Who has the right to inheritance after the death of her husband?

Who can claim the property of a deceased husband?

Inheritance is a procedure during which ownership of the property remaining after the death of a man passes to the heirs. The successor can be not only the wife, but also other persons determined by law or will.
Reference! The right to inheritance after the death of the husband is exercised within a limited period of time, represented by 6 months, so if you do not meet this deadline, it will lead to the loss of valuables.
To obtain the right to property, it is necessary to prepare documents confirming the conclusion of an official marriage in the past. Additionally, you need a death certificate for the man, an extract from the house register and other certificates, and their exact number can be checked with a notary. All children of a deceased person can claim property, even those born outside of an official marriage.

How is inheritance transferred?

According to Article 1153 of the Civil Code of the Russian Federation, in order to receive inherited property, it can be actually accepted, i.e. start owning and using it as your own, or carry out the official adoption procedure through a notary.

Actual acceptance is not always acceptable - without a title document for the inheritance issued by a notary, it will be impossible to dispose of the real estate, and if there are several heirs, you won’t be able to accept the property so easily - the inheritance mass still has to be divided.

In order to begin the procedure for receiving an inheritance, it is necessary to contact a notary with a corresponding application within six months from the date of death of the testator, attaching supporting documents to it:

• death certificate of a citizen;
• documents confirming relationship with the deceased (if the spouse has died, you need to provide a marriage registration certificate).

The inheritance case must be opened with a notary at the place of last registration (according to the passport) of the now deceased citizen. If he lived abroad, then the case is opened to his property (the main part of it).

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Based on the results of studying the documents and the appeal of the heirs, the property mass will be divided into shares, and the heirs will be issued a certificate that will confirm their rights to the inheritance.

With the help of such a certificate, you can re-register real estate and vehicles from the testator to yourself as an heir. If such measures are not taken, then the property, subject to mandatory registration in accordance with the legislation, will be impossible to dispose of.

If you miss the six-month deadline for contacting a notary, then in order to confirm the legality of ownership of the actually accepted inheritance, you will have to go to court to obtain a decision that will be equivalent to a notarial certificate.

Right to inheritance of a deceased man

Not only the wife , but also other successors can claim the property of the deceased husband Exact recipients can be determined in two ways:

• on the basis of a will , which the man drew up before his death and certified by a notary, and he can even indicate here strangers, but it is not allowed to violate the rights of persons represented by obligatory heirs;
• if a man did not take care of the competent formation of an official order, then successors are determined taking into account the requirements of the law .

Important! Initially, the wife should find out from the notary at her husband’s place of residence whether he left a will, since this document indicates the exact heirs.

In law

Many people do not think about possible death, therefore, after their death, property owned by property is distributed among their successors. Here, all those who are heirs after the death of the husband are determined by law. In this case, a special order , for which the degree of relationship is assessed.

So, the first heirs after the death of a husband are his wife, children and his parents. They can count on an equal division of the property of the deceased citizen. If the testator does not have parents or offspring, then on the basis of Art. 1142 of the Civil Code, all his valuables are transferred to his wife. If the mother, wife and son claim the apartment, dacha and car of the deceased, then all valuables are distributed among the applicants, and they can count on equal shares.

If a wife wants to receive the property of her deceased husband, then within 6 months she prepares an application and other documentation. The package of documents is transferred , who is involved in the management of this case.

A woman has the right to refuse inheritance, for which the provisions of Art. 1157 Civil Code . This usually occurs if the deceased's debts exceed the value of the property, so the widow will still have to sell those assets to pay off the debt. To renounce an inheritance, a special written application is drawn up and submitted to a notary.

There are situations in which property is not divided equally. For example, if an apartment belongs equally to spouses, then the woman receives half of the property, as well as the husband’s share, which is calculated based on the number of successors. As a result, the share of women in the apartment increases significantly.

At the end of the term, the notary issues each successor a special certificate , which serves as the title documentation for the property. Based on it, the right is registered in Rosreestr or other government agencies.

By will

If a man made an official disposition before his death, then when dividing his property, only the information contained in this document is taken into account. The compiler can be an adult and capable citizen, and the notary is obliged under Art. 1123 of the Civil Code to keep information from the will secret. The rules for its compilation include:

• the document is formed exclusively in writing and is also certified by a notary;
• the text describes all property belonging to the testator, and the person must confirm the right to a particular item using official documents and extracts from the Unified State Register of Real Estate;
• persons who will receive specific values ​​are listed.

The will is formed in two copies, since one remains with the drafter, and the second is transferred to the notary for safekeeping.
After the death of her husband, the wife must carefully examine his belongings to find the disposition. If she cannot find the documentation, then you can find out about its availability from a notary.

