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Very often, citizens have questions related to the interpretation of the law in the field of inheritance. Who are the heirs of the first, second and third stages? What are the terms and methods for accepting an inheritance? Do you have any rights to the property of the deceased if you are not indicated in the will (the right to an obligatory share in the inheritance)?
Inheritance
When inheriting, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, that is, unchanged as a single whole and at the same moment, unless otherwise follows from the rules of the Civil Code.
Inheritance is regulated by the Civil Code and other laws.
Grounds for inheritance
Inheritance by law takes place when it is not changed by a will, as well as in other cases established by this Code.
The inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations.
The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm. The inheritance does not include the personal non-property rights of citizens.
Citizens who are alive on the day of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, can be called upon to inherit.
Terms and methods of accepting inheritance
Inheritance is carried out by will and by law.
The current Civil Code provides for inheritance by right of representation, namely, the share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his corresponding descendants in cases provided for by the Civil Code, and is divided equally between them.
The descendants of an heir by law who was deprived of the inheritance by the testator do not inherit by right of representation, and also the descendants of an heir who died before the opening of the inheritance or at the same time as the testator and who would not have the right to inherit in accordance with the requirements of the Civil Code do not inherit by right of representation.
Deadline for acceptance of inheritance.
1. An inheritance can be accepted within six months from the date of opening of the inheritance.
If an inheritance is opened on the day of the expected death of a citizen, the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead.
2. If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.
3. Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiration of the six-month period.
Inheritance by will
Property can only be disposed of in the event of death by making a will.
A will can be made by a citizen who has full legal capacity at the time of its making. The will must be made in person. Making a will through a representative is not allowed.
A will may contain the instructions of only one citizen. Making a will by two or more citizens is not allowed.
A will is a unilateral transaction that creates rights and obligations after the opening of the inheritance.
The testator has the right, at his own discretion, to bequeath property to any persons, to determine in any way the shares of heirs in the inheritance, to deprive one, several or all heirs of the inheritance by law, without indicating the reasons for such deprivation, and also to include in the will other orders provided for by the rules of this Code on Inheritance, revoke or change a completed will.
The testator is not obliged to inform anyone about the contents, execution, amendment or cancellation of the will.
The testator has the right to make a will containing a disposition of any property, including that which he may acquire in the future.
The testator can make a will in favor of one or more persons, both included and not included in the circle of heirs by law.
The testator may indicate in the will another heir (sub-heir) in the event that the heir appointed by him in the will or the heir of the testator by law dies before the opening of the inheritance, either simultaneously with the testator, or after the opening of the inheritance, without having time to accept it, or does not accept the inheritance according to other reasons or refuses it, or will not have the right to inherit or will be excluded from inheritance as unworthy.
The Russian Federation, subjects of Russian Federation, municipalities, foreign states and international organizations, and to inheritance by law – the Russian Federation in accordance with Article 1151 Civil Code, namely in the order of inheritance of escheated property.
If there are no heirs both by law and by will, or none of the heirs have the right to inherit, or all heirs are excluded from inheritance, or none of the heirs accepted the inheritance, or all the heirs refused the inheritance and none of them did not indicate that he was refusing in favor of another heir, the property of the deceased is considered escheat.
Escheated property passes by inheritance according to law into the ownership of the Russian Federation.
The procedure for inheritance and accounting of escheated property, as well as the procedure for transferring it into the ownership of constituent entities of the Russian Federation or into the ownership of municipalities is determined by law.
The testator can dispose of his property or any part of it by drawing up one or more wills.
Article 1124 of the Civil Code of the Russian Federation provides general rules concerning the form and procedure for making a will
The will must be in writing and certified by a notary. Certification of a will by other persons is permitted in cases provided for by current legislation.
Failure to comply with the rules established by the Civil Code regarding the written form of a will and its certification entails the invalidity of the will.
In the event that, in accordance with the rules of the Civil Code, when drawing up, signing, certifying a will or when transferring a will to a notary, witnesses are present, they cannot be such witnesses and cannot sign the will instead of the testator:
– a notary or other person certifying the will;
– the person in whose favor a will is drawn up or a testamentary refusal is made, the spouse of such a person, his children and parents;
– citizens who do not have full legal capacity;
– illiterate;
- citizens with such physical disabilities, which clearly do not allow them to to the fullest realize the essence of what is happening;
– persons who do not sufficiently speak the language in which the will is drawn up, with the exception of the case when a closed will is drawn up.
In the event that, in accordance with the rules of this Code, when drawing up, signing, certifying a will or when transferring it to a notary, the presence of a witness is mandatory, the absence of a witness when performing these actions entails the invalidity of the will, and the non-compliance of the witness with the requirements established by the Civil Code of the Russian Federation ., may be grounds for invalidating a will.
