Concept
Inheritance is the taking of certain property into ownership by law or by will.
You can inherit anything - things, property, money, a plot of land or other real estate. If the testator, that is, the owner of the property, has made a will in favor of a specific person, then it is he who will receive this property.
If a will has not been drawn up, then the property will be distributed among relatives according to their order.
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Features of document submission
After the death of the testator, his heirs, regardless of whether the will is drawn up in favor of a specific person or not, must visit any public notary. It is not necessary to go to the one that was “attached” to the address of the deceased. It is enough to know the address at which the deceased was registered and provide it to the notary. You must write an application to the notary and present the documents to him.
Depending on whether there is a will or not, the package of documents will be slightly different. But, there are also general documents that must be presented to the notary in any case.
This:
- the statement itself. It is drawn up directly from the notary on a special form;
An example of a document can be viewed here.
- death certificate of the testator, that is, the father;
- a certificate from the Federal Migration Service about the last place of registration of the late father;
- applicant's passport. A copy of it will be made by a notary, and then certified by him;
- a document confirming that the heirs have paid a fee for opening and maintaining an inheritance case.
If there are several heirs, but some of them do not want to give documents to others, thereby preventing them from receiving an inheritance, you can make an official request through a notary to receive documents from the archive. And such heirs may be recognized by the court as unworthy, which will entail deprivation of their part of the inheritance.
In law
If the deceased parent did not leave administrative papers regarding his property, then inheritance will occur according to the law, that is, in order of priority.
Children, regardless of age, are first- line heirs.
But, you need to prove to the notary your relationship with the deceased. If the child has not yet received a passport, then a birth certificate will be sufficient. Even if you have a passport, you must present the original old certificate. If the child changed his last name, then the originals of the relevant documents.
By will
The testator can make a will in favor of any person, not necessarily his relative. But we should not forget about those relatives who have the right to an obligatory share in the inheritance.
In Art. 1149 of the Civil Code of the Russian Federation provides a complete list of citizens who have the right to receive a share in the inheritance, even if a will has been drawn up and they are not indicated in it.
This:
- incapacitated and disabled children of the deceased, including children under 18 years of age ;
- his parents, who are also disabled or incompetent;
- other incapacitated and disabled relatives who were actually dependent on the deceased, including his spouse.
There are a few more nuances:
- their right is satisfied from the intestate property, even if this leads to a decrease in the share of other legal heirs;
- if such property is insufficient, then the allocation of the share will take place from the bequeathed property;
- if it is not possible to satisfy the right of obligatory heirs, then the court may refuse to allocate a share to such an heir.
Therefore, if there is a will, but the deceased father also has children who meet the requirements of Art. 1149 of the Civil Code of the Russian Federation , then it will not be possible to bypass them.
To enter into an inheritance, you must present the will to the notary, or inform him that it was definitely drawn up by a specific notary.
But it may also be that the heir is sure that there was a will, but does not know which notary it was executed by. Then you need to make a request to search for a will in a single database.
Children aged 14 to 18 years
Starting from the age of 14, children can independently participate in transactions with the consent of their legal representatives (Article 26 of the Civil Code of the Russian Federation). That is, the heir can independently visit the notary and submit an application for registration of the inheritance.
Parents can provide written consent simultaneously with the child’s application or within a 6-month period .
If a 16-year-old teenager has undergone the emancipation procedure, then after receiving full legal capacity he can perform legally significant actions independently. The rule applies to the acceptance of an inheritance and the sale of inherited property.
Sequence
In relation to the deceased, relatives have their own priority.
The exact order of inheritance according to the law is prescribed in Art. 1142 – 1146 Civil Code of the Russian Federation .
The heirs of the first stage include, according to Art. 1142 Civil Code of the Russian Federation:
- children of the deceased;
- his parents;
- spouse.
All other relatives inherit in order of degree of relationship, if there are no heirs in the first line or they do not enter into the inheritance. As can be seen from Art. 1142 of the Civil Code of the Russian Federation , children are heirs of the first priority, and inherit on an equal basis, if there were no other orders, with the wife of the late father and his parents.
Can a minor child be an heir?
Any citizen can be an heir. However, only a fully capable subject can turn to a notary to register property. Citizens under 18 years of age act through legal representatives.
Minors inherit property after death by law:
- mothers;
- father;
- grandmothers;
- grandfathers;
- brothers;
- sisters.
And also in the event of the death of other relatives, provided that they are included in the inheritance line.
Is it possible to leave an inheritance to a child who has not reached the age of majority? Yes. However, the heir will not be able to dispose of the property independently.
Deadlines
In Art. 1154 of the Civil Code of the Russian Federation states that the heirs, regardless of whether there is a will or not, have six months to declare themselves as such.
The law provides for missing this period, and then its subsequent restoration, but only in court, and only if there are good reasons.
The law does not clearly interpret the concept of “good reason”, but, as judicial practice shows, these include:
- long-term illness of the heir;
- his residence in remote wilderness areas;
- living abroad;
- long business trip;
- other reasons that the court considers valid in each specific case.
Methods for a child to accept an inheritance
The law provides for the following options for accepting an inheritance:
- notary;
- actually.
However, the notary will not take into account evidence of the actual acceptance of property by a minor.
The legal representative must prove that he took the necessary actions in the interests of the child:
- for the protection of inherited property;
- on the use of the property of the deceased;
- to accept or pay the debts of the deceased.
Thus, in the event of actual acceptance of the inheritance, the actions provided for by law must be performed not by the child, but by his representative.
