Actual acceptance of inheritance under a will

The law defines several options for accepting an inheritance. One of these methods, which is quite often encountered in practice, is the acceptance of inheritance after the fact. However, in some cases, the persons who carried out this procedure must not only perform certain actions, but also prove the fact of their execution, confirming their position in court.

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What methods are there?

There are a couple of ways to enter into inheritance established by the legislator. These include:

• Entry by performing notarial actions, that is, submitting an application to the notary authorities. The heirs receive a document confirming their rights, that is, a certificate, as a result of these actions.
• Actual entry into inheritance. In this case, the heir should not submit applications, but in fact performs actions that can be regarded as evidence that he has accepted the relevant property.

There are limitations to both methods. It concerns the acceptance period, which is equal to half a year from the moment the inheritance was opened.

What does action mean?

Acceptance of an inheritance in practice means that a person has performed certain actions that can be regarded as sufficient to identify him as the owner of this property. The period for performing such actions is limited - six months from the moment the inheritance is opened.

For example, it will be sufficient that the heirs move into this living space, which they have inherited, as well as providing for this property and its maintenance.

What is the allotted period?

Actions aimed at entering into an inheritance in fact must be performed by the heirs within the period allotted by the legislator for accepting the inheritance, which is equal to half a year from the date of opening of the inheritance.

Restoration of the period is possible in court, however, for this it is necessary to submit an application to the court. The court will need to provide significant evidence that confirms that the deadline was missed for good reasons.

How to receive an inheritance? The answer is presented in the article “Receiving an inheritance and its registration.” You can find out how to receive and register an obligatory share in the inheritance under a will here.

Actual acceptance of inheritance

What is actual acceptance of inheritance? This situation arises if the heir of the deceased begins to use the property left behind without formalizing his legal rights. The Civil Code of the Russian Federation provides for such a possibility.

The actual acceptance of an inheritance implies a series of actions aimed at the property of the testator on the part of his heir. If there are no other claimants to the property (by law and by will), then registration of inheritance rights is not required.

As when registering an inheritance through a notary, the actual entry must be made no later than 6 months from the date of death of the testator. If the deadline is missed and there is no action, the rights to the inherited property are transferred to another line of receivers. If they are not there, the property of the deceased is transferred to the state. Restoring your rights will be very difficult (you will need to go to court).

According to the Civil Code of the Russian Federation, actual acceptance is a method of entry without paperwork and obtaining a certificate. In practice, this implies the use and preservation of property (for example, living in an apartment). But the actual heir does not have any great rights.

That is why it is important to take action regarding his property within six months after the death of the testator. With this method of receiving an inheritance, you will need to formalize the entry and receive documents on property rights through a notary or court. For the court, it will be necessary to provide facts that the receiver used the property within the established time frame and bore all the costs of its maintenance. This is proof of actual acceptance. In this case, the court will rule in favor of the recipient and allow all necessary documents to be completed.

An example of actual acceptance could be the following situation: after the death of their mother, the children lived in her apartment, paid utilities and taxes. They are heirs by law who accepted the inheritance of the apartment without registering the case with a notary.

Expert commentary

Karpova Ekaterina Vasilievna

In 2006 she graduated from Amur State University with a degree in jurisprudence. 2006-2013 — Arbitration Court of the Amur Region. 2013 to present - lawyer at the Amur Regional Oncology Center.

When the heir performs certain actual actions to accept the inheritance, the law does not oblige him to apply to a notary. However, this does not mean that it is not necessary to obtain a certificate of inheritance. Without it, difficulties may arise with registration of ownership. Despite the fact that in such a situation there is no time limit for contacting a notary, the actual actions must be completed before the end of six months from the date of death of the testator. It is recommended to apply for a certificate within the same period.

What actions need to be taken

In order to ensure the actual acceptance of the inheritance, certain actions will be required:

• Take possession of the property.
• Provide property management.
• Ensure the safety of property from encroachment by third parties.
• To repay the debt of the testator to his creditors.
• Maintain this property, that is, maintain it at your own expense, pay taxes, and so on.

