Гражданин может распорядиться своим имуществом during life as he pleases: property can be sold, donated, bequeathed and so on. If the testator did not dispose of his property during his lifetime and did not make a will, then all the property acquired by him is inherited on general grounds, distributed among his heirs in equal parts.
When establishing an inheritance case, beforeissue a certificate of the right to inheritance to the heirs of the deceased, the notary must establish a number of facts that are important for the future conduct of the case: the date of death of the deceased, the circle of heirs, whether inheritance by right of representation, inheritance, actual acceptance of inheritance.
For what it is necessary to establish the exact date of deaththe deceased? The exact date of death is necessary in order to correctly calculate the period of acceptance of the inheritance and its termination. According to the general rules, the term starts counting from the day following the occurrence of a certain event, in our case the day after the recorded death. So, if the testator died on May 16, then the certificate can be issued after November 17.
Circle of heirs
To properly distribute the property of the deceasedit is necessary to establish the whole circle of heirs. The first to inherit are called: parents, spouse, children of the deceased. In the event of their death, inheritance is considered by right of representation. At the consultation stage, the notary ascertains who is the heir, their number, including the deceased, and requests documents confirming the relationship. If on the day of applying to the notary not all the heirs were present, their place of residence will be specified in order to inform them of their rights.
At the stage of ascertaining the circle of heirs, it is very important to determine whether there will be inheritance by right of representation.
In accordance with the Civil Code, ifthe heir died with or before the testator, then his share will be distributed among his heirs. For example, the deceased had two children, a daughter and a son. The daughter died two years before her father's death, and she had three children. In this case, the hereditary property will be distributed as follows: the son will receive half the inheritance, and the remaining half of the inheritance due to the daughter will be divided between her three children in equal parts, that is, each of the grandchildren will receive one-sixth of the share.
Inheritance by right of representation is clearly spelled out in the civil code, such heirs may be grandchildren, nephews, cousins and brothers of the deceased.
Actual acceptance of inheritance
If the heir at the time of death was registered with the deceased or took measures to protect and protect the hereditary property, he is recognized as actually accepting the inheritance.
To confirm cohabitationit is necessary to present a certificate from the house management, and to confirm the protection and management of the inheritance - documents that confirm: checks or receipts for payment of utility bills, a certificate from the village councils on the processing of the land or a certificate of payment of taxes.
Actual acceptance of inheritance simplifiesheir filing documents: for him does not operate a half-year period for the acceptance of the inheritance, and if he is not in the country, there will not be an urgent need to return. The share of such an heir will be assigned to him, and the hereditary case will remain open until he turns to the notary. However, such an adoption creates difficulties, if the heir does not intend to accept the inheritance: it is compulsory for him to renounce the inheritance within the established six-month period. If you miss this deadline, you will have to go to court.
