What is the place of opening of inheritance?

What is opening of inheritance?

The opening of an inheritance occurs on the day when the testator dies or is declared dead, which is confirmed by the relevant document - a death certificate.

The opening of an inheritance is a legal fact that involves...

• Place – where the inheritance business is conducted;
• Time – when inheritance rights and obligations arise, when the countdown for their implementation begins.

How to open and accept an inheritance

The opening and acceptance of the inheritance occurs in the following order: The heirs, having learned about the opening of the inheritance, i.e. about the death of a citizen, in order to formalize rights in accordance with the law of the Russian Federation, they turn to a notary by writing a statement that expresses consent to accept the inheritance. The application form is developed by the notary independently, and its form is given to the heir to fill out. The application is recognized as a fact of legal significance, confirming the will of the heir to consent to receive the inheritance. The absence of such an expression of will entails consequences in the form of a notary’s refusal to take action to issue a certificate.

An heir who permanently resides with the owner of the property until the day of his death is considered to have actually accepted the inheritance. To register the rights, he needs to obtain a certificate of the right to inheritance from a notary within 6 months from the date of opening of the inheritance. As a basis for proving the fact of acceptance of the inheritance, a certificate of residence or registration at the place of establishment of the inheritance case may be submitted.

Documents to confirm the fact are individual in each case and the notary makes a decision in each case separately. In addition, heirs who have paid the debts of the testator, received funds for him, preserved or protected the inherited property, or entered into management or ownership of the inherited property may be recognized as having actually entered into the inheritance. If the notary refuses to recognize the applicant as an heir, the fact of acceptance of the inheritance may be challenged in court.

Place of opening of inheritance

No less significant a fact of inheritance than time is the place of opening of the inheritance . Its determination is necessary when resolving a host of issues - when submitting an application for acceptance and refusal of an inheritance, obtaining a certificate of inheritance, when taking measures to protect the inheritance, increasing inheritance shares, filing claims by creditors, etc. It is determined according to the rules of Art. 1115 of the Civil Code, according to which it is considered the last place of residence of the citizen-testator.

For your information

Based on Art. 20 of the Civil Code, the last place of residence of the testator should be considered the address at which he permanently or primarily resided at the time of his death or when he was declared dead.

Regarding minor citizens and citizens under guardianship, this place is recognized as the place of residence of their legal representatives. Thus, the place of opening of inheritance cannot be recognized as a place of temporary residence or stay - places of military deployment, places of detention, student dormitories, etc. In order to determine the place of opening of the inheritance, their permanent place of residence prior to military service, arrest and study, respectively, is recognized.

In addition, potential heirs need to remember that:

• According to clause 30 of the Methodological Recommendations for performing certain types of notarial actions, approved by Order of the Ministry of Justice of the Russian Federation No. 91 of March 15, 2000, the place of opening of the inheritance must be confirmed by a certificate issued by the housing maintenance enterprise or internal affairs bodies. Such a certificate is issued at the place of permanent registration of the citizen.
• If such place of residence is unknown or is located outside of Russia, in accordance with clause 2 of Art. 1115 of the Civil Code, the place of opening of inheritance should be considered the location of the inherited property . Such a location must also be documented - an extract from the Unified State Register, a title document for the property, etc.
• In cases where the property included in the inheritance mass is located in different places, the inheritance is opened at the location of the real estate included in its composition or its most valuable part. And in the absence of real estate, the place of discovery is considered to be the location of the movable property or its most valuable part. The value of a part of the property can only be determined by conducting an expert assessment and determining its objective market value.
• If there are no documents confirming the location of the inherited property, the inheritance can be opened on the basis of a court decision establishing the place of opening of the inheritance, as a fact of great legal significance (clause 9, paragraph 2, article 264 of the Code of Civil Procedure).

Grounds for opening an inheritance

The opening of inheritance occurs in the event of the death of the testator. In practice, the death of an individual means:

1. Biological death. Death of the owner from illness, natural causes, or injury.
2. Declaring a citizen dead. Making a court decision due to a long ( more than 5 years ) absence from the last place of residence. The exact date of reference is the day the latest information is received from the owner. The exception is the situation when a citizen disappeared under circumstances that threatened his life (natural disasters, during military operations). Then the period of absence of information is 6 months .
3. Establishing the fact of death. Making a court decision due to the absence of the body of the deceased, in the presence of accurate information about his death.

Example. A person is declared dead if relatives or other interested parties suspect that the owner is dead. Establishing the fact of death is possible if it is reliably known that the owner of the property died, but his body was not found. For example, in the event of falling into an abyss.

The main document for opening an inheritance is the death certificate of a citizen. The document is issued by the district registry office. The law provides for the possibility of contacting the department:

• at the place of death of the citizen;
• at the place of last registration of the deceased.

The certificate will be issued on the basis of one of the following documents:

• in case of biological death - a medical death certificate;
• when declaring a citizen dead - a court decision declaring the citizen dead;
• when establishing the fact of death - a court decision to establish the fact of death.

Who will issue

The duty of the notary is to approve all aspects of the inheritance process, for which a list of documents is requested. One case is registered with the notary at the place where the inheritance was opened, despite the scattered addresses of the inherited objects. When an inheritance is opened, information about the obligations of the deceased must be provided to the notary's office. Legal successors receive property by will or by law.

