Who can become the first-line heir? Who is the first heir after the death of the mother in a separate family of the Russian Federation - let's figure it out

The concept and rights of first-degree heirs

If there is no will, then after the death of the testator all his close relatives are called upon to inherit one by one. And of course, the heirs of the first stage are of greatest interest. Let’s figure out who is legally included in this concept.

The legislation provides that, first of all, the following categories of citizens can count on inheritance:

• children of the deceased, both adults and minors;
• his spouse (that is, his wife - after the death of her husband and vice versa);
• his parents.

As you can see, their circle is quite narrow. This means that, for example, a sister after the death of a brother or grandchildren from a grandmother usually do not inherit. However, there are some exceptions, which we will discuss further.

Subsequent turns (in Russia there are seven of them by law) are called upon only if none of the previous turns either has anyone alive, or all existing heirs are unworthy and cannot accept the inheritance, or when all the heirs of the first turn have declared about refusal of inheritance. The order of calling depends on the degree of relationship:

• brothers, sisters, grandparents inherit secondarily;
• uncles and aunts - in the third;
• great-grandparents - in the fourth;
• great-aunts and uncles - fifth, etc.

The main right that heirs of the first priority are entitled to is the opportunity to be the first to inherit. If there is this circle of heirs, then all the property of the deceased is divided between them - with the exception of the obligatory share allocated to some heirs of another category (disabled dependents, etc.).

In addition, the “first priorities” have the right to demand that each of them be allocated an equal share in the property of the deceased.

Who is ranked first?

1. Children and parents.

The first people usually remembered in connection with inheritance matters are children. They are included in the circle of heirs under one main condition: their relationship with the deceased must be legally recorded. In the event that children are born in marriage, this fixation occurs automatically: until the contrary is proven, the father of the child is considered to be the mother’s husband.

It is much more difficult with the father if he was not married to the mother. In this case, several options are possible:

• the man, before he dies, must recognize the child as his own and indicate himself as the father;
• the deceased did not have time or did not want to confess the child. Here you will need to file a claim and begin the legal process to establish paternity, including using modern expert methods.

Everything said above also applies to the parents of the deceased (including adoptive ones). If the relationship was not established or recognized during life, then a court will be required to enter into inheritance. But if family ties or the fact of adoption are confirmed, then disabled mothers or fathers of testators cannot be deprived of their inheritance.

Let us additionally note that our own and adopted children do not differ in any way from each other.

Adoption establishes a full-fledged relationship, in every way equivalent to a family relationship.

Moreover, adopted children inherit from their adoptive parents, not their biological parents.

In addition, children who were born after the death of a citizen, but conceived during his lifetime, can also inherit. Before these children are born, the division of the hereditary mass does not take place.

2. Surviving spouse.

The situation is somewhat more complicated if the spouse acts as the heir. The fact is that the now popular “civil marriage” according to the law does not legally bind two people, and after death the right of inheritance does not arise. A “common-law spouse” can only lay claim to something from the property of the deceased under a will. According to the law, he (or she) is not considered to be related to the testator, and no hereditary relations can arise here.

We also note that only the person who was married to the testator at the time when the latter died can inherit. Even when the divorce was formalized the day before his death, the former spouse is no longer an heir. It is almost impossible to challenge the fact of a divorce recorded in the registry office.

Priority inheritance by right of representation

In addition to the persons indicated above, the circle of primary heirs may also include other persons. They are grandchildren, great-grandchildren and more distant descendants, if any. However, they no longer inherit directly, but as a result of representation - that is, taking the places of retired heirs.

In practice it looks like this: the testator had a wife and two sons. According to the law, after his death, all of them inherit in the order of first priority. However, it turned out that one of the sons died before his father, not having time to accept the inheritance - but his children, the grandchildren of the testator and his grandmother, his wife, remained. They, by way of representation, replace after the death of their father - the son of the testator. The share that would legally go to the son if he were alive is divided between them.

A similar situation arises if one of the grandchildren died, but great-grandchildren remained. In general, the mechanism of inheritance in presentation order looks like this:

1. The inheritance is divided into shares falling on each of the heirs - living or dead.

2. If someone drops out, the share moves “one generation down” and is distributed among the descendants of the dropout.

3. When one of the descendants drops out, the part due to him (already divided earlier) again goes down “generation below” and is divided among the younger descendants.

