All those legal relations that in Russia have a connection with inheritance are regulated by civil law, and specifically by the third part of the Civil Code. The code not only clarifies what is considered an inheritance, but also outlines the procedure for receiving it.
Necessary
- - death certificate,
- - a document proving the identity of the heir (passport of the Russian Federation),
- - title deeds for property,
- - a certificate from the last place of registration of the deceased.
Instructions
Step 1
There are 2 ways of entering into inheritance on the territory of Russia: by law and by will. Legislative priority is given to the second option. This means that if a will exists, then the inheritance procedure is carried out in accordance with this document. In order to start the process of obtaining an inheritance, first of all, you need to get to a notary, he will need to fill out an application.
Step 2
It should be emphasized that the heir does not have the opportunity to legally enter the inheritance in the Russian Federation in part. That is, if the heir enters into an inheritance, then everything that is due to him is inherited in full. It should be noted here that all debt obligations are inherited simultaneously with the property. They are divided equally among all those involved in the inheritance process. The right to inherit cannot be legally sold or gifted.
Step 3
The legislation regulates the period during which a citizen has the right to declare his rights to inheritance, it is considered from the date of the death of the testator and is six months. If the application was not submitted to the notary within the specified period, there is another option for the applicant for the inheritance - this is going to court. But the court recognizes the right to inherit more often when there were compelling reasons for missing the 6-month deadline.
Step 4
In order for a notary to have the right to open an inheritance case, he must be provided with documents: a death certificate, a document proving the identity of the heir (passport of the Russian Federation), title documents for property, a certificate from the last place of registration of the deceased.
Step 5
There is also such an element of law in inheritance as a compulsory share. That is, the law defines the circle of citizens who have the right to participate in the inheritance process, regardless of whether they are included in the will or not. These are disabled spouses, dependents, parents, minor children. They should receive a share of the inheritance in any case.