Opening a will is a procedure performed by a notary. In the will, the testator determines the terms and legal successors. Opening an inheritance under a will requires the provision of the main document – ​​the will. A will is a unilateral agreement with an unclear effective date. An open date is the unknown moment of death. Information about the will is stored in the Register of the notary's office.

Relatives can open an inheritance case without a will by confirming their rights at a notary office. The degree of relationship matters.

The case that opens the procedure for transferring inherited property is called a probate case. It includes documents of the legal stages of registration of inheritance. The case is registered and kept by the notary.

Place of opening of inheritance place of residence

» Entry into inheritance September 09, 2020

Place of opening of inheritance

Based on Ch. 61 of the Civil Code of the Russian Federation, inheritance includes movable and immovable property, as well as property rights and obligations, the owner of which was the deceased on the day of his death. When opening an inheritance, time and place play an important role. The inheritance becomes available on the day of the citizen’s death; if the person is declared dead by a court decision, then from the date of entry into force of this decision or from the date of expected death.

According to Art. 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is the last address of residence of the deceased, the location of the property or its most valuable part, if it is located in different places.

In accordance with Art. 1153 of the Civil Code of the Russian Federation, in order to accept the property of the deceased, the heir must contact a notary with an application for its acceptance and receive a certificate at the place where it was opened. At the same time, he must provide the notary with documents confirming the last place of residence of the deceased. For example, if a citizen was registered as permanently residing in Krasnodar, then the heir cannot contact a notary operating in Tuapse.

Citizen's place of residence

Based on Article 20 of the Civil Code of the Russian Federation, the place of residence of a citizen is the address at which the person permanently or primarily resides, and for citizens under guardianship, the place of residence of the guardian. On the territory of Russia, a citizen must have registration at the place of residence (permanent registration) or at the place of stay (temporary registration). Otherwise, he faces a fine of RUB 1,500.00. up to 2500.00 rub. (Article 19.15 of the Code of Administrative Offenses of the Russian Federation). The citizen’s place of residence must coincide with the place of registration. If he leaves for a while and will be away for more than 90 days, then he is obliged to register at the place of stay in order to maintain registration records. In this case, the inheritance is opened only at the address of permanent residence. To determine the place of residence of the deceased, the notary will need the following documents (not all at once, but some of the indicated, depending on the situation): an extract from the house register from the housing department, homeowners' association, housing cooperative, a certificate from the village council , the department of the Federal Migration Service, a certificate from work indicating the address of the deceased and/or from the Pension Fund, which indicates the delivery address of the pension, a court decision. If for some reason the last place of residence of the deceased is difficult to determine, then it is better to go to court. For example, a person is registered at one address, which is confirmed by an extract from the house register from a housing organization, but in fact he has been living at another address for several years, which is confirmed, for example, by a certificate from work or from another housing organization. In this case, the documents contradict each other. If the testator is a military man who served far from home, a student who was trained in another locality, a person who worked on a rotational basis, a person who died in a place of imprisonment, then the inheritance is opened in accordance with the address of their last permanent registration.

Location of the inheritance

If the last place of residence of a deceased citizen cannot be determined or it is located outside the Russian Federation, then the inheritance is opened at the location of the deceased’s property or its most valuable part. The location of the property and its estimated value must be confirmed by relevant documents. A citizen’s address may be unknown if he did not have permanent registration on the territory of the Russian Federation, but this happens very rarely. But, if the address of the deceased is known, but it is not possible to confirm this with documents, you need to boldly go to court. Otherwise, a situation may arise when several inheritance cases are opened for the property of the same citizen, and this will entail further legal proceedings. If a citizen goes missing and is declared dead by a court decision, then the inheritance is opened at the last place of residence before the disappearance. If the testator lived outside the Russian Federation, then in this case, according to the legislation of the Russian Federation, inheritance occurs in accordance with international treaties, legal and regulatory acts.

All of a person's property must be assessed at market value on the day of his death. For example, the deceased had an apartment in Moscow and a house in Tver. The market value of the apartment is higher than the cost of the house, so the place where the inheritance will be opened will be Moscow.

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The place of opening of the inheritance is the last place of residence of the testator.

In accordance with Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where a citizen permanently or primarily resides; the place of residence of minors under the age of 14, or citizens under guardianship, is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians. If the place of opening an inheritance is incorrectly determined, a situation may arise in which several inheritance cases will be opened with different notaries in relation to the property of one testator, which, in turn, can almost inevitably lead to a violation of the rights and legitimate interests of individual heirs.

The Plenum of the Supreme Court of the Russian Federation, in its Resolution No. 9 dated May 29, 2012, explained that the place of residence of the testator can be confirmed by documents certifying his corresponding registration with the registration authorities of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation (clause 1 of Art. 20 and Part 1 of Article 1115 of the Civil Code, Parts 2 and 4 of Article 1 of the Housing Code of the Russian Federation, Parts 2 and 3 of Article 2 and Parts 2 and 4 of Article 3 of the Law of the Russian Federation of June 25 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.”

