Statement of claim for restoration of the period for accepting an inheritance: rules for drawing up and sample

Missed deadline

But if six months have already passed, time is considered lost. Not a single notary will accept a standard application - after six months, the latecomer is not entitled to anything. But there is still one last chance: you will need to convince the court that you had serious reasons for the delay. If you manage to collect evidence, the period for entering into inheritance will be increased especially for you.

Remember! Six months after death! Moreover, here it is absolutely not important whether the deceased had a will or not. Six months, anyway. For any heirs: parents, children, close relatives or not relatives at all. It makes no difference whether there is a will or the property is simply divided into parts by everyone. The methods to extend the missed deadline are also the same.

Extrajudicial procedure for restoring the period for accepting an inheritance

How to register an inheritance if the deadline is missed? Among the methods of restoring the deadlines for accepting an inheritance, two types can be distinguished: judicial and extrajudicial restoration. Let us reveal in more detail the actions before the trial.

This procedure includes several stages, namely:

Obtaining consent from other heirs who accepted the inheritance for the person to accept the inheritance and missed the deadline for entering into inheritance rights. Such consent must be notarized either at the notary office where the inheritance case is located, or at other notaries. Simple written form is not permitted.

Appeal to a notary who is in charge of the inheritance file of the testator

When contacting a notary, you must take all the documents to register inheritance rights, these may include:

• information about death (date, certificate number, etc.);
• ID confirmation;
• confirmation of valid reasons;
• information about property;
• legislative – procedural and legal norms;
• part with a petition;
• list of additions, plaintiff’s signature and date.

Obtaining a certificate of right to inherited property from a notary

The advantages of this method, subject to the above conditions, is that there is no need to prove valid reasons for missing an application to accept an inheritance. In the case under consideration, all previously issued certificates of the right to inheritance to other heirs will be canceled upon receipt of new ones, and shares in the inherited property will be redistributed.

Moreover, heirs who have previously formalized their inheritance rights may completely lose their inheritance rights, for example, in a situation where the deadline for accepting an inheritance is restored by an earlier heir or an heir under a will.

However, even if there is the consent of all heirs to the entry of a new person, inheritance rights may not work under certain circumstances, for example, such as: all the heirs of one line/under the will missed the deadline for accepting the inheritance; the person who missed the deadline for accepting the inheritance is the only heir. These possibilities exclude the out-of-court procedure for restoring the deadlines for accepting an inheritance, due to the fact that after the expiration of the relevant deadlines, the state is considered to be the person inheriting the property.

USEFUL: watch the video on inheritance registration

Agreement with relatives

Actually, everything can be resolved amicably, but this requires good relations with the other heirs. With those who were on time and entered into the inheritance in the first six months. These people must agree that they not only got their share, but yours too. And also agree to give you a share (or pay you in money). Moreover, all this is not said in words, but written down on paper.

If at least one of the successful heirs refuses to sign such a paper for you, you will have to go to court. If there were no other heirs besides you, then you will also need to go to court. And finally, those who managed to miss the six-month deadline all together (family or company) will have to sue. Otherwise, it will be considered that since no one entered into the inheritance, then no one needs it - and everything goes to the state.

How is this done without a trial?

Without a trial, this is what you need to do. Firstly, you will need to contact all (!) successful heirs and request their consent. The heirs can agree one by one, then you will end up with a stack of documents in your hands. Or you can draw up one common paper and collect only signatures from everyone. It's whatever is more convenient for you.

But then it will be more difficult. The resulting paper (or stack of papers) must be certified by a notary. Moreover, all participants in the events, all heirs - both those who were late and those who were in time - need to come to this notary. This cannot be done by mail.

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So that no one later says that he was deceived, the notary will once again explain to everyone that the shares will be smaller - after all, they will have to allocate a part to the latecomer. If at this moment no one changes their mind, the notary will certify the consent.

After that, all that remains is to issue certificates of inheritance for everyone. For all! If the successful heirs have already been issued their certificates, the notary will cancel them and issue new ones. The difference between new and canceled ones will be precisely that another heir will be added and the shares will become different. If the certificates have not yet been issued to anyone, then nothing will have to be canceled. They will be issued immediately taking into account the person who is late.

Rules for filing a claim to restore the inheritance period

An application to the court to enter into an inheritance due to an expired period is sent to the district authority. The body should be selected when using a territorial basis, that is, at the applicant’s place of residence.

If the originator of the claim has several places of registration, then you can go to court at any of them. An exception is the situation when real estate is involved in inheritance legal relations. Then the application is sent to its location.

Restoration of the missed deadline is carried out within a strictly defined time frame. The provisions of Article 1155 of the Civil Code of the Russian Federation indicate that a claim must be filed within six months . The countdown begins from the moment when the obstacles to obtaining rights to the inheritance are removed.

If this period has expired, the judge will refuse to accept the application. It will not be possible to challenge this decision.

How to draw up an application for restoration of the inheritance period

There is no standard form for filing a claim. However, the document must reflect certain information.

Including:

• name of the judicial authority to which the claim is sent and address;
• details of the citizen who filled out the application: last name and initials, place of residence and telephone number;
• similar information about the defendant;
• composition of the hereditary mass;
• the basis for obtaining rights to the property of the deceased. This is the order of priority defined in the Civil Code of the Russian Federation, a testamentary act, the right of representation;
• the reasons why the deadline was missed;
• data of persons who are classified as heirs;
• listing of documents attached to the application;
• date when the claim was filed;
• signature.

When filling out an application, a citizen is required to justify his position and refer to the provisions of the Civil Code of the Russian Federation, which he was guided by when writing.

What documents to attach to the application

When a person files a statement after the deadline, he needs to make as many copies as there are people involved in the case.

The application to the claim is:

• a document through which the identity of the applicant is verified;
• an act confirming the fact of death of the property owner;
• power of attorney, if the applicant himself is not involved in the process;
• documentary evidence of the legality of the person’s claims;
• acts indicating valid reasons for missing a deadline;
• refusal issued by a notary;
• expert opinion on the value of the property;
• legal acts.

You will also need to attach a receipt indicating payment of the state fee to the application.

Consent of other heirs

Even if the relationship between everyone is excellent, there may be problems with obtaining consent. The most convenient case is when working adults come to an agreement with each other. But in life it often happens differently.

For example, there is a child among the heirs. His rights are protected by law and cannot be infringed. If the notary decides that reducing the child’s share infringes on his rights, he will simply refuse to certify the agreement. It’s the same story with incapacitated people: you can’t take away their shares, even if everyone seems to agree.

