The Civil Code of the RSFSR did not provide for the possibility of extending the term of inheritance. The Civil Code of the Russian Federation radically changed this provision. The inheritance can be accepted later than the term, even if all shares are divided between the heirs. To do this, you should apply to the arbitration court with a statement of claim and a package of documents confirming the validity of the reason for the missed deadlines.
Necessary
- - application to the court;
- - a package of documents confirming the validity of the reasons for the missed deadlines for accepting the inheritance.
Instructions
Step 1
You can restore the missed deadlines for accepting the inheritance only in court, if the court considers the reason for the omission to be sufficiently valid.
Step 2
Submit a statement of claim, attach documentary evidence of the validity of the reason for the missed deadlines. The Civil Code considers the reason for the missed deadlines for accepting the inheritance as a refusal, therefore, you must submit to the court a sufficiently compelling reason why you did not apply for accepting the inheritance within 6 months from the date of the death of the testator.
Step 3
The court may consider the following as a fairly good reason for missing the deadline for accepting the inheritance: - a long absence from the territory of the Russian Federation due to living in another country; - a serious illness that forced you to be confined to a hospital bed for a long time; - imprisonment; - lack of information about the death of the testator, if other heirs who submitted an application for accepting the inheritance did not warn you about such a possibility; - a business trip outside the Russian Federation for a long time; - other reasons that the court deems sufficient to extend the terms for accepting the inheritance.
Step 4
For court consideration, present a certificate from the hospital about the illness or from law enforcement agencies, which will confirm that you were in places of detention, as well as documents confirming your absence from the territory of the Russian Federation.
Step 5
On the basis of a court order, the terms for accepting the inheritance will be extended. If the estate is not divided between other heirs, contact the notary office at the last place of residence of the testator, submit an application for accepting the inheritance, a court order on the restored terms, a package of documents for accepting the inheritance.
Step 6
If the estate has already been divided among all the heirs, your share will be paid to you by compulsion, or all shares of the inherited mass will be revised and divided taking into account the newly discovered circumstances.