The place of last permanent residence of the testator can be confirmed by one of the following documents:

certificate from the housing maintenance organization

certificate from the local government

a certificate from the place of work of the deceased about his place of residence

certificate from the address bureau (previously - about registration, currently - about registration of a citizen at his place of residence)

certificate from a housing or housing construction cooperative

extract from the house register

a certificate from the district (city) military registration and enlistment office stating where the citizen lived before being called up for military service

a certificate from the social security authority stating at which address the pension was delivered to the testator

a court decision to establish the fact of the place of opening of the inheritance.

The place of opening of the inheritance is precisely the permanent (not temporary) place of residence of the testator, even if the testator lived for a significant time outside his place of permanent residence.

The place of residence of a citizen may be a residential building, an apartment, a service residential premises, specialized houses (dormitory, hotel-shelter, house of a mobile fund, a special home for single elderly people, a boarding house for the disabled, veterans, etc.), other residential premises, in in which a citizen permanently or primarily resides as the owner, under a lease (sublease), lease agreement, or on other grounds provided for by law (Article 2 of the Law on the Right of Citizens to Freedom of Movement). To confirm the place of opening of the inheritance, the notary is presented with documents issued by the registration authorities confirming the registration of the testator at the place of residence. In cities, towns, rural settlements, closed military camps, as well as in settlements located in the border strip or closed administrative-territorial entities in which there are territorial bodies of the federal executive body authorized to exercise control and supervision functions in the field migration, the registration authorities of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation are the territorial bodies of the federal executive body authorized to exercise control and supervision functions in the field of migration, in other settlements - the local administration (Article 4 of the Law on the right of citizens to freedom of movement).

The place of the last permanent or primary residence of the testator may be established by the court. If at the time of death the testator was permanently or predominantly living in the residential premises in which he was registered at the place of residence, while maintaining registration at the place of residence at another address, the inheritance is opened at the place of residence of the testator, if the fact of the place of opening of the inheritance is at the place of residence of the testator ( or the fact of permanent or primary residence of the testator at the place of residence) has not been established in court. The notary who opened the inheritance case at the place of residence of the testator, established by the court, notifies about this the notary conducting inheritance affairs at the place of the last place of residence of the testator (in the absence of information about the notary to whom the information should be sent, the territorial body of Rosregistration is notified).

The place of opening of inheritance by law is the place where the testator permanently or predominantly resided on the day of death. If he did not live in Russia, or his place of residence is generally unknown to the heirs, then the inheritance opens where the property of the deceased is located.

Why is it so important to accurately establish the place of opening of the inheritance? First of all, it depends on:

• under what laws will inheritance relations be considered?
• Which notary office should interested parties contact?

In practice, the matter can be complicated by a number of factors. In particular, the testator, being a Russian citizen:

• may reside in Russia, but not at the place of registration
• do not have a permanent place of residence (or it is unknown to the heirs)
• permanently reside abroad.

The same situation can occur in relation to the property of the deceased itself: it can be located both in Russia and abroad.

Opening an inheritance at your place of residence

If the deceased testator lived in Russia, then the inheritance is opened at his last place of residence. It is there that the notary must formalize the inheritance case at the request of interested parties. It can only be created in a single copy. For a notary, confirmation of the place of last residence is a certificate issued by the registration authorities.

In some cases, an inheritance case may be opened at the place of residence of the deceased testator, if, on the basis of a court decision, it is recognized as the place where he lived permanently or most of the time. Accordingly, it will be the place where the inheritance is opened. The notary who opened such a case is obliged to inform the notary at the place of permanent registration of the deceased about this, in order to avoid opening several cases.

If the testator lived permanently abroad, then the place of opening of the inheritance is determined in accordance with an international treaty between Russia and the country of residence. If there is no such agreement, then inheritance is carried out according to the rules of the country of residence.

Opening of inheritance at the location of the property

If the place of residence is unknown, the inheritance case is opened at the location of the property. It can be located in different places, including abroad. By law, in such a situation, the place where the property is discovered is the place where the most valuable part of the deceased's real estate is located. In the absence of such, the issue is resolved at the location of the movable property (or its most valuable part).

Value is determined by market value. A rule has been established regarding real estate: it is inherited according to the law of the country where it is actually located. The notary who is handling the case of his inheritance in Russia, in order to avoid controversial situations, notifies the notary of another country about all the circumstances.

At the place of opening of the inheritance, all issues related to it are resolved:

• applications from heirs for acceptance or refusal are accepted
• creditor claims are made for the debts of the testator
• management and protection of inherited property is organized.

If it is impossible to document either the place of residence of the deceased or the location of his property, then the place of opening of the inheritance is determined in court. It may turn out that an inheritance case in Russia has been opened in several places, for example, at the place of residence and at the location of the property. In this case, the opening of the inheritance at the place of residence has priority, and the second case must be transferred to the relevant notary.

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What is the place of opening of inheritance?

Article 1115 of the Civil Code of the Russian Federation. Place of opening of inheritance

The area for opening an inheritance may be a specific place of residence of the testator. Moreover, if the deceased lived outside the territorial location of his own state or his location is not determined, and the property is located on the territory of the state, then the area where the property of the deceased is located is considered the area where the inheritance is opened.

When assets are scattered, the opening district is the area of ​​presence in the greatest extent of its significant share. The determination of value is in relation to the market price.

Determining the place of opening of inheritance at the place of residence of the testator

Such a district assumes an arbitrary region of residence of the subject:

• private homeownership,
• apartments in a multi-storey building,
• chambers issued for official purposes,
• houses for special purposes (communal services, educational homes, sanatoriums, institutions for people with disabilities, retired military personnel, and so on), equipped for living.