The presence of all points at once is not necessary, however, from the actions of the heir it should be clear that he performed actions during the period of opening of the inheritance and these actions are enough to identify him as the actual owner.

Another condition is that the person who accepted the property must be one of the heirs. That is, it must be not just a person who has taken action to actually accept the inheritance, but also has legal grounds for acceptance.

In addition, the actual acceptance of an inheritance by a person deprived of an inheritance on legal grounds is excluded.

Necessary actions for actual acceptance of inheritance

A relative is considered to have accepted the inheritance if he has performed actions indicating a desire to receive the property into personal ownership.

Table “List of actions for actual acceptance of inheritance”

The actual acceptance of the inheritance is possible only in the absence of conflicts with other heirs. That is, a close relative will be able to receive a notarial certificate only after confirming that there are no other applicants for the property, the rights of other participants in legal relations are not limited, the rights of other participants in legal relations are not violated, and there are no conflicts with them.

Confirmation of actions

Resolution of the plenum of the Supreme Court of the Russian Federation dated April 23, 1991 No. 2 “On some issues arising in courts in inheritance cases” established that confirmation of the actual acceptance of an inheritance can be provided by documents indicating the implementation of actions aimed at the use, management, storage of inherited property property.

Documents confirming the implementation of special actions:

• a certificate from the housing and communal services or a certificate from local authorities confirming the joint residence of the heir and the testator until the day of his death;
• a document indicating the intended use of the object, for example, a garage, a plot of land, a summer house (a certificate can be obtained from the chairman of the cooperative, from the management authorities of a residential building, from the village council);
• a check confirming payment of taxes, utility bills, loan repayment for the deceased testator;
• agreements indicating the involvement of repair teams providing services for the repair of inherited property;
• commercial lease agreement;
• agreements for installation of alarm systems or paid security;
• Explanations from witnesses confirming that the heir used and managed the property.

The main task of such documents is not only to confirm the fact that the necessary actions have been taken, but also to indicate the time frame within which they were taken.

If certificates are obtained from state bodies, local governments, or legal entities, then they are drawn up on a special form indicating the person who prepared the document. The seal of the organization is required, and the date on which the document was prepared is also indicated.

If we are talking about contracts, then their originals or certified copies must be presented.

Payment receipts must be issued by the bank. Printing a financial receipt from a mobile bank is not allowed, that is, the document must have a signature and seal indicating its authenticity.

This is a general list, so the notary can independently establish a list of documents that will allow the heir to confirm the actual acceptance of the inheritance.

How can you prove

In order to prove your position, you will need to prepare a package of documents confirming all the actions performed by the heir.

These could be receipts confirming payment of utility bills, taxes, contracts for repairs, or receipts for the purchase of building materials.

Also, the testimony of witnesses, as well as a certificate of residence in the apartment, if it is inherited, will also not be superfluous.

Where to contact

Inheritance matters are handled by a notary, so first, if you accept an inheritance, you will need to contact a notary located at the place where the inheritance was opened.

An application is submitted to him, accompanied by documentary evidence of the actual acceptance of the inheritance.

In the case where the heir lived with the testator and was registered in a residential area belonging to the estate, it will be necessary to provide an extract from the apartment or house register, which will confirm this fact. Most likely, you will not need to go to court, since the notary will issue a certificate.

If the notary does not issue a certificate, then you should receive a refusal from him and, based on it, write an application to the court. In practice, it is rare, but there are cases when a notary simply refuses to accept this application. Such actions are illegal. It is recommended to send your application by post, a valuable letter with a list of attachments, wait for the legal deadline for a response and then go to court.

Consequences of the procedure for actual acceptance of inheritance

The actual acceptance of an inheritance means the recognition of the heir's ownership of property that he owns, but has not properly registered.

He will bear the risk of destruction of this property, as well as the burden of maintaining it. However, in terms of disposing of such property, he may have problems until it is registered as ownership in the proper manner.

The actual acceptance of the inheritance may be recognized by the court during subsequent inheritance. For example, if a citizen accepted property, but did not register it, and subsequently died. The heirs of such a citizen can apply to the court to recognize the fact that the deceased has accepted the inheritance.