The number of movements in Russia is not limited by law. The limit here is set only by the length of human life: many grandmothers become great-grandmothers, but no one manages to see their grandchildren become grandfathers.

Finally, it is worth saying that the presentation rule also applies to heirs of the second, third and subsequent stages. For example, instead of a deceased brother (second priority), nephews and nieces can take his place, instead of an heir-uncle who died, you can see a cousin or sister, etc.

Who is not included in the circle of priority heirs

The descendants of those who themselves cannot be included in the composition of the heirs cannot inherit by right of representation.

Those who are not heirs of either the first or subsequent stages include those who:

• turned out to be an unworthy heir;
• was expressly deprived by the will of the right to inherit.

The last one deserves special attention. The fact is that a will can only concern part of the property that belonged to the testator. In this case, the remaining inheritance is divided among those who are included in the number of heirs on the basis of law. But Russian legislation allows anyone to be deprived of inheritance (except for those who are entitled to a mandatory share: disabled dependents and minor heirs).

Moreover, a will may generally consist of an order by which the deceased wants to deprive one of his relatives of an inheritance.

As a result, the person excluded by the will does not inherit, and his descendants lose the opportunity to inherit by way of representation - unless, of course, they manage to challenge the last will of the deceased in court.

Also, those who are defined as first-degree heirs do not include more distant relatives than children, a still living spouse and parents of the deceased. Brothers, sisters, uncles, aunts and other relatives inherit only if there are no primary heirs. If there is at least one “first priority”, either initially or by right of representation, it is he who receives everything.

What needs to be done to be recognized as an heir

In order for the heirs of the first priority to enter into their rights, they must contact a notary in the place where the testator lived before he died. There, each of them either submits an application that he wishes to become an heir, or that he renounces such a right. However, a refusal made by minors or partially (completely) limited legal capacity heirs is permissible only with the consent of the guardianship authorities.

The notary prepares all necessary documentation and issues certificates. However, you need to remember: the notary is not concerned with the question of how exactly the property is divided. These problems are solely the responsibility of the heirs themselves.

The deadline for accepting an inheritance is set at six months. Anyone who fails to comply is considered to have renounced the inheritance. However, if necessary, the time can be extended. To do this, you must file a claim with the court.

If the absence was due to a valid reason, the court may order reinstatement. In turn, interested parties can challenge such a claim by filing a counterclaim. It is also possible to challenge the very recognition of a person as an heir, if there are grounds for this.

Division of property between heirs

As a general rule, the division of property that belonged to a deceased citizen is carried out by the heirs independently. However, there are several features regarding separation:

1. The surviving spouse has the right to half of the joint property. Since this half belongs to him (or her) personally, it is not inherited. Let's assume that we are talking about dividing an apartment that belonged to the father and mother of the child. The mother, if there is no marriage contract or other agreement, has the right to 1/2 of the apartment. The remaining 1/2 is divided equally between the heirs: 1/4 for the mother, 1/4 for the child. As a result, the mother gets 3/4, and the child gets 1/4.

2. If the heir was previously a co-owner of an item that cannot be divided in kind, then he has preferential rights to receive it. Let's say that in the example above, the child is arguing with his mother over an apartment. Since the mother owned half of this apartment before her husband’s death, her rights are higher. The son will have to be content with other property left behind by his father.

3. However, if the heir does not have other housing, he has an advantage in receiving an apartment, house or other premises if he already lived there during the life of the testator.

4. Unless the heirs agree otherwise, the exercise of preferential rights to any thing is possible only after payment of compensation to others.

5. Any advantages are taken into account only if it is not possible to reach an agreement and a claim for division is filed in court. Without a trial, the heirs can make any division among themselves, which should not violate the law. Otherwise, it can be challenged in court.

Taxes and state duty of heirs of the first stage

Until 2005, tax was paid on the transfer of property by inheritance. Now this tax is no longer paid, even if the inheritance includes expensive property in the form of an apartment, car, house, etc.

However, this does not mean that heirs in Russia are completely exempt from the following payments:

• tax on inherited property (at least in the form of the same apartment) is calculated after it has passed to the heirs. The citizen no longer pays as an heir, but as the owner of property;
• There is no tax, but state duty is paid.

The state fee for actions performed by a notary is paid:

• for acceptance and certification of the will;
• for the publication of the text of this document;
• for issuing a certificate - in this case, the state duty depends on the degree of relationship and the value of the property. Tax was previously calculated in exactly the same way;
• for the protection of inherited property.