Heirs and inheritance

Let's say the heir named in the will is late. Now each of those who were in time must sign a paper - they say they agree to reinstate the latecomer’s rights. The trick is that these rights will be determined precisely by the will. The latecomer will receive the share of property that is named there. Not necessarily “equal to others” or “a little bit from everyone”! Other heirs often don’t understand this: they think that they will sign an agreement and share as much as they like. No! It will be as promised, and they won’t even be asked.

Let's imagine that the family divided the uncle's inheritance. And then they found a will, according to which the uncle, it turns out, leaves everything to his neighbor. If the relatives sign the consent, then the will begins to work. And the family must give the neighbor all his uncle’s property and money. Don't share partially, but give completely! Because the will says so, and they themselves agreed to “run” this will. It is clear that such agreements are rarely signed voluntarily.

Parties to the case when considering inheritance claims

This claim is filed by a person who wants to restore his rights to obtain the status of owner of the property of the deceased. In this case, it does not matter what is the basis for entering into inheritance relations: a will or the provisions of the law.

In addition to writing an application to reinstate the term, the citizen will need to collect evidence and present it to the court. You also need to pay a state fee.

The second participant in the process is the defendant. This citizen has already entered into hereditary powers. He expresses disagreement with receiving a share of the deceased's property. If there are no such heirs, then the municipality, regional or federal institutions are involved in the process.

Heirs' objection

We gave an example of a situation (with an uncle and a neighbor) when the heirs who were in time are unlikely to support the late one. Most likely, she will be turned away right away. And such refusals happen much more often than peace treaties. No one is happy to return money already received.

So if you, as a late heir, initially see that your appearance is a big hit in the pockets of those who managed to do so, then immediately prepare for refusal and legal proceedings. Those who succeed have the right to refuse you without talking. The refusal is issued in writing, and this is done again by a notary. After you have received the refusal document from the notary, you can go to court with this document.

Some heirs are better protected than others. These are those from whom, by law, their obligatory shares cannot be taken away. For example, young children of the deceased. Even if the deceased made a will in which he transferred everything to other people (and did not mention children), this document will only be partially valid.

First, the children will be allocated their shares, and only then, for the remainder of the inheritance, will the will work. In such cases, the heirs also do not like to sign anything. Because they risk a lot: you can come to an agreement, sign an agreement, and then such a protected heir will suddenly put forward new demands. And they will be satisfied, and the rest will get less than what was agreed upon.

Amount of fee when going to court

Restoring the deadline for entering into an inheritance requires that a fee be paid for the statement of claim.

There is no set amount, as it depends on the cost of the claim. This amount is determined on the basis of the appraisal report.

The provisions of Article 91 of the Code of Civil Procedure of the Russian Federation indicate that the cost of the application must be indicated by the plaintiff. However, when the determined price does not correspond to market provisions, the judge has the right to determine the actual amount.

Depending on the value of the claim, the following fee is established:

• when the property is valued at less than 20,000 rubles, you will need to pay 4%;
• if the amount is more than 20,000, but less than 100,000 rubles, 3% + 800 rubles are paid;
• if the value of the inheritance is above 100,000 rubles, the citizen pays 2% + 3,200 rubles;
• if the property costs more than 200,000 rubles, the duty is 1% +5200 rubles;
• for objects with a price above 1,000,000 rubles, a fee of 0.5% + 13,200 rubles is established.

The Civil Code of the Russian Federation defines categories of citizens who are exempt from paying duties. This applies to persons with disabilities and representatives of the interests of minor legal successors. If the price of the property is more than 1,000,000 rubles, then disabled people will need to pay a fee.

The amount will be 13,200 rubles + 0.5% of the price of the inheritance estate, reduced by 1,000,000 rubles.

Reinstate the term in court

So, it was not possible to resolve everything peacefully: the other heirs refused to share. Or, in general, everything turned out to be lost and has already gone to the state. Then there remains the trial.

For the trial, papers will be required: firstly, a waiver of other heirs. Secondly, a statement of claim in which you demand an extension of the missed deadline. And thirdly, evidence documents that should convince the court that you were late for good reasons. Additionally, you will need copies of death and birth certificates, a will (if there is one), a receipt for payment of fees, etc. - for order.

Documentation

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

But, in addition to convincingly stating in the statement of claim the reasons for the untimely application for the inheritance, it is necessary to present to the court evidence of these reasons .

Depending on the circumstances and by virtue of Art. 205 of the Civil Code of the Russian Federation, such evidence can be: certificates from medical institutions, certificates from places of work, documents confirming stay abroad, in places of imprisonment, in military service, and so on. Evidence may include witness statements, personal letters, and telephone recordings.

This is important to know: The deadline for appealing the actions of a notary

In addition, the claim must be accompanied by documents confirming the right of inheritance:

1. Passport;
2. Death certificate;
3. A document confirming the relationship (birth certificate, marriage certificate, adoption certificate) - if inheritance occurs by law;
4. Will – if inheritance occurs under a will;
5. Documents for inherited property;
6. Refusal of a notary to accept an application for inheritance due to a missed deadline;
7. Document confirming payment of the filing fee;
8. Copies of documents - according to the number of participants in the trial (defendants and third parties).

Prepare copies for the court, and have the original documents with you. The judge may request the original to verify information from a copy, for example, an air ticket to another country.

How to file a claim?

You have to sue the heirs or the state. These are your defendants who need to be listed in your application. Instead of “state,” you must indicate the municipality that received the lost property. Well, list the human heirs in a list. Note! If you want to get your full share, you need a complete list. You are suing everyone at once, not just one.

The application can be filed with the court in the city where any of the defendants is registered. The court's decision will be binding on everyone, even those living in other places. Or there is another option - you can go to court where the inheritance is located (for example, when we are talking about an apartment, it has its own address).

Judicial procedure for restoring deadlines for accepting inheritance

In order for the process of restoration of deadlines to begin, it is necessary:

1. Prepare a statement of claim. A claim is filed in court at the location of the enemy party. If there is only one heir who missed the deadline, that will be the local municipality. If there are other heirs who accepted the inheritance, they will be such. In case of inheritance of real estate - jurisdiction at the place of land or apartment
2. Pay the state fee - since we are talking about accepting an inheritance that has a certain value. The state duty will be calculated based on the value of such property.
3. Participation in court. At the stage of judicial proceedings, all means of proof are possible that are not prohibited by law, in particular, one of these may be witness testimony.
4. Execution of a court decision. After making a positive decision on your application, you must again contact the notary in whose proceedings the inheritance case is located and write an application for the issuance of a certificate of inheritance.
5. Registration of property rights by inheritance. As in the case of an out-of-court procedure, all previously issued certificates will be canceled. After receiving the certificates, register your ownership rights with the competent authorities.

