You can become an heir by law or by will, according to article 1111 of the Civil Code of the Russian Federation. To enter into your share, you need to accept the inheritance and declare your rights to it in accordance with Article 1152 of the Civil Code of the Russian Federation. To accept the inheritance, it is necessary to collect a number of documents and apply to the notary at the address of the last place of residence of the testator. A notary is obliged to accept a statement of inheritance rights even if the heir does not have documents and to make a request to the appropriate authorities for the issuance of the necessary documents for entering into inheritance rights.
Necessary
- -the passport
- - statement of acceptance of inheritance
- - death certificate of the testator
- -document of relationship with the testator (if there is no will)
- -documents for real estate and other inheritance
- -certificate from the place of residence of the testator
- -depending on what exactly is inherited, additional documents may be required (for example, documents for business, stocks, bonds, land shares, etc.)
Instructions
Step 1
In accordance with Article 1154 of the Civil Code of the Russian Federation, one must declare his rights to inheritance within 6 months from the date of the death of the testator. If the deadline for accepting the inheritance is missed, it will be possible to accept it only by a court decision, if the court considers the reason for the delay in accepting the inheritance valid.
Step 2
All heirs should contact the notary at the last place of residence of the testator, write a statement of the proposed form. The notary will start the inheritance case. You cannot enter your share of the inheritance in less than 6 months.
Step 3
If the testator left a will, then in addition to the persons indicated in the testament itself, minors, incapacitated and partially capable members of the testator's family have the right to inherit. This right applies to persons who were content of the testator for at least one year before his death.
Step 4
In cases where the heirs enter the inheritance by law, all property is divided equally between them. The rights of the heirs are that the inheritance can be entered by declaring their rights or abandoning the inheritance in favor of another person or persons, or simply giving up. In the latter case, all property will be divided equally among the other heirs.
Step 5
If the heirs cannot resolve through negotiations on the division of the inheritance on a voluntary basis, all disagreements are resolved in court. In this case, the notary will issue a certificate of inheritance only by a court decision.
Step 6
After 6 months, each heir will receive a certificate of inheritance from a notary, which must be registered at the Federal Registration Center and receive a certificate of ownership for his share.
