The deadline for entering into an inheritance has been missed: what to do, how to restore it, good reasons

Author of the article

Natalya Viktorovna Sazonova

Reading time: 4 minutes

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There are often delays when entering into rights to inherited property. This is often due to legal illiteracy of citizens. Not everyone knows that a notary must be contacted within 6 months from the date of death of the testator. It is the heir who must take care of this, since the notary’s office does not receive information about death. Experts learn about the need to open a probate case only from interested parties.

Valid reasons for missing a deadline

According to Art. 1155 of the Civil Code of the Russian Federation, an heir who did not have time to enter into inheritance on time can do so after the expiration of the established period. But only on the condition that he did not know and could not know about the death of the testator or for other valid reasons that existed over the past six months. It could be:

1. Health problems that objectively prevent the implementation of actions related to filing an application for acceptance of inheritance.
2. Remote location and lack of communication with persons knowledgeable about the opening of the inheritance (they deliberately concealed this fact).
3. Illiteracy.
4. Problems with documentation (loss, clerical errors and other inconsistencies).
5. Other reasons that entailed the impossibility of not only personally appearing before the notary in charge of the inheritance case, but also submitting an application through the mail or an intermediary (absence of a person authorized to certify signatures and powers of attorney, a post office, inability to sign the application, and others).

Valid reasons do not include:

• Ignorance about the quality and composition of inherited property.
• Short-term health disorder.
• Lack of awareness about the deadline, rules and procedure for accepting an inheritance.

How to receive an inheritance if the deadline has passed?

The legislation of the Russian Federation strictly defines the rules and procedure for entering into inheritance rights. Regardless of the size of the inherited property, its type, purpose, if by law this property or its share is due to one or another person, the entire process follows the general rules, making no exceptions for almost anyone.

One of these rules by law is a clearly established period during which you need to enter into inheritance rights and issue a corresponding certificate from a notary. And it is not uncommon for cases when, for some good reason, it was not possible to enter into inheritance rights on time. According to the law, if the deadline for entering into an inheritance is missed, a citizen who has not declared his rights is automatically recognized as having renounced his share of the property. In this case, after six months, all inherited property is divided between those persons who have notarized their right to it. In this case, the heir who is left without his share is faced with the question of whether it is possible to accept the inheritance after the expiration of the established period?

Let's consider the main points of the right of inheritance after a missed deadline, the procedure for its restoration according to the law, if this could not be done on time.

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Alternative to litigation

It is possible to restore the missed deadline according to a simplified scheme, without legal proceedings. But for this it is necessary to obtain the written consent of all heirs and present it to a notary. Based on this, previously issued certificates of the right to inheritance will be canceled and others will be obtained corresponding to the redistribution of property.

Consent to include an heir who missed his deadline in the circle of legal successors can be formalized in several ways:

1. At the notary in the form of one or more documents.
2. Sent by mail (subject to notarization of personal signature).
3. Transferred through an intermediary (with a power of attorney).

But it is worth noting that in practice this does not happen often and most relatives are very reluctant to part with property they have already accepted.

Missing the deadline for accepting an inheritance does not always entail a complete loss of rights to the property of the deceased. If there are truly good reasons, the court makes a decision in favor of the plaintiff and restores his opportunity to enter into inheritance.

But not every heir who finds himself in such a situation understands what circumstances are valid and how to competently prove their existence. In this matter, the help of an experienced and legally savvy specialist will be very useful.

The lawyers of the portal https://ros-nasledstvo.ru are ready to provide it free of charge; to do this, you just need to fill out the electronic form and wait a few minutes.

• describe your situation to a lawyer in an online chat;
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Many people miss the deadline for entering into an inheritance for a variety of reasons. And if there is a desire and (or) need to formalize rights to the property of the deceased, then the acceptance period will have to be restored. In this text, we will look at how to enter into an inheritance if the deadline is missed and why you need the help of a lawyer.

1. What is the time limit allowed by law?
2. Grounds for reinstatement
3. Ways to restore the deadline
4. Contacting a notary
5. Judicial option for reinstatement

What is the time limit allowed by law?

Expert opinion

Makarov Stanislav Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

The Civil Code gives 6 months to accept an inheritance. The countdown starts from the date of death of the testator. This period applies to priority heirs who have a priority right to receive the inheritance.

