Types of inheritance disputes
- Inheritance disputes under the law . If the deceased did not leave a will, inheritance disputes are resolved in accordance with current legislation (Articles 1141-1145 of the Civil Code of the Russian Federation). This article sets a priority for each category of applicants. So, first the court considers the inheritance cases of the first-line applicants. These include close relatives (children, parents, spouse). If the deceased citizen does not have living relatives of the first stage, the court considers the inheritance cases of the applicants of the second stage (brothers and sisters, grandparents, nephews and nieces). And so on - there are only seven queues (at the end of the list are the stepmother, stepfather, as well as stepsons and stepdaughters). Disputes in inheritance cases within each queue are resolved by providing equal shares to each applicant.
- According to the will. By making a will, a citizen often protects his relatives from inheritance disputes. However, only if it was drawn up legally and does not infringe on anyone’s legitimate interests. Otherwise, in the process of consideration in probate court, the will may be declared invalid. For example, if the deceased citizen did not take into account in the document the legal right of the spouse to half of the jointly acquired property.
- Inheritance disputes in cases involving the presence of several wills. In this situation, applicants try to invalidate in court a will drawn up later, since in this case the earlier document will come into force.
- A dispute in inheritance cases concerning the determination of the unworthiness of a particular applicant . In this case, evidence of illegal actions of one of the interested parties is presented to the court.
- Category of cases involving inheritance disputes between applicants and the state. The state may also be an interested party in obtaining a share of ownership. In this case, the parties are exempt from paying state fees, and the state financial authority is declared a party to the case.
- Proving the relationship of the applicant and the deceased citizen is also a subtype of inheritance dispute.
Jurisdiction of inheritance disputes and state duty
Disputes regarding inheritance are subject to the jurisdiction of courts of general jurisdiction. Statements of claim arising from inheritance legal relations are sent to the district court at the defendant’s place of residence. If a dispute arose about the right to several real estate objects located in the jurisdiction of several district courts, then the application is submitted to the court at the location of one of the objects at the place where the inheritance was opened. If there are no real estate objects of the testator at the place of opening of the inheritance, then the claim may be brought at the location of any object.
An inheritance dispute to establish legally significant facts is subject to consideration in the court at the place of residence of the applicant.
The amount of the state fee when filing an application in court for this category of cases depends on the procedure for considering the dispute. For production in a special manner, you will need to pay a state duty in the amount of 300 rubles. To file a claim regarding property subject to assessment, you must pay a state fee depending on the value of the claim. The state duty will be 5,200 rubles. + 1% of the amount exceeding RUB 200,000. In order not to make a mistake in the amount of the state fee, the best option would be to find out the amount of the fee directly from the court itself before filing a claim.
Legal services for heirs
Inheritance law contains many nuances, so cases involving such disputes are of increased complexity. If you would like to receive professional legal support in this matter, Prime Legal lawyers will be happy to help you. We have many years of experience in inheritance disputes, therefore, if there are legal grounds, we will definitely achieve a positive settlement of the inheritance dispute for you.
- Oral and written consultations on property inheritance cases. We will provide comprehensive information about your rights, place in the queue of applicants, the procedure for accepting an inheritance or refusing an inheritance if it is burdened with unsustainable debts.
- Recommendations for the most effective model of behavior in your inheritance dispute.
- Preparation of all necessary documents.
- Collection of evidence.
- Filing a claim in court
- Seizure of inherited property in the presence of a legal dispute.
- Travel to court hearings.
- Obtaining a court decision that has entered into legal force.
The period during which the actual acceptance of the inheritance can be made
According to Art. 1154 of the Civil Code of the Russian Federation, for general cases, a period is established during which the successor must assume rights - six months from the date of opening of the inheritance . That is, within six months, the legal heirs must actually begin to service the portion due to them: make repairs, pay bills, etc.
If the actual actions were completed within the specified period (no later and no earlier), they are evidence of the actual acceptance of the property and may lead to the possibility of acquiring real estate or things into ownership.
If the successor receives the right to use the property after the refusal of another heir, then it is possible to extend the period by 3-6 months (clauses 2-3 of Article 1154 of the Civil Code of the Russian Federation).
