How to prove the actual acceptance of an inheritance in court. Lack of intention to accept property

Succession from the deceased to the heirs, that is, inheritance, is the transfer of property by performing certain actions. Standard procedure involves the preparation of documentation through a notary, however, the law also provides for the possibility of actual acceptance of property subject to inheritance. The state does not seek to accept escheat, and also ensures the rights of legal heirs, for which the concept of accepting an inheritance after the fact was introduced.

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What is the concept

The actual acceptance of an inheritance is the performance of certain actions that may indicate the acceptance of property into possession and use.

That is, such an heir does not document it, but uses it in accordance with by one's own will and performed actions in relation to such property that indicate that he accepted such property.

What is the deadline

The law establishes a period for accepting an inheritance, which is six months from the date of opening the inheritance case. The date of opening of the inheritance is considered to be the day of death of the testator.

Actions that can be regarded as meaning the actual entry into inheritance must be performed precisely during the period allotted by the legislator for.

Required actions taken

It is established by law that the heir, when accepting property in fact, does not commit established procedures, that is, does not submit a corresponding application to the notary and required package documents, but performs some actions, which include:

• Actually uses inherited property ( lives in a residential building).
• Performs actions the purpose of which is to preserve property ( installation of an alarm system or new locks in a residential property).
• Actually maintains the property, that is, pays taxes, makes repairs, and so on.
• The deceased is liable to creditors.

The list of actions is open in nature, that is, there may be other procedures that indicate the acceptance of property.

Resolution of the Plenum of the Armed Forces of the Russian Federation No. 9 dated May 29, 2012 states that the heir can commit actions that indicate that he treats such property as his own.

It could be:

• Taking on the expenses of burying the deceased.
• Payment of payments for the deceased and his debts.
• Use of a plot of land in accordance with its intended purpose.
• Living with the deceased until his death.

Any of the above actions can be performed either separately or in combination. The main thing is that the overall picture determines the fact that the heir accepts the property.

How can you prove

You can prove the fact of acceptance of the inheritance into property by submitting the relevant documents to the court at the place where the inheritance was opened. These may be receipts for taxes or other payments, project documentation and so on.

Can also be used witness's testimonies, but it is not recommended to build the entire process of protecting rights only on them. Witness testimony - circumstantial evidence, which can only complement the position.

Actions aimed at accepting property must be completed no later than 6 months from the date the inheritance was opened.

Where to contact

For recognition of the actual acceptance of the inheritance, you should contact the court at the place where the inheritance case was opened. The statement of claim is filed with the city or district court, and not in the world.

The defendant in the claim will be either the person claiming the property ( another heir), or the state, as a contender for.

When going to court, you will need to pay a fee, which is calculated based on the value of the inherited property. You can obtain it from a notary if it was carried out as part of a case, or you can hire a specialist for this purpose. With real estate, the matter is simplified - you can use the cadastral value.

If the property is Residential Properties, and the heir lived together with the deceased and was registered at this address, then even if the deadline is missed, the notary will issue a certificate. The legislator has provided for the protection of the rights of heirs in in this case V special order. The heir will need to provide proof of registration at the address of the inherited house or apartment.

Consequences of the procedure for actual acceptance of inheritance

If the heir also asked the court to recognize his ownership right, then after entry into force judicial act, ownership will be required. Real estate is subject to registration in Rosreestr, transport - in the MREO of the State Traffic Safety Inspectorate, and so on.

The result of the actual acceptance of the inheritance is the recognition of the heir's rights to the inheritance mass. Such recognition is made in judicial procedure.

If the heir does not register his rights, he will not be able to dispose of such property, and his heirs will be forced to prove the fact of his acceptance of the property also in court proceedings.

Peculiarities

The actual acceptance of the inheritance implies the recognition of a person’s rights, while he did not commit procedural actions for their design. In this regard, some peculiarities arise.

If a period is missed

The legislator provided for the possibility of accepting an inheritance ( both actually and through execution notarial actions ) after six months from the date of its opening. The first step in this case is to restore the missed deadline.