Documentation
To receive an inheritance after your father, you must submit documents to any public notary, as well as write an application.
Statement
This is a document that confirms in writing the child’s desire to accept the inheritance after the death of his father. The application is drawn up on a form issued by a notary.
An example document is presented here.
It must contain the following information:
- about the notary who will open the inheritance case;
- personal data of the heir;
- basis for inheritance - by law or by will;
- personal data of the deceased;
- the address at which he most recently resided;
- date of his death;
- confirmation of your desire to accept the inheritance from your father;
- data of other heirs by law, if any;
- data of other heirs under the will, if any;
- describe in detail the property that the applicant wishes to inherit, indicate its location;
- The application must be signed and indicate the date on which it was filled out.
If the heir does not have information about the property that he is going to accept, and also does not know the exact date of his father’s death, where he lived, and whether he has other heirs, then these lines in the application do not need to be filled in.
But then the notary will have to find out. He will make appropriate requests as an official.
If the heir cannot personally deliver such a statement to the notary, he can:
- send it by mail;
- or transfer it through a proxy.
But then he must first have his signature notarized. The heir must attach a package of documents to the application.
Don't know who is considered the heirs under the will? Read about this in the article: who can claim an inheritance if there is a will. About when to enter into an inheritance after the death of parents, it is written here.
Additional
The following documents may be required:
- heir's passport. This is a mandatory document;
- certificate of opening of inheritance;
- father's death certificate;
- a document confirming the degree of relationship with the deceased;
But, since we are talking about receiving an inheritance after the father, it will be enough to present the original birth certificate.
- an extract from the house register confirming the joint or separate residence of the heir and the testator;
- documents for all property that is inherited;
- if there is a will, then it must also be presented to the notary.
There is no need to make copies of documents in advance. The notary will do them himself and certify them.
In addition, the heir must evaluate the inherited property.
This is necessary in order to calculate the amount of duty payable.
Is it necessary to enter into inheritance rights?
Receiving an inheritance is a personal matter for everyone. The legislator does not oblige the relatives of the deceased to take upon themselves all the burdens and concerns associated with the property of the deceased. After all, by accepting an inheritance, the successor is also responsible for all the property obligations of the testator. And these can be loans, mortgages and other debts.
Moreover, according to the law, creditors have the legal opportunity to claim debt from heirs. Therefore, before entering into the inheritance process, you need to think repeatedly about whether it is worth doing.
Power of attorney
The application, along with all documents, must be submitted within six months after the death of the father.
If the heir, for some reason, cannot do this in person, he can send his representative by issuing a notarized power of attorney in his name.
The text of the power of attorney must include:
- data of both parties;
- a list of powers that are transferred to the attorney;
- the rights with which he is endowed and which are interconnected with the delegated powers.
A power of attorney transfers the authority to transfer an application and documents to a notary. But the principal can expand these powers.
Therefore, the power of attorney must also indicate:
- testator's data;
- place of registration of inheritance;
- date of opening of inheritance.
A power of attorney to conduct an inheritance case must be:
- certified by a notary;
- registered in Rosreestr.
In order for a notary to certify a power of attorney, it is drawn up on a special form and contains the following information:
- place and date of execution of the power of attorney;
- full personal data (exactly as in the passport) of the heir, who is also the principal;
- the same information about the attorney;
- an exact list of delegated powers;
- a list of property in respect of which the attorney has the right to perform certain actions;
- the period for which the power of attorney is issued;
- signature of the principal;
- date of certification of the power of attorney;
- details of the notary who certifies the power of attorney;
- name of the notarial district;
- registration number of the power of attorney.
Do you want to know who can claim an inheritance if a will has not been drawn up? Look for information about this in the article: who has the right to inheritance if there is no will. Do you know whether a common-law wife has the right to inherit after the death of her husband? Read here.
How the recognition of property rights and the establishment of the fact of acceptance of inheritance occurs is written here.
At what age can you dispose of an inheritance?
The owner has the right to freely own, use and dispose of inherited property from the moment he turns 18. From this moment on, full legal capacity appears on the territory of Russia.
The exception is emancipated citizens. Emancipation refers to the early acquisition of legal capacity before reaching a specified period.
Emancipation is possible from the age of 16 if:
- the child works under an employment contract;
- the minor got married;
- child is engaged in entrepreneurial activity
To formalize emancipation, the consent of the legal representative or a court decision is required (in case the legal representative refuses to issue consent).
A citizen is vested with full legal capacity from the moment:
- making a decision from the district guardianship department;
- giving a court decision legal force.
Certificate
The result of all the above actions is that the heir receives a certificate of ownership.
It is issued on a strict reporting form, has its own unique details, and is the basis for registering ownership of the received property.
If there are several heirs, then each of them receives such a certificate specifically for their share of the deceased’s property.
The certificate is certified by a notary. A sample is presented here.
It contains the following information:
- notary data;
- heir data;
- basis of inheritance - by law or by will;
- description of inherited property.
Right to inheritance by law after the death of a spouse
This case is very interesting in inheritance cases. It is interesting because in addition to all the shares that are due to relatives (parents, spouse and children) by law, there is a special share. This share is called the spousal share . The peculiarity of this share is as follows:
- it is allocated from the common marital share, which was acquired through common efforts during the period of marriage;
- Having allocated this share, the spouse also claims to receive part of the property that belonged to the deceased and should be divided among all relatives.
Each heir must enter into inheritance rights within a 6-month period after the death of the testator.
