Entry into the inheritance after death without a will. Procedure of acceptance of the inheritance. Terms, documents

Entry into the inheritance after death withoutWills is a process that can bring a lot of problems. In practice, many citizens face it. Not all people manage their property during life and transfer it to one or another person. Such inadvertency in the future can bring some trouble to the heirs. How to get the required property? Who has the right to it? What should every potential heir know? Having understood the established Russian legislation, citizens will be able to resolve all disputes over hereditary cases without wills.

Methods of inheritance

Russia is a country where relatives and third parties battle for the inheritance every year. That is why the features of inheritance without a will are important. Everyone should know about them.

In general, Russia provides several options for the transfer of property by inheritance. Namely:

• through a will;
• according to law.

In the first case, a citizen goes to a notary. The inheritance for each person, whom the owner deems worthy, is allocated to the discretion of the applicant. In other words, in the will you need to specify who and what will get after death. Heirs can act any person - and relatives, and strangers.

But more disputes and problems are brought into the inheritance after death without a will. What features of the process will have to be taken into account?

Heirs by law

For example, who will have to deal with in the future. Especially this applies to citizens who are not too well friends with their family.

The thing is that with inheritance withoutthird persons can not claim the property of the deceased. By law, the distribution of property is conducted between the relatives of the deceased. Therefore, all hereditary disputes and issues will be resolved within the family.

Also it is necessary to take into account that in Russia there iscalled the succession queue. Citizens will claim the inheritance in the order of their order. Here the role is played by kinship ties. The closer a person is to the deceased, the higher the chances of inheritance.

About queues

Entry into the inheritance after death withoutwills - the process is not as difficult as it seems. But only if there are no real conflicts in the family. Otherwise, the heirs will probably have to talk to the court on the division of property.

As already mentioned, according to the law, the inheritance is distributed in the order of the queue. First on the property can claim:

• spouses;
• children;
• parents.

If the deceased has no wife / husband and children, thenThe inheritance is primarily offered to parents. Otherwise, property is given to offspring and spouses. And if they refuse it - the parents of the deceased. Moreover, illegitimate children are also legal heirs of the first stage. The property in equal shares is distributed among all applicants.

Other heirs

As a rule, the successors usually do not go beyond the first order of successors. But there are exceptions. Therefore, in Russia there are several degrees of succession to receive the inheritance. Which ones?

Inheritance after death withoutThe will allows to receive the property of the deceased not only to parents, children and the second half, but also to other relatives. If the person did not have the listed people (or they abandoned their shares), the property will be offered to other close blood relatives.

The second line of heirs includes:

• grandparents;
• sisters (relatives);
• brothers.

And these relatives are not? In this case, the property is offered to aunts, uncles, great-grandparents with great-grandmothers, great-grandchildren, grandfathers and grandmothers, again, aunts and uncles, and nephews. Only after them can claim the inheritance:

• stepdaughters;
• stepchildren;
• stepmothers;
• stepfathers

Did a citizen have any dependents? In this case, these people can also receive their share of the inheritance, but last of all, after all the listed relatives. In practice, dependents rarely act as heirs by law.

Where to register

Where do you inherit? In Russia, the notary deals with these issues. Inheritance is made only in his presence.

You can contact as a stateauthorized person and privately. The main thing is that getting your share of the inheritance (both under the will and without it) is possible only with notaries. How exactly to act, will be discussed below.

Timing

It is important to pay attention to the prescription forinheritance. The terms established by the state allow only for a certain time to declare their rights. Otherwise, it will not be possible to act as an heir.

On deciding on inheritanceproperty is given 6 months. This term can be restored, but only if the citizen can prove that he has not addressed the notary before for valid reasons.

At the set time, you will have to write consentor refusal to accept inheritance. You can do otherwise - to make actions that clearly indicate the adoption of the property. For example, start servicing the inheritance, contain it and protect it. This alignment is not very common.

Procedure

How exactly is the design of the inheritance? Do not get lost in the actions will help step by step instructions for the heirs. In general, the operation is not much different from obtaining property as a bequest inheritance.

To inherit property, you must:

1. Collect some documents needed by the heir. About them in more detail will be discussed later.
2. Contact the notary with the consent / refusal to enter the inheritance.
3. Obtain a certificate from an authorized person indicating the refusal or acceptance of the property.
4. If a person has agreed to be an heir, you can go to Rosreestr and register your rights.

A citizen does not want to be an heir? Then, after writing the refusal, you will need to inform your close relatives about your decision. And already they will have to appeal to the notary, following the instructions.

About documents

A rather important nuance is the preparationdocuments for inheritance. Father, mother or any other relative is not so important. The main thing is that the relationship with the citizen will have to be confirmed. This is the main problem facing people. Especially if it came to cousin relatives.

Among the documents required for entry into the inheritance under the law, there are:

• certificate of death of the owner;
• documents confirming the relationship with the deceased (certificate of birth, marriage, and so on);
• extracts from the house book of the owner of the property;
• consent to the acceptance of the inheritance;
• refusals of previous heirs from property;
• certificates from the BTI and ZhEK (for the inheritance of apartments and houses);
• real estate cadastral passports;
• certificate of ownership of the deceased on the property.

As a rule, when it comes to designinheritance by law among the heirs of the first stage, then there are no problems with the preparation of papers. Therefore, the only problem that citizens may face is the division of property.

Shares of husband and wife

Special attention should be paid to the shares of the spouses when inheriting property. The husband / wife of the deceased is the first in succession. They are allocated shares according to special principles.

What exactly? First, the spouse receives an inheritance from joint ownership, then - from the premarital. Suppose that the inheritance is distributed to the house. The deceased had a wife and 1 child. Then the property will be divided as follows - 1/2 of the house is given to the spouse before issuing the inheritance. And the remaining half is divided into a child and a wife in equal shares. So, the spouse will receive 3/4 at home.

Registration of rights

Suppose a citizen chose to inherit by law. He appealed to the notary, presented him with the necessary package of papers and received a certificate indicating the acceptance of the property. What's next?

Now, as already said, you needregister your rights. If we are talking about real estate (which is most often found in practice), you will have to contact the Rosreestr or the registration chamber. With a heir must bring:

• death certificate of the former owner;
• documents indicating affinity with the testator;
• certificates of ownership of property (in the name of the deceased);
• certificate from the notary, showing consent to the acceptance of the inheritance;
• cadastral passport;
• application for changes in real estate documents.

In exchange for these papers, the applicant will be given an extract,talking about accepting the request. After 5-10 days it will be possible to pick up new documents. It should also be noted that not only property is transferred by inheritance, but also obligations. For example, debts.

It is now clear how the entry intoinheritance without a testament. In general, this operation is not much different from receiving an inheritance under a will. With a certain preparation, citizens can easily get their share of the property.