The term is restored in court, at the place where the case was opened. The interested person must submit an application no later than six months from the moment the circumstances due to which the inheritance was not accepted on time disappeared.

What decisions are made in practice

The courts, as a rule, take the side of the applicants, if there are compelling circumstances. The heir must prove that he has committed actions that can prove the fact that the heir accepted such property.

The heir must dispose of such property as with his own ( within the limits of available powers). If the heir proves this fact with documents, then the court recognizes his right.

The courts take the side of the applicants, even if the deadline was expired and the actual acceptance occurred later.

In this case, serious circumstances are required for the deadline to be restored. This may be a long-term illness, confirmed sick leave, as well as a business trip, or other circumstances that may justify missing a deadline.

It is worth remembering that any evidence must be provided in documentary form. The court will not accept oral statements or statements that cannot be proven.

The legislative framework

The legislator regulated the institution of inheritance through the fifth section. It contains everything necessary standards to determine its fundamentals.

Specifically, Article 1153 of the Civil Code of the Russian Federation determines the fact of acceptance of inherited property and contains the conditions for such acceptance.

To go to court, you must pay attention to the Civil Procedural Code, which defines trial. Also Special attention worth paying attention to Tax code which will allow you to find out the amount required for payment.

Materials from judicial practice will be useful, as they will help determine the opinion of the courts about the current situation and identify the required set of evidence. Judicial system in Russia does not accept precedent as legislative act, but courts take into account practice when considering claims.

An inheritance can be accepted either by submitting documents to a notary or by entering into actual possession property (Article 1153 Civil Code RF). In practice, the second option is difficult to prove. To enter into its rights, the legal successor must take actions proving acceptance of the property in fact. Let's consider what actions we are talking about and how to prove the actual acceptance of the inheritance.

What is inheritance law

Inheritance law is one of the main branches civil law, which includes a set of rules relating to the transfer of inheritance rights. Inheritance involves the transfer of ownership and property rights to the heirs. You can inherit either.

First of all, inherited property assets are transferred by law to parents, spouse, children or dependent disabled family members. By law, heirs can be appointed up to the sixth degree of relationship.

Entry into inheritance rights

Entering into inheritance rights means legal procedure, confirming the fact of a change of owner and the complete transfer of the obligations and rights of the testator to one or more heirs. In order to exercise the right to receive property, it is necessary to perform the actions specified by law or submit an application to notary office.

The actual transfer of the rights and obligations of a deceased citizen is enshrined in law. However, it must be confirmed in the event of a controversial situation with receipts and checks for the maintenance of an apartment or other inherited object.

More detailed information You will find information on this topic in the article “”.

Ways to accept an inheritance

The actual entry into an inheritance is the basis for a notary to issue a certificate of right to it. However, if a specialist considers the evidence insufficient, the fact of acceptance of property assets is established in court. When deciding how to accept an inheritance, you need to understand that the transfer of rights and obligations in fact must be confirmed certain actions successor:

• taking measures to preserve and protect inherited property;
• taking possession or management of property assets;
• payment of expenses for the maintenance of housing or other facilities;
• payment of the testator's debts at his own expense.

If you miss the six-month deadline for joining inheritance rights by law or by will, a claim is filed in court to establish the fact of acceptance of the inheritance. The application is submitted at the place of his residence or the location of the real estate. The consideration of the case is carried out in accordance with the procedure special production, where the testimony of the applicant, other heirs and witnesses is taken into account.

If the successor has performed actions indicating the actual entry into rights, then the law does not require mandatory filing applications to establish the fact of acceptance of inheritance.

When the heir does not apply for a certificate to a notary, and the specialist has reliable evidence of acceptance of the inheritance in fact, the successor is considered to have actually accepted it.

Such circumstances most often occur in the case of cohabitation testator and successor. In this way, the actual acceptance of the inheritance when living together is recognized.