Actual acceptance of inheritance under a will

Hello Galina! There are two ways to accept an inheritance: the first involves submitting an application to a notary, the second involves actually accepting the inheritance (Article 1153 of the Civil Code of the Russian Federation). They apply regardless of whether a will has been made. As a general rule, this application must be submitted to the notary at the place of opening of the inheritance within six months from the date of opening of the inheritance. An heir by will or by law has the right to accept the inheritance in another way. Within six months from the date of death of a citizen, he can perform actions that indicate the actual acceptance of the inheritance, that is, his desire to acquire the inheritance. Then he submits an application to the notary for the issuance of a certificate of inheritance. It is possible, but not required, to submit an application to a notary to accept an inheritance. This method of accepting an inheritance can be used if you missed the specified six-month deadline for submitting an application to a notary. So, you can take possession of the inheritance, for example, move into the testator’s apartment and use his personal belongings; start managing it, for example, making repairs in the apartment of a deceased citizen; take measures to preserve property, in particular install locks and security alarms in the apartment. In addition, you have the right to pay from your own funds the costs of maintaining the inheritance, for example, making utility bills for an apartment or paying for car repairs. It is also allowed to pay the testator’s debts at his own expense - return the loan he received, pay arrears on utility bills, etc. or receive from other persons money owed to the deceased (for example, the amount of a loan issued) (Clause 2 of Article 1153 of the Civil Code of the Russian Federation). You can perform these actions yourself or entrust them to others, but it must be clear that it is you who intend to accept the inheritance. Actions to accept an inheritance must be completed within six months from the date of opening of the inheritance (clause 1 of Article 1154 of the Civil Code of the Russian Federation). The actual acceptance of the inheritance must be documented. Documents evidencing this include, among other things, certificates, receipts, and contracts. For example, a certificate from the housing maintenance organization about your residence in the inherited apartment; receipts for payment of taxes, insurance and utility payments; agreements with organizations on carrying out repairs in the apartment, on installing a security alarm in it. These documents must confirm that you took action to actually accept the inheritance within six months from the date of death of the testator. The application must be submitted to the notary at the last place of residence of the testator. The application can be submitted within six months from the date of opening of the inheritance or after the expiration of this period. Since you have performed actions indicating the actual acceptance of the inheritance, you do not need to submit an application for acceptance of the inheritance to the notary. However, you need to provide him with documents that confirm such actions - certificates, receipts, contracts, etc. If you do not do this, the fact of your acceptance of the inheritance will have to be established through the court.

Taking on debts

The inheritance mass includes not only the property and rights of the testator, but also his obligations, including the obligation to pay debts to creditors. That is, by accepting the inheritance, the heir assumes the responsibility of the testator.

The rights of the creditor in this case will be somewhat limited. First of all, this concerns the volume of its requirements.

Debts can be repaid by the heir only from the amount of the inheritance received, and not from personal funds. The period for submitting the creditor's claims is limited by the general statute of limitations.

The actual acceptance of the inheritance will also mean the ability of the creditor to claim the debt from the heirs. At the same time, he will have to prove the acceptance of the inheritance in fact in court, and then present his demands for debt collection to the heir who actually entered into the inheritance, within the limits of the inherited property.

Registration of actual acceptance

Actual entry into inheritance implies the use of inherited property for any period of time. For example, an heir without registration of entry can live in the apartment of the deceased for several years, if there are no disputes with other applicants regarding the property.

But it will still be necessary to formalize the acceptance of the inherited property. Without registering his rights, the receiver will not be able to fully dispose of the accepted property. For example, it will not be possible to transfer possessions by inheritance, sell, mortgage, or donate.

It is possible to formalize the actual acceptance of an inheritance from a notary if there is evidence of the recipient’s actions within 6 months after the death of the testator in relation to the acceptance of property. If the specialist considers these arguments insufficient, then there is only one option left - to file a lawsuit in court.

Acceptance of the inheritance must be made within 6 months from the date of death of the testator. The date of death can also be established by a court decision declaring a citizen dead.

