Inheritance is not an easy process. If you are the heir of the first priority or a will has been drawn up in your name, and other persons do not claim the property of the deceased, the procedure may be limited to opening a case with a notary and drawing up the relevant documents. However, if the terms of entry into inheritance rights are violated or claims of other persons have been identified, the issue can only be resolved by the court.
Necessary
- - the passport;
- - death certificate;
- - a document confirming relationship with the deceased;
- - will.
Instructions
Step 1
Clarify your rights to the opened inheritance. If a will has been drawn up on you, make sure that the deceased does not have first-class heirs who cannot be deprived of their rights to the property. These include a spouse, children and parents who have reached retirement age, minors or are disabled. They are entitled to half of what they would have received in the normal order of inheritance.
Step 2
Contact the notary who made your will with your passport and death certificate. Make an application for opening an inheritance. This must be done no later than 6 months after death. If there are no other heirs, after this period you will receive a certificate of entry into inheritance rights.
Step 3
If the entry deadline is missed, go to court. Make a statement of claim, in which you indicate the reasons that prevented you from completing the documents on time. A good reason can be a serious illness with a hospital stay, imprisonment and other circumstances. If you have a document certifying the reason for the pass, attach a copy to the claim.
Step 4
The restoration of the missed deadlines for accepting the inheritance is formalized relatively quickly if your rights to the property are indisputable and there are no other heirs. In difficult cases, when there are many applicants for the inheritance, it is better to enlist the support of an experienced lawyer. He will help you draw up the application correctly and will represent you in the process.
Step 5
If the court decides in your favor, you can enter into inheritance rights. The rights of those who previously owned your property will be canceled. However, if this property has been sold to bona fide buyers, it is almost impossible to return it. But you have the right to file a claim for damages if there is evidence of intent - for example, the person who received the inheritance knew about your rights and deliberately disposed of the inheritance quickly.
Step 6
When going to court, prepare for lengthy proceedings. Inheritance cases have many nuances. To be on the safe side, apply in writing to seize the disputed property pending a court decision.