Where the person resided on a continuous basis, under a recruitment agreement, leasing agreement, or other basic provisions stipulated in legal acts.

Documents confirming the fact of permanent residence:

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• Official excerpts from the housing book. Mandatory indication of the address and date of registration.
• A certificate with information from the housing and maintenance service with data on registered residents.
• Confirmation of residence at the specified address. Issued by the address bureau.
• Confirmation of the presence or absence of family members in care. Issued by regional government services.
• Excerpt from the military registration table at the place of registration of a man before conscription for military duty.
• A copy of the death certificate of the testator provided by the registry office.
• Resolution of Themis representatives on the location of the regional heritage.

Important: The area of ​​opening of inheritance is only the permanent place of residence. Fleeting areas of residence are not taken into account, even if the testator lived there for a significant period.

Place of opening of inheritance. Comments

1. For military personnel who have undergone conscription service: soldiers, sergeants, junior officers, the region of opening of inheritance is officially recognized as the actual region of life before the performance of military duty.
2. After the end of the life of a person living in a monastery, temple, or other religious community. In this situation, it is allowed to enter into receivership rights directly at the location of such institutions, if this person had a residence permit in one.
3. When faced with the dilemma of accepting property left by a prisoner who died in custody. It is worth remembering that those serving a sentence are denied registration in their area of ​​residence on the basis of a court verdict after the sentence enters into legal force. In such a situation, the place of opening of the inheritance is determined by a court resolution.

The area of ​​acceptance of inheritance is only the permanent (others are not considered as such) region of residence of the testator. despite the fact that the testator did not live at the place of registration for a long time.

What is the testator's last place of residence?

As Article Twenty of the Civil Code of the Russian Federation establishes, the area of ​​residence is the location where the citizen was constantly present. If a young child appears in the process, the permanent region of residence of the guardian (parent, adopting individual) is recognized as such place.

If the place of initiation of proceedings on abandoned property is inappropriate, there may be a precedent, in which case several proceedings will be opened regarding the inheritance of property, which may lead to a violation of the personal claims of various claimants.

Is the inheritance opened at the place of residence or at the place of residence of the testator?

If you agree to join the heritage, you will need to provide accounting statements.
confirming the registration of the testator. To do this, you will need to submit an application to the regional authorities that carry out accounting and registration. There is a procedure in which the court determines the scope of acceptance of the inheritance.

This often happens when the testator, at the time of his death, lived on an unchanged basis in premises designated as residential, and was registered at this address, but was registered at a different address, then in this case the inheritance is opened at the place of actual residence of the testator.

If there is no order from the Themis authorities indicating the territorial location of such a place.

A notary opening inheritance proceedings in the region of actual residence of the testator prescribed by court order is obliged to notify the notary in charge of the case at the place of registration.

If this is not possible, registration services are notified. If it is impossible to establish the area of ​​registration, the actual location of the inherited property is prescribed as the place of inheritance records management.

The last place of residence of the testator is a foreign country

When the property of the deceased was located on the territory of the Russian Federation, and the death occurred on the territory of another state, the place of determining the office work on the issue of the place of opening of the inheritance is guided by international treaties.

The absence of contracts of this kind when opening an inheritance, in which there is a foreign contingent, and we are talking about real estate, is guided by the normative act one thousand two hundred twenty-four of the Civil Code of the Russian Federation.

In order to avoid the emergence of controversial issues, the notary is obliged to notify the consular authorities of the foreign state.

The paperwork regarding the adoption of vehicles is entrusted to the contracting parties where the testator resided. In turn, the party where the property is physically located has the right to resolve problems related to real estate.

In this case, the right of inheritance of movable property is determined by the country in whose national territory the testator resided. In the case of real estate, the law of the party where the property is present comes into force.

If there is no information about the place of residence of the deceased

The establishment of office work on succession issues based on the location of property takes place under certain conditions. if it was not possible to determine the region of registration of the testator.

Establishing the scope of inheritance proceedings is a significant moment for establishing significant issues related to the entry into rights.

According to the instructions of articles of the civil code from sixty-one to sixty-six, as well as sixty-ninth and seventieth, a notary is obliged to open proceedings and open a case, as well as perform the following actions:

1. Notification of successors.
2. Confirmation of rights claim.
3. Consideration of financial claims from borrowers.
4. Acceptance and provision of security and quality management of the assets of the inherited property.
5. Organizing measures, as well as issuing orders to maintain the proper condition of property, the location of which is not the place of opening of the inheritance.
6. Carrying out activities to inventory the inherited property and taking the necessary measures to preserve ownership until the transfer of ownership.
7. Carrying out activities related to payment of bills.
8. Preparation and support of documentation.

For the territorial determination of mutual legal relations related to the inheritance matter, the place of opening of the inheritance is actually determined. which actually regulate the territorial connection to the immediate district of notarial responsibility.

In turn, this contributes to the legal integrity of the property transferred through succession in connection with the death of the owner. This allows all persons (including the testator’s borrowers) interested in this process to obtain information about the notary organization in charge of this matter.

ATTENTION! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer will advise you free of charge.