Moreover, if a notary performs some actions when registering an inheritance not in the office, but on-site, the state duty officially increases by one and a half times.

Disinheritance

Primary heirs may be disinherited:

1. The testator himself.

2. The court, if the claim to recognize one of them as an unworthy heir is satisfied. An unworthy heir becomes one who, through illegal actions, tried to achieve his calling to inherit or increase his share. Any interested person can file a claim to recognize such a person as unworthy; upon filing, a state fee is paid.

3. If the court previously decided to deprive the mother and father of the rights to the child, these parents lose the right to inherit after their son or daughter.

4. At the request of interested persons, the right to inheritance may be deprived of the right to inheritance of someone who was obliged to support the deceased, but maliciously neglected this duty.

Disabled and incompetent heirs

Moreover, a situation is possible when disabled persons who are not relatives, but who lived with the testator, were dependent on them for more than a year. In this case, they are also treated as primary heirs. The only way to disinherit them is through a will.

Also, if the testator had disabled or minor children, disabled parents, a wife or husband, then regardless of how the inheritance is divided, they have the right to at least half of what was due to them by law. The testator cannot deprive them of this share. If he tries to make such an order in the will, it can be challenged in court.

If one of the heirs is not only unable to work, but also incapacitated, this does not deprive him of the opportunity to receive an inheritance.

However, all actions on his behalf will be performed by the guardian. In addition, with such an heir, all division agreements are concluded only with the consent of the guardianship authority.

Claim for recognition as heir

If for some reason one of the persons entitled to inheritance was not included in the number of inheritors, this person may apply to the court with a claim to recognize himself as an heir.

The most common grounds for filing a claim for recognition are:

• errors in documents (for example, due to an incorrectly recorded surname of a deceased mother, grandchildren cannot inherit after their grandmother);
• errors when performing actions by a notary;
• absence of necessary documents at the time of opening of the inheritance.

In this case, we may be talking about a claim for recognition as an heir and restoration of the term.

An application to the court can be filed either by the heir himself or by his representative or guardian. When filing a claim, a state fee is paid.

Most often, inheritance by law is used in situations where the testator did not worry about the will in advance. However, there are other cases, a list of which will be presented below.

• With the help of a will, the testator distributed only part of his property. Under this condition, the entire balance will be transferred to the legal successors immediately after determining the line of heirs capable of claiming the presented inheritance.
• In the will, the deceased indicated only the person who is prohibited from participating in the distribution of inheritance shares.
• The completed will was drawn up in violation of the regulations or, as a result of erroneous actions, was declared invalid.
• There are no heirs who must accept the inheritance on the basis of the will.
• All heirs, the list of whom is defined in the will, refused the inheritance due to them. They could also transfer this authority to persons who have the opportunity to acquire the designated inheritance in accordance with the priority.
• The heirs determined by the will are recognized as “unworthy”. Under such circumstances, they are excluded from the process and cannot become owners of even a small part of the testator's property.
• The will is drawn up according to all the rules, but there are persons who have a mandatory share.
• The property has been assigned the status of "escheat".

Who can be considered an “unworthy heir”?

It is customary to include in the category of “unworthy heirs” all persons who, through unlawful deliberate actions, wanted to disrupt the succession order and be the first to take possession of the testator’s property. The category of “unworthy heirs” includes:

• all citizens who used any illegal methods to obtain their share of inherited property;
• parents who did not fulfill their duty and were forcibly deprived of their parental rights;
• all persons who shied away from their immediate duties and did not take any measures related to the maintenance of the testator.

A detailed list of all conditions under which a person is recognized as an “unworthy heir” is presented in Article 1117 of the Civil Code of the Russian Federation.

Let's look at an example. A son, under the influence of alcohol, quarrels with his father and inflicts life-threatening injuries on the latter. Under the current conditions, this son will be recognized as an “unworthy heir.” The rules of inheritance law cease to apply to him and all the property of the testator (his father) will be divided among other relatives according to the principle of succession.

Mandatory share: what is it?

An obligatory share is a certain part of the testator's property, which must be received by the persons specified in Article 1149 of the Civil Code. All of them are close relatives of the deceased and have limited physical abilities (minors or disabled).

The obligatory share is untouchable, so it cannot be changed or limited. If the testator does not indicate in the will the persons with an obligatory share, then they will claim their share according to the principle of hereditary order.

Escheatable property: what is it and where does it come from?