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The deadline was missed due to ignorance of the fact of death

There is usually a funeral before receiving an inheritance. But sometimes (very rarely!) everything works out without them. If a person goes missing, he can be officially declared dead. Anyone who achieves such official recognition can easily hide his actions from others. Then he will take the inheritance while other people continue to search and wait for the missing person.

Of course, declaring someone dead is not that easy. The court does this too. It is necessary that there is no news about the person for more than five years. Or he must disappear during some kind of catastrophe (tsunami, explosion, big fire, volcanic eruption, etc.) - when the danger of death is great. Let there be no body left.

Whoever filed the lawsuit will receive a document confirming that the person is considered dead. And with this document he will be able to take the entire inheritance for himself without telling anyone anything. You can discover such a “trick” completely by accident. Someone will stumble upon the papers or for some reason check the name of the deceased in the database. And sometimes the “magicians” brag themselves.

It is important to know that in such situations (not dead, but “recognized dead” - and quietly, in secret), the six-month period will also be restored.

Deadline missed due to medical reasons

Another common reason is medical. Often the death of a loved one is hidden from the heir so as not to undermine their fragile health. For example, if two loved ones were in an accident and one of them died on the spot, and the other was seriously injured. The victim in the hospital may not be told about the death of a loved one, so as not to worry. He will learn the terrible news when he gets stronger. And the deadline for entering into inheritance will, of course, be extended.

It works roughly the same way when the heir, according to doctors, is at risk of a heart attack. Or he's recovering from a stroke. Or lies in intensive care unconscious. There is no specific list of diagnoses; doctors themselves decide whether to report. And the court supports these doctors.

But it happens a little differently. The heir is in the hospital and already knows about the death. But he has to undergo treatment, so he cannot deal with paperwork. Here the court's decision will depend on how serious the diagnosis is. You will need to prove that you really could not come to the notary.

If the heir cannot come

The court will probably extend the deadline for the heir if he could not arrive on time. This refers to circumstances that cannot be influenced.

For example, if a foreigner is not given a visa to Russia, he is unable to do anything. Or when a person is in prison, and notaries are not allowed there. In fact, even a business trip is often considered a fairly valid reason.

What to do in such cases? In order. You need to find a notary who will handle the inheritance registration. There are many notaries, but they work in districts (like local notaries). That is, the case will not be dealt with by a random specialist, but precisely by the one to whom the address of the deceased is “attached”. And if you know where the person was registered, you can find the notary you need - he accepts somewhere in the same area.

When you don’t know the registration address, you need to look at where the property is located. If the inheritance is located in several places at different addresses, then look for the largest and most valuable part. And contact the notary who serves this area. Because he will find out one way or another if the re-registration of someone’s property on his site begins.

Even if you are not sure that you are entitled to part of the inheritance, it is still better to write a letter. Tell the found notary: what is your name (with passport data), who is related to the deceased and at what address to contact you. Now they know about you, and if later it turns out that you are also an heir, the notary will inform you (this will be his responsibility).

Application to the court to restore the deadline for accepting an inheritance

» Inheritance of obligations September 09, 2020

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

A sample statement of claim for restoration of the period for accepting an inheritance, taking into account the latest changes in current legislation.

In __________________________ (name of the court) Plaintiff: ______________________ (full name, address) Defendant: ____________________ (full name, address)

STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (indicate good reasons for missing the deadline).

Besides me, the heirs are _________ (full name of the heirs, degree of relationship with the deceased). Other heirs also missed the deadline for accepting the inheritance; after the death of _________ (full name of the deceased), they do not lay claim to the inherited property.

In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, 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 provided 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 ceased.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. Restore the deadline for accepting the inheritance of the opened “___”________ ____ after the death of _________ (full name of the testator).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Death certificate of the testator
4. Documents confirming the right of inheritance
5. Documents confirming the existence of inherited property
6. Documents confirming valid reasons for missing a deadline

Application submission date ___ _________ ____

Plaintiff's signature _______

statements:

How to write a statement of claim to restore the deadline for accepting an inheritance

The six-month period established by law for accepting an inheritance may be extended by the court if the court recognizes the reasons why the deadline was missed as valid. The heir must file a claim with the court to restore the period for accepting the inheritance no later than six months after he became aware of the inheritance.

On this claim, a positive decision by the court can be made only if the plaintiff proves the totality of the following circumstances:

• the heir did not know and could not know about the opening of the inheritance
• the heir missed the deadline for accepting the inheritance for reasons that must be valid.

For example: ignorance of the death of the testator, long business trip, serious illness, helpless state, service in the Armed Forces, illiteracy, as well as other reasons that may be recognized by the court as valid.

All circumstances referred to by the applicant in the statement of claim for restoration of the deadlines for accepting the inheritance must be confirmed by documents or testimony of witnesses.

If you lived with the testator in the same residential premises and can prove the actual acceptance of the inherited property, you also have grounds to file a claim in court to restore the deadlines for accepting the inheritance.

To prove the actual acceptance of the inheritance, you can provide paid utility bills, receipts for the purchase of household appliances and building materials for home renovation, and also obtain testimony from witnesses.

You can independently draw up a request to restore the deadline for accepting an inheritance, a sample located on this page, and also use the services of our qualified lawyers to draw up this claim.

When filing a claim to restore the deadlines for accepting an inheritance, it is also recommended to petition the court to take measures to ensure the safety of the inherited property. This is necessary so that the heirs who have entered into the rights of inheritance cannot alienate the specified property, i.e. sell, exchange, donate.

Among the requirements of the statement of claim for the restoration of the terms of acceptance of the inheritance, one can also include a request to establish the right of ownership of the property. This will significantly shorten and simplify the procedure for entering into an inheritance and processing documents for property rights.

Heirs who have already assumed their rights of inheritance must be brought in as defendants. Their absence at the court hearing may be a reason to postpone the consideration of the case.

An accepted statement of claim to restore the deadlines for accepting an inheritance is considered by the court within two months. At this time, the court establishes the facts to be proven, examines evidence, and interviews witnesses.

