How to refuse an inheritance in favor of the state?

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Document type: Application

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APPLICATION FOR REJECTION OF INHERITANCE (SAMPLE) To ________________________________ notary office of the city __________ from _______________________________ (full name) residing at the address: __________ __________________________________ APPLICATION FOR REJECTION OF INHERITANCE I, _______________________________, renounce what is due (full name) ) I share the inheritance in the property _____________________________________, (full name, degree of relationship) of the deceased “__”______________ 20___ “__”___________ 20___ ________________ (signature) COMMENTS: ———— According to Art. 550 of the Civil Code of the RSFSR, the heir by law or by will has the right to refuse the inheritance within six months from the date of opening of the inheritance. An application for renunciation of inheritance must be formalized by a notary. Otherwise, if the deadline for submitting it is missed, it will not be accepted, since the six-month period for this type of transaction is preemptive and cannot be extended even in court. An application is submitted to the notary office at the place where the inheritance was opened. Refusal of an inheritance is not permitted if the heir has previously submitted to the notary office at the place where the inheritance was opened an application to accept the inheritance or to issue him a certificate of right to inheritance. On the other hand, if the heir refuses the inheritance, he cannot accept it. Refusal of inheritance can only be declared by a legally capable person. Parents (adoptive parents) can abandon heirs for minor heirs on the basis of Art. 133 CoBS of the RSFSR, but only with the consent of the guardianship and trusteeship authorities (local administration).

Download the document “Sample. Declaration of renunciation of inheritance"

Grounds and rules for refusal of inheritance

You can write a statement of refusal of inheritance for various reasons and reasons, which can be indicated in the content.

For example, if:

• the inheritance turned up far from your place of residence and, in principle, you do not need it. You don’t even have to go to write an application to renounce an inheritance, but, having it certified by a notary in your city, send it by registered mail to the address of the notary who sent the notice of the existing inheritance;
• the remaining inherited property at an estimated value is less than monetary debt obligations (as an option, a large loan amount);
• there is a large debt on mandatory payments for property inherited;
• decided to renounce their part of the inheritance in favor of a specific person who has the right to a share of the inheritance or by will.

When refusing an inheritance, you must adhere to the basic rules:

• Only a legally capable person can refuse. Those who have not reached the age of majority at the time when the inheritance is opened, who are limited in full or partial legal capacity, can write a statement of refusal of the inheritance only with the consent of the guardianship council;
• you cannot refuse to accept an inheritance with reservations or by setting conditions to determine in what case you receive the inheritance;
• Having refused the inheritance, remember that you will not be able to return the rights to receive the inheritance;
• you cannot refuse a share of the inheritance
• It is impossible to write a waiver of inheritance if you have previously submitted an application to accept the inheritance.

Impossibility of refusal

You cannot refuse to inherit so-called escheated property. In this case, escheatable property means property that no one claims.

It is missing:

• heirs determined by will or law;
• heirs who have the right to claim this property;
• the heirs are deprived of inheritance by the deceased;
• no one began to accept the inherited property;
• the heirs, refusing the inheritance, did not indicate in whose favor they were doing this.

Refusal is not allowed if:

• mandatory share;
• if the will specifies the person who will inherit the bequeathed property in the event of his death;
• in favor of a person whom the deceased disinherited;
• in favor of a person who is not related to the heir.

Basic principles and procedure for renouncing inheritance

There are situations, stipulated by the legal norms of the Russian Federation, when it is impossible to refuse an inheritance in favor of specific individuals. This is impossible:

• if, according to the contents of the order of the deceased, all property is transferred to you;
• in cases where a mandatory share of the inheritance is due;
• The contents of the will indicate another person to whom the rights of inheritance are transferred in the event of your refusal.

The period for renunciation of inheritance, as well as for entering into rights, is six months from the date of death of the testator.

Unlike the possibility of extending the missed period through the court when accepting an inheritance, in case of refusal of it, such a possibility does not exist.

But, if in fact the heir did not accept the inheritance, this fact can certainly be proven in court.

In order to renounce an inheritance, it is necessary to personally, in some cases, perhaps through your representative, who has an appropriately executed power of attorney, submit an application to the notary office at the place where the testator lived, or where the main part of the inherited property is located.

It is possible to send the application by mail, preferably with notification of receipt. Registration of your application for refusal with a notary is sufficient; this is where the procedure for registering refusal to receive an inheritance ends.

If within six months you do not apply to accept the inheritance, in such cases, also after the expiration of the period, it will be considered that you have refused to accept the inheritance.

After officially entering into inheritance rights, it is also possible to refuse it within six months after the inheritance was opened.

Methods

Current legislation provides for the following options for refusing inheritance:

• passive;
• absolute;
• address.