Actions to actually enter into inheritance rights can be carried out both by the successor himself and by other persons on his behalf. They must prove that the heir does not renounce the property, but expresses his will to acquire it.

Find out more about the procedure for entering into an inheritance from the material "".

When can I receive it?

The inheritance can be accepted from the moment of its opening within six months. According to paragraph 1 of Article 1114 of the Civil Code, the opening day is the date of death of the citizen. If a person is absent for a long time and his disappearance subsequently has evidence of death, the period is determined by the court.

When a person is declared dead by a court decision, the countdown begins with the established court order dates.

Establishing the fact of acceptance of inheritance

When it comes to real estate and the testator is considered to have acquired rights under the law from the moment the case is opened, registration of rights to property is required. Impossible on legally own, manage and use a car without registering a license. Documentary confirmation it is also necessary to perform actions with bank accounts and other types of assets.

To obtain title documents, you need to contact a notary. When contacting a specialist, you should provide materials proving the testator’s rights to the property, as well as confirm the fact of ownership and the existence of a family relationship with the deceased. If the documents presented to the notary are not enough to conclude that property assets have been accepted, you should go to court. In this case, a claim is filed for actual acceptance of the inheritance and recognition of ownership.

Notary confirmation

First of all, it is necessary to prepare written evidence within the prescribed period. Then you need to contact a notary to obtain a certificate of inheritance. Documentary evidence may include:

• rental agreements;
• certificates from housing maintenance organizations or authorities local government or internal affairs bodies on the cohabitation of the successor with the testator on the date of the latter’s death, on the residence of the heir in the inherited residential premises;
• a copy of the heir's statement of claim against the persons who unlawfully took possession inherited property, on the issuance of this property, with a court mark on the acceptance of the case for proceedings, as well as a court ruling regarding the suspension of the issuance of a certificate of inheritance;
• repayment receipts credit debt;
• contracts for repairs in an apartment or house and more.

If evidence is presented, the citizen has the right to apply for a certificate when he considers it necessary. An application for the issuance of a certificate is submitted to the notary at the place where the case was opened, along with the above documents.

If recognition of the fact of acceptance of the inheritance is impossible, you need to ask a notary specialist to issue a certificate of refusal to issue a certificate indicating the reasons, and then go to court.

Proof through court

Initially, an application must be submitted to the court with a request to establish the fact that the inherited property has been accepted. After the claim is satisfied by the court, you need to submit a set of documents to the notary. Having received judicial confirmation of the acceptance of property assets in fact, the notary draws up a certificate.

To exercise the right to enter into an inheritance, an application is submitted to establish the fact of its acceptance. However, there are cases when the testator actually accepted the inheritance, but did not formalize it properly. Such an heir needs to register legal right to property through the court.

Documents for application

In court, the fact of acceptance of inherited property can be confirmed by documents on its contents and payment of the testator's debts. This may also include testimony of witnesses and certificates of place of residence if the successor lives in an apartment that is an inherited property.

When going to court, in addition to evidence and statements, you must submit the following documents:

• a copy of the death certificate of the testator;
• passport of a citizen of the Russian Federation;
• a paper confirming relationship with the deceased citizen;
• a notary certificate with information about which of the legal successors accepted the inherited property;
• a certificate from the housing maintenance organization or passport service stating who was registered at the same address as the testator;
• documents confirming the fact of opening and acceptance of the inheritance;
• papers confirming the existence of inherited property;
• receipt for payment of state duty.

This list cannot be considered final; the court may require others Additional materials. In order for all papers to be legal force, the date of their commission must be within the time limits established by law for entering into inheritance. Documents submitted to the court must be marked required signatures, seals and stamps.

Filing a claim

The statement of claim for recognition of the fact of acceptance of the inheritance must contain the date of death of the testator - a copy of his death certificate must be attached.

The application must indicate the reasons why it is impossible to establish the fact of entry into inheritance rights through a notarial procedure.

You can learn how to correctly compose a document from the recommendations for its preparation “”.