Read also:  Request to the Russian registry by last name, sample filling

If the court recognizes the reasons for the untimely acceptance of the inheritance as valid, the claims will be satisfied. The court makes a decision to restore the deadlines for accepting the inheritance and recognizing the plaintiff’s right to enter into the inheritance. If a request to establish ownership of the property was included in the statement of claim, the court also makes a decision recognizing the plaintiff’s right of ownership of the inherited property.

The court decision comes into force 10 days from the date of its adoption.

When filing a claim to restore the deadlines for accepting an inheritance, a state fee is paid. Its size depends on the amount of the claim.

The Tax Code of the Russian Federation provides for the following amounts of state duty:

• if the price of the claim does not exceed 20,000 rubles, a state duty is paid in the amount of 4 percent of the price of the claim, but not less than 400 rubles
• from 20,001 rubles to 100,000 rubles - the state duty is 800 rubles plus 3 percent of the amount exceeding 20,000 rubles
• from 100,001 rubles to 200,000 rubles - the amount of state duty is 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles
• from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles
• over 1,000,000 rubles - the amount of state duty is 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 6,0000 rubles.

Thus, the minimum amount of state duty paid when filing a claim to restore the deadlines for accepting an inheritance is 400 rubles, the maximum is 60,000 rubles.

If the court has previously considered a dispute about the inheritance claimed by the plaintiff, the amount of the state duty will be 200 rubles.

Sample statement of claim for restoration of the period for accepting an inheritance

Sample application for restoration of the deadline for accepting an inheritance.

Oktyabrsky District Court of Kr-sk Address: Kr-sk, Lenin Ave., 2 Tel. 41-92-81

Interested person: Vasilieva Vasilisa Vasilievna, Address: 664019, Kr-sk, st. Lenina, 115, apt. 22 Tel. 914 813 6140

Application for restoration of the deadline for accepting an inheritance.

On January 5, 2017, Ivanova Maria Ivanovna died. In accordance with part 1 of Art. 1142 of the Civil Code of the Russian Federation, the heirs of the first priority according to the law are the children, spouse and parents of the testator.

Vasilieva Vasilievna Vasilievna is the heir of the first stage by law after the death of her mother Ivanova Maria Petrovna, which is confirmed by birth certificate No. issued by _______, and marriage certificate No. issued by ________ concluded between Vasily Vasiliev Vasilyevich and Ivanova Maria Petrovna.

Since the plaintiff did not know that her mother had any property that she could inherit, she missed the deadline for accepting the inheritance.

In August 2020, the plaintiff learned that deposit accounts had been opened in the name of Maria Petrovna Ivanova at a branch of OJSC Bank and the plaintiff, as an heir, has the right to receive compensation for deposits. This circumstance is confirmed by the response to the notary’s request, according to which deposit accounts No. were opened in the branch of OJSC Bank in the name of Maria Petrovna Ivanova. In accordance with 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.

According to Art. 114 of the Civil Code of the Russian Federation, the day of opening of an inheritance is the day of the citizen’s death. By virtue of Part 1 of Art. 1115 of the Civil Code of the Russian Federation, upon the application of an heir who 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 provided 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 ceased.

According to the Federal Law on the restoration and protection of savings of citizens of the Russian Federation dated May 10, 1995 No. 73-FZ, state-guaranteed savings are recognized as funds placed on deposits in the Savings Bank of the Russian Federation in the period until June 20, 1991. Compensation payments on household deposits are made in in accordance with the rules annually approved by the Decree of the Government of the Russian Federation, and are calculated based on deposit balances as of June 20, 1991.

In accordance with Decree of the Government of the Russian Federation dated December 25, 2009 No. 1092, citizens of the Russian Federation born in 1946 - 1991 (including heirs belonging to this category of citizens) are paid compensation in the amount of 2 times the balance of deposits in the Savings Bank of the Russian Federation as of June 20, 1991 (based on the nominal value of banknotes in 1991).

In accordance with paragraphs. clause 7 of the said Resolution, compensation payments are made in the divisions of the Savings Bank of the Russian Federation at the location of the deposits to depositors (heirs) or their representatives on the basis of a power of attorney issued in the prescribed manner, upon presentation of a passport and application (for closed deposits), and to heirs - also on the basis of documents confirming their right to inheritance and the death certificate of the owner of the deposits.

Based on the above, I ask:

1. To restore to Vasilisa Vasilievna the period for accepting the inheritance that opened after the death of Ivanova Maria Petrovna, deceased DD.MM.YYYY, in the form of cash deposits with all payments and compensation due for them, in accounts No. No. ________, opened in the name of Ivanova Maria Petrovna in OJSC Bank.

2. Recognize Vasilisa Vasilievna as accepting the inheritance that opened after the death of Maria Petrovna Ivanova, deceased DD.MM.YYYY, in the form of cash deposits with all payments and compensation due for them, in accounts No. No. ________ opened in the name of Maria Petrovna Ivanova in OJSC Bank.

1. Death certificate of Maria Petrovna Ivanova. 2. Request for a notary. 3. Birth certificate of Vasilisa Vasilievna Vasilieva. 4. Marriage certificate between Vasily Vasilyevich Vasilyev and Maria Petrovna Ivanova. 5. Notifying the notary about the need to restore the deadline for accepting the inheritance in court.

Vasilieva Vasilisa Vasilievna

Application for restoration of the deadline for accepting an inheritance

The process of registering an inheritance can be quite complicated. Many people are faced with the fact that they do not know exactly the deadlines for taking possession of the property.

There are cases when a notary is unable to sign a certificate of inheritance rights due to a missed deadline. In this regard, you need to know how to write an application to restore the deadline for accepting an inheritance.

However, resolving this issue involves various nuances that you should know before contacting a lawyer. So, let's look at:

• What is the deadline for entering into inheritance?
• What should be done to restore the deadline?
• How to write an application for restoration of the period for registration of inheritance?

It is important to remember that any difficulties with registration of inheritance should be resolved with a specialist. Therefore, in every situation it is necessary to contact an experienced lawyer who can legally solve the problem.

Deadlines for registration of inheritance

Very often, heirs who, for various reasons, did not enter into inheritance in a timely manner turn to legal services.

To resolve this issue, it is necessary to collect enough evidence on the basis of which it would be possible to restore the period for accepting the inheritance of the left-behind property.

