How to prove that you are an heir. How does the actual acceptance of an inheritance take place? Consequences of the procedure for actual acceptance of inheritance

Horoscope lovers will be interested in what year of the animal 2018 is. This is the year of the Dog. The Mistress of the Year is characterized by such qualities as calmness, stability and fidelity. A dog is a social animal, but it is important for it to organize its life. Therefore, she will strive for stability and constancy, influencing representatives of the zodiac signs accordingly. Generosity and goodwill do not prevent the Dog from striving to increase his well-being. She works hard, systematically saves money, sets goals for herself and slowly achieves them. However, the Dog will never encroach on someone else’s property. Therefore, it will not patronize unscrupulous workers, lovers of freebies and thieves.

General astrological forecast for 2018

For those who don’t know, 2018 is the year of the Dog according to the horoscope – this is the Yellow Earth Dog. This sign exalts family values, and will help those who share the same views on life. Therefore, it is recommended to follow the traditions of your people. This year, existing relationships will only strengthen, and new ones will be actively established. The Mistress of the Year also values ​​friendship and partnership. Therefore, this is a favorable period for making new acquaintances and acquiring profitable business connections.

But the stability and order that the Dog loves so much will be diluted by exciting events and violent outbursts of emotions that will be provoked by Jupiter’s presence in Scorpio.

The year is unusually favorable for business development and business relations. Success awaits those who lead large sums money, real estate, busy in political sphere or works in a government agency. This year you will have the opportunity to improve your financial situation and rise in career ladder. Luck will favor those who show perseverance and are not afraid to take responsibility. The period is favorable for investing, purchasing real estate, and concluding long-term agreements. Some will have the opportunity to change their place of work or residence. So whose year according to the horoscope 2018 will be more successful?

Year of the Dog 2018 according to zodiac signs

Horoscope 2018 Aries

There will be dramatic changes for the better in your career. There is a high probability of receiving a long-awaited promotion. And this is not luck, but the result of fruitful work and long-term efforts. Matters related to taxes, inheritance, loans and investments in a large business project will be completed successfully. Success will be achieved by those representatives of the sign whose professions involve risk. In your personal life, priority should be given to love. This is an important stage in the development of Aries as a person. Many of them will also reveal their creative potential. Aries will find support in friends.

This year Aries' health will not let you down. But due to the significant effort put in at work, there may be mental exhaustion and stress. It is not recommended to cope with it with alcohol and other psychotropic drugs. This is fraught with addiction. Better do gymnastics, spiritual practices, yoga. If necessary, Aries can undergo examination or undergo surgery.

Horoscope 2018 Taurus

Taurus will receive particular benefit from communicating with distant partners. In the summer, success awaits them with friendly cooperation. The most significant results will be achieved by those Taurus who are engaged in the field of art, international business or medicine. The financial return will come very quickly. At the end of the year, success will depend on the ability to master latest methods business.

Love relationships this year will develop atypically for Taurus. Their unpredictability will largely depend on their partner. Taurus, as always, will be calm and unperturbed. By the end of the year, you should expect surprises from Taurus himself.

At the beginning of the year you should think about your health and state of mind. It is recommended to engage in sports and active recreation, for example, going with the whole family to the forest, skiing or going to the skating rink.

Horoscope 2018 Gemini

The dog favors representatives of air signs, so Gemini will be fine with their finances in 2018. Perhaps they will change their job to a more responsible and profitable one. Geminis having own business, will be able to avoid problems with tax office. Those who are just planning to start their own business will finally do it.

No special changes are expected in your personal life, but the prerequisites for this will appear. You will need to pay attention to your health and condition nervous system. Therefore, along with traditional methods treatment, it is recommended to use psychotherapy and body-oriented practices. A complex approach will help cope with even the most severe diseases.

Horoscope 2018 Cancer

The horoscope for the year of the Dog dictates that Cancers show their talents and earn money from it. Financial sector will dominate this year. But when achieving your goal, you need to act in legal ways. Those who are dishonest and capable of earning money will be punished. A business partnership with a friend will bring success.

Personal life will be interesting and varied. Cancer will survive a whirlwind romance. The new relationship will be unusual and full of trust between partners. But the influence of the Dog will affect them too, bringing everything to official formalization.

Health will improve. This is especially true for chronic diseases of the musculoskeletal system and skin. It's coming good timing for comprehensive examination and treatment. It is useful to go to a resort and improve your health.