There is the concept of “presumption of acceptance of inheritance”. It implies that if the heir lived in the house and used the property, then he accepted his share. The successor or other interested parties can traditionally prove the opposite in court if there are valid circumstances (for example, he used the apartment because he did not know about the death of its owner-testator). The period for refutation is not limited by law (Article 1157 of the Civil Code of the Russian Federation).
Example Plaintiff E. applied to the Moscow City Court to recognize the ownership of funds stored in a bank and an apartment left after the death of her aunt. Closer heirs were not expected. The notary did not accept the application for inheritance rights, since the former owner of the apartment died 8 months before the application. As proof of the actual acceptance of the inheritance, E. provided receipts for payment of the debt for the apartment. The court refused to satisfy the claims of the heiress, since, according to the Unified Center of Rights, the first payment of the debt for utilities was made on the day of the appeal to the judicial authority, that is, after the period for the actual acceptance of the inheritance had passed. The lawyer advised the plaintiff to file a claim to extend the period of acceptance due to valid reasons.
Legal assistance in resolving inheritance disputes
In matters of inheritance, it is advisable to seek help from professional lawyers, especially if your line of work does not require deep knowledge in this area of law. One of the most time-consuming and complex issues in inheritance law is the issue of inheritance of real estate and other property. Having analyzed the judicial practice in the field of inheritance law, we can highlight the most common inheritance disputes:
- Establishment by court of an additional period for entering into inheritance;
- removal of heirs from the right to inherited property;
- establishing the fact of death of a citizen;
- challenging the rights of other heirs by will or by law to inherited property;
- establishing the fact of being dependent on the testator;
- invalidation of the will;
- disputes between heirs and creditors of the testator;
- disputes about the division of inheritance between several heirs claiming such property;
- disputes about the priority right to allocate inherited property in kind.
Send us a request for services directly now and tomorrow, our lawyers will begin to act in your interests.
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The fact of acceptance of the inheritance by the court has been established
» Sample documents September 09, 2020
What is a court decision establishing the fact of acceptance of an inheritance?
Litigation is an inevitable procedure if there is no agreement between the heirs on the issue of distribution of the inheritance. Controversial issues are resolved either peacefully in pre-trial proceedings or in court. A court order is a final decision that results in the distribution of all of the testator's property in accordance with the law.
Why is it necessary?
The heir goes to court due to problems with accepting the inheritance.
The court decision to establish the right to accept an inheritance establishes the fact of the possibility of inheritance, so that the legal successors have the opportunity to register the property as their own and register it in their name.
Without official registration, a citizen can use property, but dispose of it, that is, sell, give, exchange, lease, he will not be able to.
The reasons for going to court are:
- conflicts between heirs regarding the distribution of property
- lateness of one of the applicants to the time of distribution of the inheritance mass
- challenging a will due to disagreement with its contents
- the emergence of new heirs.
- recognition of a citizen's rights to own a share of property
- establishing the fact of acceptance of inheritance
- recognition by the court of the right to own a share in the inheritance.
- title documents for real estate: purchase and sale or privatization agreement, donation, certificate of ownership in the name of the deceased
- certificate of absence of arrears in rent and utilities, if we are talking about real estate
- real estate appraisal certificate
- technical and cadastral passports for real estate, if the inheritance mass includes an apartment, house, land or garage.
- the heir, at his own expense, organized the testator's burial
- the plaintiff lived in the same area as the testator
- the applicant for the inheritance maintained, repaired or protected the property of the testator
- the successor has paid the debts of the testator.
- introduction - includes the full name of the court that made the decision on the distribution of the inheritance, place, date of the hearing, composition of the court
- description of the reasons for filing the claim and the plaintiff’s demands
- motivation section – circumstances of the case, evidence of the legitimacy of your claims, list of documents submitted
- decision - a conclusion that the claim has been satisfied if the applicant’s demands are considered fully justified or a refusal to satisfy the application if the court considers the evidence base to be insufficient.
A court decision is an official document that confirms the acceptance of the inheritance by the successor.
Approved by
The court proceedings on the issue of establishing the right to accept an inheritance are based on the statement of claim of one of the applicants. Depending on the nature of the claims, a claim is drawn up. It contains the essence of the claims being made and the heir’s requirements for resolving his issue. The application must be accompanied by documents confirming the plaintiff’s claims.
