In what cases can you claim an inheritance and how to arrange it correctly? We give step-by-step instructions on what you need to do to take over your rights.
Who can count on the inheritance?
It all depends on whether a person has left a will. Moreover, this document must be notarized in order to be legally valid. However, not everyone leaves a will.
There is no will
In this case, the inheritance is distributed according to the law, that is, in turn, according to the degree of kinship.
The first applicants for inheritance are the closest relatives: children, parents, spouse or spouse. They are also called heirs of the first stage.
At the same time, the rights to property can be presented by people who were dependent on a person for at least a year before his death.
The second stage is sisters and brothers, grandparents. There are seven queues in total.
If there are heirs of the first order, then everything is divided between them. If there are no such, then the inheritance is distributed among the participants of the second stage. If there are no applicants of the second stage, the third stage is considered — and so on. Relatives of the same queue receive an inheritance in equal shares. Dependents join any queue.
There is a will
A person has the right to bequeath his property to anyone, even to a cat — like fashion designer Karl Lagerfeld. Friends, colleagues, even organizations can be included in the will. The main thing is to clearly indicate in the document who and what should get.
At the same time, minors or disabled next of kin: children, parents, spouse, dependents — always have the right to inheritance. Even if they were not mentioned in the will. Each of them can claim at least half of the share of the property that he would have received if there had been no will. Only after deducting the share of mandatory heirs, the remaining property is distributed according to the will.
How do I find out about the will?
When a person makes a will, he usually informs the heirs about it. Sometimes they even have a copy of it. But you need to make sure that the testator has not changed his will. Only the last will has legislative force.
It also happens that you know about the will, but you don't have it on your hands. Or you are not sure at all that a loved one left him.
In any case, a notary who conducts an inheritance case will help you. By law, he must, within one working day from the moment of opening the case, check whether there is a will and study its contents. He receives this information from the registry of the unified information system of the notary, where the electronic version of the current will is stored.
If you are mentioned in the will and the notary knows your work or home address, he is obliged to contact you. As a rule, the compiler of the will leaves the notary with the contacts of the heirs. Also, a notary can make an announcement in the media about the opening of an inheritance case, but this happens extremely rarely.
Even if you are not the next of kin of the deceased and are not among the applicants for inheritance by law, you have every right to apply to the notary who conducts the inheritance case. You can find out from him whether there is a will and whether you are included in it.
What do I need to do to inherit?
The main condition is to have time to declare your inheritance rights within six months from the date of the testator's death. This must be done, even if you are the only possible heir, otherwise the property will go to the state.
If there are other applicants and they manage to submit documents within six months, the inheritance will go to them. After that, you will be able to receive your share if all other heirs give written consent to the redistribution of property and the notary certifies these papers.
Another option to restore your right to inheritance is through the court. But the court will decide in your favor only if you missed the required deadline for good reasons — for example, because you did not know and could not find out about the inheritance.
Step 1. Contact a notary
To start the inheritance registration process, you need to open an inheritance file with a notary at the place of the testator's last registration. The address of the notary office, which is assigned to the address of the testator, can be found out in the notary chamber of the city, region, region or district. The contacts of the regional chambers are available on the website of the Federal Notary Chamber.
To open a business, you only need your passport. If you do not have a death certificate of the testator, the notary himself will request it at the registry office. But in practice, notaries often refuse to open an inheritance case without documents confirming kinship with the testator or the right to receive his property, so it is advisable to bring them with you immediately. In any case, the notary must explain what other papers will be required for the registration of the inheritance.
You will need to write two statements at the notary:
If other relatives have already opened an inheritance case, but do not want to tell you which notary conducts it, you can find it yourself through the online registry of inheritance cases.
It is with this notary that you can also leave an application for inheritance. He accepts them within six months after the death of the testator. When the notary collects applications from all applicants for inheritance, he will determine who has the right to the property and in what shares. Based on this, he will draw up certificates of inheritance for each of them. With these certificates, they will be able to receive property.
If the list of heirs is clear and all of them have already submitted applications for inheritance or refused it, the notary can issue them certificates of inheritance earlier than six months later.
After the issuance of certificates, it is possible to challenge the distribution of property only through the court.
Step 2. Evaluate your share of the inheritance and find out if the testator had debts
Before entering into an inheritance, it is worth finding out what debts the testator has left. Loans, loans and many other financial obligations are transferred to the heirs along with money and other property. If the debts are greater than or equal to the amount of the inheritance, it may be easier to give up your share.
The notary who conducts the inheritance case will help to assess the value of the inheritance and the amount of debts. How to find out what debts the deceased had and whether it is necessary to take them on yourself, you can find out from the material "Are debts inherited?".