In addition, the heir will need to work hard to:

1. Complete the necessary documents.
2. Apply to the court.
3. Prove in court the legality of your actions.
4. Restore the right to inheritance.

The most common reason for missing the deadline for accepting an inheritance is ignorance that a person has such a right. There are also situations when the testator does not know the exact date of death of the owner, so do not rush to transfer the inheritance left to yourself. Or the time for completing all the documents was delayed, and the heir did not have time to complete all the certificates on time. In addition, there are other significant reasons why a person may not receive property as an inheritance in a timely manner.

Establishing the legality of accepting an inheritance

A notary may decide not to issue a certificate of title to property due to the fact that there is not sufficient legal evidence to establish such a fact. In this case, the heir can write an application to the court and, through legal proceedings, inherit the property left behind. In addition, in court you can obtain legal grounds for receiving an inheritance.

You can go to court in connection with the issue of establishing the last place of residence of the deceased owner. After the proceedings, the heir will be issued a document, which he must provide to the notary for the execution of the certificate.

There is no need for plaintiffs to go to court at the place of residence of the testator. An application for restoration of the deadline for accepting an inheritance can be written in the judicial department where you live.

Establishing the legality of accepting an inheritance may be necessary in a number of cases when:

By turning to a lawyer for help, you can ask him to represent you in court. Thus, he will help to correctly prepare documentation for the court and legally resolve the issue in court.

Refusal and transfer of inheritance to other heirs

It is necessary to initiate the refusal of the due inheritance in a legal manner. To do this, you should contact a notary and write a corresponding application. According to the Civil Code of the Russian Federation, you can refuse to accept an inheritance within six months after the opening of an inheritance case.

For minor heirs who are in charge of the guardianship council, the appointed guardian must complete the application. If within six months after the death of the owner an application for refusal of inheritance has not been drawn up, then the property passes into the possession of the heir by law.

There are cases that direct heirs who are closely related to the testator refuse to receive the inheritance. Then the heirs of the second stage must submit an application for acceptance of the property, as well as for an extension of the period for registering the inheritance. The Civil Code provides for a similar situation and second-stage heirs are given 90 days to register an inheritance. The extension period begins from the date when the direct heirs wrote a statement of refusal.

The maximum period for restoring rights to inheritance can last up to 10 months from the date of opening the inheritance case.

How to enter into an inheritance?

According to the Civil Code of the Russian Federation, the heir must declare his right to inheritance within six months. To do this, you must submit a corresponding application to the notary's office. In addition, the application must be accompanied by documents that indicate the legality of the heir’s actions. To register an inheritance, additional certificates may be required, which must be provided at the request of the notary.

It happens that in order to establish the legal right to inheritance it is necessary to go to court. Then the heir must complete a trial within six months, after which the notary may or may not be able to issue a certificate of title to the property.

An application to restore the deadlines for entering into an inheritance must be submitted to the notary’s office at the place where the inheritance case was opened. By law, the inheritance is opened in accordance with the last place of residence of the deceased owner. If there is no exact place of residence of the testator or he was in another country before his death, then the inheritance case is opened in the area or city where the property left behind is located.

The situation is quite complicated when the inherited property is located in different cities. In order to restore the right to accept an inheritance, you will need to seek help from a lawyer. He will be able to determine in which city the worthwhile share of the inheritance is located and where it will be easier for the heir to complete all the documentation in order to go to court to restore the term and his right to the inheritance.

If the owner died in prison, the heir must open an inheritance case at his last place of residence before going to prison.

How to submit an application for reinstatement?

The application to the court is written in free form directly by the heir himself. To ensure its correct design, you must adhere to the following recommendations:

After filing the application, the court will consider the claim from the heir. If, after a thorough examination of all the circumstances, the court recognizes the reasons for missing the deadline as legitimate, then the decision to restore the deadline for accepting the inheritance will be positive. The heir will have an additional six months to register and enter into the inheritance.

However, the court may not satisfy the plaintiff’s request and recognize the reasons for missing the deadline as disrespectful. For example, this could be due to:

1. Lack of awareness of the heir about the deadline for accepting the inheritance. However, ignorance of a citizen's rights does not protect him from consequences.
2. Waiver of the right of inheritance. If a citizen initiates the renunciation of his share in the inheritance, and then wants to take back his part, then the court will not extend the period for entering into inheritance for this purpose.

If the court refuses to extend the period for taking possession of the property, the heir has the right to appeal to a higher authority. However, this procedure is quite complicated, so it is best to seek help from a lawyer.

Legal grounds for restoring the deadline for accepting an inheritance

If the heir missed the deadline for accepting the inheritance, then to restore it he will need to prove the legality of his actions. To resolve this issue, the following steps must be taken.

First, you need to discuss this situation with all legal heirs so that they give permission to restore the term. To do this, you must write a written consent, which is attached to the deed at the notary.

After this, the notary cancels all previously issued certificates for inheritance and draws up a new application from the emerging heir. This is necessary for a new division of the left property between all legal heirs, so that everyone receives their share. After this, each legal heir receives a new certificate.

The consent of the heirs to extend the period will facilitate the procedure. Since such a change can be made by a notary. Otherwise, the “deprived” heir will need to go to court. However, it should be remembered that each heir can refuse to restore the term, without explaining the reasons for the decision.

It is necessary to go to court if there are no direct heirs, the heirs do not consent to the restoration of the term, or they have renounced the right of inheritance (they were declared insignificant for accepting the inheritance).

When submitting an application, a citizen should describe the reasons why the deadline for entering into inheritance was missed. and apply for restoration of the deadline for completing the required documentation to obtain the right to property.

The legal basis for reinstating the deadline is:

1. Stay of the heir in another country.
2. Serious illness during the period of opening the inheritance.
3. Hiding the right to inheritance from the heir.

Each reason must be supported by a relevant document from a visa or medical institution.

Video: Director of a legal agency on restoring the deadlines for accepting an inheritance

Download:

Application for restoration of the period for accepting an inheritance - sample drafting

According to the law of the Russian Federation, there is a certain period that allows you to receive an inheritance.

However, it often happens that for a number of reasons, citizens do not have time to meet the allotted period.

If the reason for the delay is valid, you can draw up an application to restore the missed deadline for accepting the inheritance.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free!

Deadline for accepting inheritance

It is possible to take ownership of property before the end of six months from the moment the inheritance is declared open.

If this date coincides with the day of the presumed death of the testator, you can take possession of the property within 6 months from the moment the court declares the person officially deceased.