The will must indicate the place and date of its certification, except in cases where a closed will is being drawn up.
Drawing up a will in simple written form is allowed only as an exception in cases, namely, as a will in emergency circumstances.
Will in emergency circumstances
A citizen who is in a situation that clearly threatens his life, and due to the prevailing emergency circumstances, is deprived of the opportunity to make a will in accordance with the rules of the Civil Code of the Russian Federation, can state his last will in relation to his property in simple written form.
Statement by a citizen last will in simple written form is recognized as his will if the testator, in the presence of two witnesses, has personally written and signed a document, from the content of which it follows that it constitutes a will.
A will made in emergency circumstances, in accordance with this article, is subject to execution only if the court, at the request of interested parties, confirms the fact that the will was made in emergency circumstances. This requirement must be submitted before the expiration of the period established for acceptance of the inheritance.
Heirs by law
Inheritance by law takes place when and insofar as it is not changed by a will, as well as in other cases established by this Code.
Heirs by law are called upon to inherit in the order of priority provided for by the Civil Code of the Russian Federation.
The heirs of each subsequent queue inherit if there are no heirs of previous queues, that is, if there are no heirs of previous queues, or none of them has the right to inherit, or all of them are excluded from inheritance, or deprived of inheritance, or none of them accepted the inheritance, or all they refused the inheritance.
Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation.
Heirs of the first, second, third stages, as well as heirs of subsequent stages
Heirs of the first stage.
The heirs of the first priority according to the law are the children, spouse and parents of the testator.
The testator's grandchildren and their descendants inherit by right of representation.
Heirs of the second stage.
If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father's and mother's sides.
Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation.
Heirs of the third stage.
If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half-blood brothers and sisters of the testator's parents (uncles and aunts of the testator).
The testator's cousins inherit by right of representation.
Heirs of subsequent queues.
If there are no heirs of the first, second and third orders, the right to inherit according to the law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders.
The degree of kinship is determined by the number of births separating one relative from another. The birth of the testator himself is not included in this number.
In accordance with the Civil Code of the Russian Federation, the following are called for inheritance:
as fourth-degree heirs, relatives of the third degree of kinship - the testator's great-grandfathers and great-grandmothers;
as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (great-grandsons and granddaughters) and the siblings of his grandparents (great-grandparents);
as heirs of the sixth degree, relatives of the fifth degree of kinship - children of cousins and granddaughters of the testator (great-great-grandsons and great-granddaughters), his children cousins and sisters (great-nephews and nieces) and children of his great-uncles and grandmothers (great-uncles and aunts).
If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.
Spouse's rights during inheritance
The right of inheritance belonging to the surviving spouse of the testator by virtue of a will or law does not detract from his right to part of the property acquired during the marriage with the testator and which is their joint property. The share of the deceased spouse in this property, determined in accordance with the Civil Code, is included in the inheritance and passes to the heirs in accordance with the rules established by current legislation.
Unworthy heirs
Citizens who, by their intentional actions, do not inherit either by law or by will. illegal actions, directed against the testator, any of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed or attempted to promote the calling of themselves or other persons to inherit, or contributed or attempted to facilitate an increase in the share of the inheritance due to them or other persons, if these circumstances confirmed in judicial procedure. However, citizens to whom the testator bequeathed property after they lost the right to inherit have the right to inherit this property.
Parents do not inherit by law after children in respect of whom the parents were deprived of parental rights and these rights were not restored by the day the inheritance was opened.
At the request of an interested person, the court excludes from inheritance by law citizens who have maliciously evaded the fulfillment of their obligations under the law to support the testator.
A person who does not have the right to inherit or is excluded from inheriting on the basis of this article (an unworthy heir) is obliged to return all property that he unjustifiably received from the inheritance.
These rules apply to heirs who have the right to an obligatory share in the inheritance, and also apply accordingly to testamentary refusal. In the case where the subject of the legacy was the performance of certain work for an unworthy legatee or the provision of a certain service to him, the latter is obliged to compensate the heir who executed the legacy for the cost of the work performed for the unworthy legatee or the service provided to him.
Closed will
The testator has the right to make a will without giving other persons, including a notary, the opportunity to familiarize themselves with its contents (closed will).
A closed will must be personally written and signed by the testator. Failure to comply with these rules entails the invalidity of the will.
The closed will in a sealed envelope is handed over by the testator to the notary in the presence of two witnesses who sign the envelope. The envelope signed by the witnesses is sealed in their presence by a notary in another envelope, on which the notary makes an inscription containing information about the testator from whom the closed will was accepted by the notary, the place and date of its acceptance, surname, first name, patronymic and place of residence of each witness in accordance with the identity document.
