The general deadline for entering into inheritance rights is six months. After the expiry of the specified period, the heir can receive a certificate of the right to inheritance. There are two ways to accept an inheritance: either by actually accepting it or by submitting an application for acceptance of the inheritance.
It is necessary to prove the fact of acceptance of the inheritance in cases where it is necessary to obtain a certificate of the rights of the heir. Such a certificate is drawn up by a notary or other authorized person after six months have passed since the opening of the inheritance, and not necessarily, but only at the request of the heir, for example, when it is necessary to obtain a certificate of ownership of an apartment, vehicle, etc., received by inheritance.
To prove the acceptance of the inheritance means to establish that it was accepted without missing the deadline by taking actions to actually accept it. To do this, first of all, you should prepare such evidence as: an extract from the house book of housing and communal services or a management company, receipts for payment of taxes, utility bills in relation to the inheritance, receipts for payment of the testator's credit obligations, contracts for the repair of the inherited premises, etc.
All these documents must be attached to the application for the issuance of a certificate of the right to inheritance. If the documents available are not enough, and the notary has issued a certificate of refusal to issue a certificate of the right to inheritance, indicating the reasons for the refusal, you must apply to the court at the place of opening of the inheritance with an application for establishing the fact of acceptance of the inheritance. The court has the right to reclaim all missing and lost documents from any authorities and enterprises.
The application to the court must indicate the actions that were taken to accept the inheritance, the purpose for which you need to obtain a certificate, as well as justifications why the documents cannot be obtained or restored.
The application shall also be accompanied by a copy of the testator's death certificate, the applicant's birth certificate, documents on the composition of the inheritance, documents on the place of opening of the inheritance, a notary's certificate of refusal to issue a certificate.
After the court makes a positive decision and its entry into legal force, the notary will issue a certificate of the right to inheritance.
