Restoring the deadline for accepting an inheritance: problems of law enforcement. Restoring the deadline for accepting an inheritance: judicial and extrajudicial procedures Valid reasons for missing the deadline for accepting an inheritance

The period for entering into inheritance is 6 months. They are counted from the moment the inheritance case is opened. That is, from the next day after the death of the testator. During this time, the person must submit documents to obtain the right to property at the notary's office, as well as write a statement of consent to accept the property. The time allotted for the procedure is not considered missed if the person did not manage to submit all the required documents to the notary. It is enough to contact a specialist with an application and a passport. However, despite the simplicity of the procedure, not all persons have time to resolve issues with registration for valid reasons. In this case, the missed deadline is restored.

If you missed time - ways to restore the deadline for entering into an inheritance

If six months have passed, how to enter into an inheritance? There are two ways to do this:

• Extrajudicial. If you are late in entering into an inheritance, you can resolve the issue by avoiding litigation. This requires obtaining written consent from the persons who have already received rights to the distributed property. These documents should be submitted to a notary. He cancels the validity of the issued certificates and initiates the procedure for the distribution of property taking into account the new person. The entire event is carried out through a notary’s office, without going to court;
• Judicial. If you are unable to obtain permission, you should go to court. A statement is drawn up. It is necessary to submit an application, not a lawsuit, since there is no other party in the case.

Article 1153 of the Civil Code of the Russian Federation states that if the deadline for entering into an inheritance is missed, by law a person can apply for a certificate at any time. The law provides. Missing the deadline for entering into an inheritance and the procedure for its restoration can be studied in the Civil Code. Sometimes this issue is resolved out of court. The need to go to court is associated with disputes between claimants for property and the lack of evidence of the actual acceptance of the inheritance.

Missing the statute of limitations in inheritance cases is a common occurrence. The reasons for this are different: busyness, illness, false information. Federal legislation is loyal to heirs and allows entry into inheritance after a period of 6 months established by legislative acts. So, now we will understand the question of what to do if the deadline for entering into an inheritance has been missed.

When do the deadlines for accepting an inheritance by law expire?

The laws define a six-month period for a person to accept an inheritance. Sometimes it may be extended. For example, if the heirs of one line “in full” refuse the inheritance, then the persons of the next line have the right to submit applications to accept the property of the deceased within three months from the moment of receiving information about the possibility of inheritance.

When the deadline for accepting an inheritance has been missed or it is necessary to appeal, challenge the size of the due part, the share of other heirs, interested parties, their representatives (guardians, trustees) are given a three-year period to resolve the problems. As a rule, such misunderstandings are resolved by the court.

Procedure in case of missing a deadline

How to enter into an inheritance after the 6-month period established by law for accepting an inheritance? To rectify the situation and obtain ownership of the deceased’s property, you can use two methods:

• pre-trial settlement;
• judicial resolution of the conflict.

Pre-trial settlement

Pre-trial settlement is used if other successors voluntarily agree to cede part of their shares to the “belated” heir. Or the person actually owns the property of the deceased, but did not submit an application to the notary regarding acceptance of the inheritance.

In this case, if the re-registration of the inheritance has already occurred, then the “compensation” property is transferred to the newly-minted heir on the basis of a gift agreement (agreements). The disadvantage of this procedure is that you will have to pay a 13% personal income tax tax to the state treasury when completing the transaction.

The tax is not paid if the donor is a close relative (second spouse, parents, children, grandchildren, grandparents).

The gift agreement is not necessarily certified by a notary. You can compile it yourself, and you must provide the following to the registration government agency:

• passports of the donor, donee;
• a document confirming the relationship (birth certificate, paper confirming a change of surname);
• materials for donated property;
• receipt of payment of state duty.

The state duty for donating property is 2,000 rubles, land - 350 rubles.

If the heirs refuse to voluntarily reduce their shares, then only the court will resolve the dispute.

Judicial resolution of the conflict

How to confirm the actual entry into inheritance? As a rule, the courts require confirmation that the applicant actually managed the property and took care of its preservation. Therefore, the court will definitely rule in favor of the plaintiff if they are provided with:

• proof of payment of taxes on the testator's property;
• documents confirming the costs of repairing the premises;
• receipts for payment of utility services by the testator;
• testimony of witnesses who will confirm, for example, the actual move into the house (apartment), the processing of the land.

Witnesses must be selected from among the neighbors of the testators.

During judicial review the following is established:

• is it possible to restore the deadline for accepting an inheritance (the validity of the reasons is analyzed);
• determination of new shares of heirs (if the claim is satisfied).