If a citizen renounces the inheritance, or its receipt is rejected according to the conditions specified in Art. No. 1117 Civil Code of the Russian Federation. the opportunity to inherit the property left behind is provided to other persons within a period of 6 months from the moment they have the right to claim the property left by the deceased.

In a situation where the heir, for some reason, has not received the property due to him by inheritance, the period for registering an inheritance for other persons is 3 months from the end of the stage for transferring the property to the first heir.

Consequences of late entry into inheritance

If for any reason the deadline for registering an inheritance is missed, there are two ways to resolve this situation:

In reality, the first method is quite rare, because the heirs must have a fairly trusting relationship with each other so that they peacefully agree to extend the period for registering property for someone who did not complete the paperwork on time.

But even if the situation is resolved in such an easy way, the share of property inherited will become smaller. Basically, people in this situation are forced to go to court.

Grounds for going to court

The following circumstances may be a pretext for going to court:

When you have to go to court because one of the heirs has objections, you need to draw up a claim that indicates information about all applicants for the inherited property and describes all the factors that caused the delay.

In the event that the only claimant for the inheritance did not complete the paperwork on time, the property passes to the state. In such a situation, the claim is filed against the municipality.

Filing a claim in court

In the process of drawing up a claim for restoration of the period for accepting an inheritance, you must indicate in the application the following required information:

In the application, it is necessary to correctly formulate a petition to the court: to extend the period for registering an inheritance, to approve the right to receive an inheritance.

If the reasons for the delay are valid, the court will grant the request. The law describes some points that are considered respectful, but in life there are different circumstances that do not always depend on a person, so the court can make an exception if it considers the reason for being late to be worthy of respect and understanding.

State duty

When filing a claim to extend the period for accepting an inheritance, you must pay a state fee. Its amount is calculated based on the cost of the claim:

Restoring the term for accepting an inheritance: judicial practice

Situations in which claims are considered positively by the court

As can be seen from practice, most often people miss the deadline for processing inheritance documents due to the fact that they do not know the laws of the Russian Federation, that is, without special intentions.

Therefore, the court considers this circumstance to be valid and accepts the application for consideration.

There are other reasons recognized by law as acceptable - a long business trip without the ability to contact the relatives of the deceased or a serious illness in which it is not possible to arrive at the place of registration of the inheritance on time.

If the heirs are minors or incapacitated citizens, for them the period for accepting the inheritance is most often extended without any particular difficulties, taking into account the fact that, for example, due to age, they previously did not have the legal right to draw up the relevant documents.

In some cases, ignorance of information about the death of the person who left the inheritance can also be considered as a valid reason. But it will be necessary to prove that the applicant for the inheritance did not communicate with the deceased for a long time through no fault of his own and without hiding from the responsibilities of caring for the testator. Such cases include, for example, a situation where the relatives of the deceased did not consider it necessary to notify the heir of the death of the testator.

There are situations when the heir is abroad without the opportunity to return to Russia due to refusal to issue travel documents, or if he was deported. In such circumstances, the court also considers a claim to extend the period for registration of inheritance in favor of the plaintiff.

Situations in which the law refuses to consider an application to increase the period for registering an inheritance

People who cannot provide evidence that it was not possible to enter into inheritance on time are often denied.

There are often cases when an heir, knowing about the inheritance due to him, writes a waiver of the property, but then for some reason changes his decision.

Under such circumstances, it is practically impossible to extend the period of inheritance.

If the applicant for the inheritance learned about the share due to him, but did not apply for registration of the inheritance within 6 months from that moment, this may also become a reason for refusal to extend the period.

Exceptions

It happens that the heir has not completed the documents for the inheritance, but in fact is already using the property of the deceased, for example, living in his living space.

The court believes that if the heir has in fact accepted the property due to him and 6 months have expired, there is no need to extend the period for entering into inheritance. In addition, you can secure the right to own property if you provide the court with evidence of ownership of the inheritance (for example, caring for the deceased’s pets, paying utility bills, etc.).

However, if the heir has actually entered into the use of valuable property, but avoids any debt obligations, the court will refuse him, since in fact it is impossible to take possession of the inheritance selectively.

Sample document

Below you can download the proposed sample application:

Sources: vseiski.ru, xn—-8sbahjdg1bucp4cc.xn--p1ai, oformitely.ru, expert-nasledstva.com, lawyer-guide.ru

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Evidence to restore the term

It is clear that collecting information is a difficult and time-consuming task. Even if no one is specifically hiding it from you. Let's say you are in another city, had little contact with the deceased, or simply did not talk to him about business. So they could not know how many and where a person had apartments, summer cottages and cars.

You can easily skip six months here. And the outcome of the trial is difficult to predict in advance; such cases are the most “shaky”, and they don’t happen every once in a while. The decision can be anything and depends on a lot - for example, how much the deadline was missed. We advise you to immediately involve a lawyer, such cases are always difficult.

When there is no point in suing

A professional will look for clues in any situation, but sometimes there is really almost no chance of success. The most obvious case is if a person knew everything and communicated with other heirs. But at the same time he did nothing, did not draw up documents for himself. And others were registering at this time.

And now everyone has everything in order, but our latecomer suddenly changed his mind and wanted his share. But it's too late! He will almost certainly be denied in court. Even if he did not sign an official refusal on paper! It is enough to simply do nothing for the court to decide that this person does not need anything.

There are more subtle situations. When there really was a serious reason for being late, but it is not clear for how long this reason applies. For example, you were in the hospital and could not arrive. But then you were discharged, but you still didn’t arrive. Everything here will be at the discretion of the court. Most likely, the judge will count six months from the date of discharge from the hospital. And if he finds out that you did not meet even this time, he will refuse completely.

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Legal assistance in reinstating the deadline

And the most unpleasant case is when the latecomer simply could not prove anything. For example, let’s take the story of the illness again: you were in the hospital, but you don’t have a certificate. And there is no other confirmation either. Then the court will refuse. Therefore, if you have not yet collected “hard” evidence, it is better to consult a good lawyer! Take advantage of the online consultation “Guarantees”, at least. We will advise where and how to collect evidence.

Finally, let’s add: even if the court rejected you, all is not lost. You can appeal to the next level. Just to make any sense from it, you need to prepare properly - collect more evidence, for example. Or provide more serious reasons for skipping.

