Claim for recognition of inheritance and recognition of property rights

What is actual acceptance of inheritance?

The loss of a loved one is a serious stress for everyone. Not everyone asks questions related to property registration.

The state provides for a certain loyalty, expressed in the possibility of actual entry into inheritance rights. This opportunity is of particular relevance for close relatives living in a common living area. The rights of heirs to objects inherited without registration will not be complete. The owner will not be able to carry out actions related to the alienation of property.

Let's consider the correct sequence of actions of heirs in such situations.

A statement of claim for acceptance of inheritance and recognition of ownership is a necessary step in most situations of actual acceptance. In what cases can you avoid filing a claim for acceptance of inheritance and recognition of property rights, and we will consider in more detail situations when you cannot do without going to court.

The legislation considers two options for entering into inheritance rights: actual and documented. It is possible to document inheritance by contacting a notary. Valid inheritance involves performing certain actions within the period established by regulations, for example:

  • Dispose of property;
  • Save object;
  • Invest in content;
  • Repayment of debt obligations, receipt of funds.

One or more actions may be treated as actual inheritance.

The need to recognize actual inheritance

The law establishes mandatory documentary evidence of inheritance rights, allowing full disposal of property. An application for actual acceptance of the inheritance and recognition of property rights must be submitted to the court. An application to the court for the actual acceptance of an inheritance is drawn up in accordance with a strictly regulated form and supported by documents.

Actual inheritance imposes certain restrictions on actions:

  • Withdrawal of funds from accounts;
  • Sale of property;
  • It is forbidden to give or inherit;
  • It is impossible to use the car;
  • You cannot receive material benefits, for example, renting out property;
  • Become the full owner of a share in the LLC.

If the timing of the inheritance allows, an application for the desire to receive an inheritance is submitted to a notary.

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