In the Russian Federation, inheritance is carried out in accordance with Articles 1142-1145 and 1148 of the Civil Code. The law defines 7 queues of heirs, in accordance with which the transfer of the property of the deceased and the determination of shares will be carried out.
Instructions
Step 1
The Civil Code states that inheritance primarily includes the parents, spouse and children of the deceased. In this case, the grandchildren act as heirs by the right of representation - in the order of inheritance by law in the event that the direct heir did not have time to take over the property due to death. In the second stage are brothers, sisters and their children, as well as grandparents on the part of the father or mother. The third stage includes the testator's uncles and aunts, as well as cousins and sisters. It should be noted that the heirs of the same line receive the property in equal shares.
Step 2
If there are no heirs of the first, second and third stages, the right to receive property passes to the relatives of the third, fourth or fifth degree of kinship - great-grandfathers, great-grandmothers, children of nephews, great-uncles and grandmothers, children of great-uncles, great-nephews, great-uncles and aunts.
Step 3
If the deceased leaves a will, as a rule, it is spelled out in it what share of the property is transferred to which of the heirs. If there is no corresponding mention in the will, the shares of the heirs become equal.
Step 4
There is also the concept of a compulsory and marital share - even if the heir of the first priority or spouse (spouse) is not mentioned in the will, they are entitled to their share. For example, if the testator's apartment was wholly bequeathed to the daughter, but was acquired in marriage, the spouse has the right to half of this apartment.
The heir, who is entitled to a compulsory share, receives at least half of the property that could pass to him upon inheritance in accordance with the law. If there is no allocation of a compulsory or marital share, the heir under the will receives everything that was bequeathed to him.