Horoscope 2018 Leo

A favorable period for self-development is coming. The most important role will play personal qualities. Entrepreneurs with large starting capital. Business will develop well, probably major transactions And lucrative contracts. But for real success you will have to make an effort. You won't be able to hit the jackpot just by playing. Excellent results can be achieved in real estate or construction.

In the life of family Leo there will be important events. There will be an opportunity to improve your living conditions, buy long-awaited real estate and increase your wealth. In marital relationships, Leos will take a leading position. But you need to listen to your partner’s wishes in order to maintain warmth and trust.

Throughout the year, Leo does not foresee any health problems. But neglect preventive methods not worth it. You should take care of the condition of the nervous and cardiovascular systems.

Horoscope 2018 Virgo

Virgos will expand their capabilities by receiving additional education. Useful to study modern methods in its main professional field. Obtaining additional specialization will allow you to express yourself in a new way, take a leading position and increase your income. But it is recommended to listen to the advice of professionals. By autumn, Virgos may experience dramatic changes in their work. The situation may turn out to be such that they will have to urgently change their place of duty.

Relationships with your significant other will strengthen this year. Lonely Virgos will finally meet their fate. A rapidly developing romance will most likely end in marriage. Unions concluded this year will be distinguished by longevity and deep emotional attachment to the partner. Family representatives of the sign will be able to reach a new qualitative level in their relationship with their partner. But hobbies on the side are also not excluded. Although they will not lead to betrayal.

Maintaining a good mood and a positive emotional state will help you maintain your health. Excessive interference in someone else's life can have a negative impact on well-being. Need to pay attention mental health. It is useful to do meditation, yoga and other spiritual practices.

Horoscope 2018 Libra

In the year of the Dog, Libra will be rewarded for all their efforts and will be able to achieve financial independence. Business transactions will be extremely successful. And although money is not Libra's goal, they have higher motives, but it will come to them easily.

Libra's relationships with his significant other and with his children will not be easy this year. Serious troubles are not expected, but there will be cause for concern. This year is favorable for social activities and helping others. But while helping friends, one should not forget about family.

Health won't be a concern. An exception may be those representatives of the sign who have chronic diseases. Alternative non-traditional methods of treatment should be used. The body will perfectly accept all attempts made, and positive results will not keep you waiting.

Horoscope 2018 Scorpio

In the year of the Dog, Scorpios will experience a new turn in life. Significant personal growth. There will be a chance to borrow leadership position. Scorpio will establish many useful connections, both business and personal. To achieve success, you need to delve into the essence of matters and show flexibility of mind. In your work, you should trust those partners who offer serious and long-term cooperation.

Since Scorpios will devote most of their energy and time to work, by spring the risk of cooling off in relationships with their significant other increases. Household members may be offended that they are given so little attention. Lonely Scorpios will meet their fate. Relationships will develop rapidly. They will idealize their new partner.

Health will not let Scorpio down next year. Even chronic diseases will recede. Most representatives of the sign will feel a surge of energy and begin to take active action. But by the end of the year, even energetic Scorpios will need rest and respite. It is necessary to pay attention to your health, metabolism and reproductive system. But even if some violations are discovered, serious consequences they will not entail.

Horoscope 2018 Sagittarius

Sagittarius has success in this the year will come, thanks to the previously hidden talents they revealed. Creative skills and inspiration will help them increase their income level and serve as the main source of money. Good luck awaits those Sagittarius who are busy scientific research and psychology. Representatives of this sign will discover in themselves the ability to see the very essence of things. There are many trips ahead, the purpose of which will not only be educational. Thanks to travel, Sagittarius will be able to improve their financial situation.

The characteristics of the year for Sagittarius are very positive. Representatives of this sign will be able to fully enjoy the comfort and warmth of their family nest. There will be complete harmony with your other half, psychological compatibility and spiritual unity. Therefore, Sagittarius will pay the most attention to home, trying to spend as much time as possible with their family. The home will become a place where they can develop their creative abilities.

This year is favorable for the development of the spirit. You can do special practices and meditation. Some Sagittarius will rush to shrines and so-called “places of power.” It is important to alternate work with rest. This will help improve mental and physical state and not harm your health.

