The right to inherit property, whether movable orimmovable, comes in the event of the death of a citizen. In accordance with the current legislation, the right to establish and conduct an inheritance case is only authorized by the person, which are notaries public.
Currently, the legislation identifies twotype of inheritance: by law and by testament. When a person dies, his heirs have the legal right to apply to a notary office located at the last place of residence of the deceased person.
Hereditary case
The right to inherit property by will hasfirst place before inheritance by law, since the will carries the last will of the deceased, so when you contact a notary, the first thing to check is the presence / absence of the deceased's will. If it is in the hands of the heir, it must be brought with you.
Heir by will can be any person(both physical and legal), and their order in this case does not matter. The only restriction of the deceased's will is an obligatory share. Thus, in accordance with the Civil Code, the following persons have the right to receive a mandatory share: a disabled wife and parents of the deceased who reached the retirement age and / or having a disability of the first or second group, as well as minor children of the deceased. The amount of the mandatory share can not be less than 1/2 of the inheritance, which such an heir could receive in the case of inheritance by law.
So, if the deceased has a will fortwo children, and there is a wife who has reached the retirement age, she has the right to receive an obligatory share of the inheritance in the amount of 1/6 of the part (inheritance of property, for example). The obligatory share is a dispositive norm, and from the right to receive its successor can refuse.
In the absence of a will, the right to inherit by law comes. In this case, the circle of heirs is determined depending on the order.
The heirs of the first stage are the husband,children and parents of the deceased, in case of their absence inheritance passes to the heirs of the next stage - brothers and sisters, as well as grandfathers and grandmothers. In total, the legislation allocates three turns of successors, and defines the remaining relatives as "successors of successive queues" to the group.
Also, cases where the only heirs to the right of representation. Inheritance right in this case is the result of deathheirs belonging to the first three queues until the death of the principal testator or on the day of his death. The share owed to such a deceased passes to his heirs and is distributed among them in half.
For example: the deceased had three sons and a wife.The first son died a few years before his father's death, leaving behind two children. The share in the father's inheritance will be distributed as follows: 1/4 of the inheritance will be given to the spouse, 1/4 will be given to the sons, and 1/4 will be divided among the grandchildren of the deceased equally by 1/8 share to each.
The general term for opening an inheritance and establishmenthereditary matters - six months from the date of death of the testator. During this period all the heirs or one person turns to the notary office for the discovery of the hereditary case. Having collected all the necessary documents for the property, having confirmed all the related relations, after six months the heir (or several) is given a document - a certificate of the right to inheritance.
In most cases, the object of inheritanceis the property of the deceased: the house, the cottage, the apartment, the garage. Since the year two thousand and six, changes have been made in the legislation that canceled the estate tax of the apartment and other above-mentioned facilities.