Legislation

Russian legislation provides for 2 main ways in which property can be transferred from the property of a deceased person to his relatives, as well as to third parties.

The transfer of ownership is carried out:

• on the basis of law;
• on the basis of a will drawn up by a deceased person.

It is important for all citizens to know how inheritance is divided in Russia, because in some cases all the property may be received by the wrong person to whom they would like to leave it.

If a citizen during his lifetime wishes to plan the division of his property after his death, he must draw up a will. In this case, the heirs will be those people to whom the testator left his property.

In the absence of a will, relatives will inherit in accordance with the order provided by law.

In law

Knowledge of the legal principles of inheritance will help citizens initially protect themselves from the fact that close relatives may be left without an inheritance.

Many wives wonder who, after the death of their husband, inherits without a will, and whether his parents have the right to claim common property.

Sometimes there are situations when the spouse does not maintain a good relationship with her husband’s parents, or they do not accept the spouse.

In such a situation, there can be a very heated dispute over the remaining property.

It is important to know who the first heir is after the death of the husband. Then you won’t have to argue with other relatives.

The legislation establishes a special order of inheritance by relatives, consisting of 7 possible orders. Each of them depends on the closeness of relationship to the deceased person.

The first stage includes:

1. His immediate spouse, with whom the deceased was officially married. This is a prerequisite for obtaining the right to claim property.
2. The parents of the deceased person, it is not at all necessary whether they lived with him or not. Adoptive parents who have officially adopted a deceased child also have this right. This right is revoked only by those who have been deprived of parental rights in relation to a specific child.
3. Children or grandchildren according to the principle of representing their parents. The blood connection must be proven. For children born in marriage, it is enough to have a birth certificate indicating their blood parents.

Accordingly, all these persons will share equally the remaining property. But it is important to know that the official spouse will initially be the direct heir.

Since from all the property owned by the deceased person, it is necessary to allocate jointly acquired property. It is not subject to division among other heirs. Such property becomes completely the property of the wife.

And all remaining property will go to the heirs in equal shares, while the spouse will also participate in this division.

If a deceased person has children, regardless of the fact that they may have been born from different marriages, they all have the right to participate in the division of property.

But they will not be able to claim jointly acquired property during marriage.

If the father of a child born before the official marriage was registered did not have any property, then such a child will have nothing to claim.

No first line

If a person does not have close relatives belonging to the first priority, this right to inheritance passes to his grandchildren and great-grandchildren.

They receive that part of the property that would have been intended for the child of the deceased person, in accordance with the existing queue.

If there are several such grandchildren and great-grandchildren, then they will divide among themselves in equal shares.

Only in the absence of grandchildren and great-grandchildren in the direct line and all representatives of the first line, the right of inheritance passes to the next line.

Next, the transfer of rights is carried out from one group to another according to the established order, if in the previous order there is not a single representative of it who is ready to accept this inheritance.

How are values ​​shared?

The estate includes both real estate and movable things . Additionally, this includes the rights and obligations a man has at the time of death. Therefore, recipients of houses, cars, money, securities and debts are determined.

Attention! The debt is repaid only to the extent of the value of the property received, so if the debt exceeds the price of the inheritance, the balance is written off, and the heirs are not required to spend personal funds to repay the debt.

The legal spouse has the right to inherit property after the death of her husband even in the case of separation . If a woman renounces her share, it is divided equally among the remaining heirs. The wife is considered a compulsory heir under Art. 1142 of the Civil Code, therefore, even if she is not indicated in the will, she can count on a certain share of the deceased’s property, and this is not affected by her age, length of marriage or state of health. But in this case, she receives only 50% of the share that she could receive by law.

Reference! If the widow can prove that the will was drawn up under pressure or at the time of its creation the deceased was considered incompetent, then under Art. 179 of the Civil Code, the document is disputed and loses legal force.

Direct heirs after death by law

A direct heir is a person who has priority in receiving the inheritance share.

Part of the first phase includes the following:

1. Spouse.
2. Parents of the testator.
3. Children of the deceased.
4. Persons who necessarily receive a share of the inheritance, which does not depend on the will (desire) of the deceased, that is, their share remains stable, even if the testator reduces it or eliminates it altogether. These are minor/incapacitated children, dependents (guardian or adopted children), disabled parents or spouse. That is, this fact depends on the state of health or age.

Important! The disability must be permanent, and not fortunately occurring for a separate period of time in order to receive property.

There are exceptions when these persons are excluded from receiving property if the testator makes a note in the will that they should not receive a share. True, if these persons are disabled, then they bypass the request of the deceased.

There is also the right of representation, its meaning is that instead of direct heirs, their children , for example, the grandchildren of the deceased, can receive the property. This right arises when direct heirs die before the testator.