Horoscope 2018 Capricorn

Capricorns will have more luck in the year of the Yellow Earth Dog than representatives of other signs. Those best quality, which the Dog possesses, will manifest themselves in the life of Capricorn. Luck and luck await him in everything. Capricorn's hopes will come true. He will be popular and always in the spotlight. But such bonuses are not accidental. Capricorns worked long and hard. Greatest benefit will bring social and friendly connections. Alliances made this year will be important and long-lasting. In 2018, Capricorns will take a leading position, thanks to the energy that the Dog will give them. All their most ambitious plans will come true. But for representatives of this sign it’s not money that matters highest value. Although they will come, but a little later.

Capricorns will also be lucky in love. Lonely representatives of the sign will meet unusual person, with whom they will first get involved friendly relations. Later they will probably turn into romantic ones. By autumn, many of them will want to change their lives by starting a family with their chosen one. For those who have already tasted all the joys family life, the relationship will only strengthen.

Nothing will threaten the health of Capricorns next year. The strength and energy that the Dog endowed them with will not allow him to falter. However, it doesn’t hurt to engage in various health practices.

This year, Aquarius will have to concentrate, work hard and be persistent in order to get a certain result in their work and achieve what they want. material level. But there will be many opportunities for this. Aquarians who are engaged in scientific research activities or rescue work, will be able to prove themselves at the beginning of the year and move up the career ladder. There is no need to focus on yourself, but more attention give to the people around you, your loved ones and your significant other. You need to suppress your selfishness and focus on your partner’s interests, show care and love, and help your spouse achieve his life goals.

In the fall, some Aquarians will have the opportunity to move to a new place of residence for work or service. Such a serious step will have a positive impact on financial situation Aquarius.

No health problems are expected. The condition of chronic patients will be stable and even improve. It is useful to spend some time in a sanatorium, on the sea coast or in the mountains. The right moment will present itself for treatment using modern methods.

Pisces will have a very successful year in terms of career and finances. But you need to concentrate on work and collective work. This is a favorable period for acquiring new knowledge and mastering advanced technologies. Possible achievements in creative activity and expanding the range of interests. You will need to put in a lot of effort, both mental and physical. The year promises new acquaintances and travel. At the same time, Pisces will make new friends on trips.

The health of Pisces will directly depend on the situation in the workplace and the harmony of relationships in the team. If you feel the slightest discomfort, you should immediately consult a doctor. Pisces should not be treated by healers or use prescriptions. traditional medicine. It’s safer to entrust your health to specialists this year. But it wouldn’t hurt to go to the sea. Such a vacation will have a positive effect on your well-being and serve as a preventive measure for the whole year.

Horoscope for the year of the Dog according to the zodiac signs promises a lot good events, changes for the better, both in career and personal life.

According to eastern calendar, 2018 will be the year of the Yellow Earth Dog. The Red Fire Rooster ruled wisely and competently, and did not even want to part with us. But on the night of February 16, 2018, the Cockerel will flap his wings, crow goodbye, and transfer the rights to the throne to the Dog. The dog is a restless creature, and will guard our well-being all year. The dog personifies justice, she will never betray, and in the year of her reign we can calm down - everything will be clear and fair.

In 2018, you can safely take on any task, because the Dog rushes into battle without thinking about the consequences. The element of earth is associated with laws and traditions, so in the year of the Earth Dog it is important to adhere to your principles. Despite the fact that the Dog does not like change and does not seek to move from the booth to the crystal palace, it will do everything so that the inhabitants of the earth can improve their living conditions. The main thing here is to believe in a miracle - the hostess of 2018 will happily play along with us.

If in winter the Dog will swing and restore order after the impulsive Cockerel, then by spring everything will be ready. After hibernation, many can count on financial luck – yellow year will attract money. Of course, the Dog will not dig up gold bars for us, and will not lead us to a treasure, but those who are hardworking and persistent can expect promotion, encouragement, and all sorts of benefits. In addition, the color yellow is associated with the energy of the sun; it charges us with positivity, vigor and good mood- It is useless to argue with the Yellow Dog; she will still arrange a fabulous and joyful life for all of us.

The dog is a selfless and generous creature; it does not gravitate towards fame and comfort. But the cute animal will be happy if we surround ourselves with beautiful things and dress as if we have already become kings and princesses. So you can change your wardrobe without a twinge of conscience and, after reading your horoscope, run to the store for chic outfits.

In 2018, qualities such as friendliness and honesty are welcomed. Even when communicating with competitors, we should not be hypocritical and deviate from the rules - in the year of the Dog no one will dare to deceive us, or come up with some kind of fraudulent scheme. Most people’s salaries will be “white” - once we’ve saved up a pension, let’s go for a walk.