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Place of opening of inheritance. The place of opening of the inheritance is the last place of residence of the testator

The place of opening of the inheritance is the last place of residence of the testator. If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value (Article 1115 of the Civil Code of the Russian Federation).

In accordance with Art. 20 of the Civil Code of the Russian Federation, the place of residence of minors under fourteen years of age, or citizens under guardianship, is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

If the place of opening of the inheritance is incorrectly determined, a situation may arise in which several inheritance cases will be opened with different notaries in relation to the property of one testator, which, in turn, can almost inevitably lead to a violation of the rights and legitimate interests of individual heirs.

The place of the last permanent residence of the testator can be quite indisputably confirmed by an extract from the house register or a certificate signed by the head of the passport service, or by a court decision establishing the fact of the place of opening of the inheritance (Article 247 of the Code of Civil Procedure).

The place of opening of the inheritance is precisely the permanent (not temporary) place of residence of the testator, even if the testator lived for a significant period of time outside his place of permanent residence.

Article 2 of the Pension Fund Law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” defines place of residence as “... a residential building, apartment, office premises, specialized houses (dormitory, shelter hotel, house of maneuverable fund , a special home for single elderly people, a boarding house for the disabled and others), as well as other residential premises in which a citizen permanently or primarily resides as the owner, under a lease (sublease), lease agreement or other grounds provided for by the legislation of the Russian Federation ." Article 6 of the same Law imposes on citizens of the Russian Federation the obligation to apply for registration within 7 days from the date of arrival at a new place of residence, and the registration authority is obliged to register the citizen at the place of residence no later than three days from the day the citizen presents documents for registration.

Thus, after the death of conscripts, as well as persons studying at universities, secondary specialized educational institutions, educational institutions of the vocational education system located outside their permanent place of residence, the place where the inheritance is opened is recognized as the place where they permanently resided before being called up for military service. service or before entering the appropriate educational institution.

The place of opening of inheritance after persons who died in prison is the last permanent place of residence before the court verdict.

The place of opening of the inheritance is the notarial district, which corresponds to the administrative-territorial division established on the territory of the Russian Federation. To submit an application for acceptance or refusal of an inheritance, you first need to find out whether a state notary office exists in a given notary district. For example, the notarial district is the city of Moscow, and in the Moscow region there are several notarial districts - each district of the Moscow region is a separate notarial district - the city of Domodedovo and the Domodedovo district of the Moscow region, respectively, in the certificate of inheritance the notary indicates - a notary of the city of Moscow or a notary of the city. Domodedovo and Domodedovo district of the Moscow region.

Accordingly, for the property of citizens who, on the day of their death, were registered permanently at their place of residence in the city of Moscow, inheritance cases are opened by notaries of the city of Moscow, for the property of citizens who are permanently registered at their place of residence in the Domodedovo district of the Moscow region - by notaries of the city of Domodedovo and the Domodedovo district of the Moscow region areas.

If there is a state notary office in the notarial district, the issuance of certificates of the right to inheritance, the issuance of certificates of ownership of a share in the common property to the surviving spouse and the adoption of measures to protect the inherited property is carried out only by the state notary office (Article 36 of the Fundamentals of the Legislation of the Russian Federation on Notaries) .

If there are no state notary offices in the notarial district, the powers to perform the above actions are transferred to notaries engaged in private practice by a joint decision of the justice authority (from 01/01/2005 - directorates and Main Directorates of the Federal Registration Service of the Ministry of Justice of the Russian Federation) and the regional notary chamber (Article 36 of the Fundamentals ). Now - Directorates (Main Directorates of the Ministry of Justice for the subject).

In different notarial districts, the distribution of inheritance cases between notaries is regulated by the Order of the Head of the Federal Registration Service (until 01/01/2005 - by the heads of departments or departments of justice of each registration and notarial district, which correspond to the administrative-territorial division established on the territory of the Russian Federation), which determines , from what period of time which notary is authorized to conduct inheritance affairs. In some cities, inheritance cases are distributed according to the order on an alphabetical basis - that is, each notary is assigned inheritance cases to the property of deceased citizens according to the first or several letters of the alphabet, each notary is assigned one or more letters or combinations thereof, in large cities - by district or specific streets.

On the territory of the city of Moscow, until August 1, 2005, there was a territorial principle - one or more streets were assigned and transferred to a specific notary from a certain date.

The heir has the right to apply to the property of citizens who died after July 31, 2005 to any notary of the city of Moscow, since from this period inheritance cases are opened by notaries of the city of Moscow via the Internet using a specially created computer program “Inheritance without Borders”, and the inheritance case will be conducted the notary whom the first of the heirs addressed before the others.

It should be borne in mind that applications for acceptance or refusal of an inheritance must be submitted to a proper notary and within the time limits established by law. To find out which notary is authorized to open an inheritance case for the property of a particular citizen, you can contact the regional notary chamber, the Department of the Ministry of Justice of the constituent entity of the Russian Federation or the passport office at the place of residence of the testator.

The place of opening of the inheritance after the death of career officers who served abroad and did not have a permanent place of residence in Russia is determined by the location of all the inherited property or its main part. In this case, the notary will request a certificate from the district military registration and enlistment office or military unit at the officer’s place of service stating that he did not have a permanent place of residence in the Russian Federation and was abroad, or the heirs determine the place of opening of the inheritance in court.