To register an entry, you must provide the following documents to a notary office or court:

• Statement of desire to accept inheritance, applicant’s passport, death certificate of a relative.
• To prove rights to property, according to the law, you must submit documents indicating the degree of relationship with the testator (birth or marriage certificate).
• Extracts about the last place of residence of the testator, documents on his possessions (if available).
• Results of property value assessment.
• Documents proving actual inheritance.

If it is advisable to refuse

Refusal of an inheritance must be carried out in court within a period not exceeding six months from the date of its opening. That is, the period for refusal is equal to the period for accepting the inheritance.

You can refuse either by indicating the person in whose favor the refusal is being made, or without such an indication. Then all other heirs will inherit in order of priority.

Refusal of inheritance is advisable if it is known about the debts of the testator, equal to or exceeding the volume of rights or property values ​​included in the inheritance mass.

The creditor has the right to collect the debt only within the limits of the inheritance estate, and therefore will not be able to collect the personal funds of the heir, but accepting such an inheritance will not make any sense.

Heirs should remember that they cannot refuse part of the inheritance. Either they accept it completely, or they also refuse it completely.

How to register real estate as an inheritance? The answer is presented in the article “The procedure for registering an inheritance for an apartment after the death of a relative.” You can find out how shares in the inheritance are distributed here.

Deadline for accepting inheritance

The current Civil Code of Russia in Art. 1154 establishes the time period during which the procedure for accepting an inheritance takes place. According to the law, this period is six months , and its calculation begins from the date of death of the testator .

Important

However, there are a number of exceptions related to specific life circumstances. If at the court hearing it was not possible to specify the exact date of the death of a person, then in such conditions the six-month period is counted from the date the court decision entered into force.

In practice, there are cases when heirs ultimately do not accept the inheritance (they die, do not notify of their desire, etc.). In the situation under consideration, the right to inheritance flows to third-party heirs. In such circumstances, new terms for them are established based on the reason why the previous applicant did not enter into the inheritance:

• if all called persons refuse the inheritance or the heirs are removed from the right of inheritance by a court decision due to their unworthiness, other called persons may accept the inheritance within 6 months, but this period begins on the day their right to accept the inheritance arises.
• if the heirs called in the first place did not accept the inheritance, other persons can accept it within three months, but here the countdown begins from the end of the six-month period established for citizens called to the inheritance “in the first place.”

Restoring the deadline for accepting an inheritance

The deadline for accepting an inheritance is not final , that is, missing this period does not deprive the right to accept the inheritance after its expiration. The legislation defines 2 cases in which an inheritance can be accepted after missing the deadline. They can be divided into extrajudicial and judicial . It should be borne in mind that this applies to missing both the standard period of 6 months and cases of refusal of heirs called before this.

An out-of-court restoration procedure can take place if the remaining heirs write a written consent , and the time of signing this document, as well as the degree of readiness of the documents for the heirs’ ownership, is not important.

For your information

The term can also be restored within the framework of judicial proceedings (Article 1155 of the Civil Code of the Russian Federation). This method assumes that the heir did not have information about the death of the testator or, for good reason, was unable to accept the inheritance within the period fixed by law.

At the same time, a mandatory criterion for the restoration of rights is the citizen’s compliance with the deadline for filing an appeal to the court from the moment he receives information about the death of the testator, which should not exceed six months.

What decisions are made in practice

Judicial practice on recognizing the fact of accepting an inheritance is quite diverse. It depends on the evidence presented by the parties. The applicant must not only prove the actual acceptance of the inheritance, but also prove that such acceptance occurred within six months from the opening of the inheritance.

In practice, there are often cases when other persons live with the testator who are not his heirs, and who are not heirs under the will. After his death, they can continue to live in this living space and bear the burden of maintenance. Legal heirs can challenge their rights to use this property.

If the heir tries to prove that he did not enter into the inheritance because he did not formalize this fact with a notary, then he will have to prove that he did not perform actual actions that could mean accepting the inheritance.

Such evidence may be needed if a creditor goes to court to collect debts from the defendant, as the heir of his original creditor.