The court order includes the following points:
The resolution is signed by the judge who investigated the circumstances of the case.
The court ruling establishing the fact of acceptance of the inheritance comes into force from the moment the document is signed by the judge.
How to inherit legally? The answer is presented in the article “How to arrange an inheritance if there is no will.”
You can find out whether debts are inherited here.
Receiving process
Inheritance cases are considered in the standard manner in the district court at the place of residence or registration of the defendant.
If the court makes a positive decision to establish the fact of inheritance, then this automatically becomes the official basis for the possibility of registering property rights.
When applying to Rosreestr to re-register property in the name of the legal successor, you must attach a court decision to the package of documents. The document with the court decision is provided to the plaintiff at the end of the trial.
What papers do you need to provide?
The applicant for an inheritance files a claim in court in order to resolve the disputed situation and obtain the right to accept the inheritance. A package of documents is attached to the application. The list may vary, depending on the type of property received:
If the list of documents is not provided in full, the court will reject the claim.
Where is it issued?
The period for consideration of a potential successor's claim depends on the type of property, the nature of the applicant's claims and the quality of documentary evidence provided in connection with his claim. The court has 30 days to make a decision. The case can be completed earlier with a positive decision or refusal; all issues are resolved on an individual basis.
After the expiration of the established period, the plaintiff can withdraw the decision to establish the fact of inheritance in his favor from the office of the district court.
The court may refuse to establish the right to a share in the inheritance. In this case, the citizen has the opportunity to appeal the decision to a higher court.
Reasons
There are no standard grounds for obtaining the right to inheritance. since in each specific case an analysis of the situation is necessary. The right of ownership is based on 3 types of legal actions: ownership of property, right of use, disposal.
Options for the appearance of bases:
If the plaintiff has taken at least one of the actions, this will become the basis for recognizing the right to accept the inheritance by the applicant.
The structure of a court decision to establish the fact of acceptance of an inheritance
A court ruling on accepting the right of inheritance has a standard form:
The court decision is issued personally to the applicant, and is also posted on the website of the judicial authority, but without indicating the personal data of the participants in the process.
A court decision to accept an inheritance is an official document that has legal force when registering property after the distribution of shares in the inheritance.
It describes in detail the reasons for initiating an inheritance case and the rationale for refusing or satisfying it.
If the deadline for accepting an inheritance is missed
The legislation of the Russian Federation takes into account situations when the applicant misses the deadline for accepting an inheritance. If the heir does not declare himself for good reasons, then the court has the right to restore the missed deadline.
There are 2 ways to restore rights:
- Judicial. The applicant applies to the court with a claim for recognition of inheritance rights. The application must describe in detail the reasons for the absence and attach documents confirming these facts. The court verifies the authenticity of the documents provided and restores the missed deadline, thereby recognizing the legitimacy of the applicant’s demand to be considered a full heir.
- Extrajudicial - inclusion of a newly emerged applicant among the full heirs through peaceful agreement between relatives. If other heirs have no objections to sharing the inheritance with him, then the agreement is drawn up in writing on behalf of all. Alternatively, the notary offers to formalize this consent on behalf of each individual. Notarized consent has legal force; on its basis, a certificate of the right to inherit property is issued.
The out-of-court restoration procedure is not limited in terms of application, while an application to the court must be written as soon as a citizen learns that he missed the deadline for accepting the inheritance.
Process order
The main subject of the court's investigation is the documents provided by the plaintiff to confirm the fact of possessing the right to inheritance. Each argument stated by the applicant in the claim must be supported in the form of a specific document.
During the proceedings, the judge may send a request to the notary's office in which the inheritance case was conducted, with a request to provide information about all citizens laying claim to the property of the deceased.
If the court considers that the documents are presented in full and their content complies with the requirements of the law, then a decision can be made immediately.
The peculiarity of the consideration of the case is that only one party is involved in the process, so the judge, plaintiff, and notary are present at the meeting.
Refusal
The court has the power to refuse the applicant to recognize his right to accept the inheritance. Reasons for refusal:
The applicant has the opportunity to provide the missing documents, correct shortcomings in the existing certificates, and then the consideration of the claim will be resumed.
