Heirs are a group of persons who own the property of the testator after his death according to the law, unless this is changed by the will of the testator in the form of a will (Chapter 87 of the Civil Code of the Russian Federation). According to article 1112 of the Civil Code of the Russian Federation, all heirs have the right to equal shares. To divide the inheritance, you must collect a number of documents, contact the notary office at the place of the last residence of the testator or at the location of the most valuable share of the property and declare your rights.
Necessary
- - application to a notary;
- - a list of documents provided by law;
- - an application to the court (if the heirs cannot agree on the division in a peaceful way).
Instructions
Step 1
If the testator did not leave a will, but according to the law he has several heirs, all legal heirs must apply to the notary. Each heir personally fills out an application form of a unified form, which confirms that the heir wishes to enter into the rights of his share and declares this.
Step 2
Submit to the notary an inventory of all property that belongs to the section, your identity documents, death certificate, documents confirming your relationship with the testator, a certificate from the testator's last place of residence. If you do not have any documents, then, according to the Law on Notaries, the notary is obliged to help you in every possible way in obtaining them.
Step 3
After 6 months, which are established by law, you will receive equal shares of the inheritance. Equality of shares will be determined based on their value. If the spouse is still alive after the testator, he will inherit half of the share of the entire property (Article 256 of the Civil Code of the Russian Federation, 34 of the Code of the Russian Federation). All other heirs will share the remaining share of the property.
Step 4
If one of the heirs refused to enter into inheritance rights, then he can simply refuse them or write in a statement on the transfer of his share to another or other heirs.
Step 5
If the heirs by law cannot agree peacefully on the division of the inheritance, then they should go to court, since a notary cannot participate in disputes between the heirs. In this case, the section is made in court.
Step 6
If the testator left a will, then all the property is divided according to the instructions in the will. If only the names of the heirs are indicated in the will, then the property is divided equally between the indicated persons.
Step 7
If after the testator the legally incapacitated, minors or handicapped family members who were dependent on him during his lifetime survived, they receive a mandatory share of the inheritance, regardless of the testator's will, expressed in the will (Article 1149 of the Civil Code of the Russian Federation).