The same 1/2 year is also allocated for those heirs who acquire the right to inherit in the event of the removal of the primary heir from the inheritance, the recognition of the heir as unworthy, or his refusal to accept the inheritance. But the period begins to run from the next day after the foundation arises.

But those heirs who receive the right to inheritance only in the event of the departure of previous heirs must accept the inheritance in the period from 7 to 9 months from the date of death of the testator.

But many people interpret the legislation slightly differently, or for other reasons are late to the notary. For example, some are of the opinion that you need to apply for an inheritance no earlier than 0.5 years from the date of death of the testator.

And such a dangerous misconception, as well as other reasons for not applying for an inheritance, lead to the fact that the deadline for accepting an inheritance must be restored.

Fixed time

Registration of inheritance rights by law. his restoration, regardless of the reasons, is regulated by the Civil Code. It also establishes that the period for accepting an inheritance expires within six months from the date of death of the testator. This means that during this period you need to submit an application and confirm your rights at the notary’s office. Moreover, in the event of the actual death of the testator, the six-month period is counted from this date, and if, for example, a person died during the execution, the document recognizing the death will be considered the countdown date.

In connection with the above, if you do not declare yourself in time, you can lose the property due by law, even though the waiver was not written. Inaction is equivalent to refusal. Here, acceptance of the inheritance after the expiration of the established period will be possible only through the court. If he admits that a number of reasons for the loss of time were valid.

If a court decision decides to extend the inheritance period, which has passed, the property divided between other heirs will be divided again, but taking into account the citizen who filed the claim.

Grounds for reinstatement

Before you figure out how to formalize an inheritance if the deadline is missed, it is worth understanding in which cases it can be restored and in which it cannot. The law provides that a missed deadline can be restored if there is a reasoned justification for missing it. These include:

• reasons inextricably linked with the personality of the heir (business trip, serious illness);
• lack of knowledge about the opening of an inheritance (excluding options when the heir could, but did not, find out about the death of the testator).

But, alas, most often the deadline is missed for completely unjustifiable reasons. The most common “reasons” for missing a deadline for which it cannot be restored:

• lack of knowledge of legal norms about the timing and procedure for accepting an inheritance;
• lack of information about the inheritance (except for cases where another heir, in order to increase his share, concealed the inheritance);
• short-term loss of ability to work due to a health disorder (except for diseases requiring long-term rehabilitation);
• no one reported the death of the testator (except for cases where other heirs deliberately concealed the fact of the death of the testator);
• I did not have time to arrive to formalize everything (except for cases when the heir was on a business trip without the opportunity to send an application for acceptance of the inheritance).

But there are situations when it is not necessary to restore the deadline. We are talking about the actual acceptance of an inheritance without contacting a notary.

The need for a title document, which is a certificate of inheritance, arises only in situations where it is necessary to make transactions with property. And how to restore the missed deadline for entering into inheritance in such a situation? There is no need to do this - it is enough to go to court to establish the fact of acceptance of the inheritance.

But in other situations, the period will have to be restored, otherwise the inheritance will not be received.

Contacting a notary

There is a conciliatory procedure for reinstating the term. The validity and unworthiness of the reasons need not be proven in the case of registration of rights to inheritance through a notary. But for this you will have to obtain the consent of all the heirs who accepted the inheritance.

If everyone agrees that the late heir is worthy of the inheritance and are ready to “share” their share with him, then everyone who accepted the inheritance will have to notify the notary of their consent. You need to contact the same notary who opened and handled the inheritance case.

You don’t have to appear in person - it’s enough to hand over a document certified by another notary through a representative (a power of attorney is issued) or by mail (by a valuable registered letter with a list of attachments and a return receipt).

Consequently, a conciliation procedure is impossible for situations where the inheritance is not accepted by anyone at all. It will also be impossible to formalize everything through a notary if there is at least 1 dissatisfied heir who does not want to allow the latecomer to access the property of the deceased. And then you will have to go to court.

The right to accept and not accept an inheritance

People constantly turn to lawyers with questions, albeit in different formulations. Their essence boils down to one thing: the consequences of failure to accept the property of the deceased within the prescribed period. But, as follows from the very formulation of the question, this can only threaten the lack of rights to property that remains after the death of the testator.