Sometimes you can do it without papers

According to Russian laws, some people receive inheritance without notaries. If you lived with a relative and used some things together, then after his death you simply continue to use them. It is believed that these things are now yours. When we are not talking about things, but, for example, about an apartment, then the idea is the same. You are registered in it and live, make repairs, pay for electricity and water. The housing became yours automatically (if there are no other applicants).

Although there may be confusion with the documents - and this is inconvenient and bad. So it is better to re-register any certificates (of ownership) in your name. Even if six months have passed a long time ago, you should be issued such documents without any problems. You will also need to go to court, but the matter will be formal and quick: the judge will simply confirm the obvious.

PS

It is important to know!

Remember that the heirs receive not only the property of the deceased, but also his debts. It is always better to find out in advance what you will receive: wealth or calls from debt collectors. Sometimes it is better not to enter into an inheritance at all.

STATEMENT OF CLAIM

on restoring the deadline for accepting an inheritance

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (indicate good reasons for missing the deadline).

Besides me, the heirs are _________ (full name of the heirs, degree of relationship with the deceased). Other heirs also missed the deadline for accepting the inheritance; after the death of _________ (full name of the deceased), they do not lay claim to the inherited property.

In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, 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 provided 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 ceased.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. Restore the deadline for accepting the inheritance of the opened “___”________ ____, after the death of _________ (full name of the testator).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Death certificate of the testator
4. Documents confirming the right of inheritance
5. Documents confirming the existence of inherited property
6. Documents confirming valid reasons for missing a deadline

Date of application “___”_________ ____ Signature of the plaintiff _______

statements:

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

to “Statement of claim for restoration of the period for accepting an inheritance”

Is the lack of funds to travel to register an inheritance a valid reason for missing the deadline for inheritance under a will?

Hope, lack of funds is not a valid reason. Look, maybe there are grounds to establish the fact of acceptance of the inheritance.

Please tell me who should be entered in place of the defendant in the application? And how can I indicate that I did not accept the inheritance due to ignorance of legal language?

Daria, other heirs will be defendants in inheritance disputes. Write in more detail how you missed the deadline, from what time, for what inheritance, then I will try to give you the correct answer.

Two years ago (07.10.2011) my father died, I did not know that I needed to enter into an inheritance. Besides me, the heir in first place is his mother, but she refuses. Inheritance is a savings book. During his lifetime, he drew up a deed of gift for an apartment for me; there are checks (payment for gas) paid within 6 months after his death.

Daria, write that during his lifetime, your father did not report that he had a deposit in Sberbank; in the fall of 2013, you accidentally found a savings book when you were going through old documents. I think this would be a valid reason for reinstating the deadline. Name your mother as the defendant. You can submit a petition from her to consider the case in her absence and recognize the claims, it will be easier in court. You can indicate Sberbank as a third party, but this is not necessary. If gas debts arose during your father’s lifetime, you can submit an application to establish the fact of acceptance of the inheritance; such a sample is available on the website. In this case, you will need to prove that the father had these debts and you accepted the inheritance by paying off the debts of the testator. In this case, your mother will also be an interested party.

What if they are divorced? Thanks a lot for your help

If at the time of your father’s death he and your mother were divorced, then your mother is not his heir. In this case, the defendant in the case (in the absence of other first-line heirs) will be the territorial department of the Federal Property Management Agency for your region.

This is important to know: Petition to restore the deadline for filing a cassation appeal

After my grandfather died, the car remained. Heirs: his son and wife. When registering the inheritance with the notary, they forgot about the car. Half a year has already passed. What reason can be indicated in a statement of claim for restoration of the inheritance term? Who should be listed in the “defendant” column? How to determine the inheritance queue? Who's first, who's second?

Natalia, if the heir accepted part of the inheritance, it is considered that he accepted the entire inheritance. You need to bring the documents for the car to the notary and apply for a certificate of inheritance for this car. Both heirs - the son and the wife - are heirs of the first turn; they themselves must decide how to divide this inheritance.

The notary sent them to court. The wife does not claim the car; the son used this car by proxy for many years.

Natalia, did the notary actually formalize the inheritance and issue a certificate of inheritance? When you went to the notary, did they show you a certificate of inheritance? Did the notary clearly indicate the need to restore the deadline? These legal relations are regulated by Articles 1152 and 1153 of the Civil Code of the Russian Federation. This is stated in the Methodological Recommendations for Registration of Inheritance Rights. Try contacting the notary again, clarify whether you understood him correctly, draw his attention to what I wrote here. If the heirs accepted the inheritance, the court will refuse to restore the deadline, since it has not been missed.

But six months have already passed, which means the period is over.

Natalia, if the deadline is missed, then file this lawsuit. The plaintiff will be the son, the defendant the mother, you must indicate valid reasons for missing the deadline. If the son used the car all the time, you can draw up a statement to establish the fact of acceptance of the inheritance. This statement is on the website.

My father missed the deadline for accepting the inheritance. His mother left a will, died 8 years ago, his father did not write a statement. What should we do?

If there are good reasons for missing a deadline, write an application to reinstate the deadline. Look also at the statement establishing the fact of acceptance of the inheritance.

What if my mother died 10 years ago, I entered into inheritance rights to savings accounts. A year ago my sister died. While sorting through her documents, I discovered a document stating that my mother has a plot of land for perpetual use. Do I have the right to restore the period of entry into inheritance for this land plot and enter into inheritance?

Tatyana, according to Article 1152 of the Civil Code of the Russian Federation. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. That is, you do not need to restore the deadline for accepting the inheritance. At the same time, land plots that were provided for permanent (indefinite) use by inheritance are not transferred if there are no buildings on them or the testator has not begun the procedure for registering ownership of this plot.

Dad died in December 2011, the heirs are the following: me (his son), my mother (father’s wife), my grandmother (father’s mother) and his second son (my brother). There is no will, i.e. inheritance by law. In April 2012, Mom and Grandmother went to a notary and accepted the inheritance, writing a statement and opening an inheritance case. The application (in each of the two, mother and grandmother have one application each) indicates the heirs (me, brother, mother, grandmother) and a list of inherited property. Documents for inherited property must be restored, because... they are lost. Grandmother died in December 2013. Ownership rights to all inherited property have not yet been formalized. I’m describing the situation with a moral component too; the relationships in the remaining family are not very good. We (the brothers) are interested in inheritance and division, but my mother is against it because my brother wants to sell his part (in her understanding, he is going the wrong way). Therefore, she has no particular zeal to help collect documents. Question: I would like to clarify, if my mother ultimately refuses to inherit, what will happen? Will she be able to stop him? How long do I need to restore documents and register ownership? Could it be that after some time the inherited property will go to the state/other relatives? How will the inheritance property be divided between the heirs? In what shares? Is it possible to get only your part? Is it possible to divide not in shares, but in parts (not everyone has 1/3 of a car and two plots, but one has a car, another a plot, and a third a plot, provided that all three agree to such a division)?