If the refusal occurred due to the illegality of the claims of the applicant for the inheritance, then it is impossible to reverse the decision.
Is it possible to appeal
When making a decision on refusal, the judge explains to the plaintiff whether there are grounds for appeal, whether a positive decision is possible, and what the applicant’s further actions should be. If the court makes a decision with refusal, the reasons will be explained to the plaintiff.
You can appeal the decision by filing an appeal to a higher judicial authority.
Peculiarities
When making a decision, the court pays special attention to ensuring that the decision is specific, without conditions or reservations. In order for the decision to meet the plaintiff’s requirements, he must take care of this himself and provide documents that will not raise questions for the court.
The applicant for the inheritance must list all the actions that he took in order to accept the inheritance legally.
Before demanding recognition of the right to inheritance, the applicant is recommended to find out whether the testator has any debt obligations or outstanding loans. According to the Civil Code, the heir, upon accepting property, is obliged to pay the debts of the testator. If there are several heirs, then debt obligations are distributed equally among them. If the amount of debts exceeds the appraised value of the property, then a waiver of the right of inheritance is more acceptable.
How to file an application for acceptance of property by inheritance? The answer is presented in the article “How to draw up a statement of claim for acceptance of inheritance by law.”
You can find out how to draw up an agreement on the division of property here.
Recommendations
To make a decision in favor of the applicant to establish the right to accept the inheritance, he must prove that he took actions that indicated the actual acceptance of the inheritance with the provision of supporting documents.
The list of circumstances that must be proven in court is presented in Art. 1153 of the Civil Code, as well as in the Recommendations for registration of inheritance rights of the Board of the FNP 2006 Resolution of the Plenum of the Supreme Court No. 9.
What laws are responsible
The regulatory framework for resolving issues of recognition of the right of inheritance is contained in the articles of the Civil Code:
The decision to accept an inheritance is made within the framework of current legislation. Compliance with legal norms is mandatory for everyone; alternative interpretations of the law are not permitted. The applicant for an inheritance is recommended to study federal legislation before filing a claim in court, and it is also appropriate to familiarize yourself with judicial practice.
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Judicial practice on actual inheritance
There are several ways to accept an inheritance. The actual entry into inheritance is considered as legal as the formal method. But for this, the heirs need to take some actions indicating their intention to accept the inheritance of the deceased owner.
After the expiration of the inheritance period, they visit the notary and provide him with evidence of the actual acceptance of the inheritance. After this, they will be able to receive a certificate of inheritance. In case of refusal, you must go to court.
What actions of the heir indicate actual acceptance of the inheritance?
In accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation, actions that indicate the actual acceptance of the inheritance are:
This means paying for utilities, insurance premiums, providing food for the deceased’s pets, repairing premises, cars, etc.
In confirmation of these actions, the heir must have the appropriate receipts.
Official papers that can be recognized by the court as evidence of the actual acceptance of the inheritance:
Important! The documents must contain exact dates, since when actually accepting an inheritance, it is also important to comply with the established deadlines for inheritance.
When, when visiting a notary, the heir cannot provide him with written evidence of actions to accept the inheritance, the specialist recommends that he go to court, especially if all the deadlines for the formal acceptance of the inheritance have been missed (Chapter 28 of the Civil Procedure Code of the Russian Federation).
How is the apartment divided between several heirs?
Can heirs be held liable for the affairs of the deceased? Read here.
How to prove the actual acceptance of an inheritance in court
The deadline for accepting the inheritance of a deceased owner is established by law. At the end of this period, the heir receives a certificate indicating the right to this inheritance. You can enter into an inheritance in two ways: by visiting a notary and submitting to him a statement of intention to accept the property of the deceased, or by entering into an inheritance after the fact.
In the second case, the heir will also need to obtain the appropriate certificate. Therefore, documentary evidence of your actions in relation to inherited property must be collected in advance.
It is worth noting that obtaining a certificate is not a mandatory action, but desirable. The fact is that if the heir wants to register the property in his name, he will not be able to do this without this document.
The heir's desire to accept the inherited property must be proven by his performance of certain actions. In addition to actions, everything must be confirmed with documents. It will be more reliable this way.