Since each citizen independently decides whether he accepts the inheritance or not (with the exception of those incapacitated by age or by a court decision - a guardian or legal representative does this for them). And therefore, failure to accept the inheritance on time can be regarded as a fundamental refusal to accept the inheritance. Consequently, the heir acquires neither the rights nor the obligations of the testator. This is quite convenient in cases where the testator’s debts significantly exceed the value of the inheritance.

But if a citizen wants to accept an inheritance, he will still have to contact a notary to submit the relevant application. And since the application can be submitted through a representative or by mail, this significantly narrows the legal grounds for ignoring the deadline due to the distance of the heir from the place of opening of the inheritance. And they will have to be indicated when the deadline is restored in the event of a trial.

Judicial option for reinstatement

You need to act through the court if:

• not all heirs agree to admit a latecomer;
• there are no heirs who accepted the inheritance.

When heirs turn to a lawyer for help with the question of how to accept an inheritance if the deadline has been missed, many immediately assume that they will have to act through the courts. But here an experienced lawyer can offer a slightly different course of action. For example, this method was implemented by Alena Ch.

But if the heir did not perform any actions that would establish him as the heir who actually accepted the inheritance, he will have to restore the term through the court. To do this you need:

• collect evidence - extracts from business trip orders, doctors’ reports on illnesses, call printouts as confirmation of a rare personal connection with the testator, witness statements, etc.;
• coordinate the justification for the omission with the evidence presented;
• determine the defendant in the statement of claim (other heirs, municipality, Russian Federation);
• prepare a statement of claim in which you briefly but comprehensively describe the current situation;
• collect documents confirming the right to inheritance;
• send a statement of claim to the district (city, interdistrict) court at the location of the inheritance (if we are talking about real estate) or at the location of the defendant (if the dispute is about non-property rights);
• take part in the process and present arguments in court to substantiate your position;
• receive a court decision in your hands.

If the decision is satisfactory, the heir is immediately confirmed in his rights. If the claim is refused, the heir has the opportunity to appeal the court decision to a higher authority.

Difficulties with acquiring an inheritance will certainly arise if you do not meet the deadline for its acceptance. In this article, we will figure out how to restore the deadline for accepting an inheritance and what you will need the help of a lawyer in Moscow.

1. Ways to restore the deadline
2. Judicial order
3. How to restore the term for inheritance in court

Judicial order

Before going to court to restore the deadline for accepting an inheritance, you should make sure that the reason for the omission is quite valid. That is, the heir did not apply for the inheritance on time not because he did not want to, but because he did not have the opportunity. Therefore, the following grounds will be valid:

• the person did not know and, in principle, could not find out about the opening of the inheritance;
• the heir could not apply for the inheritance due to the nature of his condition (helplessness, disability, serious illness, etc.);
• the person was sent on a long business trip, and on the spot did not have the opportunity to contact persons authorized to confirm documents on acceptance of the inheritance, or could not be notified of the death of the testator.

In principle, there is no specific list of “valid” grounds in the legislation. It is assumed that in each specific case the court will determine whether the heir really missed the deadline for a good reason, or simply:

• did not know legal norms;
• had no information about inherited property;
• I didn’t want to deal with inheritance registration, etc.

And if the court considers the arguments of the late heir not convincing, then the claim will be denied, as happened with Dmitry’s brother Ya.

Moscow resident Dmitry Ya.'s grandmother died.

Since the man’s parents died before the testator, the grandmother’s property should have gone to Dmitry and his brother, who lived in St. Petersburg. However, the brother said that he was not interested in either the grandmother’s death or her property and refused to pay for the funeral and inherit.

Dmitry became the legal heir. After 2 years, Dmitry’s brother began to experience problems with money and decided to sue half of his grandmother’s apartment.

Expert opinion

Makarov Stanislav Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

To do this, he filed a lawsuit to restore the deadline for accepting the inheritance. As justification, he indicated living in another city and the impossibility, due to the work situation, of coming to Moscow to apply for an inheritance.

Dmitry turned to a lawyer for help. The lawyer explained that Dmitry’s brother would not be able to restore the term through the court, since the law allows you to send an application for acceptance of the inheritance by mail or through a proxy.

It is enough to simply write objections to the claim so that the court refuses to satisfy the plaintiff’s demands.