As stated above, inaction is equivalent to filing an application for refusal. Moreover, this method has several advantages:

• saving time;
• exemption from payment of fees;
• the opportunity to change your mind (after an official refusal is issued, it will no longer be possible to change the decision).

In addition, if the heir misses the deadline for filing documents, he can subsequently restore them through the court. To do this, you will need to prove the existence of valid reasons for absence. These include staying abroad, serious illness, misleading other heirs, etc. Each of these grounds must be documented.

If a citizen wants to renounce a share in the inheritance in favor of another person, he needs to submit an application to a notary. Regarding the provisions of Article 1158 of the Civil Code of the Russian Federation, the share of the refusenik passes to the legatee in full.

How to formalize a refusal of inheritance, and what documents are needed for this

In order to formalize a written refusal of an inheritance, it is enough to register a statement written according to a certain model with a notary. In order for this application to be accepted by the notary, it is of course necessary to attach the following required documentation:

• a passport that certifies the identity of the person applying or, in the case of applying through a representative, when it is not possible to apply on his own - a executed power of attorney;
• certificate confirming the death of the testator;
• evidence confirming family ties with the deceased. This could be a marriage certificate, birth certificate.

Without supporting documents, the application is unconditionally considered invalid.

When entering into inheritance rights, the list of documentation is slightly wider.

Sometimes the question arises of how to formalize a refusal of inheritance if it is impossible to get to the notary dealing with the issue of inheritance due to the distance of the location.

If personal presence or a representative is not possible, the application with the documents attached under the inventory can be sent by certified registered letter with notification by mail.

Any notary can provide you with a sample application for refusal to accept an inheritance, or you can download it on the Internet.

Minor refuseniks

Only a fully capable citizen can refuse an inheritance. Minor citizens do not have the right to take part in property transactions. On behalf of the minor, all operations are performed by authorized representatives - parents, adoptive parents or guardians. From the age of 14, a child can sign documents with the consent of an attorney.

If the objector of the inheritance is a minor citizen, then the guardianship authorities are involved in the process. This requirement is specified in Article 1157 of the Civil Code of the Russian Federation.

To issue a waiver, you must submit the following documents to the guardianship officer:

1. Statement. Written by a parent or guardian. Upon reaching 14 years of age, a child can draw up a document independently.
2. Death certificate of the testator.
3. Passport of an authorized representative.
4. Child's birth certificate or passport (if the applicant has reached the age of 14).
5. Documents confirming relationship with the deceased. A will confirms the right to inheritance.
6. Certificate from the last place of registration of the deceased.
7. Justification of the reason for refusal. This could be a promissory note from the testator or a mortgage agreement.

If the guardianship officer considers the grounds for refusal to be compelling, he will give permission to issue an official refusal. The authorized representative must contact a notary with this document.

If the verdict of the guardianship authorities is negative, the minor citizen will have to enter into inheritance rights. To do this, the authorized representative will need to prepare documents and submit them to the notary.

Types of refusal of inheritance

The main ways to refuse an inheritance:

• write a refusal;
• write a refusal in favor of a certain person;
• do not write anything, do not actually enter into inheritance rights.

Types of refusal of inheritance or its share are divided into the following:

• unconditionally absolute refusal;
• directed refusal (when they refuse in favor of a specific person).

In the event of a directed refusal, this must be indicated in the application for refusal of the will.

The main difference between a directed renunciation and an absolute renunciation, keep in mind that the part of the property that you renounce is not divided among the called heirs, but will go to only one, in whose favor you renounced the inheritance. Samples of how to write an application can be obtained from a notary or on the Internet.

It is possible to refuse in favor of someone, regardless of the order, the only condition is that the person in whose favor the inheritance is refused is an heir by law or will, left during the lifetime of the owner of the property, also inheriting by way of transmission, otherwise the refusal in favor of another individual or legal entity is invalid.

Refusal of the obligatory share of the inheritance, as well as of property that has been bequeathed in full, is not allowed, according to the provisions of the law.

Also invalid partial renunciation of inheritance.

At the same time, if you are an heir under several types, you can refuse the inherited property that is due under one of them or several at once.

Refusal of an inheritance under a will, as well as a renunciation of an inheritance by law or a share of an inheritance, is a document that does not have retroactive force. Therefore, before you refuse an inheritance, you should think carefully about everything and weigh all the pros and cons.

We give a definition

Refusal of inherited property is a documented disagreement , a person’s reluctance to accept it as property, as well as a refusal of the rights transferred to him as an inheritance and the related responsibilities of the deceased. Note that everyone decides for themselves whether to accept the inheritance or not. In this case, a person is given a choice by law.

In other words, entering into an inheritance is a right, not an obligation. There are, however, exceptions specified by law when it is impossible to refuse an inheritance. But more on that below.