The claim to establish the fact of entry into inheritance rights, in accordance with Article 266 of the Civil Code of the Russian Federation, is sent to the court at the place of residence of the applicant. In the operative part of the document it is required to indicate a clearly formulated sought legal fact: it is necessary to indicate after whose death and by whom the property assets were actually accepted, as well as the reason for missing the deadline for acquiring rights.

Take a sociological survey!

Claim for recognition of ownership rights

A statement of claim for recognition of property rights by inheritance is drawn up when the deceased is recognized as having the right to own the property transferred to the legal successors under a will, or when the heirs by law want to add this property to the estate. According to Part 1 of Article 30 of the Code of Civil Procedure of the Russian Federation, it is filed with the court at the location of the property. Recognition of property rights in court is required if a notary refuses to issue a certificate of inheritance to the heir.

According to legal position notary, entry into inheritance is prevented by the absence state registration the testator's ownership rights to the inherited property. For this reason, the testator did not have ownership rights, and this property cannot be inherited.

More detailed information on how to properly register statement of claim and how it is considered by the court, you will find in the article “”.

Possible obstacles to the consideration of the case

The requirement to recognize the fact of inheritance is considered by the court in a special proceeding. However, if a dispute arises between successors regarding the right of inheritance, a procedure is provided claim proceedings. In practice, quite often claims are left without progress due to the provision of only copies of documents confirming the fact that the testator owns the disputed living space - such court actions are illegal.

Controversial situations arise when there are several heirs in the case and the right to property is divided between them.

Problems may arise from providing copies of documents to the court without the originals or raising doubts about the authenticity of the papers.

For each specific case, the list of required documents may vary. If any information or documents are missing, or there are errors in them, then in court it will be necessary to establish the fact of the applicant’s relationship with the testator.

When there are no interested parties in the case, such problems in establishing the fact of acceptance of the inheritance are resolved by involving the Federal Tax Service at the place of residence of the deceased citizen.

Challenging the actual acceptance of an inheritance

Disputes between heirs who challenge the actual acceptance of the inheritance by one of them arise quite often. Anyone has the right to challenge the fact of acceptance of inherited property interested party. As a rule, these are other heirs, but there may also be other persons with an interest in the inheritance. You can challenge any conflicts between successors, as well as deadlines, procedures, and the fact whether the heir is eligible.

In such situations, the timing of going to court to protect your rights plays an important role. If the deadline for accepting an inheritance has been missed, then before challenging the fact of accepting the inheritance, it is necessary to restore the missed deadline for acceptance.

Lack of intention to accept property

The successor who has performed actions indicating acceptance of the inheritance has the right to prove the absence of his intention to accept it. Non-acceptance of an inheritance may be caused by the heir’s refusal of the inherited property, his serious illness or other reasons. In essence, this is a factual situation in which the subject called to inherit does not show interest in the opened inheritance during deadline: does not submit an application for acceptance of property or refusal of it, does not perform the corresponding actual actions.

The question of how to establish the fact of non-acceptance of the inheritance by the legal successor can be resolved by another interested heir. In accordance with Article 1154 of the Civil Code of the Russian Federation, it is possible to prove the absence of intention to accept property after the expiration of the period established by law. To do this, you need to contact a notary or the court with a statement to establish the fact of non-acceptance of the inheritance.

If there is evidence of inaction in terms of accepting property assets Judicial authority establishes the fact of non-acceptance of the inheritance and decides whether to satisfy or reject the claim.

Arbitrage practice

An analysis of court cases proves that the actions of applicants must be both lawful and justified. If knowledgeable about legal heirs stranger carries out any actions with the property of a deceased citizen, this may be regarded as fraud. And if an apartment is inherited, then the fact of cohabitation with the testator must be proven. This fact may also be challenged by other successors.

In practice, there are cases when it is necessary to establish the fact of acceptance of an inheritance by a deceased heir. This occurs when the successor passes away before entering into inheritance. Since, if it is established that the heir died after the opening of the inheritance and did not have time to accept it, then in this case the right to accept the inheritance is transferred to his heirs by law or to the heirs by will.

