In order to be able to dispose of the testator's property, applicants for it are required to go through the procedure of entering into inheritance. The first step will be to submit an application for acceptance of the inheritance.
With the help of this document, the heirs express their consent to accept the property of the deceased. Let's consider what are the requirements for completing such an application and what types of it exist.
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Where and how to write an application for inheritance
Before writing an application for inheritance, you need to take care of collecting related documents. The candidate heir must provide the notary with the following documents:
- Heir's passport.
- Certificate of death of the testator (a court decision declaring the testator dead is allowed).
- Documentary confirmation of information about the last place of residence of the testator (for example, extracts from the house register or a certificate from the HOA).
- Official confirmation of family relationship (marriage, birth or adoption certificate).
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Compilation algorithm
To avoid wasting time, first collect the necessary documents:
- Death certificate of the testator.
- Certificate, extract from the HOA or house register (to determine the final place of residence of the citizen before death).
- Heir's passport.
- Documents that indicate family ties with the deceased (certificate of adoption, marriage, etc.).
- And other documents necessary in a specific situation (it is better to first discuss their list with a specialist).
Contacting a notary
To determine which notary to go to, you need to find out whether a will has been drawn up. If one is written, then you should contact the notary who keeps the will.
If there is no will, you need to go to the notary's office at the place of last registration of the deceased. It is possible to send an application to the organization’s post office if it is not possible to come.
Compilation
The notary has samples of all application forms. If you do not have the opportunity to visit it first, you can use application forms and samples that are easy to find on the Internet.
However, it is not difficult to draw up this document. In the application, please provide the necessary information:
To whom the application is submitted, full name of the heir, on what basis (will or court and law) the acceptance takes place, full name of the testator, his final place of residence, date of death, declaration of will to accept the property, information about other heirs (of the same order as you), information about the inheritance and its location, date and signature.
It may be necessary to indicate other data, the list of which will be announced by the notary himself. That is, the statements are not significant, but they differ (depending on what kind of inheritance you mean: real estate or cars, money, etc.)
Sample application for inheritance
A candidate heir has the right to study a sample application at a notary’s office or consult a lawyer.
The application for inheritance has a standard form and must contain the following information:
- Address of the notary office to which the document is submitted.
- Personal data of the applicant (full name, information about place of registration).
- Text of the statement.
- Date of signing of the document and personal signature of the applicant.
The application can be submitted no later than six months from the day after the death of the testator. As a rule, a notary issues a certificate after a specified period.
You should also be aware of cases where the six-month period may be reduced. A similar procedure takes place in cases where:
- There is reliable information about the absence of other contenders for the role of heir (except for persons who have declared their right).
- All persons in the priority queues refused the inheritance.
- The inheritance procedure occurs on the basis of the mechanism of hereditary transmission.
The application for acceptance of the inheritance must be signed by the heir (it is impossible to perform such an operation through a power of attorney).
Right of inheritance: contents of the document
Acceptance of the inheritance is confirmed by an inheritance certificate issued by a notary.
This document is issued six months later, after the expiration of the period for accepting the inheritance provided for by law. The certificate is issued to applicants who have acquired their rights. To complete the procedure, an application for the issuance of a document is submitted to the notary.
A separate certificate is issued for each successor. At the request of the applicants, all applicants are indicated in one document. The document is issued for property inherited by will or by law. The text indicates the date and place of issue of the certificate.
Further in the document the data of the successors and the grounds of inheritance are indicated. The text of the document must contain a record of the composition of the property. At the same time, the characteristics of property objects are described, indicating their location.
The certificate must indicate information about the notary or official who issued the document. Also on the form of the document, the notary indicates the number of the inheritance case and the registration number.
The document must contain a record confirming the emergence of ownership of the object and an indication of encumbrances, if any.
Upon completion of the procedure, the notary certifies the inheritance document, affixes it with a signature and seal.
Complaint against a notary
An interested person has the right to file a complaint against a notary if the latter does not perform notarial acts assigned to him by law.
The complaint is considered in a special proceeding by sending an application to the court. The subject of the complaint is incorrect notarial actions or refusal to perform them.
When sending a document to the court, the interested party must take into account the following aspects:
- Jurisdiction. The complaint is sent to the location of the notary (district courts deal with such cases).
- The application is submitted no later than ten days from the date of refusal or unlawful notarial acts.
- Only those persons whose rights were violated by the notary are authorized to file a complaint.
- If a notary unlawfully refuses to perform notarial acts, the interested person has the right to demand a written refusal. The notary cannot fail to comply with such an order.
Consideration of a complaint in court
The consideration of the case in court shall not be prevented by the failure of a duly notified party to appear.
If a court decision orders support of the applicant’s claim, notarial actions are officially canceled. If the notary's refusal is considered unlawful, the court obliges the notary to perform the action being appealed.
If the behavior of a notary does not correspond to his status, violates the principles of professional ethics, or the notary behaves incorrectly, the complaint is sent to the notary chamber. Notarial authorities may decide to terminate the activities of a notary.
An application for inheritance is a specific legal document that expresses the desire of the heir to officially obtain the right to dispose of property. According to the law, the document is submitted to the notary within the period allotted for obtaining the certificate. It will be much more difficult to enter into full rights after six months; this procedure always involves a trial, during which the plaintiff will have to prove the authenticity of the right to inherit property. The heir can take a sample application from a lawyer; the notary must bring all the necessary documents in addition to the application for obtaining property rights.