The term “escheatable property” is prescribed in Article 1151 of the Civil Code of the Russian Federation. Escheated property means the property of the testator, which for a number of reasons none of the current heirs is able to take over. Since there is no actual owner of the inheritance, its status is taken over by the Russian Federation.

Here is a list of circumstances under which escheatable property may be formed:

• the testator was single, was not related to anyone and did not draw up a will;
• all current heirs were forcibly removed and deprived of the right to accept the inheritance due to them;
• none of the applicants wished to enter into inheritance legal relations and did not indicate a candidate capable of receiving this inheritance according to the principle of priority.

What is the order of succession?

In total, seven succession orders have been established. All of them are prescribed in the Civil Code of the Russian Federation and go from Articles 1142 to 1145.

What are the rules for changing queues?

The entire set of conditions is defined in Article 1141 of the Civil Code.

• There are no existing heirs at the previous level.
• There are heirs at previous levels, but for certain reasons they cannot take advantage of their rights. For example, they may be suspended or deemed “unworthy.” They can also delegate their powers inheritance further along priority. Sometimes persons do not voluntarily enter into inheritance relations.

All heirs who are in the same line have equal rights. This means that when the inherited property is distributed, they will receive equal shares. The only exceptions are those persons who acquire an inheritance based on the principle of representation.

What is the right of representation?

The right of representation is usually called the situation when the inheritance is accepted by the descendants of the main heir. In order for the right of representation to be realized, it is necessary that the legal heir die before the testator or at the same time as him. To better understand this definition, let's look at an example.

Suppose the testator has a granddaughter and a son. If you look at their status of inheritance law position, it will look like this:

• son - is included in the 1st category of heirs by law, since he claims the property of his father;
• grandson - is included in the 1st category of heirs by nomination, since he claims the property of his grandfather.

The grandson will be able to exercise his right only when his relatives die in the following sequence:

• first the father (the direct heir) will die;
• then the grandfather (testator) dies.

What does the order of inheritance look like when persons will take over property based on the principle of representation?

The order of inheritance is determined only for three categories of persons who have the right to initiate legal relations based on the principle of representation.

What is hereditary transmission?

The definition and conditions for the implementation of hereditary transmission are defined in Article 1156 of the Civil Code of the Russian Federation. This term refers to a legal situation realized under the following conditions:

• the testator dies first;
• after this, the heir belonging to the first priority dies and does not have time to exercise his rights to the inheritance.

Let's look at an example of what this would look like. Let's assume that the deceased testator has an only son, who must formalize his rights within the allotted period (6 months). If he does not have time to do this and dies, then the grandson of the testator will join the inheritance matter. Two types of inheritance will be placed at his disposal:

• grandfather's property;
• all the father's property.

It is precisely this joint complex that is called “transmission” in inheritance law.

Conclusion

Let us immediately note that the legislative regulations for the transfer of inheritance in order of priority hide many nuances, the interpretation of which will depend on the specific situation and all sorts of additional circumstances. Therefore, if after studying the general information you want to clarify something, be sure to leave your questions in the reviews under the article. We will try to study your case and give useful advice.

Categories of priority heirs

Despite the fact that the categories of first-stage heirs are clearly indicated in the Civil Code of the Russian Federation, in practice many questions arise regarding the rights of a particular citizen to inheritance. Who are the heirs mentioned above?

Children

Children are such heirs only if they were born by the testator or officially adopted by him. If the child was not formally the son/daughter of the deceased, but only his spouse, he has the right to inherited property only as a stepson, that is, he is a seventh-degree heir.

Spouses

In order to obtain the right to inherit, you must be legally married to the testator and have documents confirming the fact of its conclusion. Otherwise, a person who considers himself the spouse of the deceased on the basis of cohabitation or a church marriage is not such and has no rights to a share in the inheritance.

Parents

This category of heirs refers to the biological parents or official adoptive parents of the testator who survived their child at the time of opening of the inheritance. Guardians and trustees cannot inherit from a deceased person over whom they had guardianship.

Grandchildren as heirs by right of representation

If the primary heir died before receiving the inheritance due to him by law as the child of the deceased testator, the right to receive it passes to the testator's grandson. The nuances when establishing the right to inheritance are the same - the grandson must be a born or officially adopted child of the primary heir who died earlier, whose relationship with the testator must also be officially confirmed.