But it also happens that all the heirs missed the deadline for entering into inheritance. In this case, the procedure should be started by the one who has the “most compelling reason”, which will be considered by the court and considered sufficient by it to extend the period.

As soon as the heir is established in the inheritance, he will be able, by his decision, to admit the remaining heirs to the inheritance. But, as an option, there may be several plaintiffs in the case (as well as several defendants).

In addition to the presence of a good reason, the court will necessarily require the heir to comply with the deadlines for filing the claim. After all, a person is given only 0.5 years to appeal to the judicial authorities. The countdown begins from the moment the valid reasons disappear.

What will happen to the property if you do not take ownership?

There are seven lines of successors. Representatives of the first priority can claim the property first. The next line can receive the rights of heirs only if there are no representatives of the previous one. What will happen to the property if you do not inherit? It will be transferred to representatives of the next line. That is why, long after the death of the testator, it is so difficult to take over the rights. Heirs who have already received property are unlikely to give it up. Moreover, this can be done while in another city.

If you do not inherit, the issue with the apartment will be resolved in a similar manner. Its shares will be distributed among representatives of the subsequent queue.

How to restore the term for inheritance in court

If there is good cause, a person must prepare for trial. To do this you will need:

• collect evidence confirming a valid reason for missing the deadline;
• prepare papers determining the heir's right to inheritance;
• identify defendants in the case;
• draw up a statement of claim.

The defendants are the persons who accepted the inheritance and who do not allow the late heir to peacefully “join” them. But if the property is not accepted by any of the heirs, then it becomes escheated. Therefore, the claim must be directed:

• to the municipality or similar body in case of inheritance of real estate and similar objects;
• to the Russian Federation in case of inheritance of other property.

In principle, the complexity of filing a claim is low if there are “reinforced concrete” grounds that guarantee restoration of the deadline. However, such situations are rare - as judicial practice in Moscow shows, at best, every 10 claims are satisfied.

The situation in the regions is slightly better. And in many situations, the problem lies precisely in the incorrect preparation of the claim and evidence in the case.

Therefore, preparing a claim should be carried out in close contact with a lawyer, or even entrust a specialist with drawing up an application to the court.

The claim is sent to the city (district) court, and the choice of the territorial body depends on whether there is real estate in the inheritance. If it exists, the case is considered at the location of the real estate. And if there is no such property, then the trial will take place at the defendant’s place of residence.

The inheritance procedure must be completed in compliance with the established deadlines. If it is missed, the citizen risks losing his rights to property. Restoring the deadline for accepting an inheritance is possible only if there are good reasons.

In the article, we will consider in what time frame you need to contact a notary in order to inherit property, what are the consequences of delay, how the reasons for late application affect the restoration of the deadline, and how to restore your rights to inheritance.

1. When should you enter into an inheritance?
2. Consequences of missing a deadline
3. How do the reasons for missing the deadline for entering into an inheritance affect its restoration?
4. How to restore the missed deadline for accepting an inheritance?
5. Judicially
6. By agreement with other heirs
7. Legal assistance in cases of restoration of missed deadlines

How to enter into an inheritance on time?

If a person has completed one of the following actions within 6 months, then he has assumed the rights of an heir, and he does not need to restore them in court:

1. Submitting an application to a notary office . Additional documents must be attached to the application. For example, documents confirming a family relationship with the deceased. Not all papers can be on hand. You need to contact a notary with at least an application in order to open a case and not miss deadlines. How kinship is established during inheritance, read here;
2. Actual entry into the rights of an heir . If the heir, within 6 months, has not presented his rights at the notary's office, but he actually disposes of the property, an actual entry into the inheritance takes place. This means, for example, living in an apartment, its maintenance, and paying for utilities.

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In the second case, you need to confirm the actual entry into rights.

To prove the actual acceptance of an inheritance, the following are suitable:

• witness's testimonies;
• receipts paid by the heir;
• a certificate stating that the heir lived in the same apartment with the testator.

Any information indicating the presence of the following circumstances is needed:

• Property management;
• Expenses for its maintenance;
• Payment of debts of the testator;
• Receiving sums of money from the debtors of the deceased.

Typically, the existence of these conditions must be confirmed in court. A person is sent to court if the notary decides that consideration of this issue is beyond his competence.

When should you enter into an inheritance?