Algorithm of actions when writing an application for inheritance
By law, the official heir can contact a notary immediately after the death of the heir. In order not to waste extra time, the future owner of the property must follow a clear algorithm of actions:
- collection of all necessary documents that confirm the possibility of inheritance;
- find out if there is a valid will;
- contact a lawyer with a package of documents that is necessary specifically in your case (inheritance with a will, inheritance without a will);
- draw up an application for inheritance;
- receive a certificate, and then go back to visit the notary;
- registration of ownership rights to inherited property.
What is the application deadline
To become the full owner of the property, relatives must enter into inheritance within six months. Time begins on the day that is officially considered the day of death.
If the closest relatives have not contacted the notary during this time, representatives of the second line have the right to submit documents. A six-month period is also provided for them. The same happens with subsequent lines of heirs, until someone is found who wishes to accept the inheritance.
If for some reason the heirs missed the deadline, and the property has already been accepted by the heirs of the next line, their rights can only be returned in court. It will be possible to do without legal proceedings if absolutely all relatives are not opposed to this heir restoring his rights to the inheritance.
As a rule, heirs are aware that a loved one has died. But if they live far away, they may not have such information. Therefore, the notary is obliged to search for relatives. For this purpose, all available communication channels can be used, including the media. If these procedures did not produce positive results and the heirs could not be found, they still have the opportunity to restore their rights. To do this, you need to go to court within three years from the day you received information that the inheritance was opened.
Documents that a notary will need with an application to accept an inheritance
According to the law, before visiting a lawyer, the testator must prepare a certain package of papers:
- a paper indicating the death of the testator or a certificate from the courts;
- evidence that the deceased was registered in the apartment that is subject to inheritance (an extract from the house book will do);
- a sample passport of a citizen who, by law, takes official ownership of property;
- evidence that there are blood ties between the heir and the testator.
The latter document can be provided in one of three forms of evidence:
- birth;
- adoption;
- marriages.
There is a special additional list of papers that may be needed during the process of registering rights or in the event of litigation. A sample list of such documents is compiled by a lawyer individually for each case.
To find out the existence of a will when entering into an inheritance, you need to contact any notary. By law, every lawyer has access to a common database that contains information on all officially registered wills.
If the sample will is valid, then it is necessary to open an inheritance case with the lawyer who drafted it. In the absence of a will, the notary office that serves the area in which the testator previously lived will handle the matter of inheriting property and obtaining rights. A lawyer can also help you draft the application correctly. Notary offices always have ready-made forms of this document, so there will be no problems with registration.
How much will I have to pay to file an inheritance application?
If the heir wants to quickly and easily register the rights and register the property in his name, then he should use the services of a private and reliable notary. The services of a good lawyer can cost a decent amount, but this is not all the waste that the future owner of the property will need to make.
You will need to pay a state fee, the amount of which will depend on several factors. The degree of relationship between the heir and the testator (as a percentage) is of great importance in determining the amount of state duty. The percentage determined on the basis of the degree of relationship is calculated from the market price of the property that is subject to inheritance. You can calculate the total amount of state duty in your lawyer’s office.
The final stage of drawing up an application for inheritance
Obtaining a certificate that indicates official rights to dispose of property is a mandatory procedure when entering into an inheritance. This document will be needed when registering property rights with the Federal Registration Service.
Without official registration of property rights, the new owner will not be able to sell the apartment or make any other manipulations with the property. There is no point in delaying the registration of rights to receive property, because at the end of six months after the death of the heir, the heirs will have to prove their rights in court proceedings.
Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
Useful information on inheritance
- Entry into inheritance
- What documents are needed to enter into an inheritance?
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- Inheritance after the death of a relative
- Mandatory share in inheritance
- How to register an inheritance
- Certificate of right to inheritance
- Establishment of the fact of inheritance and recognition of property rights
- Restoring deadlines
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- List of documents for opening an inheritance case
- Refusal of inheritance
- Application for acceptance of inheritance
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- Escheated inheritance
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- Inheritance after father's death
- Protection of inherited property
- Division of inherited property
- Documents for inheriting an apartment
- The procedure for inheriting an apartment by law after death
- Inheritance of a non-privatized apartment
- Inheritance of a privatized apartment
- Application to establish the fact of acceptance of inheritance
- Inheritance without a will
- Limitation period for inheritance cases
- Application for inheritance
- Valuation of a plot for inheritance
- Disinheritance
- Car valuation for inheritance
- Inheritance by adopted children and adoptive parents
- Inheritance by right of representation
- Inheritance after the death of a son
- The procedure for inheriting cash deposits
- Inheritance of land plots
- Inheritance of loan debts
- Inheritance of unpaid amounts
- Actual acceptance of inheritance
Registration of a certificate of inheritance
Under Article 1154 of the Civil Code of the Russian Federation, the heirs are given six months to collect the above package of documents and visit the notary’s office. But this does not mean that a visit to a notary should be planned for the last day, especially if there are controversial issues between the heirs. After all, the lawyer must also carry out certain actions, which are as follows:
- determine the circle of heirs;
- confirm their inheritance rights;
- establish the composition of the hereditary mass and draw up an inventory;
- take protective measures in relation to some parts of the inheritance, if without proper care they may be lost or damaged;
- find out whether the rights of third parties, minors, for example, or the testator’s unborn children are not violated;
- distribute the inheritance into shares, taking into account the priority right, if any.
Also, the notary can send requests to various authorities, if necessary, suspend the issuance of an inheritance certificate if a trial is pending and involve third parties in the process, for example, local authorities to protect the inheritance.
If all controversial issues are resolved, and the rights of the heirs are documented and they are not disputed, the notary draws up a certificate of the right to inheritance on the basis of which, you can take possession of movable things immediately, and for an apartment and car only after state registration.