Other persons entitled to inheritance

Simultaneously with persons established by law as heirs of the 1st stage, citizens who are disabled and who were dependent on the deceased for at least a year before his death may be called to inherit.

Unworthy heirs

It is so established by nature that sooner or later grief comes to every family - the death of one of its members. Usually, after the funeral, the question arises of dividing the property of the deceased between relatives. In this situation, the direct heirs will inherit everything acquired by the deceased after death.

The situation is quite simple when it comes to a family that has lived a long and happy life. The situation is more dramatic when it is not the first marriage, but the husband or wife has children from another woman. Here events may develop slightly differently and give rise to disputes and conflicts.

The article is intended to resolve possible contradictions and collisions. By understanding all the subtleties now, you can protect yourself from negative consequences in the future.

In this article:

Who is the direct heir after the death of a spouse if there is no will?

It has been established that, according to the law, the relatives of the deceased are the legal successors. The legislator divided them all into 8 (eight) lines depending on the degree of relationship.

The first heirs after the death of the husband without a will are those who were closest to the deceased.

Article 1142 of the Civil Code of the Russian Federation provides a list of these persons, they are:

• wife;
• son or daughter;
• parents;
• grandchildren or granddaughters by right of representation.

An important condition for a woman to inherit is the registration of family relations with a man in the registry office. If she is absent, she cannot be an heir by law. The legal spouse must receive 50% of the acquired joint property in the process of family relations.

Children, whether natural, adopted or from a previous marriage, inherit equally. If a man has been deprived of parental rights, his children can also inherit.

In the case where the father abandoned the child who was later adopted by another person, then this child loses the opportunity to inherit the property of his biological father. An exception is the case when a daughter or son, after adoption, maintained a relationship with a parent, in accordance with a court decision (clause 3 of Article 1147 of the Civil Code of the Russian Federation).

Note! The spouse's children, unless adopted, do not legally inherit the property of their mother's husband. However, if they are disabled and were dependent on him for at least a year, then they are entitled to a share on an equal basis with the other heirs.

In addition, the unborn children of the testator, conceived by him during his lifetime, may inherit. If such a situation arises, the division of the inheritance is carried out only after the birth of the baby, with the participation of his legal representatives.

Parents are a separate category that inherits somewhat less frequently, due to the fact that the overwhelming majority of people die at an old age, when they are no longer alive. In this situation, it does not matter whether the parents are married or not.

Adoptive parents are also treated the same - they have the same rights as biological parents. Guardians and trustees cannot claim inheritance.

Rights of children from first marriage

Most often, the second or third spouse of a person experiences a negative attitude towards these children, which is due to the peculiarity of the female character. They need to be prepared for the fact that after the death of their father, a will may appear written by him, where everything he has acquired will be written to his wife.

If it is known for certain that there has recently been hostile relations between husband and wife, and the man did not think of writing a will with such text, then it is worth trying to challenge it in court, presenting compelling arguments.

In legal practice, it happens that children may not have known about the death of a close relative and missed the established deadline for entering into an inheritance.

The court may restore the deadline for accepting the inheritance in accordance with Art. 1155 of the Civil Code of the Russian Federation, taking into account the fact that the person did not know about this fact or he had valid reasons that prevented him from coming and completing all legal formalities.

In such a situation, the son or daughter of the deceased father must apply to the court to restore inheritance rights. This can be done within 6 (six) months from the moment the reasons for missing the deadline no longer exist.

The court takes measures to preserve the property due to the legal heir, which was previously distributed among other participants in the legal relationship.

Previously issued registration documents for divided property will be declared invalid. In this situation, the share of the new legal successor is allocated at the expense of the inherited material benefits of other participants.

If all parties to the agreement are ready to allocate the due portion to the emerging party and everyone has reached a consensus, then the matter will be resolved without trial. A new agreement is concluded and the rights to real estate are re-registered.

How property is inherited by law

In the absence of a will, property is inherited by the successors of the deceased in accordance with current legislation - according to the principle of priority. First, you should receive a death certificate.

The algorithm then broadly consists of the following steps:

1. Applying to a notary to present rights to inheritance.
2. Providing a list of required documents.
3. Opening and conducting an inheritance case by a notary within the period established by law.
4. After the expiration of time, obtaining a certificate of inheritance.
5. Re-registration of the received property with the Rosreestr authorities.

Despite its apparent simplicity, this process sometimes contains a number of nuances. Another action the wife should take when her husband dies is to try to find a will, on the basis of which it will be extremely clear which scenario is possible.