Spouse as first priority heir

The person with whom the deceased was in a civil marriage (not registered in the registry office), unfortunately, is not included in this list.
The same applies to ex-spouses. The presence of marriage must be officially confirmed by a document - a marriage certificate.

Receiving property can occur in two ways: if the spouses have jointly acquired property, then the spouse has the right to ½ of all available property, as well as to receive his own share in the second part of the undivided property.

Children of the testator

Who is the direct heir after the death of the father? Children are included in the priority list , regardless of age, both minors and those who have reached 18 years of age or more.
This also includes children born out of wedlock and adopted.

It is even possible for an unborn child , but the procedure itself will be postponed until the birth of the baby.

But the relationship must be documented by a birth certificate , which indicates that the deceased is the father.

Children under 18 years of age have a special status , since their share of the inheritance cannot be reduced or even removed, even if the testator indicates this in his will.

Parents of the testator

Parents are also considered direct heirs , however, if they were not deprived of parental rights. Guardians and adoptive parents (adoptive parents) are also considered equal to them.

In practice, the question arises: does the existence of a concluded/divorced marriage between the father and mother of the deceased affect the receipt of an inheritance? Definitely not, parents can manage their personal lives independently without affecting their share of the inheritance.

Dependents

Who are dependents? Disabled people, for example, those under 18 years of age, pensioners, full-time students, disabled people. But the very fact of dependency means financial dependence on the deceased within 1 year before death.

This does not necessarily imply cohabitation, it simply requires documentary evidence of the fact of care and maintenance.

What documents need to be collected? Unfortunately, in practice it is difficult to prove the fact of dependency, but this list of documents may help you:

1. A certificate from the accounting department at the place of work of the deceased testator about the presence of disabled persons as dependents.
2. Certificate from the social protection department confirming receipt of a pension due to the loss of a breadwinner.
3. If you lived together, then papers confirming this fact.

Dependents receive a mandatory share of the inheritance, regardless of what is written in the will.

Stages and rules of registration

To understand how to enter into an inheritance after the death of a husband, you need to know that only 6 months from the date of death. The place of opening of the inheritance is the address where the citizen lived before his death. It is allowed to take into account the address of the most valuable property represented by real estate.

In law

If there is no testamentary act, then the widow, who lays claim to the remaining valuables, registers the inheritance with a notary after the death of her husband:

• within 6 months submits an application for inheritance ;
• the specialist is given the woman’s passport, the man’s death certificate, the official marriage certificate, as well as an extract from the house register containing information about the last place of residence of the deceased;
• within six months, the notary finds all the heirs and also draws up the necessary documents ;
• at the end of the term, all successors receive a certificate , with the help of which they confirm the right to the received values.

Important! A notary may require additional documentation to determine family ties or other purposes.

Based on Art. 333.24 of the Tax Code establishes the amount of duty levied on the inheritance received, and it depends on the presence or absence of family ties, as well as on the value of the valuables. Close relatives, which include wives, will have to pay 0.3% of the price of the property , but the total fee cannot exceed 100 thousand rubles. The remaining successors pay 0.6% of the value of the valuables , but not more than 1 million rubles. A woman receives an exemption from paying the duty only if she has a specific status, for example, if she is a participant or disabled person of the Second World War, as well as a hero of the Russian Federation or a holder of the Order of Glory.

By will

If, after the death of her husband, a woman discovers that he has a will, then she needs to contact the notary who prepared this document. If the widow is named in the order, then she receives the property of her deceased husband based on this documentation.

But if a woman finds out that her husband during his lifetime decided not to leave her his property, then she can only count on an obligatory share. The registration process consists of contacting a notary , after which after 6 months the widow receives a certificate with which she transfers the valuables to herself.

Inheritance without a will (by law)

The succession procedure under the rules of family and civil law is mistakenly considered more complex. Who is the first priority heir after the death of the husband without a will? What if the minor child in whose name the property was registered died?

Inheritance by law is a procedure initiated by the state if the deceased citizen did not leave a will. The inheritance is opened at the place of the person’s last permanent residence.

According to the currently established standards, it is possible to submit an application to a notary to enter into succession only in the first six months after the date of death. And here the course of action is described when you did not have time to enter into the right of inheritance within the specified period.

This period may be extended in some cases:

1. If one of the claimants to the property did not have the opportunity to find out about the death of a loved one, then six months will be calculated from the date of his notification;
2. If a citizen who knew about death and the beginning of the six-month period could not contact a notary due to health problems or other reasons beyond his control (catastrophe, war, etc.).

Inheritance by law occurs in the order of priority established by the state. The law distinguishes five levels of heirs.