It is important to approach any business in the new 2018 creatively. Even working as a technician or as a bread cutter, you can achieve unprecedented results if you show your imagination - the floor can be washed with a powder that smells like oranges, and you can cut a loaf of bread with a zigzag (the boss will be delighted and will definitely increase the salary). For people of intellectual professions, in the year of the Yellow Dog the green light will be on - the world has never seen so many projects and discoveries. A hardworking and active Dog will always find something to do, its nose is aimed at good luck, and it will help everyone who believes in their success.

No health problems are expected in the Year of the Dog; the hardened Yellow Dog will not allow us to sneeze and cough. Nose bad habits will have to say goodbye - The Dog does not like it when they spend money on nonsense, such as cigarettes and alcohol. It’s better to buy a sweet bone and new slate for the booth. By the way, the Yellow Earth Dog loves to travel and change the picture before his eyes; in 2018 you can travel all over the world - there will be many new friends, and we will be filled with impressions for several years to come.

Fabulous and magical changes await us in the love sphere - 2018 is full of meetings, acquaintances and dates. Married couples will feel in seventh heaven - the second honeymoon can last for the whole year. But for the free guys, the Dog has prepared a lot of surprises. The Yellow Earth Creature has come to an agreement with Cupid, and he is already forging new arrows with might and main - enough for everyone, especially for those who dream of meeting their long-awaited soul mate.

There will be many wedding ceremonies in 2018. Couples who start a family in the year of the Dog can count on a long and friendly union. Children born during the reign of the Earth Dog will be distinguished by good health, cheerful disposition, and high intelligence. So, quickly negotiate with your chosen one, look for a suitable maternity hospital and stock up on diapers and vests (only without banal flowers on the fabric, but with formulas and theorems - brilliant children will appreciate such a meeting and the world will recognize new Pythagoras).

In 2018, it is very important to communicate and make friends. We will feel “our people” instantly, and all sorts of enemies will bypass us (after all, the Dog is nearby, and will bark and growl so much that the enemies will faint). The Yellow Earth puppy will not bite - only wagging its tail and paw on command. But the mistress of 2018 will only stand on her hind legs in front of good people– it’s useful to work on yourself and gain positivity and friendliness.

In order for 2018 to bring us happiness, love, and all kinds of benefits, we need to remember a few rules: don’t bark at little things, don’t bite, trust people and don’t growl, and resolve issues diplomatically and patiently. Then the mistress of the year, squealing joyfully, will fall on her back in front of us, and our life will be far from a dog’s life.

IN court Various disputes regarding recognition of inheritance are considered. These include cases of objects of succession, division of property in the absence of a will certified by a notary. Cases are also being examined regarding the restoration of legal rights to receive due property when the deadlines have expired ( actual acceptance inheritance can be carried out within 6 months from the date of its opening). There are cases when successors commit unlawful acts against the testator. In these cases, they may be deprived of their right to a share in the property. One of controversial issues in notarial and judicial practice the actual acceptance of the inheritance is considered.

Law

The order of succession is established in the Civil Code. The actual acceptance of the inheritance, which is due under a will or law, as stated above, can be carried out within six months from the date of death of the owner. To do this, you need to visit a notary. He should submit an application for actual acceptance of the inheritance and a package of documents that confirm the succession. The notary office is usually visited in person. However, the law allows for the actual acceptance of an inheritance through a representative. In this case, the power of attorney must contain a corresponding clause indicating the person’s authority to perform these actions.

Recognition of succession

In accordance with the law, the actual acceptance of an inheritance presupposes certain actions. Their list is not considered exhaustive. In this regard, in some cases the outcome of the case will depend on the ingenuity of the lawyer. The actual acceptance of an inheritance in practice is considered a difficult fact to prove. Difficulties arise especially often if proof is carried out during the resolution of a dispute between successors.

List of actions

According to Art. 1153 of the Civil Code, it is considered that the inheritance is accepted (until otherwise is proven) if the successor has committed actions indicating this fact. These include:

1. Entering into use or management of transferable property.
2. Taking measures to preserve property, protect it from claims or attacks of third parties. These measures could be:

• installing a new lock on the door or equipping the living space with a security alarm;
• transferring some of the owner’s things to himself to ensure their safety;
• appeal to an official (including a notary) to take measures to protect property;
• presentation claim in relation to persons who illegally took possession of the property of the deceased, and so on.

