According to the law, the heir is obliged to assume his rights no later than six months after the death of the testator. Sometimes even one missed day becomes an obstacle for the notary to draw up the necessary papers. But it happens that the future owner of the property claims it in a few months and even years after the due date. To restore his rights, he will have to go to court.
Necessary
- - the passport;
- - a document confirming relationship with the deceased;
- - will;
- - documents confirming the reason for missing the acceptance of the inheritance.
Instructions
Step 1
Before drawing up a statement of claim, think over how you will justify the omission of the period appointed for the entry into inheritance rights. Perhaps you had good reasons for this. For example, you might be in hospital or bed rest at home, on a long business trip, or in prison.
Step 2
Collect documents explaining the reasons for missing the opening of the inheritance case. Certificate of release, travel certificate, checks and extracts from the hotel, air tickets, hospital certificate - all these papers will help you win a lawsuit. Take copies of the documents and attach them to the claim.
Step 3
Keep in mind that the lack of notification of the death of the testator, lack of money to travel to the city where it is required to open an inheritance, bad relations with other applicants are not considered valid reasons. If you are in doubt whether the court will accept your explanation, enlist the support of a lawyer.
Step 4
Make sure the amount of the alleged inheritance is worth fighting for. Please note that you cannot deprive the mandatory share of disabled spouses, minor children and elderly parents of the deceased. Check to see if the inheritance is burdened with debt. Sometimes, after analyzing the property, future heirs refuse to enter into rights and, moreover, to defend them in court.
Step 5
If you do decide to file a claim, please clarify its motivation. You can demand to restore the missed deadline and indicate the reason for this omission. However, if after the death of the testator you use his things, live in his privatized apartment or have a power of attorney for a car, it makes sense to change the wording in the claim. Demand to recognize the legality of your rights to the inheritance, into which you actually entered. Usually, the court satisfies such requirements, especially if there are no other applicants. Attach copies of documents to the claim - pay slips, powers of attorney, certificates.
Step 6
Having drawn up a statement of claim, submit it to the reception office of the district court in person or send them by mail. Attach copies of documents confirming your rights to the claim. If you plan to enlist the support of a lawyer, issue a notarized power of attorney in his name to represent your interests in court.
Step 7
In about a month or a month and a half, you will receive a summons indicating the time frame for the hearing in your case. Going to the process, grab the documents that you attached to the claim. If you have new important papers that could affect the court's decision, inform your lawyer about it. They can be attached to the case, but it is possible that with the receipt of new facts, the judge will postpone the hearing.
Step 8
If the judge decides in your favor, get an extract from the court decision from the office. With it and your own passport, contact the notary office where the will was made or at the place of residence. The notary will open an inheritance case and draw up papers certifying your rights to the property of the deceased.