If there is only one legal successor, and he takes actions to enter into inheritance rights in fact regarding part of the property, then he is simultaneously recognized as the heir to the rest of the estate.

There are cases when a large piece of real estate is awarded to a successor only on the basis of the actual care of certain things of the deceased person.

Most potential and actual heirs are not so versed in the law as to be aware of several. It is not always necessary to contact a notary for registration - you can accept the inherited property upon the fact. Judicial practice contains examples of proceedings regarding actual entry in the rights of inheritance of some property remaining after the death of the testator.

In order to become the full owner of the inherited property, the heir will have to accept it.

This can be done with two equally recognized by law ways:

1. according to the documents. This method involves the heir receiving the appropriate certificate of right to inherited property. He must contact a notary and declare his rights to the property by writing a corresponding statement;
2. actual entry into inheritance. This method implies that the heir must accept the property due to him in fact.

Both methods can be applied by the heir and will be regarded as his acceptance of the inheritance.

Moreover, their implementation must take place strictly within the time period established by law for accepting the inheritance. It is equal to 6 months, counting starts from the date of death of the testator.

Entry into inheritance after the fact

Acceptance of property in fact means that the heir performs certain actions regarding the property passing to him from the deceased testator:

• payment of expenses that arise during the daily use of the property. For example, if the object of inheritance is living space, paying monthly utility bills is a way of actually accepting the inheritance;
• care of property, maintaining it in in good condition, its improvement. Any actions of the heir aimed at improving the condition of the inherited property, increasing its value are considered a way of actually accepting the inheritance;
• payment of debts in favor of third parties for the deceased testator;
• possession, disposal, use, exploitation of inherited property.

Acceptance of inheritance is actually enshrined in law. However, such entry into the inheritance must be confirmed by something in the event of a controversial situation.

That is why it is better for the heir to keep all checks, receipts left after expenses incurred for the maintenance of property. If this is not possible, witness testimony may be evidence that the heir accepted the inheritance.

Actual entry into inheritance: judicial practice

Many cases of judicial practice are associated with proof by heirs of the fact of actual acceptance of an inheritance. In addition, there are often cases when third parties lived together with the testator who were not his relatives and were not included in the will. However, after his death, these persons sometimes continue to use the property that belonged to the testator. In that case, don't there is talk about the actual entry into the inheritance, because the indicated persons are not heirs. The legal heirs can challenge this established order of things in court.

Example 1

Citizen Makin E.Zh. appealed to the court. with a claim. He demanded that citizen A.T. Dzobaeva be removed from permanent disposal and use. apartment and car. This property belonged to his father during his lifetime by right of ownership, and after his death this property is disposed of by the specified citizen who lived Lately together with the deceased.

The court made a decision in the case: the claim was granted. Since citizen Dzobaeva A.T. was not involved with the deceased legally married and had no other family ties, she is not an heir by law. No will was drawn up. Consequently, the property belongs to the legal heir of the deceased - Markin E.Zh.

Often arbitrage practice reflects controversial situations between legal heirs without the participation of third parties. The dispute may involve the desire of one heir to divide the property remaining after the death of the testator with the others.

Example 2

Citizen Bazhgina E.E. appealed to the court. with a claim. Its essence was that the plaintiff demanded the division of property (apartment) left after the death of her mother E.A. Bazhgina between her and her brother A.E. Bazhgin.

The court made a corresponding decision. It turned out that the plaintiff did not turn to the notary on time to issue a certificate of inheritance, and she did not provide evidence of the reasons justifying the missed deadline. In turn, the plaintiff’s brother, Bazhgin A.E., lived with his mother for the last 3 years before his death, carried out constant actual use of the property, paid communal payments. He did not apply for a certificate of inheritance to a notary, but according to the Civil Code of the Russian Federation, he actually accepted the inheritance. Hence the court made a decision: to dismiss the claim without satisfaction.