3. Carrying out at your own expense expenses related to the maintenance of transferred property.

4. Repayment of debts of the deceased or receipt of funds due to him from third parties.

Nuances

In paragraph 2 of Art. 1153 establishes a presumption of acceptance by the successor of the inheritance if he has committed any actions indicating his actual acceptance of the inheritance. As stated above, the list of these events is not considered exhaustive. This is due to the presence of the “in particular” clause. In this regard, many judges are of the opinion that one of the actions indicating acceptance of an inheritance is the organization of a funeral.

Required papers

Acceptance of inheritance must be confirmed by relevant documents:

These papers must indicate that the activities were carried out by the heir within the period established for acceptance.

Features of the preparation of supporting documents

Certificates and other papers from government agencies or authorities local government, as well as other organizations, regardless of their form of ownership, must be compiled in accordance with the rules general office work. Information must be provided on corresponding form or have a seal, stamp, outgoing number, as well as the date of writing. Documents are certified by signatures officials with transcript.

Actual acceptance of inheritance: statement of claim

The total assets of the deceased must be divided equally among all successors. If persons claiming part of the property in accordance with the will have grounds to demand a reduction mandatory share or refuse to award it, they can file this claim in court.

In the event that any of the successors arbitrary reason missed the time established for obtaining rights to property, the notary cannot independently issue him the appropriate document for the transfer of part of the property to him. In this case, an application (claim) for the actual acceptance of the inheritance is filed in court. As significant evidence of valid reasons for non-commitment necessary actions V statutory period may vary witness's testimonies and documents. They may indicate that the successor did not receive information about the death or was unable to arrive on time for other reasons. A claim for actual acceptance of an inheritance must be accompanied by documented evidence: certificates of the plaintiff’s relationship with the deceased, a certificate of ownership of the property that is due to the successor, and other documents.

Filing a claim

The requirement is drawn up in accordance with general rules going to court. The application must indicate the name of the authority to which it is submitted, details, full name. and the plaintiff's residential address. If the appeal is related to claims against a third party regarding the commission of misconduct relatively transferred property, then the document must also contain the details of the defendant (full name and place of residence are also indicated). The contents indicate the circumstances of the case. It is recommended to list facts in chronological order.

It is best to start with a description of the relationship in which the successor and the testator existed before their death, indicating the degree of relationship, date of death, and composition of property. Further evidence and arguments should be given. If the dispute is about the illegality of the actions of a third party, then there must be evidence of this fact. It is advisable to have witnesses who could testify directly in court. If a case of actual adoption is being considered, then the circumstances are indicated and evidence is provided that the successor has committed the actions listed in the law, indicating this fact. The claim must be submitted at the place of residence of the defendant or owner. During the legal proceedings, the notary suspends the issuance of certificates of inheritance until the end of the proceedings.

Along with the application, the recipients also attach a set of documents, according to which the notary determines the rights of each heir and his share (if there are several recipients). Registration of inheritance is a guaranteed way not to lose your rights.

What is actual acceptance of inheritance? This situation arises if the heir of the deceased begins to use the property left behind without registering 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 with registering an inheritance through a notary, actual introduction 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 receipt. In practice, this implies the use and preservation of property (for example, living in an apartment). But great rights there is no actual heir.

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 in deadlines the receiver used the property and bore all expenses for 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 would be next situation: after the death of their mother, the children lived in her apartment, paid public utilities and taxes. They are heirs by law who accepted the inheritance of the apartment without registering the case with a notary.

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 formalize the acceptance inherited property will still be necessary. Without registering his rights, the receiver will not be able to fully manage 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 last place residence of the testator, documents on his possessions (if available).
• Results of property value assessment.
• Documents proving actual inheritance.

Evidence of acceptance of property

Indicates two ways to accept an inheritance. Actual inheritance occurs when the heir acts in relation to the property left behind: use, protection, maintenance. Actions aimed at damaging the inheritance must be excluded.

How to prove the actual acceptance of an inheritance? Confirmation of entry will be the following actions:

1. Use and disposal personal items deceased. Property that requires registration of ownership rights (real estate, vehicles, bank assets) does not apply to this clause.
2. If living together - continued use common property: real estate, vehicles.
3. Ensuring the safety of the property of the deceased: protection, preservation of possessions from damage by third parties.
4. Payment of debt obligations for the testator, maintenance of his property. Such expenses include payments for utilities, loans, debt obligations.