Valid reasons for missing the deadline for entering into inheritance

The decision is made on the basis of the documentation provided and the testimony of witnesses. What reasons for missing the 6-month deadline for entering into an inheritance are valid for the court? The courts only take into account the following:

• the heir lacks information about the death of the testator;
• disease;
• stay abroad;
• being on a long business trip;
• being in compulsory military service;
• being in prison.

Such explanations as legal illiteracy are perceived very critically by the judge. And if the plaintiff declares that he was unaware of the existence of the inheritance (that is, the person knew about the death of the testator, but he did not know about the inheritance), then the court will definitely refuse to satisfy the stated claims.

Please note that confirm the validity of the reason for missing the inheritance necessary evidence. In their capacity can protrude documents (sick leave, international passport, military ID), as well as witness statements. The latter can confirm that the heir really did not communicate with relatives and therefore could not know about the death of the testator.

Reinstating the statute of limitations

In a situation where the statute of limitations has passed, only the court will help. You can get the required solution using the following algorithm of actions:

• collection of documents confirming that the deadline for entering into inheritance was missed due to valid reasons;
• filing a claim;
• preparing a petition to prove to the court that the expiration of the period for accepting the inheritance occurred outside the will of the heir;
• submission of a package of documents to the court.

Attached to the claim:

• photocopy of passport;
• TIN information;
• death certificate of the testator;
• grounds for inheritance (proof of family ties, photocopy of the will);
• statements about other heirs;
• reasons for missing deadlines (documentary evidence);
• confirmation of payment of state duty.

The state fee for considering inheritance cases (reinstatement of a missed deadline) is 200 rubles.

The notary must explain heirs who agree that their share will decrease in the event that a person who missed the deadline enters into inheritance rights, that is, it will happen redistribution property. In certain cases, consent may result in the complete loss of a share of the estate.

Citizen P.R. Ivanov drew up a will, from the contents of which it follows that all his property after death will pass to E.S. Zaitsev. The latter, at the time of the testator’s death, was on a long-term business trip. Upon return, Zaitsev E.S. it became known that the heirs at law accepted the property of the testator. Since 7 months have passed since the opening of the inheritance, the successor under the will has lost the right to acquire the inheritance. Having approached the heirs with a proposal to resolve the issue of restoring the term through conciliation, the latter did not express any objections, since the notary explained to them that in this case they would lose the property they had received.

Notary cancels the earlier issued certificate of the right to inheritance constitutes a new one, if all legal successors agree. The decision to invalidate the previous certificate and the latest certificate are the basis for re-registration of rights to real estate in Rosreestr.

If the inheritance certificate is still was not issued, then, upon the application of the remaining heirs, including the heir restored to rights, the notary must issue the corresponding document to all legal successors.

The conciliation document may regulate the issue of transferring the due share to the heir (who missed the deadline), in kind or in cash. The said paper may also reflect the decision to reimburse the person in whose favor the agreement was drawn up for lost income from the property due to him for the costs of other heirs for the transfer of property.

The heirs, when drawing up a conciliation document, are obliged to comply with the rules on the protection of inheritance rights incapacitated, minors and citizens with limited legal capacity. The guardianship and trusteeship authority must be notified of the preparation of the above document.

Judicial procedure for restoring the deadline for accepting an inheritance

If it is impossible to resolve the issue of inheritance through conciliation, regardless of the reasons, it will be possible to restore the missed period of inheritance through court.

To go to court, you must have a missed deadline and apply in person. heir to the specified authority, or its representative. In the event of the death of the heir, it will not be possible to restore the period. That is, if a person who did not have time to accept the inheritance died, then his heirs have the right to express their desire to acquire the unaccepted inheritance, in the order hereditary transmission.

Recovery the period for accepting the inheritance must be distinguished from the establishment legal fact. The point is that a citizen who has actually taken possession and use of property, albeit without documentary evidence, having missed the deadline for contacting a notary, must not restore it, but petition to establish the legal fact of the heir’s acceptance of the inheritance.

In this situation, the fact of ownership must be indisputable; for example, the heir lives in the apartment of the deceased, takes care of the home and maintains its normal condition, and pays for utilities.

Statement of claim for restoration of the period for accepting an inheritance

The statement of claim is filed in accordance with the specified requirements of the law. The content depends on the specific situation; in the case of drawing up an application independently, you can be guided by Art. 131 Code of Civil Procedure of the Russian Federation.

Attached to the claim list of documents:

• copies statements on the number of defendants and third parties + 1 for the plaintiff, which will indicate the acceptance of the package of papers;
• receipt on payment of state duty;
• power of attorney, in case of representation of the plaintiff by another person;
• copies of documents confirming circumstances referred to by the plaintiff;

These can be certificates from the hospital, from the place of work, indicating that the reason for missing the deadline is valid, documents characterizing the composition of the inheritance, etc. All arguments that the plaintiff points out in the claim must be confirmed documented.