Well-known features in determining the place of opening of an inheritance exist in relation to the registration of inheritance cases after the death of testators who permanently resided outside the Russian Federation, in particular in one of the CIS countries.

In accordance with the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, proceedings in cases of inheritance of movable property are competent to be conducted by institutions of the Contracting Party in whose territory the testator had his place of residence at the time of his death. Proceedings in cases of inheritance of real estate are competent to be conducted by institutions of the Contracting Party in whose territory the property is located. In this case, the right to inherit movable property is determined by the legislation of the Contracting Party in whose territory the testator had his permanent place of residence. Inheritance of real estate is determined by the legislation of the Contracting Party on whose territory this property is located.

Sources: 1nasledstvo.ru, nasledstvo.advokatshinev.ru, advokat-komaev.ru, nasledstvo7.ru, studopedia.ru

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What types of inheritance are there?

According to the Civil Code of the Russian Federation, there are two types of inheritance:

• in law;
• by will.

According to the law, property is inherited for which there was no order from the deceased citizen. Heirs by law inherit property according to the order of which there are eight in the Russian Federation. The heirs of the corresponding line are called upon to inherit. If there are no heirs in the corresponding line, heirs in the next line are called upon to inherit. The fact of acceptance of the inheritance is confirmed by the will of the successor in the form of filing an application accepted by a notary.

The opening of an inheritance, the procedure for its acceptance, the grounds for receipt, the procedure for formalizing and registering rights are the same for both inheritance by law and inheritance by will. The documents that need to be submitted to confirm the property rights of the testator do not depend on the type of inheritance. When inheriting both by law and by will, the place of opening of the inheritance is also the last place of residence of the deceased.

Inheritance by will is carried out if there is an order from the owner regarding the fate of the property on the day of death. The opening of an inheritance, both by will and by law, arises from the date of death of the testator. When accepting an application, the notary first checks the existence of the fact of inheritance under a will. The deadline for accepting an inheritance both by law and by will is the same.

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Time

The time of opening of the inheritance is...

• day of death (according to medical certificate);
• the day the court decision entered into legal force or the day of the expected death indicated in the court decision (if the citizen is declared dead by a court decision).

What is the time, the moment of opening the inheritance

The time for opening an inheritance is determined depending on the basis for the opening:

• in the case of biological death, the day of death indicated in the medical death certificate is recognized;
• if the fact of death is established - the day specified in the court decision;
• in the case of declaring a citizen dead - the day the court decision enters into legal force.

If the participants in the process appeal the decision of the court of 1st instance in an appeal, then the procedural document gains force based on the results of the hearing of the case in the appellate court.

If a citizen declared dead went missing under circumstances that threatened his life, the court may establish the expected date of his death. Each case is considered by the court individually. The basis of the court decision is categorical evidence of the facts stated in the claim.

Example. The testator has gone missing. On the eve of his disappearance, strangers threatened him with physical harm. Contacting law enforcement agencies was unsuccessful. Six months later, the man's body was still not found. Relatives of the missing person went to court. The man was declared dead. The court decision came into force on March 15, 2017. Based on the judicial act, the relatives received a death certificate.

Is there a deadline for accepting an inheritance?

According to the law, a period is a certain period of time during which certain actions must be performed. In the inheritance procedure, the term disciplines the participants in the relationship, provides guarantees of the inviolability of property rights, and its importance is important. Article 1154 of the Civil Code of the Russian Federation indicates that an inheritance is accepted within 6 months from the date of opening of the inheritance, which is counted from the date of death of the person. The notary accepts the application expressing the will of the heir during this period. Acceptance of the inheritance in fact occurs within the same period, and from the day the inheritance is opened, the heir must perform actions that indicate the acceptance of property from the deceased.

It is believed that such a period is sufficient for the heirs of the deceased citizen to decide whether to receive the inheritance or refuse it. An application submitted after the deadline has expired is not recognized and does not confirm the fact of acceptance of the inheritance. To protect rights in such a situation, the heir must file a claim in court. If during the proceedings it is recognized that the deadline was missed for a good reason and there are documents confirming this circumstance, the state body will restore the deadline by decision.

Place

To enter into his inheritance rights and obligations, the heir should contact a notary at the place where the inheritance was opened . This means that heirs can apply not to any notary office in the country, but to a specific one.

As a general rule, the place of opening of the inheritance is:

• last place of residence of the deceased;
• the location of the deceased's property (or the location of most of the property if it is located in different places).

How to determine the place of opening of the inheritance

According to the Civil Code of the Russian Federation, the place where the inheritance is opened coincides with the residential address of the deceased citizen or, in his absence, the location of the largest share of the property. In other words, the place where the inheritance is opened is the fact of the testator’s residence at a certain address or the fact of the location of the property. Documents confirming the residence of the deceased and the place of opening of the inheritance are submitted simultaneously with the time of filing the application for acceptance of the inheritance.

If the place of opening of the inheritance cannot be identified, citizens have the right to go to court by writing an application to establish the place of opening of the inheritance.

The meaning and concept of place, opening of inheritance is recognized in that the heirs can apply for the acceptance and issuance of a certificate from one notary whose notary office is located in the same district.

When resolving disagreements about establishing the place of opening of the inheritance, the court will be interested in the location of the testator’s property and what documents confirm this. The fact that all heirs apply to one office where the notary is located contributes to the optimal protection of the rights of all heirs.