Upon presentation of the death certificate of the person who made a closed will, the notary, no later than fifteen days from the date of presentation of the certificate, opens the envelope with the will in the presence of at least two witnesses and interested persons from among the legal heirs who wish to be present. After opening the envelope, the text of the will contained in it is immediately read out by the notary, after which the notary draws up and, together with the witnesses, signs a protocol certifying the opening of the envelope with the will and containing the full text of the will. The original will is kept by the notary.
The right to an obligatory share in the inheritance
The testator's minor or disabled children, his disabled spouse and parents, as well as the testator's disabled dependents who are subject to inheritance, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law (mandatory share).
The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from the part of the property that is willed .
The obligatory share includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.
If the exercise of the right to an obligatory share in the inheritance entails the impossibility of transferring to the heir under the will property that the heir entitled to the obligatory share did not use during the life of the testator, but the heir under the will used for living (a residential building, apartment, other residential premises, dacha, etc.) or used as the main source of livelihood (tools, creative workshop, etc.), the court may, taking into account the property status of the heirs entitled to the obligatory share, reduce the size of the obligatory share or refuse to award it.
of this Code.
The heirs of each subsequent order inherit if there are no heirs of previous orders, that is, if there are no heirs of previous orders, or none of them has the right to inherit, or all of them are excluded from inheritance (), or are deprived of inheritance (clause 1 of Article 1119), or none of them did not accept the inheritance, or all of them refused the inheritance.
Read more about the order of inheritance, and find out more about heirs by right of representation in.
It consists of dividing close and distant relatives into groups according to the degree of relationship. In this case, those who are closest have an advantage in acquiring the desired property, while those who are more distant have an extremely small chance of this.
Total for at the moment There are eight lines of inheritance. If there is no one in the first of them (or everyone has died or unanimously abandoned the property), it passes to representatives of the second order.
Main heirs
These include:
- parents;
- children;
- spouse of the deceased.
According to the rules, they divide among themselves all the property left behind into equal parts or they can agree among themselves on what items will go to each of them (Article 1142 of the Civil Code of the Russian Federation). To do this, you need to draw up an agreement that does not need to be confirmed by a notary.
If all the heirs of the first priority are dead or do not want to accept the property, then after their refusal, their heirs (grandsons and granddaughters of the deceased) can do so. This is called law.
If the deceased has illegitimate children or descendants from a previous marriage, then they are also treated as primary heirs and can enjoy all rights on an equal basis with other children.
Other persons in the first place
In addition to the closest relatives by blood, there is a possibility for other persons to be included in this list (Article 1149 of the Civil Code of the Russian Federation). This happens because the law protects the rights of the socially weaker sections of society if they cannot defend them themselves.
Important! IN in rare cases they may be deprived of part or all of their inheritance share.
Adopted children
The law equates the rights of adopted children with the rights of ordinary natural children. Consequently, they can unconditionally exercise their right to inherit the property of their father or mother. However, since they lose contact with their biological parents upon adoption, they cannot inherit from each other.
If the court has established permission for the adopted child to communicate and communicate with his blood parents (or one of them), then the possibility of inheritance for them remains.
Dependent relatives
They are a special category of the population that retains extraordinary right to receive part of the inheritance. This means that regardless of the will or order that receives the inheritance, they have their own legal share of the property.
However, this only works if the deceased had such relatives for at least a year and their disability is documented. The degree of relationship is absolutely not important.
Applicants without family ties
They are also included in the category of people who acquire their share despite the presence of a will and. If such persons were considered dependents of the deceased for more than a year and lived side by side with him, and their incapacity for work was proven through the court, then they have the right to their share of the inheritance.
Rights of interdependent citizens
Spouses
The spouse of a deceased person is considered to be a person whose marriage was documented and recorded in the registry office. That is, people can live together for many years, have total budget and children, but live in civil marriage, but then they will not be able to inherit the common property.
Reference! If the surviving spouse is a dependent or he manages to prove in court that the property acquired during cohabitation was common, then he can count on part of the inheritance.
To do this, you must provide receipts from stores, certificates from relatives and neighbors, but this can sometimes be very difficult to do.
Parents and children
Parents are legally considered heirs in the event of the death of their children. Moreover, it does not matter whether they are married by that day or have been divorced for a long time, if they have not been deprived of parental rights. Also, adoptive parents have a full range of possibilities for inheritance in the first place.
Children will take possession of their part of the property if there are documents confirming their relationship with the deceased. Adopted children will also receive their share of the property if the adoption was official.