Judicial practice has examples of such controversial situations, in which claims of third parties arise against the heirs for payment of the debts of the deceased testator in connection with the actual acceptance of the inheritance by them.

Example 3

Ilyichenko V.V. approached the court, challenging the obligation to pay the debt for his deceased father. Ilyichenko V.Yu.. The plaintiff was approached by a certain Vashchenko A.G., demanding payment of debts for his deceased father from his son. He justified this requirement by the fact that the son entered into the inheritance after the death of his father. In turn, the son of the deceased denied accepting the inherited property. He justified this by the fact that he did not turn to a notary to obtain a certificate of inheritance. However, witnesses confirmed that he permanently lived in the apartment left after his father’s death, paid utility bills, that is, he actually accepted the inheritance. The court made a decision: not to satisfy the claim and to oblige V.V. Ilyichenko. pay off debts, since he accepted the inheritance after the death of the testator in fact.

The actual acceptance of inheritance is accepted by law as an acceptable method. However, regarding the actual acceptance of the inheritance, many disputes and litigation may arise. Most of them arise between heirs who want to divide the property left after the death of the testator for their benefit or between heirs and third parties. Court decisions are based on the laws and the specifics of each case individually.

Often, people’s condition after the death of their loved ones is so difficult that they do not think about state registration of their right to inheritance.

There may be different situations(for example, illness of the heir or someone close to him), in connection with which the heirs do not apply to the notary office at the place of opening of the inheritance with an application for its acceptance on time, statutory(six months from the date of death of the testator).

But if at the same time the citizen, by his actions, confirms his intention to assume the rights of an heir, we can say that the inheritance has actually been accepted. This can be considered if the heir continues to live in the apartment, which is part of the inheritance estate, pays public utilities, takes measures to ensure the safety of this property.

How to actually accept an inheritance?

The actions of a citizen, which indicate the actual acceptance of the inheritance, are described in paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation. Until proven otherwise, the inheritance is considered actually accepted if the citizen took measures to property safety, included in the inheritance mass, took possession of the property of the testator, paid his debts or received funds due to the testator from third parties.

If the actions of the heir are evidence of the actual acceptance of the inheritance, but the notary refuses to issue a certificate of the right to inheritance, the matter is resolved in court in a special proceeding. In cases where a citizen actually owns part of the testator's property, this means that he accepts the entire inheritance, no matter where it is located or what its composition is. Indeed, in these actions it is seen that the heir does not refuse the inheritance, but intends to accept it.

note

The actual acceptance of an inheritance is often complicated non-standard situations. They may be related to both filing an application with a notary and going to court. If, in addition, there is a dispute over the right to own property between heirs, consultation with a lawyer inheritance matters simply necessary. The specialist will help you draw up an application to the notary’s office and collect evidence that indicates that the citizens accepted the inheritance.

How to prove the actual acceptance of an inheritance?

The actions of the heir to actually accept the inheritance must be proven. Evidence can be presented by witnesses who will confirm the actual entry of the heir's right. Let us note that actions for the actual acceptance of the inheritance can be performed both by the heir himself and by other persons on his behalf. Actions are considered actual acceptance of the inheritance if they indicate that the heir has expressed a desire to accept the inheritance.

Documentary evidence of the actual acceptance of the inheritance can be certificates from various authorities: receipts for payment of credit debt, agreements with individuals and legal entities on leasing premises, carrying out repairs or installing an alarm system in an apartment or house. Another proof of the actual acceptance of the inheritance can be the heir’s statement of claim against the persons who occupied the property illegally. The heir can provide other documents that confirm the actual acceptance of the inheritance. Moreover, provided as evidence base