Evidence of expenses and use of property may include the fact of living in an inherited apartment, receipts for payment of taxes and utilities.

Supporting documents

In addition to the main package of documents for official registration inheritance and entry into ownership of property, the receiver must be provided with papers indicating its actual acceptance. What could be the evidence?

• When living in an apartment: extracts on the registration of the heir in the apartment (house) together with the deceased. Proof of residence can also be written testimony of witnesses: relatives, neighbors.
• Receipts for expenses incurred: payment of utilities, taxes, fees, insurance. You must provide all receipts regarding the costs of maintaining the estate.
• Upon acceptance land plot: extracts from the partnership or cooperative, indicating payment of contributions, use of the allotment in personal purposes, maintenance and use of buildings.
• When paying off the debts of the deceased: statements and receipts for the transfer of funds to credit organizations, written confirmation of debt repayment.
• Maintenance and repair of inherited property: receipts for the purchase of materials necessary for work, contracts for construction or other work, security agreements.

When proving rights, you can invite witnesses, for example, neighbors who can Cohabitation deceased with an heir. Photographs or video recordings of repairs or other work may be evidence of property maintenance costs.

Going to court

If the evidence is sufficient for the notary, the specialist can accept the fact of inheritance and issue a certificate. IN notary office They may also refuse to consider the fact of acceptance. Then you need to write a statement of claim to the court and attach all the evidence to it.

The trial can take place in two formats. The first option is in special order. The process does not require the presence of participants and goes quickly. This situation is provided for in the absence of disputes between other claimants to the inheritance.

If there are controversial situations, then the case is considered in as usual. In such a case, the court's decision will be based on the facts presented.

To go to court, you need to prepare a claim. The document must include the following:

• Document header (in the right corner): name of the court and information about the plaintiff, possible defendants, and other heirs. In this section you also need to indicate estimated value inheritance for which there is a dispute.
• The body of the document includes the subtitle: “statement of claim to establish the fact of acceptance of inheritance.” The text of the claim must contain the following information: name of property, grounds for inheritance, list of attached evidence.
• Completion of the claim: demand from the court, list of attachments, date and signature of the applicant.

If the court accepted the claim and made a decision in favor of the citizen who applied, then you can now begin to register ownership of the inheritance.

What else you need to know

It makes sense to prove the fact of inheritance only in the absence of disputes on the part of other claimants to the property. If there is only one recipient, he can at any time contact a notary or the court to formalize the entry. The main thing is the presence of evidence of actions in relation to the inherited property that were carried out within 6 months after the death of the testator.

Actual acceptance is not recognized when performing one-time actions. It is necessary to prove that the receiver constantly used the abandoned property and ensured its safety.

Judicial practice provides for the transfer of rights to all the property left behind by the deceased, even if the receiver used only one thing. IN in this case, Judicial authority is guided by the article on full acceptance of inheritance. You cannot receive only part of your due share.

It is best to consult with lawyers before going to court. Statement of claim should have enough legal grounds for its consideration. On our website you can ask your question to our inheritance lawyers for free. A specialist will quickly assess your situation and suggest further options for your actions.

An inheritance can be accepted not only by submitting an application to a notary, but also by entering into actual possession property, article 1153 Civil Code RF. What does this mean? The heir must take actions confirming that he has in fact accepted the property:

Entered into possession or management of inherited property;

Took measures to preserve the inheritance and protect it from the claims of other persons;

Bear the costs of its maintenance;

Paid the testator's debts at his own expense or received money due to the testator from third parties.

I would advise the heirs to take a responsible approach to preparing evidence of the actual acceptance of the inheritance. After all, the chances of obtaining a certificate of inheritance will depend on this.

Let's turn to practice.

Appeal determination Moscow City Court dated March 30, 2015 No. 33-5037/2015.

The first instance satisfied the plaintiff’s demands for recognition of the actual acceptance of the inheritance, since the plaintiff paid for six months after the death of the testator communal payments. However, the appeal overturned the decision, indicating : that the plaintiff permanently resides in Tula, and the testator’s apartment is located in Moscow, therefore there are no logical explanations for the plaintiff’s payment of payments for the apartment during the disputed period of time, while she did not yet know about the death of the testator at that time.