Mandatory share
All these people have the right to receive their piece of the deceased’s property in any case (Article 1149 of the Civil Code of the Russian Federation). Any of them can take possession of it on any of the grounds of inheritance or on all of them at once.
How is property divided at the first stage?
All representatives of the first priority receive equal shares of property according to the law. They can agree with each other on a different inheritance order (for example, not dividing a common apartment into parts, but agree that someone will receive it entirely, someone will receive a dacha, etc.).
If there is disagreement regarding the division, they can draw up a special agreement, where the individual property boundaries of each person will be spelled out.
Also, any heir can refuse to receive his part of the inheritance if he has such a desire. This can be done by writing an official refusal at the notary, but it will be impersonal (you cannot refuse in favor of another relative or loved one).
Actions of heirs after the death of the owner
After the death of a person, his relatives must receive a certificate of this event. It must be provided to the notary at the place of residence of the deceased and the desire to divide the existing property must be declared. This must be done by all relatives who have the right to a share of the property.
Required documents
To begin the inheritance procedure, the interested party must prepare the following documents:
After this, you must fill out an application for inheritance in accordance with the data in the documents. The form is provided by the notary. Then the notary office checks the authenticity of documents and verifies data in them, a search is underway for additional heirs. If everything is in order, a certificate of inheritance is issued.
Deadlines for the second and subsequent stages
The application must be written within six months from the date of death of the testator. Document checks can take quite a long time, but usually do not take more than six months.
After this time has expired, if the main heirs have not shown up, a search begins for second-line applicants who could receive the property in descending order of kinship. For each subsequent queue it lasts three months.
Important! There are situations when the legal person remains in the dark about the death of the testator due to the negligence (or greed) of other relatives. He can submit an application within an unlimited time period; there is no statute of limitations for this procedure.
That is, in ten or forty years he will be able to go to court to review the case and receive his part of the property. However, do this after large quantity time will be difficult. You will also have to submit a document to the court confirming the fact that the relative could not apply earlier and only recently learned about the death of the testator.
Fees
To obtain a certificate of inheritance, the following fees apply:
- 0.3% for the first stage (no more than 100,000 rubles).
- 0.6% for other queues (no more than 1,000,000 rubles).
- The duty is halved for category 1 and 2 applications.
Useful video
Heirs by law:
So, the main right to the inheritance of the deceased has his first-priority relatives, and they can receive it out of turn. To do this, you must submit on time necessary documents and pay the fee. A lost heir can restore his rights to property through the court after any amount of time has passed.
It often happens that a person died and did not leave a will. This can arise in several cases: either a person did not have time to do this during his lifetime, or the deceased completely agreed with the rules established by law. Or it may be that there was nothing to bequeath. In this article we will look at the issue of intestacy.
Legal order
As has already been clarified, if there is no will of the deceased, then all property is distributed by law. Entering into an inheritance without a will is a very labor-intensive process, sometimes causing a lot of controversy. As established by the Civil Code, there are several lines of persons who claim inheritance. The first of these are the children and parents of the deceased, spouse. Next come brothers and sisters and grandparents. If there are none or the persons indicated have refused, then even more distant relatives have the right to receive the inheritance without a will. The order of heirs can be clarified with a notary or lawyers at
Unworthy heirs
The court may decide that a person or persons (relatives) do not have the right to receive part of the property of the deceased. The grounds are harm to the testator during his lifetime, failure to pay alimony or failure to provide care, if there was such an obligation. Often relatives abuse this right to remove competitors for inheritance without a will. In this case, it is important to seek help from lawyers so that your rights are restored and the conspiracy of certain individuals to achieve their mercantile interests is stopped.
Receipt procedure
An inheritance without a will is registered with a notary at the place of residence. Within 6 months from the date of death of the testator, it is necessary to contact him; any relative can do this. The procedure will be initiated, the notary will collect necessary documents and information about relatives. After this, the shares in the right and to whom they belong will be determined. In addition, if the 6-month period is missed, it can still be restored. There must be good reasons for this (prolonged illness, being in another country, business trips or work in a remote area, etc.). Also, any relative who claims to inherit without a will can renounce his share at any time before joining.
Then, according to the law, this part goes to the next in line. It is important to note that the person who cared for or supported the deceased is entitled to a share. Such a person may not be a relative at all, but he also lays claim to (the property of the deceased).
Conclusion
Much simpler situations are when there is a will, to whom what will go in the event of death. But even in such situations, disputes arise. If we are talking about the absence of a will, then in this case everything is much more complicated. The law lists a lot of people who are interested in receiving some share, and there is the possibility of being recognized as an unworthy heir. In such cases, it is better to trust a professional lawyer if you have difficulties. It's better to use the help and spend it on it a certain amount than being left without an inheritance altogether.