Contacting a notary

When the death certificate is in hand, you should choose a notary at the place of residence of the deceased. You must first collect documents that must be presented.

Their list includes:

• civil passport of the applicant (spouse);
• stamp death certificate;
• marriage certificate;
• will (if there is one);
• title documents on property, depending on the inherited object.

Once all of them are handed over to the notary, he checks their authenticity and makes copies. Then the applicant writes a statement about his right to inheritance. As soon as the application is submitted, the official opens a probate case.

Deadlines for registration

The general period for opening an inheritance is 6 (six) months after the death of a person. The period for conducting an inheritance case is also six months.

The main thing when visiting a notary is to provide a mandatory list of documents on the basis of which the case is opened, without violating the deadlines.

The legislation makes it possible to bring a number of title documents for property to a notary after some time, but no later than the day of its closing. The main thing is to open a case, and then you can deliver certificates and technical passports.

Documents for an apartment and other property

Things can be completely different. They differ in their functionality and purpose.

May be inherited:

• residential buildings;
• land;
• motor transport;
• deposits, securities;
• household appliances and furniture, jewelry.

Each property has its own list of documents. The greater the functionality, the more information and evidence usually needs to be provided.

So for real estate (apartment or house) you must additionally present:

• technical certificate;
• certificate of absence of debts for payment of utilities;
• document on the estimated value of the object;
• receipt of payment of all tax payments;
• building plan.

Often a person already has some of these documents in his hands. The other part should be obtained from government agencies. It's better to take care of this in advance.

The following list is required for a car or other vehicle:

• registration certificate;
• certificate of the estimated value of the object;
• certificate of absence of tax deduction arrears.

It is important that the documents are not expired and that the item does not change ownership. The car or motorcycle must not be under arrest or mortgaged.

To receive savings from a bank you must provide:

• bank account details or the agreement itself;
• savings book;
• details of the rented safe deposit box;

If there are no account or agreement numbers, but there is reliable information that the deposits exist, the notary will independently find it by sending a request.

When there is a question about shares, you should provide:

• information about the legal entity;
• extract from the organization's register.

An extract from the register can be taken by any person claiming an inheritance. To do this, you should meet with a representative of the department or HR department, or another authorized person in the organization who can resolve this issue.

Who bears the registration costs and how much?

Any notary expenses have their own cost, including those under consideration. Therefore, before your visit you need to take the required amount of money with you. There is a rule - each heir independently pays for notary services and state fees in the indicated amounts.

If they are minors, then their legal representatives pay for the services. Their mother pays for their children and herself.

In accordance with Art. 333.24 of the Tax Code of the Russian Federation, the following notary fees exist::

• a certificate of inheritance by law or will will cost the first-priority heirs in the amount of 0.3% of the total value of the estate, but not more than 100 thousand rubles. For all other relatives it is 0.6%;
• for issuing a certificate for the share of jointly acquired property - 200 rubles;
• payment for an application for claiming inheritance rights – 100 rubles;
• issuance of duplicate documents – 100 rubles;
• sending a request to the bank – 50 rubles.

The most significant amount is the payment of the state fee for obtaining a certificate of inheritance. All other expenses are not large.

How is the inheritance distributed after the death of the husband?

When the stage of property division begins, the main criterion will be the correct allocation of shares and property. It is important that everyone who can inherit receives their share.

At this stage, property, jointly acquired and personal, should be divided. When inheriting by law, the acquired property is determined accordingly, from which a mandatory marital share is allocated equal to 50% of this property.

After which, the remaining part, including personal, is divided among the heirs in equal parts.

Common shared ownership

There is such a thing as shared property between spouses. This is when all property before marriage or during it is divided into equal or unequal parts. This happens on the basis of a marriage contract concluded between the parties.

The marriage contract determines to what extent it belongs to the spouses and, accordingly, is inherited after their death. If there is this document, everything will be inherited in the way specified in it.

Mandatory heirs

In jurisprudence, there is a concept of obligatory heirs. In any situation, regardless of the will of the testator and his successors, they have an obligatory share in the inheritance.

• minors and disabled children;
• disabled spouse and parents;
• disabled dependents who were supported by the testator for at least a year before the tragic event.

Provided that the spouse is a pensioner, she will also count on the obligatory part, regardless of the presence of a will. The share of this category is at least 50% of the amount that would be required by law.