You need to have an extract from the house register, certificates from the housing office or management company, receipts for relevant payments for utility services that were provided to the inherited property, checks for payment of taxes, loan contributions, contracts concluded with repair organizations carrying out repairs on the premises of the inherited property and car repair agreement.
The papers listed above are collected and submitted to the notary along with an application for a certificate of inheritance. When the notary does not see the actual acceptance of the inheritance in the actions of the heirs, and they are refused to issue a certificate, you can go to court. The court must be located at the place where the inheritance of the deceased owner of the property was opened.
In the application, the heir asks the court to establish the fact of his acceptance of the deceased’s inheritance. If the documents for evidence are not sufficient for the court, it has the right to request additional documentation from the applicant himself or send requests to the relevant authorities and organizations.
The application that the heir submits to the court must contain information about the actions taken in relation to the inherited property. It is also necessary to indicate the purpose of obtaining the certificate and the reasons why the heir cannot present certain documents to the court.
Documents required to be submitted to the court without fail: a document on the death of the testator (copy), a birth certificate, a list of inherited property, an extract about the place and time of opening of the inheritance, a certificate issued by a notary office on the refusal to issue a certificate of right to inheritance.
If the court has decided to issue a certificate to the heir, then after this resolution comes into force, the notary is obliged to issue this document to the heir of the deceased citizen’s property.
Judicial practice in cases of actual acceptance of inheritance
Initially, there is no need to go to court to obtain a certificate. This is a last resort when the inheritance deadlines are missed or when a notary refuses to issue a document based on the actual acceptance of the inheritance.
The actions that we talked about earlier cannot be recognized as evidence if they:
Any actions that heirs perform in relation to inherited property must be legal and justified. We are talking about those cases when citizens take the actions mentioned above, knowing about the presence of legal heirs.
At the same time, having the opportunity to inform them about the current situation with the inheritance, they do not even try to do this. Also, citizens, often realizing that they do not have any rights of inheritance, still take certain actions. In this case, their actions are illegal and can be regarded as fraudulent.
In the case when a house or apartment is inherited, the heir will need to prove his cohabitation with the testator before his death and the fact of further residence in the inherited living space. Other heirs who also claim this property can challenge this fact in court.
The claim in court will be considered within 5 days. After this period, he makes his decision. If the heirs receive a refusal, they have the opportunity to submit an application again, but subject to correction of all the shortcomings that were pointed out by the court.
The important point is to carry out the appropriate actions within the time period established by law. Of course, it is possible to restore missed deadlines, but there must be sufficiently compelling reasons for this.
Attention! If the testator had one heir and the latter took action to actually accept the inheritance in relation to one of the objects, he automatically accepts the entire inheritance mass.
Let's look at an example. The heir used the property of the deceased testator (car) before his death and after. But he did not contact the notary to obtain the certificate within the prescribed period.
Due to missed deadlines, the heir had to go to court. Having considered all the documents, evidence and reasons for missing deadlines, the court decided to issue a certificate of inheritance. In this case, the heir becomes the owner not only of the car, but also of all other property. There cannot be partial acceptance of an inheritance.
There are cases when the heir, after the death of the testator, took action in relation to one, rather small object of inherited property. And as a result, he becomes the owner of significant property, consisting of large real estate properties, enterprises, etc.
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Establishing the fact of acceptance of inheritance
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Actual acceptance of inheritance. one of the first-line heirs died. his heirs filed a counterclaim, I want to write a demand: Please: establish the fact that Ivanov I.I. did not take any action to accept the inheritance c.
April 19, 2020, 16:17 Inna, Moscow
In the certificate of ownership there is an error in one letter in the last name of the testator and in the cadastral passport. It is enough to establish through the court the fact that the land plot belongs to the testator or it is necessary to establish inheritance rights through the court.
April 12, 2020, 18:23 Anna, Novosibirsk
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Hello. I filed a lawsuit to establish the fact of acceptance of the inheritance. Article 262 of the Code of Civil Procedure of the Russian Federation states that cases of establishing legal facts are considered in a special proceeding. But at the same time, according to Art. 263 of the Code of Civil Procedure, these cases are being considered.
