In the event that the heir died after the opening of the inheritance, without having time to accept it, everything that was due to him in the inherited property goes to his heirs. However, this rule does not apply to the compulsory share in the inheritance, the rights to which do not pass to the heirs of the deceased heir.
Persons who enter into inheritance rights instead of the main deceased heir are considered heirs by right of representation. This is a term enshrined in the Civil Code of the Russian Federation. Heirs by right of representation can only claim what is due to the deceased heir, in whose place they enter into the inheritance.
Thus, the meaning of inheritance by the right of representation is that instead of the heir who died after the opening of the inheritance and did not accept it, his heirs are involved in inheritance - hereditary successors.
Inheritance by right of presentation is possible both with a will and in the case of inheritance by law. That is, if all of his property was bequeathed to the deceased heir, then instead of him the persons indicated in the will enter into inheritance rights. If the deceased heir did not have a will, or he bequeathed only part of his property, then by the right of representation, his heirs will inherit by law.
An important condition for inheritance by right of representation is that the deceased heir did not accept the property, either in fact or by filing an application for acceptance of the inheritance, because if the heir had time to accept the inheritance before his death, such property will already be included in his inheritance mass and his heirs will inherit it in general order.
The heir, by the right of representation, may refuse the inheritance in favor of third parties or simply declare the rejection of the inheritance; at the same time inherit what the first heir did not manage to accept in connection with death and the inheritance that was opened after the death of the heir - the second testator.
The application for the entry into the inheritance rights of the property owed to the heir before his death is submitted to the notary at the place of opening the inheritance of the first testator, and on the acceptance of the inheritance opened after the death of the heir himself - to the notary at the place of opening the inheritance of the deceased heir.
In the case of inheritance, two independent inheritance cases are started simultaneously in the order of the right of representation and on a general basis. The term for accepting the inheritance after the deceased heir is three months and is calculated from the day of his death. If the remaining part of the period for accepting the estate of the first testator is less than three months, it shall be extended to three months. If this period is missed, you should apply to the court for the recognition of the heir as having accepted the inheritance.
In the event of the death of the second heir, who had the right to represent the inheritance, further inheritance rights to the heirs of the latter do not pass even if there is a will.
If the heir, who had the opportunity to inherit the property by the right of representation, did not enter the inheritance within the specified period, the inheritance rights of his share in the inheritance shall pass to the rest of the main heirs.