Firstly, you and your brother need to restore the deadline for accepting the inheritance after the death of your father or establish the fact of accepting the inheritance. What was written about you in the notary's application does not indicate acceptance of the inheritance. Your mother cannot refuse the inheritance after the death of her father, she missed the deadline, he also missed 6 months. The grandmother is considered to have accepted the inheritance; now after her, she needs to formalize the inheritance for the share that was passed to her from her father (the heirs are her children and you, as grandchildren, by right of representation). The period is 6 months from the date of her death. If there are problems with inheritance documents, then it is necessary to file a claim for inclusion of property in the inheritance mass: https://vseiski.ru/iskovoe-zayavlenie-ob-opredelenii-dolej-i-vklyuchenii-imushhestva-v-nasledstvennuyu-massu. html If a dispute arises regarding the division of inheritance, also go to court: https://vseiski.ru/iskovoe-zayavlenie-o-razdele-nasledstvennogo-imushhestva.html All inherited property becomes the common property of the heirs, everyone has equal shares. By agreement between the heirs, the property is divided between the heirs in kind - some property is transferred to each, although equality of shares may not be observed. It is necessary to take into account that your mother most likely still has the right to the marital share, and this is 1/2 of the total property.

Three years ago my mother died without leaving a will. Recently I found documents for a deposit in a savings bank, which neither I nor my two brothers nor my sister knew about (for permanent residence in Germany). Is it possible to restore inheritance rights and, if so, how?

Submit a claim using this sample, indicating that you recently learned about the presence of the deposit. You can invite witnesses who will confirm (that during her lifetime my mother did not report deposits in the bank) that you really found the documents only recently. No more than 6 months should pass from the moment of finding the documents to going to court.

Please tell me how to restore the deadline for accepting an inheritance (what could be good reasons for reinstating the deadline)? Because of his sister, the brother did not communicate with his father for a long time, about 6-8 months. After some time, the father dies, the sister does not inform her brother and takes over the right of inheritance. My brother learned about his father’s death by chance in March 2014 from friends. When the brother called his sister, she confirmed that his father had died and said that the apartment had been sold. Money, i.e. will not share the inheritance with him, because he did not care for his father in the last days of his life. The sister did not care for her father herself; she hired a nurse. My father received a good pension and additional benefits. Therefore, I believe that I supported (paid for its maintenance) myself. Father died on August 27, 2012, date. about death dated 08/31/2012, application for acceptance of inheritance dated 09/25/2012, application for the issuance of a certificate. on the right to inheritance dated March 26, 2013. In the list of heirs, the sister indicated herself and her brother, but where the brother lived, she wrote: address unknown. At the moment, the inherited property (1-room apartment) has been sold.

The fact that the brother did not know about the death of his father may be a valid reason for reinstating the deadline for accepting the inheritance. However, 6 months have already passed since March 2014, does this mean that he missed this deadline too? Let him urgently file a claim in court and present witnesses who will confirm that he only recently learned about his father’s death.

Hello. I have a hereditary dispute. Father died. Left a will. The heir under the will did not come to the notary within the 6-month period established by law. I opened an inheritance case immediately after my father’s death, after 6 months, when the heir under the will did not come to the notary, I began to collect documents for accepting the inheritance. The heir under the will came to the notary and demanded to suspend the issuance of the certificate because he was filing a lawsuit. I am afraid that the trial of the case will take place without my participation and would like to write a petition for my participation. Can I do it? In what form should the document be written? Does it even make sense to do this, or is there no chance?

This is important to know: Deadline for appealing a decision to terminate a criminal case

When filing a claim in court to restore the deadline for accepting an inheritance, the plaintiff will have to indicate all other heirs as defendants. Therefore, the case cannot be considered without your participation. Otherwise, this will be an absolute basis for canceling the court decision upon appeal.

Expert opinion

Grigoriev Egor Kirillovich

Legal consultant with 7 years of experience. Specializes in criminal law. More than 3 years of experience in protecting legal interests.

Hello, this is a question: the testator, my grandmother, died 4 years ago, the direct heir, my grandfather, did not enter into the inheritance, the inheritance remains a share of their apartment, can my grandfather enter into the inheritance and take over his share?

If my grandfather lived in this apartment. paid for maintenance and utility bills, it is considered that he entered into an inheritance. In this case, there is no need to restore the deadline.

Hello, what if the heir knew about the death of the testator, but did not know that there was an inheritance, because he was told all his life that you will not get anything, everything will go to your sister. The brother found out that the apartment was privatized for three (mother, father and sister) only after the death of his mother. Before that, I thought that everything was registered in my sister’s name. Is this a valid reason to apply for reinstatement? How to prove that he didn't know? Six months have not yet passed since my mother's death.

If 6 months have not yet passed, then the deadline has not been missed. Contact a notary.

Is it a valid reason that at the time of my father’s death in 2001, he had nothing for me to register an inheritance. Now I have found out that I can receive compensation for insurance payments before 1992.

Usually the courts are more sympathetic to such terms and restore the term. You can indicate the following as valid reasons for reinstating the deadline. that they found the father’s documents only now, previously they did not know that he had the right to receive insurance payments.

Hello, my grandfather died in 2010, no one entered into inheritance rights, there is a grandmother (his wife), who was not registered with him at the time of death, but also has a share, and 2 sons who were registered with him at the time of death and also have a share . Who should take over? There is no good reason, everyone just scored. How to file a claim? Thank you

In your case, you need to establish the fact of inheritance. Look at this example on our website. It describes how to accept an inheritance.

The husband missed the 6-month deadline for entering into inheritance because... When consulting with a notary, I did not understand that it is necessary to submit an application for inheritance within 6 months. What valid reason must be indicated in the statement of claim for accepting an inheritance in court?

Ignorance or misunderstanding of the law is not a valid reason for reinstatement. For this reason, the court will refuse the claim. Perhaps the husband has other good reasons. Or could he accept the inheritance in another way other than filing an application with a notary?