November 24, 2020, 10:14 Yana, Simferopol
The deadline for entering into an inheritance after the death of the father was missed, a three-room apartment was jointly registered with the mother, the mother lives in this apartment, she went to a lawyer and said that there is no need to register it since it is joint. Where do you turn after 15 years?
November 22, 2020, 13:23 Sergey Kobyakov, Vyazma
A will was written for the father, for half of the apartment, the other half belongs to the father, he did not have time to enter into the will in time, what should he do?
October 10, 2020, 15:19 Elena, Simferopol
Hello, a difficult situation has arisen. My mother’s grandmother died, leaving behind an apartment in Saransk; we ourselves live in Ulyanovsk. There is my mother’s brother in Saransk, who promised to give all the documents to formalize the inheritance. He seems to be theirs.
September 18, 2020, 13:16 Alexander, Ulyanovsk
The notary refused to issue a certificate of inheritance due to the fact that the certificate of ownership was issued after the death of my father. The father submitted documents to register property rights with the Russian Register and died without taking the certificate.
September 15, 2020, 21:57 Artem Olegovich, Moscow
After 15 years, the court established the fact of acceptance of the inheritance for the land plot, but the notary found out that the sister entered into the inheritance 4 years ago (she sold the share by proxy, so she thought that she did not enter into the inheritance).
June 23, 2020, 10:33 Irina, Samara
Good afternoon My friend’s aunt died while he was in prison. The aunt had no one but him and she wanted to write a deed of gift for him, but did not have time. After leaving prison, he himself was sick and half a year later he decided to call his aunt, but found out about it.
June 10, 2020, 09:56 Veronica, Moscow
The deadline for accepting an inheritance under a will has been missed. I am going to apply to the court to establish the fact of acceptance of the inheritance. What should the notary conducting the inheritance case do, in the sense of what documents should I receive from him, etc.
06 June 2020, 04:05 Alexandra, Moscow
In 2000, my husband’s mother died, and her disabled partner remained in her apartment. he left him to live there, but recently the husband and his sister were found by bailiffs and invited to court so that other people could register the apartment for themselves on time.
May 21, 2020, 19:40 Natal, Moscow
Good afternoon, I live in the city of Togliatti, in the city of Yuryevets, Ivanovo region, from close relatives (grandfather, grandmother, mother) I inherited a residential building with a plot of land and a cash deposit in Sberbank (there is a will for the deposit in my name).
April 15, 2020, 12:29 Irina Mikhailovna Lipatova, Tolyatti
There is a plot of land in the SNT, they did not enter into inheritance, but they lived, looked after, paid contributions, now it needs to be registered as an inheritance, since the deceased owner (grandmother) was registered and lived together, and the apartment was accepted as an inheritance, you just need to register it with.
February 29, 2020, 15:01 Julia, Moscow 62 replies
Hello. Is it possible to open an inheritance without having either temporary or permanent registration at the place of residence?
February 24, 2020, 17:38 Anton, Moscow 11 replies
My grandfather died. He still has a registered gun. My maternal grandfather, she doesn’t have a gun license, her father does. The 6-month period has passed, the mother did not take over the inheritance on time. Mother has a brother. How to compose correctly.
January 22, 2020, 20:22 Anton, Moscow
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Home » Inheritance » Establishing the fact of acceptance of inheritance
Establishing the fact of acceptance of inheritance
There are often situations when the heir does not write an application for inheritance. He simply continues to live and use the property that remains after the death of the testator. And in the case when this property is purely household property that does not require re-registration, this situation may persist throughout the life of the heir. But often the inheritance includes real estate, transport or cash deposits. In order to legally own and dispose of them, the heir must register them in his name. How to do this if the application for inheritance has not been written?
In the case when no one except the heir claims to the property, it is possible to establish the fact of acceptance of the inheritance.
What is establishing the fact of acceptance of inheritance
This is an independent method of accepting an inheritance, established by the civil legislation of the Russian Federation.
In order for the heir to be recognized as accepting the inheritance, he must perform one or more of the following actions:
These are the types of actions that are directly prescribed by law (Article 1153 of the Civil Code of the Russian Federation). But this list is open. That is, those actions that are not directly specified in the law, but according to their objective characteristics correspond to those described above, can also be recognized as evidence of acceptance of the inheritance.