The statement of claim is filed with the district court at the defendant’s place of residence; if his location is unknown, then at the location of the property. In the case where there are 2 or more defendants, the plaintiff has the right to file an application with the court at the place of residence/location of one of the defendants, of his choice.

For your information

If the property is an inheritance or part of it, then it is necessary to restore the period through the court at the location of this property.

Court decision to restore the deadline for accepting an inheritance

Restoring the deadline for accepting an inheritance due is a procedural concept, since such actions are carried out through a statement of claim in court.

Decision, court does not renew, but directly resolves the issue on its merits. The proceedings are conducted by listening to the plaintiff, defendants and third parties, if any, and examining the evidence provided.

In addition to restoring the deadline, the court in its decision may consolidate the ownership of the due share in the inheritance if the plaintiff asked the court about this in a statement. After a decision has been made in favor of the plaintiff, the need to contact a notary to issue a certificate of inheritance disappears.

If it is necessary to register rights with a justice authority (or other institution), the court decision is law-establishing document. Based on it, the procedure takes place transition property rights.

The court will not only satisfy the claim if the reasons for missing the deadline are recognized as valid, but also the shares of all other heirs are determined. If the need arises, during the legal proceedings, measures are determined to protect the rights of the plaintiff to the due portion of the inheritance.

Citizen C missed the deadline for accepting the inheritance after his mother, as a result of which all the property left behind by the deceased was considered escheat and was subject to transfer to the municipality. The reason C missed the deadline for accepting the inheritance was that he was undergoing treatment at an Israeli oncology clinic, which was a valid reason for missing it, and therefore C was advised to go to court to have it reinstated.

Having filed a lawsuit to restore the deadline on the basis of clause 1 of Art. 1155 of the Civil Code, S provided all documents confirming his stay in treatment, as well as his inability to leave it. Since S filed the claim immediately upon returning from Israel, he did not miss the six-month period after the reasons for the absence ceased, and therefore the court satisfied his demands and restored the period for accepting the inheritance.

You can protect your rights and prevent the re-registration of the inheritance claimed by the plaintiff to third parties received by the remaining heirs by imposing a ban on registration actions with the subject of the dispute. In civil law, these actions are called interim measures, which are imposed by the court at the request of the applicant for property.

The law clearly establishes the period during which it is necessary to declare your claims to the inheritance and take all necessary actions.
But even if the specified period is missed, it can be restored in certain cases. Let us consider in detail what these situations are and what needs to be done in order not to be left without a legal inheritance.

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○ How to legally restore the deadline for accepting an inheritance through a notary or court.

If the reason for missing the deadline is valid, it is subject to restoration in pre-trial or judicial proceedings. In the first case, the heir must contact the other recipients of the property and obtain from each of them a written consent to the redistribution of property, certified by a notary. Such a document can be accepted by a notary as the basis for restoring the lost period and accepting an application for inheritance rights.

An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code. The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate (Clause 2 of Article 1155 of the Civil Code of the Russian Federation).

If it is not possible to resolve the issue amicably, the heir can go to court, presenting evidence of the justification for missing the deadline.

At the request of an heir who has missed the deadline established for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and under the condition that the heir, who missed the deadline established for accepting the inheritance, went to court within six months after the reasons for missing this deadline disappeared (clause 1 of Article 1155 of the Civil Code of the Russian Federation).

○ What is the deadline for accepting an inheritance?

The deadlines for accepting an inheritance are regulated by Art. 1154 of the Civil Code of the Russian Federation. In accordance with this law, it is:

• Six months from the date of death of the testator.
• 6 months from the date of receipt of the right to receive property in case of refusal of inheritance.
• Three months from the date of expiration of the six-month entry period, if the rights to the inheritance have not been claimed by anyone else.

○ Is it possible to restore the deadline if it is missed?

In accordance with Art. 1155, an heir who fails to declare his rights to property on time can claim restoration of the lost time only if he proves that this happened for good reasons.

✔ Grounds for reinstating the term.

The following reasons may be considered valid:

1. The heir did not know or could not know about the death of the testator (for example, he rarely communicated with him or had no contact at all).
2. The heir knew about the death of the testator, but did not know about the existence of the inheritance mass, the will and its inclusion in its composition.
3. The violation of the deadline occurred due to a complete or partial violation of legal capacity or physical ability to enter into one’s rights (for example, if the heir had not reached the age of majority at the time of opening the will or had mental or physical health problems).
4. A long stay outside the country and the inability to arrive on time (for example, if this is a business trip or a diplomatic trip that cannot be interrupted).