The procedure for entering into inheritance is regulated by Chapter 64 of the Civil Code of the Russian Federation. All applicants, regardless of the basis for inheriting property, must exercise their right within six months from the date of opening of the inheritance.

Taking into account the circumstances of the death of the testator, the six-month period begins to run from the following moment:

• from the date indicated on the death certificate;
• from the moment a court decision to declare a citizen dead comes into force;
• from the date of the presumed death of the testator specified in the court decision.

Article 1154 of the Civil Code of the Russian Federation establishes special deadlines for the case when the main heirs are found unworthy or have renounced their claims. In such a situation, other relatives of the deceased act as legal successors in order of priority. For them, the period begins to run from the moment the rights to inheritance arise.

Something to remember! According to Article 191 of the Civil Code of the Russian Federation, the countdown of the period begins the next day after the date of the occurrence of the event that determines its beginning. If the period is calculated in months, then it expires on the corresponding date of the last month.

Example 1. Stepanov I.A. died January 17, 2019. The legal heirs are two children and the wife of Stepanova E.V. On the same day, the registry office issued a death certificate. Within six months, the heirs must contact a notary to obtain a certificate of right to inheritance. The period begins to count from January 18, 2020 and expires at 24 hours on July 18, 2020.

Example 2. Alekseev S.V. is a military man. On June 15, 2020, he was sent to a military conflict zone. On December 25, 2020, hostilities ceased. However, Alekseev S.V. missing, not found among the dead. For two years he never showed up. According to the statement of his relatives, on January 15, 2020, the court declared him dead. Owned by Alekseev S.V. There is a three-room apartment and a car. The heirs must have time to accept the inheritance from January 16, 2019 to July 16, 2020.

What to do if the testator did not leave a will?

If the testator did not leave a will, then the inheritance is transferred to the closest relatives - the heirs of the first priority, specified in Article 1141 of the Civil Code of the Russian Federation. If there are no such people or they have refused the inheritance, then it is the turn of the second-order heirs and so on. An inheritance under the law is formalized in exactly the same way as an inheritance under a will, only instead of a will, the notary must provide documents confirming the relationship with the deceased.

To do this, it is necessary to submit a number of documents, from which it will become clear how distant relatives are connected through other family members. Here are the simplest examples. You can prove your relationship with your father and mother using your birth certificate, with your grandparents using the birth certificate of one of the parents who is their child, and in some cases a marriage certificate to explain the difference in surname.

And to prove your relationship with an uncle or aunt, you must provide three birth certificates - yours, your uncle's or aunt's, as well as a parent who is related to the deceased, so that it can be seen that your parent and the testator are children of the same parents. For each situation, the notary will tell you what documents can confirm the relationship.

You may be interested in: Pre-trial dispute resolution.

Consequences of missing a deadline

If the deadline for accepting the inheritance is missed, the notary will not accept the application. When inheriting by law, the right to property passes to the next relatives. If succession is carried out according to a will, then if the deadline is missed, the legal heirs of the first priority become legal successors.

Example 3. After the death of Ananyev N.N. There remains a two-room apartment, a garage and a car. The deceased did not make a will, was not married, and has no children. By law, the property should go to his mother. She had to contact the notary before June 3, 2020. Actually filed the application on June 4, 2020. The notary refused to accept the application due to missing the six-month deadline and recommended going to court to have it reinstated.

Important! In inheritance law there is the concept of actual acceptance of inheritance. It means the actions of the successor to use the inherited property, taking measures to preserve and protect it, and maintain it at his own expense. If a citizen has completed these actions within a six-month period without contacting a notary, he is considered to have entered into his rights and can issue a certificate at any time.

Example 4. Odintsova E.V. is the only heir of her father. During his lifetime, they lived together in a three-room apartment. After her death on August 25, 2020, her daughter continued to pay utility bills, renovated the bathroom, and paid property taxes. The heiress had to apply to the notary for a certificate before February 26, 2020. Actually filed the application on August 19, 2020. Attached to it were receipts for payments for utilities, an agreement and checks for contract work, and a payment order for tax payment. The notary established the fact of acceptance of the inheritance and issued a certificate.

How do the reasons for missing the deadline for entering into an inheritance affect its restoration?

