According to the law, the testator has the right to leave his property to any natural or legal person. Only for this should a will be drawn up. If there is none, the property goes to the heirs of the first stage.
Inheritance by will
The period of opening the inheritance begins immediately from the day of the death of a person. Officially, the opening date is considered to be the date indicated on the death certificate. If the death of the testator was established in court, the date may be conjectural.
Within six months from the date of opening the inheritance, potential heirs must declare their rights to the inherited property. Actually, this period can be extended in court if the heirs were not aware of the death of the testator.
But sometimes, after the death of a person, a will may not remain. In this case, heirs of the first category or order, as well as disabled dependents who were in the care of the deceased, can apply for the inheritance.
Who is considered the heirs of the first stage
The heirs of the first stage are considered to be the closest relatives of the testator. This category includes children, parents and spouses. Children must be officially recognized or adopted. If the testator was deprived of parental rights or his child was officially adopted by another person, he has no right to inheritance. If the adopted child still maintains a relationship with blood relatives, he can claim inheritance.
Children who were conceived, but not yet born at the time of the death of the testator, are also heirs of the first order. In such a situation, the rest of the applicants will have to wait for the birth of another heir, and only then proceed to the division of property. To enter the inheritance, the expectant mother of the child must apply to a notary with a corresponding statement in writing.
The testator's grandchildren are also considered to be heirs of the first category, if their parents are no longer alive. If there are several grandchildren, the share of the inheritance due to their parents is divided into equal parts.
If at the time of inheritance the testator's parents were alive, they also have the right to receive their share. The mother of the deceased receives her part of the inheritance without fail. The father is entitled to a share only if he is officially recognized or is married to the mother of the testator.
The spouse or spouse of the deceased is also the heirs of the first order, if at the time of death they were legally married. Former spouses have no inheritance rights. It turns out that when entering into an inheritance, all heirs of the first category have equal rights.