What is considered the place of opening of inheritance?

Options for where to open an inheritance

The place of opening of the inheritance is usually determined by the residential address of the deceased subject (Article 1115 of the Civil Code of the Russian Federation). The remaining options are used quite rarely.

The procedure for confirming the place of opening of inheritance through the court

Notaries refuse to issue a certificate of inheritance if:

• the testator was not registered or was registered temporarily;
• the house register with information about the registration of the testator was lost;
• there is no real estate as an object of inheritance.

This problem is resolved in court, where a corresponding application is filed.

In addition to the application, the following documents are sent to the court:

• a copy of the death certificate;
• copies of property ownership documents;
• extracts from the Unified State Register for objects of inheritance;
• documents indicating that the potential testator was refused by the notary to accept an application or to perform notarial acts (decree, correspondence).

You must also include a receipt for payment of the court fee. This application is considered in special proceedings, according to a simplified procedure. The state fee is insignificant, the consideration time, compared to claims, is reduced.

During the court hearing, potential heirs or interested parties must prove the fact of residence of the deceased at a specific address.

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Based on the court decision, the heir turns to a notary, who will begin the process of preparing inheritance documents according to the general procedure.

Place of opening of the inheritance case

The procedure for opening an inheritance estate always involves contacting a notary, including to identify all heirs. Each of the applicants has the right to refuse or consent to the transfer of the property of the deceased into his possession.

Nuances of determining the address

Civil Code of the Russian Federation and Art. 1115 regulates the issues of determining the place of opening of inheritance, features of the procedure and basic rules. This is recognized as the last address of residence of the former owner, his primary address of residence. The process is characterized by the following features:

• data can be confirmed by various documents;
• the age of the testator is taken into account;
• information can be obtained through the court;
• Not all places of residence of the testator are suitable for opening an inheritance;
• the criterion for determination may be the value of the inherited object.

Throughout his life, a citizen can live at different addresses. When determining the place to open a probate case, it is recommended to follow the following instructions:

• if the testator lived in different regions during his lifetime, then the place of opening of the inheritance will be determined on the basis of determining the location of the main part of the property or the most valuable of the objects;
• if a person was abroad and had citizenship of another state, then the decision will be made taking into account the legislative norms of the country;
• if a citizen lived outside the Russian Federation under the conditions of temporary registration, then to determine the place of opening of the inheritance, it is carried out on the basis of data on the last registration in the territory of the subject of the Russian Federation.

Sometimes, in an inheritance case, we are talking about citizens who have not reached the age of majority. In this case, the place of opening is determined on the basis of registration information about his parents or other legal representatives.

Special rules for exceptional cases

If it is difficult to determine the residential address of the deceased, then the value of the property may be taken into account. In this case, the rule is used to determine the most valuable of the entire inherited mass.

This is important to know: What is the time for opening an inheritance?

The value of property is determined based on market value. If this is a house, then the case is opened at the address where it is located. If a vehicle becomes the most expensive, then its registration data will be decisive. Price information can be obtained based on:

• professional appraiser's report;
• certificates received from government agencies.

The rule on determining a place on the basis of data on valuable property applies in exceptional cases when information about the last address of residence of the deceased is not known. Sometimes going to court is associated with situations where the registration of property rights has not been completed.

Going to court involves consideration of the case in the manner prescribed for special proceedings. The advantage of this mechanism is the small amount of state duty and the minimum period for reviewing documents.

Useful tips and tricks

There are certain rules that should be followed when determining the correct place to open the inheritance. If the last place of residence of the deceased cannot be determined, then it is recommended to rely on property registration data. You can obtain such information by following these recommendations:

• real estate - generating a request to the State Registration Service Department or Rosreestr;
• vehicles - appeal to the place of registration of the last property transaction;
• other objects - based on the data of their actual location and actual location.

Expert opinion

Golubev Denis Petrovich

Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

Issues of determining the place of discovery of the hereditary mass are regulated by the norms of the Civil Code and instructions. The latest rules were approved by a decision of the Board of the Federal Chamber of Notaries and they serve as direct guidance for legal specialists in their work.

Recommendations for filing an application with the court

Appeal to the court takes place in accordance with the rules in force regarding claim proceedings. The plaintiff has the right to expect the case to be considered in situations where there are difficulties in the procedure for accepting an inheritance or determining the place of discovery.

In court, consideration of the circumstances of the case takes place with the participation of applicants and interested parties. If during the proceedings it becomes clear that a similar dispute exists in a subordinate instance, then on the day of its consideration a decision on suspension is made.

In case of disputes or claims regarding inheritance rights, an application to the court may be filed, subject to the limitation periods. The document is submitted at the applicant’s place of residence. It should contain the following information:

• details of the court and the plaintiff;
• purpose of application;
• indication of the evidence base;
• signature and date.

If we are talking about the loss of documents, then the solution will be to restore them. Such an obligation lies with the applicant, and the received papers will serve as the basis for the notary in terms of the possibility of initiating the procedure for transferring the inheritance.

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Questions regarding interaction with a notary

If you have any difficulties identifying a notary and his location, it is recommended to contact the Notary Chamber. Such an authority controls the work of all specialists who carry out work within the borders of a populated area.

