It happens that after the death of the testator, relatives cannot find a will certified by a notary. However, even when the testator is in good health, circumstances may arise that require the restoration of the previous will.
Instructions
Step 1
If you are sure that the will was drawn up in your name, contact the notary who certified it with the death certificate and documents confirming the relationship, since he has a second copy of the deceased's order. It happens that the notary, whose will was certified, changed the address or handed over his archive to a colleague. In this case, contact the Notary Chamber of your city or region with a request, attaching the same documents (or their copies). You can find the address and telephone number of the Notary Chamber by going to the page https://www.notary.ru/notary/bd.php. The address and telephone number of the notary you are interested in - on the page
Step 2
Please note: you must have time to complete all the documents before the expiration of the six-month period from the date of the death of the testator. Otherwise, the property will go to the heirs by law or by the state. However, if you can documentarily prove that you were not able to apply in the inheritance case earlier, send an application to the court to restore the missed deadline.
Step 3
If you do not have a death certificate on hand, contact the registry office to get a copy. You will need documents proving the relationship between you and the testator. If there are no such documents, ask for a written waiver. Ask the notary who keeps the second copy of the will for a similar refusal.
Step 4
Apply to the court with a statement of claim for the restoration of inheritance by will, attaching certified copies of the refusals received at the registry office and from the notary. The defendant in this case will be either private individuals (relatives of the deceased who are not interested in your inheritance), or the state (if there are no heirs by law).
Step 5
If the testator wants to restore a previously executed will, then he must submit strong evidence to the court that the last order was drawn up by him in an insane state or under the influence of threat, deception or violence (which he did not inform the notary about when drawing up the document). This can be medical certificates, testimonies of witnesses or relatives who do not want the property to be in the wrong hands.