The heir can take actions to accept the inheritance himself, or instruct other persons to do this for him. The main thing is to make it clear that the actions are performed for the purpose of accepting an inheritance.
When is an inheritance accepted?
The actual acceptance of the inheritance is carried out within six months. That is, the heir must carry out the above actions no later than six months from the date of opening of the inheritance. If this deadline is missed, then it will have to be restored in court, as we have already discussed in another article.
If the heir actually accepted the inheritance within six months, then he can apply for a certificate of the right to inheritance at any time, the law does not limit him in this.
What is ownership and management of inherited property?
Possession is the physical possession and use of things. For example, an heir who moved into the house left behind by the testator and lives in it owns this house.
Another example: the heir changed the lock on the inherited garage and stores his car in it. Or he uses the testator’s things, wears his clothes, uses tools, reads books. Ownership of at least part of the testator's belongings allows the heir to be recognized as having accepted his inheritance in full, no matter where it is located and no matter what it is expressed in. The use of the testator's personal belongings allows the heir to be recognized as having accepted the inheritance as a whole.
For example, an heir living together with the testator in a non-privatized apartment is assumed to have actually accepted the inheritance. Since the apartment also contains household and household items that belong to both the testator and are common property.
Management of inherited property is actions aimed at its use.
There are many options for property management. This includes preservation when property is transferred from one place to another. And strengthening of security measures when additional locks are installed, or the property is placed under guard. Management also involves extracting the useful properties of property: for example, renting out or harvesting. As well as making payments aimed at maintaining the property: for example, taxes or utility costs.
What documents indicate the actual acceptance of the inheritance?
The main requirement. all listed documents must confirm that the actions reflected in them were committed by the heir within six months from the date of opening of the inheritance.
Naturally, each certificate or document must be properly executed and certified. Indicating the details of the issuing organization, the signature of the official, seal, etc. according to business rules.
Who can apply for recognition as having actually accepted an inheritance?
First of all, the heir himself. In judicial practice, there are cases when a bank applied for recognition of a person as having actually accepted an inheritance. This was done in a situation where the heir did not submit an official application for inheritance, because he knew about the large loan that his testator took out. If the heir had assumed inheritance rights, he would have to pay the loan himself. The bank justified its claims by the fact that the heir actually accepted the inheritance, since he lived together with the testator and continues to live in his house. The logic of the lending institution’s actions is clear - find someone who will continue to repay the loan.
Special procedure for considering the fact of accepting an inheritance
Cases of this category are considered by the court in a special manner provided for establishing legal facts. When establishing the fact of acceptance of an inheritance, it is assumed that in relation to the inherited property there is no dispute about the right between several heirs. If the heir is not the only one, then the other heirs must confirm the absence of their claims to the property. If a dispute arises about the right to inheritance, the case will be considered in a lawsuit, and it is impossible to establish the fact of acceptance of the inheritance.
In order to understand these intricacies, it is better to contact a lawyer.
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Sources: sudguru.ru, uropora.ru, pravoved.ru, profsovet.com
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How to inherit a car if there are several heirs (Read 285)
If the mother is deprived of parental rights, does she have the right to inheritance (Read 170)
The procedure for registering the actual acceptance of an inheritance
When actually accepting your part of the inheritance you do not need to contact a notary ; no statements or other documents are also drawn up. The exception is the right to own real estate. You will have to receive a certificate of inheritance and register a plot, apartment, shares, accounts, car.
According to paragraph 2 of Art. 1152 of the Civil Code of the Russian Federation, one can accept one’s part of the inheritance only in full , as well as refuse it. That is, by registering the house, the heir becomes the owner of everything else. Taking home utensils, he recognizes himself as the owner of the remaining living room.
Registration procedure. You should visit a notary, provide him with an application and evidence of actual acceptance of real estate (photos, receipts, documents). He will issue a certificate of inheritance. If the notary refuses, you will have to go to court.
Required documents. The following papers are submitted to both the notary and the court: a statement from the heir with a clearly expressed demand; death certificate of the testator (original and copy); documents confirming family ties; an extract from the testator’s house register and a registration certificate confirming that he actually lived in the established place; heir's passport.
Based on the certificate of inheritance, the property is re-registered in the name of the new owners .