Allocation of spousal share

It can be identified by contacting a notary. To do this, you need to write an application and provide the entire range of title documents for the inheritance estate so that the division occurs legally.

It will include exactly half of the property acquired during the marriage. It is not divided among other legal successors. Usually the other parties are notified of such a step.

It does not include anything that was not acquired during marriage, as well as property donated or inherited to the spouse during life, as well as property privatized without the participation of the wife.

Does the ex-wife have rights?

She retains certain opportunities to sue for part of the property, provided that after the divorce, everything acquired was not divided between the spouses. The ex-wife has the right to go to court, claiming her part. This usually happens when the question of dividing real estate arises.

When property in a previous marriage was legally divided after or during a divorce, the ex-wife has no right to claim any share.

It is important that the husband or wife does not have any unresolved issues related to the division of acquired property in a previous marriage.

Possible conflicts with children from a first marriage

The relationship between children and the father's real wife is often characterized as hostile. Therefore, you should expect surprises.

This may be an untimely notification of the death of the father to the children, an attempt to independently appropriate the things of the deceased (books, clothes, equipment) that do not require a written or notarized agreement on the division of inherited property.

Attempts to divide the inheritance mass without the participation of children cannot be ruled out. Let's give a couple of life situations.

Example No. 1. Savings in marriage

After his death, the man was left with a two-room apartment, a garage and 2 million rubles in the bank. Among the heirs were his wife and two children from a previous marriage. The apartment and garage were purchased by a citizen until his last marriage.

The funds were recognized as assets, and the wife received her share in the amount of 1 million rubles according to the law. Everything else was divided in three equal parts between the wife and two children.

Example No. 2. Division of property between wife and children from first marriage

After the death of the husband, his retired wife and son and daughter from a previous marriage remained alive. The inheritance consisted of an apartment, a dacha, a car, and a deposit in the amount of 1 million rubles.

The only common family property was a car. In this situation, the wife teaches 50% of the car as an obligatory part. Everything else is divided between her and the children in three equal shares.

In conclusion, I would like to note a number of points that it is advisable to take into account in such situations. It is better to prevent possible negative consequences than to correct them later.

First of all, it is necessary:

1. Determine whether a will was written by the deceased.
2. If most of the things were acquired by the wife, and the husband has children from a previous relationship, a will should be written.
3. When the parties are in an unequal financial situation, it is best to conclude a marriage contract.
4. Do not enter into conflict throughout your family life with children from your first marriage, but rather show them attention and friendliness.
5. First of all, the person (spouse) who lived with the deceased and used them will claim household items, furniture, and equipment.

Everything needs to be resolved through negotiations, including emerging issues related to the division of inheritance. You need to demand only what belongs by law.

Reading time: 5 minutes

Accepting a part in the inheritance presupposes not only compliance with the order, but also other features of inheritance legislation that precisely establish the priority of applicants. This article provides comprehensive information about how heirs of the first priority by law can accept or refuse their share, in what order the division of property will be carried out, as well as information about receiving property under a will.

Receiving an inheritance by law

Receiving your share in the property of a deceased relative is possible both by will and by law.

The procedure for entering into inheritance presupposes the presence of consanguinity and compliance with the sequence established by the Civil Code of the Russian Federation.

However, there are certain exceptions.

There are also obligatory participants in the inheritance process who cannot be deprived of their share even if they are not indicated in the last will of the testator. To learn about all the features of legislative regulation in this area, we recommend that you read the article “”.

Receiving an inheritance by will

A will allows you not only to transfer property to a specific person, but also to distribute property among several persons in the desired proportions. This document, being a one-sided transaction, must be drawn up in accordance with all norms of the Civil Code of the Russian Federation, and also certified by a notary.

The will comes into force after the death of the testator. The persons mentioned in it must contact the notary and submit to him all the necessary documents within six months. More detailed information on how to receive your share in the testator’s property according to his will is contained in the article “”.

Priority in inheritance

According to Article 1141 of the Civil Code of the Russian Federation, applicants receive their share in the property of the deceased on a first-come, first-served basis. Who first lays claim to the inheritance is established by law: seven lines of inheritance have been established. Even the most distant relative of the testator may be called upon to participate in the inheritance matter. This issue is regulated by Chapter 63 of the Civil Code of the Russian Federation. To find out the position of the other participants in the process, read the materials in the article “”.

