In the Russian Federation, inheritance after deathnotary regulated by the Civil Code (Civil Code) or carried out in the prescribed manner. However, everything is not as simple as it may seem at first glance. Inheritance of property is a rather scrupulous process. In its course there is a mass of controversial situations. However, to avoid all this allows a preliminary acquaintance with the procedure of notarized inheritance.
Applying for inheritance
В большинстве своем происходит оформление inheritance after death at the notary at the place of residence. So, the testator fills in and submits an application of the established sample to the authorities serving the site.
There are also situations where real estateThe testator is registered at one address, and he lived in another. Then submit a statement of entry into the inheritance is necessary at the location of the property. If there are several such facilities, then at the address of the most expensive of them.
The rule of inheritance of property at the location of more valuable elements is always in effect when the testamentary objects are located at different addresses.
The order of entry into the inheritance without a will, the order of relatives
The property of the deceased can be divided both under the will and without it.
In the first variant, the process is carried out quite simply - after a certain period the heirs enter into their legal rights on the basis of a will made earlier.
Inheritance order without testamentdefined at the legislative level. If, for any reason, such a document was not left dead, then the law enters into force, according to which property is distributed in the future. In this case, the rights of inheritance are distributed strictly in accordance with the degree of kinship.
As mentioned earlier, the sequence is largelydetermined by the degree of blood affinity - the emphasis is on the number of generations that exist between the testator and the potential recipient of the inheritance object. In the process carried out under an official document - a will, descendants and ancestors are considered, otherwise relatives who have common ancestors with the person who left the inheritance. Following the legislation of the Russian Federation, at least 8 lines of relatives can expect to receive an inheritance.
The first stage - the closest people for the deceased:children, mother, father and wife / husband. Also the right to inheritance have children born outside the marriage union. However, they can receive the inheritance of parents if they prove the fact of consanguinity.
Representatives of a non-registered union notrefer to this category, because they are not legitimate husband / wife. If the children of the deceased died before him, and the testament act was drawn up before this point, all the property written off by him passes by inheritance to their children, that is, to the grandchildren of the deceased as the first turn.
The second stage is represented by sisters and brothers.of the deceased. Again, in case of premature death, the inheritance passes to their offspring. It is important to note that this category includes stepbrothers and grandparents of the deceased.
The third turn - cousins and nephews, uncles and aunts.
The fourth is the parents of the mother and father of the deceased.
Fifth - great-uncles.
Sixth - cousins and uncles.
Seventh - relatives from the second marriage.
Eighth - persons on long-term material support from the deceased - dependents.
At what point should contact the notary
The period of entry into the inheritance - 6 months.Accordingly, if the potential heir missed this term, then the objects of the will are distributed among other heirs in the order of strict priority. However, it is quite possible to correct this situation. In this case, you will need to write an application to the court with a request to restore the due date. However, it should be understood that by contacting this body, you will need to present the most weighty circumstances, which served as a barrier to timely entry into the inheritance.
There is another way - an agreement with others.heirs on the voluntary transfer of part of the property from the will to the late person. Although, as practice shows, such a resolution of the current situation is quite rare.
Registration of inheritance at the notary after death: documents
To carry out such a procedure will require the following documentation:
- Identity card of the beneficiary.
- Death certificate of the testator.
- Documents confirming the blood relationship with the deceased - a certificate of marriage, birth certificate.
- Papers confirming the fact of cohabitation (if any), - extract from the house book.
It is necessary to remove copies of all the documents submitted before the appeal to the notary. In the future, they will be attached to the case, and their originals will be returned to their rightful owners.
Proper execution of the application for inheritance
Registration of inheritance after death at the notaryinvolves writing a written statement. With its general form and basic nuances of filling, the notary will certainly help to understand. However, this document must contain the following information:
- Details of the notarial office in which the process is carried out.
- Key information about the heir (personal passport information).
- Date of death of the testator and the address of his last residence.
- In the presence of information about other potential heirs - the address of their place of residence and the degree of kinship with the deceased.
- The list of inherited property - real estate, transport and other objects,
At the end, the heir must affix the date of submission of the application and the signature.
Is it necessary to inform about other heirs of the notary
Since the notification of the relevant authorities aboutthe presence of other relatives applying for the inheritance is only a right, the heir may not inform the notary about such. The fact that a potential heir has concealed information about possible applicants for an inheritance does not guarantee subsequent rehabilitation of the term through judicial debate. However, if it is possible to prove that the concealment of information is intentional in nature, a certificate of disposing of the deceased’s property may get the status “invalid.
Cost of registration
A rather expensive is the inheritance procedure. The heirs are fully paid for the activities of the notary.
Moreover, the amount of the amount charged for processing information is determined by the notary independently. On average, this figure varies from 300 rubles to 3 thousand.
According to the legislation of the Russian Federation, a fee is charged for the provision of a document confirming the right of inheritance:
- 0.3% of the total value of the inherited property within 100 thousand rubles for parents, children, spouse, sisters / brothers.
- 0.6% of the total price within 1 million rubles for other heirs.
If a trustee takes care of the registration process, his remuneration will be considered individually.
For registration of property rights to the heirneed to pay separately in the registering authority state duty. In the Tax Code of the Russian Federation (Tax Code), a certain circle of persons has a list of benefits for registering an inheritance with a notary (article 333.38).
Registration of the inheritance by court proceedings: the main reasons
Experts identify a number of key reasons that lead to the implementation of the process of inheritance through legal proceedings:
- Differences in the division of inherited property.
- The presence of persons who claim to some of the inheritance.
- The actual entry into the rights of inheritance.
- Expiration of the period during which it was possible to claim an inheritance.
The last reason is most relevant, sinceis much more common. Accordingly, that the claim was satisfied by the court, the heirs by law must present substantial evidence confirming the impossibility of processing the inheritance within the time limits established by law. These reasons include hospital stay or imprisonment.
Nuances of registration of the process in court
Disputes about the disposal of the inheritance, as well as about its preparation (recognition of it as invalid in full or in part) can be dealt with in court.
При удовлетворении иска судом наследники по law on the same day receive the right of ownership. However, if the object of the inherited property was sold by the previous owner, that is, sold, donated, etc., the inheritance is not refundable. The maximum that the claimant can count on in such a case is to pay damages financially or otherwise.
Making an inheritance after the death of a notary is a complicated and lengthy procedure. Therefore, it should be approached seriously and carefully prepare all the necessary documents.