the documents must indicate that the actions to actually accept the inheritance were completed within the period allotted by law for accepting the inheritance (6 months from the date of death of the testator). If evidence is presented, a citizen can write an application for the issuance of a certificate of the right to inheritance when he deems it necessary - the period for applying for a certificate is not limited by law. In cases where a citizen cannot provide evidence of his actual entry into the rights of an heir, and the period for acceptance of the inheritance has already expired, the notary explains the right to apply to the court to establish the fact of acceptance of the inheritance. Bye there is a trial going on

proceedings, the notary suspends the issuance of certificates of inheritance to other heirs. Do you want to get a qualified legal assistance

according to your situation? Sign up for a consultation with. You can become a full-fledged owner of absolutely legal rights . Legislation Russian Federation provides the possibility of actual entry into inheritance. In other words, the heir, with the help of certain manipulations, will later be able to appropriate the presented property into his own property. must comply with all requirements Russian laws

. The period within which it is necessary to register an inheritance is six months from the date of death of the parents. If the inheritors for some reason missed the reading of the will and did not enter into inheritance rights, then they can easily restore their rights by filing a lawsuit in court. If there is proof of fact, then the inheritor of a deceased relative can contact a notary 6 months after death loved one . Why is this necessary? The fact is that the notary must issue a certificate of ownership of the inherited property. In case of failure in issuing this document, a person has the right to resolve this issue in court. The title deed allows you to correct design its share in the property. How to recognize the fact of accepting an inheritance? We will consider the answer to this question in detail in the article.

The legislation of the Russian Federation establishes a number of actions that are considered as the actual acceptance of ownership of property. This indicates that the inherited:

• took possession of property (apartment, car, dacha with land, or simply land plot) fully;
• filed a statement of claim to resolve his issue, where they had to confirm the safety of his valuables;
• pays utilities and taxes;
• pays the loan for the testator.

In fact, it is almost always possible to prove the fact of acceptance of the inheritance. There are exceptions, but they are very few.

For reference! Sometimes an unforeseen situation occurs when the inheritor and the testator have common property. This fact alone is not taken into account for the adoption of the right of inheritance. Therefore, the inheritor must necessarily perform a number of manipulations: pay the bills for the apartment and move there to live.

Deadlines

According to the law, a recognized heir must take possession of his share within six months after the death of a loved one. Immediately after the death of mom or dad, relatives have the right to appoint litigation to establish your rights to the part. You can prove recognition as an inheritor immediately after the announcement of the decision to declare a citizen deceased.

If one of the inheritors refuses his part, 6 months will be counted from the moment of refusal of the unworthy applicant. This often happens when the deceased has only minor child. There is another option. If, after the death of a loved one, relatives do not make any manipulations to take ownership of the parts, then other interested citizens have the right to lay claim to the property within 3 months after the end of the six-month period.

How do you know if someone you inherited has received wealth or not?

A welfare rewriting decree can be established when an interested person approaches a notary’s office with a claim and a witness. If the relatives of the deceased received only part of the property, then this is jurisdiction, since they must receive all the property of the deceased. That is, as everyone knows, the deceased leave behind not only money, jewelry, an apartment, but also debts. Relatives who have acquired wealth cannot refuse the debt, but only get an apartment.

Remember! One of the family members decides to get his share, but this does not mean that other relatives also become contenders. That is, after the death of the husband, the wife gets some part, which she accepts, and their joint child can give up his meters.

One day after taking possession, the property passes to the inheritor. This establishment is not disputed, even regardless of when the inheritor acquired the rights of inheritance in fact or when documents on the transfer of ownership were received.

Why should you contact a lawyer?

There are many legal companies who deal with inheritance disputes and issues. Before contacting lawyers, it is important to choose qualified specialist. Find out which companies most often won similar cases at the plenum, this will be your guarantee.

A sufficiently qualified lawyer is obliged to provide detailed advice on inheritance, as well as provide assistance in different situations. Lawyers have a number of disputes in their queue that they can easily handle:

1. Recognize inheritance rights in the event of a conflict between relatives of the deceased.
2. Acceptance of welfare after 6 months.
3. Identification of unworthy inheritors.
4. The procedure that establishes family relations between the inherited.
5. Confirmation of the invalidity of the will.
6. Lawyers are obliged to confirm by any means the fact that the inherited person was dependent on the testator.

