How to inherit after 6 months quickly
Today we have to find out how to join theinheritance after 6 months and not only. This question bothers many potential heirs. It's no secret to anyone that hereditary cases take a lot of time. And under certain circumstances, you can lose the right to receive property from the deceased. There are also a number of life cases in which the restoration of inheritance rights is allowed. About all this we have to talk further. In fact, obtaining property from the testator has many features and nuances. Knowing about them, it will be possible in any circumstances to obtain an inheritance in the shortest possible time.
Appearance of rights
How can you inherit? First you need to wait for the corresponding right. It does not appear immediately.
The right to inheritance is the deceased's relatives by default. They appear only after the death of the testator. Up to this point, citizens will be considered only potential heirs.
Timing for reflection
Receiving property in the order of inheritance isright, not obligation. Every citizen can both use it and renounce the inheritance. For example, in favor of another potential relative-recipient. This is a fairly common phenomenon.
How to get an inheritance? Citizens are given six months to make a decision on this issue. At this time it is necessary to register with a notary or consent to receive property, or a refusal. At the end of this period, in most cases the citizen is considered to have renounced the inheritance. And he can only return his rights in exceptional cases.
Counting half a year begins either from the moment of opening the testamentary document, or with the death of the former owner of the property. There are no more countdown points.
Methods of inheritance
How to inherit a house or any other property? Citizens in the Russian Federation can receive property from the dead in various ways.
In Russia, the following forms of inheritance are distinguished:
- according to law;
- by will.
In the first case, onlyrelatives of the deceased. The inheritance is transferred in the order of the queue. The closer the blood relationship, the greater the chances of obtaining property. In the Russian legislation, there are eight stages of priority. And the first of them includes spouses, children and parents. These are heirs of the first stage, who by law receive property the very first.
When inherited by will, heirs maybe any person and organization specified in the relevant document. The degree of kinship does not play a role here. In fact, the will indicates the will of the deceased.
Before the expiry of the term
How to inherit correctly? To begin with, we will consider the procedure before the expiry of the deadline. After him, the receipt of property from a deceased relative is not much different.
As soon as the testator dies, his heirs must act like this:
- Learn about the existence of a testamentary document. If it is, you can gather and go to the opening of the will.
- Go to the notary. Write his consent to the acceptance of the inheritance. It should be done in the periods mentioned earlier. And not later.
- Prepare some list of documents. About him will be told later.
- Receive a certificate of acceptance of property fromthe testator. The corresponding document is issued by the notary after consent to the inheritance. It is issued after the expiration of the time set aside by law for refusal or for the adoption of property in the order of inheritance.
- To issue property rights in Rosreestre by the general rules.
In fact, everything is easier than it seems. A similar sequence of actions will be in case of missing the deadlines for receiving the inheritance.
After missing the deadline
How to inherit after 6 months have passed since the death of the "old" owner of the property? Make it quite problematic. Especially if there is no valid reason for missing the deadline.
In general, the following scenarios are allowed:
- judicial debate;
- peace agreement with other heirs.
In the first case, a citizen in courtrestores its inheritance rights. This is the most common alignment. In the end, a person is given a judicial decision. On its basis it will be possible to issue the inheritance at the notary.
In the second case, it is enough to agree withheirs who received property, on the redistribution of property of the deceased relative. In this situation, all will have to go to the notary. But in real life, to achieve a consensus in hereditary matters peacefully turns out extremely rarely. Therefore, most often it is the judicial debate that prevails in practice.
Grounds for skipping
How to inherit after 6 months? We'll have to prove in court the existence of compelling reasons for the pass. Otherwise, to claim an inheritance after six months will not work under any circumstances.
For valid reasons most often include:
- the period of stay of the claimant abroad;
- the presence of a serious illness that interferes with the entry into the inheritance in a timely manner;
- hospital stay;
- lack of knowledge about the existence of rights to inheritance.
These are the most common options. But other circumstances of life can sometimes be considered respectful. Of course, all this must be proved and documented.
Actual entry
How to inherit after 6 months? In the legislation of the Russian Federation there is such a thing as the actual entry into the rights of inheritance. This is a life situation in which a citizen did not apply to a notary, but at the same time he began to demonstrate the use of his property in life.
For example:
- the heir and the testator together managed the farm, and after the death of the second, the first continued to keep property;
- protection of property was made;
- the citizen repaired or restored the inheritance after the death of the testator.
In this case, you will have to go to court not torecovery of missed deadlines, and the recognition of the actual entry into the inheritance. Evidence of this act must be attached to the statement of claim.
Documents for inheritance
How to inherit after 6 months? As soon as a citizen receives an appropriate court decision, he can turn to a notary. The algorithm of actions will be exactly the same as with the usual entry into the inheritance. Just do not need to write consent to the adoption of the property and wait another six months.
Documents for the implementation of the task will need the following:
- testament (if available);
- heir identity card;
- death test certificate of the testator;
- documents on the property (if any);
- certificate of marriage or divorce;
- data from the place of residence of the citizen (the latter);
- cadastral and technical passports for property;
- receipts for payment of fees and notarial services (if necessary);
- birth certificate.
Also, in the case of an inheritance after 6 months, a court opinion will be required. Or passports of other owners and their joint statement on the redistribution of inheritance.
Outcomes
Now I understand how my son to inheritone way or the other. In reality, things are not as difficult as they seem. Especially if there is a will, which clearly states who and what is necessary after the death of the owner of the property.
In real life, only citizens can think about how to quickly enter the inheritance, who:
- do not have conflicts with other heirs;
- are the only claimants to the property of the first stage.
In Russia, quite often, even after entering into an inheritance, relatives meet in court for the division of property as it seems to them right.
The main thing is to remember that citizens who missed the term of applying to a notary without good reason will not be able to return the rights of inheritance.