In the Appeal Determination of Nizhny Novgorod regional court dated 03/24/2015 in case No. 33-2871/2015 it is stated that the commission of actions by the heir indicating the actual acceptance of the inheritance should be understood as the performance of actions to manage, dispose and use the inheritance, maintaining it in in good condition, in which his attitude towards property as his own is manifested.

Such actions, in particular, may include: the heir moving into the residential premises belonging to the testator or living in it on the day the inheritance is opened (the heir does not need to register at his place of residence or place of stay), the heir’s processing of the land plot, filing an application with the court for protection of their inheritance rights, requesting an inventory of the testator’s property, paying for utilities, insurance payments, reimbursement of funeral expenses from the estate, and other actions related to the possession, use and disposal of the inheritance. Moreover, such actions can be performed both by the heir himself and by other persons on his behalf. The listed actions must be completed within 6 months from the date of opening of the inheritance.

The court did not recognize the plaintiffs' ownership of the property because they did not provide reliable evidence of the actual entry into inheritance rights within the period established by law.

We conclude: in order for the court to recognize the entry into inheritance, it is necessary to confirm the entry into actual possession. In order to confirm the actual acceptance of the inheritance, in particular, a certificate of residence with the testator, a receipt for payment of tax, payment for housing and utilities, a savings book in the name of the testator, a passport can be presented vehicle, owned by the testator, a contract for carrying out repair work and other documents.

Thus, the court recognized the plaintiff’s right to a 1/3 share in the ownership of the apartment, despite the fact that he did not apply to the notary for acceptance of the inheritance within 6 months. The court took into account that the plaintiff, after the death of his mother, actually accepted the property, took possession, namely, monitored the safety of the apartment, partially made repairs, paid for electricity and utilities(Appeal ruling of Kamchatsky regional court dated March 19, 2015 in case No. 33-379/2015) .

Is it possible to confirm the actual entry into the inheritance if the heir accepted the testator’s low-value items, for example, watches, dishes, bed dress, household items? Judges answer this question differently. Acceptance of inheritance means significant actions aimed at taking possession of property and taking measures to protect the inheritance in order to acquire the rights of an heir. The acquisition of minor, low-value items, including low-value personal items, has a purpose other than that provided for in the concept of accepting an inheritance, and cannot serve as a basis for the emergence of inheritance legal relations(Appeal ruling Supreme Court Republic of Bashkortostan in case No. 33-4930/2014 dated April 10, 2014).

At the same time there is also positive decisions courts on this issue. For example, the Appeal ruling of the Novosibirsk Regional Court in case No. 33-10990/2014. The court recognized the plaintiff's right to inheritance, taking into account that she took two pillows, a blanket and a dinner set from her deceased mother's house . The court indicated that accepting part of the inheritance means accepting the entire inheritance.

I think that the court’s decision is based on the position of the Supreme Court, especially since there is a reference to it in the definition itself: “ acceptance by the heir by law of any untested property from the inheritance or part thereof (apartment, car, shares, items household items etc.), and by the heir under a will - any property bequeathed to him (or part thereof) means acceptance of everything due to the heir under appropriate basis inheritance, whatever it consists of and wherever it is located, including that which will be discovered after acceptance of the inheritance" ( Resolution of the Plenum No. 9 of May 29, 2012 ).

The presence of the heir at the funeral and wake does not mean acceptance of the inheritance within the meaning of the Civil Code, if there are no actions to actually accept the property.

Can one rely on testimony alone as proof of the fact of inheritance? I would not advise relying only on witnesses. It will be much more reliable to bring checks, receipts, and other documents, which, together with the testimony of witnesses, will significantly strengthen your position in court.

For such interesting topic I'll add from .

In 2008, Kirovsky district court Ekaterinburg took out interesting solution By inheritance matter. As often happens, the heirs did not contact the notary on time and missed the required 6 months. We went to court with a claim for actual acceptance of the inheritance. Key evidence in the case... a cat named Umchik appeared.

After the death of her grandmother, her granddaughter took the cat in with her. Legally, a cat is property, and the adoption of a cat is the acceptance of inherited property.

The court even organized a visiting court hearing to examine the cat. The judge, the secretary, the plaintiff and the defendant, in general, a crowd of people inspected the new place of residence of the cat (who, out of fear from such attention to his modest person, hid under the sofa), recorded everything, and eventually admitted that the cat is real evidence of the actual acceptance of the inheritance .

That's it!!!