Non-acceptance is documented within the established time frame. In order to refuse an inheritance, you first need to write a statement.

What may be the consequences and problems of refusing an inheritance?

Having thought everything over and decided to refuse to receive inherited property, it is necessary to give an account, to have the understanding that along with the refusal come the legal consequences of refusing the inheritance:

• having changed your mind about renouncing property rights to what was owed to you by law or by will, you will be faced with the problem that you will only have to protest the document in court proceedings, challenge the refusal of inheritance, finding good reasons for this, indicating them in the content of the text part of the application;
• by refusing to accept the inheritance, you thereby deprive yourself of any rights to this property;
• Having renounced your part of the inheritance in favor of a specific person, the problem is that you cannot change your mind and change the candidacy.

Sometimes it happens that after writing a refusal, after a couple of days, or even many years, a person wants to withdraw the application and comes to the notary in order to cancel the refusal. The problem is that you won’t be able to cancel anything; you can only resolve this issue through the courts.

In whose favor can a refusal be issued?

If the heir decides to write a waiver, then he can transfer his part of the property to any applicant in his line. For example, the testator’s daughter decided to renounce her share of the inheritance. Since she is one of the first priority applicants, she can issue a waiver in favor of her brother or mother.

When inheriting property by way of transmission, the applicant can transfer his share to one of the close relatives of the deceased successor.

The procedure for alienation of property may change if there is a will. In this case, you can transfer your share only to those citizens indicated in the document.

Invalidation of renunciation of inheritance

A waiver of property rights can be declared invalid or a waiver of inheritance can be challenged only in court.

The grounds for a court to invalidate a refusal and cancel it may be:

• a person, having written an application for refusal of inheritance, was in a state where he could not manage his actions and give a full account of them, having come to a normal state, he wants to challenge the refusal of inheritance;
• refused due to coercion or intimidation;
• was misled and had no idea about the consequences after writing the refusal, and other reasons.

They often refuse an inheritance in favor of a specific person, wanting to accept the inheritance with their own conditions. It is possible to challenge the refusal of such an inheritance, having eyewitness testimony, in court, by writing a statement based on the sample.

The main reasons why a refusal of inheritance can be challenged, and there is a possibility that it will be declared invalid and annulled by the court:

• when by refusing the inheritance you violated legal aspects;
• their refusal to accept the inheritance violated the foundations of law and order or morality;
• in cases where the true nature of the refusal covers the completion of another transaction;
• in cases where an incapacitated person or a minor refused to accept an inheritance without the permission of the person who, according to the content of the rules, should have given permission to write a refusal.

The question is often asked whether it is possible to challenge the refusal of an inheritance after six months from the opening of the inheritance and cancel it.

According to the Civil Code of the Russian Federation, Art. 1154 only within a six-month period can the heir refuse to accept the inheritance, even in situations where, in fact or by writing a statement, the inheritance has already been accepted.

Refusal of an inheritance after 6 months is also possible under the legislation of the Russian Federation, but this procedure is only possible in court, after which the recognition of the fact of accepting the inheritance will be canceled.

To do this, it is necessary to submit a statement of claim with a request to renew the missed deadline, drawn up according to the established template.

Right of residence upon refusal of inheritance

When you refuse an apartment, keep in mind that you will only have the right to live in it if you have the right to lifelong residence.

The rights of eternal registration (in the concept of the possibility of lifelong residence) in the Russian Federation are given in the following cases:

• if during the privatization of an apartment you refused in favor of other family members, this gives you the right to use this residential premises indefinitely;
• if the apartment was transferred by refusal of the will, then it is possible to live in it within the time limits specified in the contents of the will itself;
• if the apartment was purchased from a building society and you are a shareholder, then, even if you are not the owner of this apartment, by definition you can continue to live in it.
• If there are children registered in the apartment who are under 18 years of age and are in child care institutions, they retain the right to live in it. There are other nuances. Each case must be considered in more detail.

Features of escheat property

The norms of Article 1151 of the Civil Code of the Russian Federation define the concept in which cases inherited property is recognized as escheat:

• there are no relatives at all, then the escheated property can be inherited by friends or acquaintances of the deceased heir, or by any organizations and institutions;
• heirs do not have the right to receive an inheritance in accordance with legal norms, that is, unworthy, the inherited property is, of course, escheated;
• in cases where the inheritance was not accepted within the prescribed period, although in life it happens that by a court decision, such property is accepted later, then the decision to recognize the property as escheat is canceled;
• in cases where all the heirs refused to accept the inheritance, the property becomes escheated, and appeals by other persons are not taken into account.

Typically, escheated property is alienated in favor of the Russian Federation and various government bodies, which do not have the right to refuse it.