It is not always possible to recognize the actual mastery of well-being. Here is another reason why you need to contact a lawyer. Only a specialist can draw up legal documents and win the case from a year ago. Lawyers will build a defense plan in court and tell you which issues should be a priority.

In charge legal entity includes:

• free consultation on welfare issues;
• studying the submitted documentation;
• development of a position in accordance with the law;
• assistance in collecting the necessary documents;
• preparation of documents in courts to advance the process;
• if for some reason you had to miss the time to acquire the right of inheritance, then lawyers will help you recover in this matter;
• representing the client's interests in court.

These are only the main cases that a lawyer carries out. In matters related to well-being, it is important to make an appointment with a specialist with legal education. Such matters should be handled by professionals.

For reference! The number of the inheritance case is indicated Arabic numerals and consists of a serial number.

Is it necessary to confirm the rewriting of welfare in fact?

The notary is responsible for the approval of documentation confirming the inheritance of property in fact, competent. What documents confirming all the requirements of the Legislation are most often found in resolving the issue of inheritance of property in fact?

1. Certificate from the Housing Office. This document must confirm that the inherited person lived in the apartment for another 6 months at the time of the death of the relative, and it does not matter whether he had a residence permit there or not.
2. If, as welfare, not an apartment, but a plot of land is transferred to relatives, then the inheritor who claims it must cultivate it during the life of the deceased and engage in it for six months after his death. The court may require a certificate and cadastral passport. To obtain these documents, you usually pay a state fee.
3. If the deceased had debts during his lifetime, and the inheritor paid them off after the death of the testator. The court may require a receipt from the creditor regarding full repayment debt.
4. Copies of utility and tax receipts may also be required. These documents will be considered legal if the inheritor is indicated in the “payer” column.

How to confirm the fact of possession of property?

If the inheritor has not certified actual possession of the property with the help of documentation, he has the right to deal with it in court. The law will give two answers: the claim will either be approved or denied.

Important! Inheritors who have formalized the acquisition of wealth from lawyers and have submitted within six months necessary documentation, are also considered to be persons who have accepted the right to the property of the deceased.

How to transfer the welfare of the deceased to yourself?

Inheritance rights come into effect within 6 months from the date of death of one of the parents. After the death of a person close by blood, his relatives are given six months to transfer the welfare to themselves, otherwise all the property of the deceased will pass to the state. To prevent this from happening, you need to submit all documents to the relevant authorities on time. They already come to the notary applicant with a completed application form and all necessary documents. As a result, the inheritor must be given a certificate with the right of inheritance.

The deadline has expired

There are often cases when those inheriting for some reason cannot transfer wealth into certain deadlines. After six months, all rights are lost. The term is restored only in court.

Important! Having come to court to restore the deadlines for transferring wealth to himself, the inheritor must submit to the court an application indicating good reason that he couldn't do it earlier.

The following reasons are usually identified:

• long-term illness;
• long business trip out of town;
• living in another region;
• ignorance of the death of a relative.

Sample application

What is the application procedure? When filing an application with the court, you must provide some information:

• full name and address of the court;
• personal data;
• information about the deceased;
• the full value of the presented property;
• data confirming ownership;
• information about the remaining inherited;
• documentation;
• date and signature.

Required documentation:

1. Certificates stating the relationship with the deceased.
2. Document on the right to an apartment, car or plot of land.
3. Receipts and checks for payment of taxes.
4. Certificate of residence.

What to do if you haven’t certified your right of inheritance?

The inheritor, who has taken possession of the deceased’s valuables, uses them for a long time without re-registering the documentation. If it concerns a car, then it is better to visit a notary’s office within six months to obtain a certificate, otherwise the property will not be able to be rewritten. In this case, you will have to seek help from lawyers. It is important to remember that the actual possession of the property is confirmed by a list of documents.