1. Fifth - all relatives not included in the other four groups.
2. The fourth is any citizens who lived with the deceased for at least five years.
3. The third is uncles and aunts.
4. The second is a brother/sister, both half and blood, as well as grandparents on both sides.

Can a common-law wife receive an inheritance?

If an official marriage is not concluded between citizens, then they are not considered close relatives . Therefore, the woman will not be able to receive the inheritance of her partner. According to the law, they do not have family relations due to lack of registration.

Therefore, even if people live in the same territory for a long time, have children together and buy property with common money, the woman will not be able to lay claim to the valuables left over from her deceased partner. Therefore, even items purchased with common funds can go to strangers.

Attention! To avoid unpleasant situations, people living in a civil marriage can draw up wills.

Acceptance of inheritance

In the event of a person’s death, his relatives are required to visit the notary’s office, which is assigned to the citizen’s registered address where he lived before his death. This must be done no later than 6 months from the date of death of the relative.

The notary checks from his database the presence or absence of a will from a given person.

In most cases, the relatives to whom the testator planned to transfer the inheritance knew that it had been drawn up, and sometimes even had a copy of the will in their hands.

But before formalizing the procedure for the heirs to assume legal rights, each notary is obliged to check the existence of a will. Sometimes its preparation is a surprise for relatives.

If a will exists, then family members, as well as other persons, are notified of its existence and of what is required according to this document.

Each heir decides whether to accept the given inheritance or refuse . At the same time, he can refuse in favor of someone, or simply.

In the absence of a will, each heir must submit an application to the notary's office stating that he wishes to accept the inheritance.

If such a statement is not received, this means that the person refuses the part of the property due to him.

In this case, his share is divided equally among other participants in this queue.

However, a citizen may have valid reasons for missing such a deadline:

• serious illness;
• ignorance of a person's death;
• absence of an heir in a given city and inability to come for a long time;
• other extenuating circumstances.

If they exist, the heir can, through the court, restore the missed deadline and apply for an inheritance. Then the notary will be forced to reconsider the division of the inheritance taking into account his presence.

Video: Accepting an inheritance and refusing an inheritance

Important information

A widow claiming the inheritance of her deceased husband must remember the following important points:

• All children can claim a man’s values ​​- they are also direct heirs after the death of their husband, even those born out of wedlock. Therefore, only evidence of family ties is sufficient;
• if the husband draws up a will in which the wife is the sole recipient of the property, then the valuables will still have to be divided with the obligatory heirs, which include children or dependents;
• a widow can even receive the last salary or pension of her deceased husband;
• if a woman renounces her share in the apartment, then her share equally divided among all the man’s children, even those born in a previous marriage;
• it is forbidden to refuse an inheritance in favor of another person, therefore the remaining share is automatically divided among other legal successors;
• a woman has the right to challenge the will of a deceased spouse if she has evidence that the document was formed under duress or the paper does not have legal force for other reasons.

If you take these rules into account, then there will be no difficulties with dividing the inheritance after the death of your husband.

What is inheritance by right of representation?

The right of representation occurs when the heir dies with or before the testator. In this case, this deceased will be represented by his descendants - they will receive part of the inheritance in equal shares among themselves.

Thus, when determining who the first heir is after the death of his wife, it should be taken into account that these may also be grandchildren (if their parents are deceased).

The effect of the rules on the right of representation is excluded only if the testator has deprived the relevant citizens of the opportunity to receive property by including such an order in the will. If there is no will, it is impossible to avoid the entry of such heirs into property rights (details about the right of representation are in the corresponding article).

Joint property

When distributing shares of property received from a deceased husband, the wife is required to provide documentary evidence and a list of what is jointly acquired property.

This is considered by law to be:

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Common property does not include individual belongings of each spouse that are necessary for personal hygiene, performance of professional duties, and other similar needs.

This also does not include everything that was acquired before marriage, donated under an appropriate agreement, or received by inheritance.

Documentation

The procedure for entering into inheritance and filing an application requires the provision of mandatory documents confirming a person’s right to inherit.

In 2020, such documents include the following papers:

Copies must be made of all documents . They can also be issued at the notary office itself, but you will have to pay much more for this service than at a regular copy center.

The inheritance includes absolutely all property owned by a citizen, without certain exceptions. When entering into your share, you cannot refuse part of the transferred property.

Along with the property, certain obligations associated with it are also transferred..

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Often relatives inherit a house with large debts for it, or a business with a lot of unpaid obligations.

Whoever becomes the owner of such property becomes obligated to pay all bills.

Thus, after the death of the husband, the wife receives the second share of the joint property, and can also claim the rest of his property together with the parents of the deceased and his children.

In the absence of all these persons, the right to receive the inheritance passes to the grandchildren and great-grandchildren in equal shares.