A notary in an inheritance case performs the following functions:

• accepts a statement of refusal or acceptance of rights;
• records claims regarding credit obligations;
• deals with issues of protection of the hereditary mass;
• controls the progress of the property inheritance case.

At the same time, the notary provides the necessary advice to citizens, including assistance in correctly filling out documents.

How does the inheritance open?

Based on one of the supporting documents, a death certificate is issued. The date indicated in the document is considered the date of opening of the inheritance.

To obtain the necessary document, the heirs need to provide the following papers to the registry office:

• application (form No. 21);
• a copy of the applicant's passport;
• ID card of the deceased (if available);
• document - basis (medical death certificate, court decision).

The first time a death certificate is issued free of charge. A state fee is charged for issuing a duplicate document. Its size is 350 rubles .

If the original is lost, the certificate must be restored.

Opening of inheritance in case of lack of registration

Where to turn if potential heirs are not aware of the place of residence of the deceased and there is no registration? Or has the person lived abroad for a long time, and the property is located in Russia? In this case, the inheritance is opened at the location of the real estate or the most valuable property that belonged to the testator. The potential heir needs to request information from government agencies or have the property assessed by professional appraisers.

For example, the testator owned an apartment valued at 2 million rubles and a house valued at 3 million rubles. The properties are located in different regions. In this case, the inheritance will be opened at the location of the house.

A similar rule applies to movable property in the event that there are no real estate objects in the inheritance estate. If the place of permanent residence of the testator is not known, and the inheritance mass contains shares or equity shares of a business entity, the inheritance is opened at the place of registration of such an enterprise.

All these rules apply to a situation where the heir is not aware of the permanent place of residence of the deceased. If the testator was not officially registered, but permanently resided at a specific address, potential heirs need to obtain an appropriate court decision.

What is the place of opening of inheritance

The place of opening of the inheritance is the last place of residence of the deceased testator.

If the last place of residence of the testator is unknown, the place of opening of the inheritance is the location of his inherited property. If the inheritance is located in different localities, the place of opening of the inheritance is the location of the real estate included in the inheritance or its most valuable part, and in the absence of real estate - the location of the movable property or its most valuable part. The value of property is determined based on its market value.

The place of residence of the testator can be confirmed by documents on registration at the place of stay and place of residence. The place of last permanent residence can be confirmed by documents, in particular a certificate of registration at the place of residence. In addition, the place of opening of the inheritance may be established by a court decision, as well as:

• certificate from the housing maintenance organization;
• certificate from the local government body;
• a certificate from the place of work of the deceased about his place of residence;
• a certificate from the address bureau about registration (registration of a citizen at his place of residence);
• a certificate from a housing or housing construction cooperative;
• an extract from the house register;
• a certificate from the military registration and enlistment office stating where the citizen was registered;
• a certificate indicating at what address the pension was delivered to the testator.

The place of opening of the inheritance is the permanent place of residence of the testator, even if the testator lived for a significant time outside this place.

The place of residence of a citizen may be a residential building, apartment, room, residential premises of a specialized housing stock (service residential premises, residential premises in a dormitory, residential premises of a mobile fund, residential premises in a building of a social service system, etc.) or other residential premises, in in which the citizen permanently or primarily resides as the owner, under a rental (sublease) agreement, a rental agreement for specialized residential premises, or on other grounds provided for by the legislation of the Russian Federation, and in which he is registered at the place of residence.

Nuances of the procedure for opening an inheritance

It happens that the heirs do not have time to meet the regulatory deadlines for accepting the inheritance and turn to the notary too late, when he has already issued a certificate of inheritance to persons who have carried out all the necessary procedures for registering the inheritance on time.

Such a slow heir has two ways to receive an inheritance:

• try to obtain the written consent of other heirs to include him among the recipients of the inherited property (naturally, by reducing the shares of those who have already received the inheritance), on the basis of which the notary will be able to issue a new certificate, canceling the previously issued one;
• If consent is not obtained, it is possible to go to court. If during the proceedings the heir is able to prove that he was unable to accept the inheritance for objective reasons that can be considered valid, then the court may decide to include him among the heirs and redistribute the property included in the estate.

If there was only one heir, then he could actually accept the inheritance. If you do not contact a notary within the prescribed period, you will then have to go to court to confirm the legality of the actual acceptance of the inheritance by providing evidence of such acceptance.

How to determine an authorized notary at the place of opening of the inheritance

The most practical question is how to identify a notary to initiate the procedure for opening an inheritance case? If the place of opening is known and there are no difficulties in providing a certificate of residence, you can contact the notary office (including by telephone). Here they will also tell you the notary's address and full name. and operating mode. You can also go to the nearest notary office, where, based on the data about the place where the inheritance was opened, they will explain which notary is authorized to open the inheritance case.

How to determine the place of opening of the inheritance

According to Article 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is the last place of residence of the testator. However, it is important to understand the following - this means exactly the place of residence in which the testator was registered and lived the majority of the time.

At the same time, it should be understood that the place of temporary registration cannot be the place of opening of inheritance - for students, people in prison, military personnel, and so on. For them, the place of discovery will be the location in which they lived before the above circumstances occurred.

It should be noted that if the heir is a minor or incapacitated person, then the place of opening of the inheritance is recognized as the one where his legal representatives are registered and reside.