According to Article 1155 of the Civil Code of the Russian Federation, a citizen who has missed the deadline for accepting an inheritance has the right to apply to the court for its restoration. When considering the claim, it is determined whether the reasons for the delay were valid or not.

The law does not contain a list of valid reasons. This issue is left to the discretion of the judge. As can be seen from judicial practice, a citizen can count on a positive decision if:

• I have not communicated with the testator for a long time and did not know about his death;
• the testator has gone missing;
• the heir was not notified of the fact that the testator was recognized as deceased;
• the legal successor was seriously ill and did not have time to submit an application on time (was in a coma, had a stroke or heart attack, had difficulty moving);
• the heir lives in another country and could not come due to a refusal to issue a visa.

In each case, the issue is resolved individually.

The following circumstances will not be considered valid:

• short-term health disorder;
• lack of information about the composition of inherited property;
• ignorance of inheritance laws.

To restore the missed period, it is necessary to apply to the court with an application within six months from the moment the citizen learned about his right.

Nuances

Russian legislation provides for the possibility of two ways to accept inherited property:

1. Write an application to a notary;
2. Actually accept the inheritance.

The latter is possible when the heir takes real measures to use, own, improve and store the property. In this case, there is no need to restore the deadline. Recognition of the fact of acceptance of the inheritance is sufficient.

A trial is scheduled, during which testimony, rent receipts, or a contract with a contractor to carry out repairs are provided. Actual adoption is most likely if the heir lived with the testator and is registered at the same address.

How to restore the missed deadline for accepting an inheritance?

If the heir misses the deadline for accepting the inheritance, he has the right to file a claim in court demanding its restoration. The court allows the issue to be resolved out of court with the consent of the other heirs. Let's look at both options in more detail.

Judicially

What documents should I prepare?

Before filing a claim, it is important to collect documents confirming the valid reasons for the delay. The list of evidence includes:

• death certificate of the testator;
• confirmation of family relationship;
• acts on assessing the value of property;
• written refusal of the notary to issue a certificate;
• medical documentation;
• travel documents;
• refusal to issue a visa to enter the Russian Federation;
• other documents.

If necessary, witnesses are invited to participate in the case.

What is the state duty?

Expert opinion

Makarov Stanislav Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

You will need to pay a state fee to file a claim. Its size is calculated on the basis of clause 1 of part 1 of Article 333.19 of the Tax Code of the Russian Federation and depends on the size of the claims.

Important! To determine the exact amount of the state duty, you must use the data from the property value assessment report.

The plaintiff can pay the state fee in several ways:

• at a bank branch;
• via Internet banking;
• via an ATM or terminal;
• at the post office.

To confirm the fact of payment, a payment order or receipt is attached to the claim.

How to file a claim?

The statement of claim is drawn up according to the rules of Article 131 of the Code of Civil Procedure of the Russian Federation. The text must indicate:

• name of the court;
• information about the participants in the process (full name, contacts, addresses);
• circumstances of the testator's death;
• information about family relationships;
• reasons for delay and confirmation that they are valid;
• requirement to restore the term;
• list of applications;
• date and signature.

If difficulties arise when drawing up a claim and preparing evidence, it is recommended to entrust the legal case to an experienced lawyer.

The claim is drawn up in several copies for the court and the defendants. The plaintiff's copy is marked with registration.

Dispute consideration procedure

After accepting the documents, the court invites the participants to the hearing. By the appointed date, the heirs submit objections to the claim.

The plaintiff and defendant are heard at the hearing. If necessary, witnesses are invited. If the heir proves that the reasons are valid, the court will make a positive decision. It takes 2-3 months to consider the case.

By agreement with other heirs

In the event that other heirs have exercised their right on time and do not object to the newly announced heir, the period for entering into inheritance can be restored by mutual agreement without going to court (Part 2 of Article 1155 of the Civil Code of the Russian Federation). The consent of relatives must be expressed in writing.

How to obtain consent from relatives?

The applicant for property notifies all heirs of his claims and conducts a conversation with them. An explanation will be required regarding the reasons for the delay.

Then written consent is drawn up. The text must include the following information:

• name of the notary office;
• information about the applicant (full name, contacts, degree of relationship);
• information about the new heir (full name, degree of relationship);
• information about the testator (full name, degree of relationship);
• consent to be included in the number of heirs;
• date and signature.

The application is submitted to the notary who conducted the inheritance case.