✔ Statement of claim.

The claim is filed in the district court at the place of registration of the remaining heirs. It is drawn up in accordance with procedural and legislative norms and must contain:

• The full name of the judicial authority to which the application is sent, as well as its address.
• Details of the plaintiff (full name, registration address, passport and contact details).
• Details of the defendant (full name, registration address).
• Document's name.
• Information about the testator (full name and address of registration or last place of residence).
• Grounds for filing a claim (family connection or inclusion in a will).
• Information about the hereditary mass.
• Cost of claim (equal to the value of the property claimed by the applicant).
• Indication of the circumstances due to which the deadlines for entering into inheritance were violated.
• Evidence of the above circumstances.
• Demand (reinstatement of the missed deadline).
• List of attached documents (passport, death certificate, confirmation of relationship, will, refusal of the notary to extend the period, check for payment of the state fee).
• Date and signature of the plaintiff.

A sample claim can be downloaded here.

Court decisions based on the application of the norm of Article 1155 of the Civil Code of the Russian Federation.

Art. 1155 of the Civil Code of the Russian Federation. Acceptance of inheritance after the established period

Arbitrage practice

Resolution No. 44G-229/2018 4G-4251/2018 of November 28, 2018 in case No. 2-2033/17

St. Petersburg City Court (City of St. Petersburg) - Civil

dated May 29, 2012 No. 9 “On judicial practice in inheritance cases”, if when accepting an inheritance after the expiration of the established period in compliance with the rules of Article 1155 of the Civil Code of the Russian Federation, the return of inherited property in kind is impossible due to the absence of the heir who accepted the inheritance in a timely manner, the corresponding property, regardless of the reasons why it was impossible to return it...

Decision No. 2-3500/2018 2-3500/2018~M-3723/2018 M-3723/2018 dated October 30, 2018 in case No. 2-3500/2018

Zheleznodorozhny District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative

In the event of the death of a citizen, the ownership of his property is inherited by other persons in accordance with a will or law. In accordance with Art.

1155 part 1 of the Civil Code of the Russian Federation, upon the application of an heir who has missed the deadline established for accepting the inheritance (1154), the court can restore this deadline and recognize the heir as accepting the inheritance if the heir does not...

Decision No. 2-6055/2018 2-6055/2018~M-5652/2018 M-5652/2018 dated October 30, 2018 in case No. 2-6055/2018

Leninsky District Court of Orenburg (Orenburg Region) - Civil and administrative

The deceased insured person’s pension savings accounted for in the special part of individual personal accounts”, approved by the Government of the Russian Federation... (hereinafter referred to as the Rules). In accordance with Part 1 of Art.

1155 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), upon the application of an heir who has missed the deadline established for accepting the inheritance, the court may restore this deadline and recognize the heir as accepting the inheritance if...

Missing the deadline established by law. The plaintiff filed an application to restore the deadline for accepting the inheritance on September 14, 2018. In accordance with paragraph 1 of Art.

1155 of the Civil Code of the Russian Federation, at the request of an heir who missed the deadline established for accepting the inheritance (Article 1154), the court can restore this deadline and recognize the heir as accepting the inheritance if the heir did not know...

Decision No. 2-3254/2018 of October 30, 2018 in case No. 2-3254/2018

Leninsky District Court of Nizhny Novgorod (Nizhny Novgorod Region) - Civil and administrative

Every. By virtue of Art. 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance. In accordance with Part 1 of Art.

1155 of the Civil Code of the Russian Federation, upon the application of an heir who has missed the deadline established for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know...

Decision No. 2-8154/2018 2-8154/2018~M-6808/2018 M-6808/2018 dated October 30, 2018 in case No. 2-8154/2018

Central District Court of Khabarovsk (Khabarovsk Territory) - Civil and administrative

She was married and lived together with FULL NAME2 with DD.MM.YYYY until the day of his death DD.MM.YYYY. In accordance with paragraph 1 of Art.

1155 of the Civil Code of the Russian Federation, upon the application of an heir who has missed the deadline established for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know...

Decision No. 2-1889/2018 of October 30, 2018 in case No. 2-680/2017~M-347/2017

Kislovodsk City Court (Stavropol Territory) - Civil and administrative

Defendants Burlakov Ismail Mussaevich (), Burlakova Khalimat Ismailovna () and Burlakova Zuhra Topchukovna Moreover, according to the rules on inheritance (Article 1155 part 4 and 1114 part 1 of the Civil Code of the Russian Federation), the accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual adoption, as well as regardless of...