posthumous paternity / maternity and obtain a valid birth document? Then these tips are for you.
As a rule, a person is not alone. He is surrounded by relatives and close people. And during life, when communicating with relatives, there is no need to prove the existence of family relations. They are so obvious to all family members, and to the people around them in the fact that each other is recognized as relatives. A person undoubtedly enjoys all the rights that his blood relationship with this or that family member grants him.
But death is sudden, and in order to prove that a person has the right to use this or that benefit, it becomes necessary to document the presence of blood family ties between you and the deceased person.
Cases of the need to confirm the relationship with the deceased
The most common event that requires documentary confirmation of blood relationship with the deceased is the opening of an inheritance and the calling of possible heirs in order of priority to enter the inheritance.
When determining those persons who have the right to claim the opened inheritance, the notary, in accordance with the Fundamentals of the legislation of the Russian Federation on notaries, checks all the documents, and if they are insufficient, requests the necessary ones in order to confirm the fact of kinship and the existence of the right to claim the inheritance. Everything is done in order to respect the rights of legal heirs.
The next most popular legal fact of confirmation of consanguinity with a deceased person is the fact of applying to the bodies of the pension fund for the appointment of an insurance pension in the event of the loss of a breadwinner.
The legislation of the Russian Federation provides for other cases when documentary confirmation of consanguinity with the deceased is required
Methods or procedure for confirming (proving) consanguinity with a deceased person
Method 1 - Pre-trial order
It boils down to the fact that there is a need to obtain repeated certificates and other documents confirming the existence of blood kinship relations between the applicant and the deceased citizen.
A citizen applies with a written application to the relevant authorities for the issuance of a repeated document (its duplicate). As a rule, we are talking about the restoration of family ties on the basis of the birth certificates of the deceased person, the citizen himself, and other certificates confirming the acts of registration of the civil status of the deceased and applying citizen.
This application is accompanied by copies of documents confirming the identity of the applied citizen, as well as a receipt of the paid state fee for the issuance of a repeated document.
But there are often cases when it is impossible to restore and document an existing relationship. There may be no records of acts of civil status, including lost archives, or it is impossible to establish the authority that carried out such registration.
Therefore, there is Method 2 - Judicial order
Determination of the jurisdiction of this issue to a particular court depends on the purpose for which it is necessary to confirm consanguinity with the deceased. For example, if we are talking about the inheritance of immovable property, then an application must be submitted to a court of general jurisdiction at the location of such property.
What needs to be prepared for a citizen to go to court to prove consanguinity with the deceased
1. It is necessary to decide whether you will independently deal with this issue or involve a competent specialist as your representative. Or just enlist the help of an assistant at the stage of collecting and filing documents in court.
2. Collect evidence that it is not possible to confirm consanguinity in the pre-trial procedure. That is, to receive responses from the relevant authorities with a refusal and an indication of the reason for the refusal to provide information.
3. Collect and prepare other evidence of consanguinity between the deceased and the applicant, including testimony, photographs, video filming, and others.
The more various, both direct and circumstantial, evidence are presented, the greater the chances of a successful outcome of the case, namely, obtaining a court decision on the establishment of family relations.
4. Write a statement to the court (basically, an application is submitted to establish a fact of legal significance; cases of filing a statement of claim are extremely rare) and attach all the collected evidence, which are listed above.
5. Pay the state fee, at the moment it is 300 rubles, attach the receipt to the completed application. Also, do not forget to attach copies of your identity document.
6. Submit the collected package of documents to the court, take an active part in court sessions and count on a positive court decision!