Heirs of the first stage

Based on Article 1142 of the Civil Code of the Russian Federation, the heirs of the first stage are the parents of the deceased, his children and spouse. In addition, adopted children are also among the first priority, as they have equal rights with all blood relatives of the deceased. The same applies to the adoptive parents of the testator.

Priority of inheritance within the first line

There are often cases when first-order heirs do not know about the rules for distributing property between them, which leads to conflict situations and even litigation. However, in the legislation of the Russian Federation there are strictly defined rules of priority that establish the order of inheritance.

It is worth saying that heirs of the first priority without a will in Russia have absolutely equal rights both to the property of the deceased and to participation in the inheritance process. In other words, the testator's property will be divided equally between them, unless otherwise specified in the will.

Obtaining a mandatory share by law

Persons who are entitled to a compulsory share by law must receive part of the property of the deceased, regardless of their presence or absence in the will.

Mandatory heirs include:

1. Minor children.
2. Disabled children.
3. Disabled parents.
4. Disabled spouse.
5. Disabled dependents.

Division of property between first-degree successors

The division of the testator's property among the first-priorities occurs in equal shares. So, both the spouse and other heirs of the first priority without a will after the death of the husband will divide his property equally.

Receiving an inheritance after the death of a spouse

The spouse of the deceased is included in the number of inheritors, but cohabitants are not considered to be first-degree heirs.

A marriage is recognized as legal only if it was concluded in the registry office. Any other forms of cohabitation do not allow you to be among the first in line and do not imply participation in the inheritance matter.

If a will has not been drawn up, receiving part of the deceased's assets is possible under current law. The spouse in such a situation can receive his half of the common property, as well as a part of the entire property of the testator, which is due to him by law.

Succession process without first-rank successors

There are often cases when the testator does not have a first line of heirs: the deceased may have neither a spouse, nor children, nor parents. However, there are almost always relatives to whom the property of the testator can be transferred by law in the second, third or even fourth stage.

Of course, in the absence of a spouse, children and parents, property will be divided between the second line, which is represented by brothers, sisters, grandparents. Next come uncles and aunts. Most often, each deceased person has such relatives, but if necessary, more distant successors can be invited.

Registration of refusal

It is important to remember that receiving an inheritance is an opportunity, not an obligation. The answer to the question whether the heir of the first priority can refuse in favor of the heir of the second, and so on, will be in the affirmative: every citizen has the right to refuse the property due to him. But there are certain clauses in the law that may prevent refusal. For more detailed information, we recommend that you read the article “”.

Right of representation in inheritance matters

The right of representation is part of the inheritance process and exists so that the relatives of the testator can receive their share. Also, with the help of this right, the interests of some relatives, in particular nephews, are represented. For example, if the inheritance after the death of the parents cannot be divided between the brothers and sisters (in the event of their death), the division will be made between the cousins ​​by right of representation. More information about the role of representation in the hereditary process can be found in the materials of the article “”.

In what cases can a first-line heir be left without an inheritance?

The rights of first-priority heirs without a will allow them to receive their share of the property in accordance with the legislation of the Russian Federation. A person loses his share in the testator’s property if he voluntarily renounces it, which is quite rare in practice.

However, a court may exclude a person from receiving inherited property at the request of a third party for special violations provided for by the Civil Code of the Russian Federation. For example, for illegal actions both in relation to the testator and in relation to other inheritors.

Does the testator have the right to disinherit?

According to Article 1119 of the Civil Code of the Russian Federation, every citizen can freely dispose of his property in a will. In other words, the testator, at his own discretion, decides who should receive this or that part of his property. So, for example, the first heirs after the death of the father may be left without any share in his property if the testator did not indicate them in his will. In such a situation, only those included in the obligatory share are guaranteed to receive their share of the property. Information about the testator's free will can be found in the article "".

Recognition of the heir as unworthy

The legislation of the Russian Federation provides for the possibility of depriving a person of the right to inherit in certain situations. For example, if the heirs of the first priority after the death of their brother put pressure on other inheritors, the court will recognize them as unworthy and will deprive them of the opportunity to receive the inheritance.

The procedure for recognizing a person as an unworthy heir and the list of persons who, by law, do not have the right to receive an inheritance are set out in Article 1117 of the Civil Code of the Russian Federation. Even the existence of a mandatory share by law will not allow us to correct the current situation. To understand which persons are considered unworthy of inheritance, it is worth reading the article “”.

How to receive an inheritance by law: Video