You have the right to refuse to accept the inheritance and voluntarily drop out of the applicants.
If you did not open the inheritance case, you can simply not apply for inheritance.
If you have already written an application for acceptance of the inheritance, but have not yet received a certificate of the right to it, within six months from the date of the death of a loved one, submit another application to the notary — to renounce the inheritance.
If you intend to inherit, then proceed to the next step.
Step 3. Pay the state fee and get a certificate of inheritance
You can receive a certificate of inheritance six months after the death of the testator.
A notary can issue certificates earlier. But only if all the heirs by law and by will have already written applications for inheritance or refused it.
Before you receive a certificate of the right to property, you need to pay a state fee for the registration of inheritance. Its size depends on the value of your share of the inheritance.
The valuation of the property is carried out by specialized private companies. But for the calculation, you can also use the cadastral value of real estate — it is requested in the registry. If you have any difficulties choosing an appraiser, consult a notary.
Some heirs are exempt from paying state duty:
Please note: the notary has no right to demand from you any additional payment for their services, except for the state fee.
Step 4. Register the property for yourself
As soon as the certificate of inheritance is in your hands, you will be able to access the property due to you.
Ownership of inherited real estate (house, apartment, cottage, land, garage) must be registered in the registry. You will need a passport and a certificate of inheritance.
A car or other vehicle must be registered with the traffic police. To do this, you should contact the department with a passport and a certificate of inheritance.
Who can count on the inheritance?
It all depends on whether a person has left a will. Moreover, this document must be notarized in order to be legally valid. However, not everyone leaves a will.
In this case, the inheritance is distributed according to the law, that is, in turn, according to the degree of kinship.
The first applicants for inheritance are the closest relatives: children, parents, spouse or spouse. They are also called heirs of the first stage.
At the same time, the rights to property can be presented by people who were dependent on a person for at least a year before his death.
The second stage is sisters and brothers, grandparents. There are seven queues in total.
If there are heirs of the first order, then everything is divided between them. If there are no such, then the inheritance is distributed among the participants of the second stage. If there are no applicants of the second stage, the third stage is considered — and so on. Relatives of the same queue receive an inheritance in equal shares. Dependents join any queue.
There is a will
A person has the right to bequeath his property to anyone, even to a cat — like fashion designer Karl Lagerfeld. Friends, colleagues, even organizations can be included in the will. The main thing is to clearly indicate in the document who and what should get.
At the same time, minors or disabled next of kin: children, parents, spouse, dependents — always have the right to inheritance. Even if they were not mentioned in the will. Each of them can claim at least half of the share of the property that he would have received if there had been no will. Only after deducting the share of mandatory heirs, the remaining property is distributed according to the will.
How do I find out about the will?
When a person makes a will, he usually informs the heirs about it. Sometimes they even have a copy of it. But you need to make sure that the testator has not changed his will. Only the last will has legislative force.
It also happens that you know about the will, but you don't have it on your hands. Or you are not sure at all that a loved one left him.
In any case, a notary who conducts an inheritance case will help you. By law, he must, within one working day from the moment of opening the case, check whether there is a will and study its contents. He receives this information from the registry of the unified information system of the notary, where the electronic version of the current will is stored.
If you are mentioned in the will and the notary knows your work or home address, he is obliged to contact you. As a rule, the compiler of the will leaves the notary with the contacts of the heirs. Also, a notary can make an announcement in the media about the opening of an inheritance case, but this happens extremely rarely.
Even if you are not the next of kin of the deceased and are not among the applicants for inheritance by law, you have every right to apply to the notary who conducts the inheritance case. You can find out from him whether there is a will and whether you are included in it.
What do I need to do to inherit?
The main condition is to have time to declare your inheritance rights within six months from the date of the testator's death. This must be done, even if you are the only possible heir, otherwise the property will go to the state.
If there are other applicants and they manage to submit documents within six months, the inheritance will go to them. After that, you will be able to receive your share if all other heirs give written consent to the redistribution of property and the notary certifies these papers.
Another option to restore your right to inheritance is through the court. But the court will decide in your favor only if you missed the required deadline for good reasons — for example, because you did not know and could not find out about the inheritance.
Step 1. Contact a notary
To start the inheritance registration process, you need to open an inheritance file with a notary at the place of the testator's last registration. The address of the notary office, which is assigned to the address of the testator, can be found out in the notary chamber of the city, region, region or district. The contacts of the regional chambers are available on the website of the Federal Notary Chamber.
To open a business, you only need your passport. If you do not have a death certificate of the testator, the notary himself will request it at the registry office. But in practice, notaries often refuse to open an inheritance case without documents confirming kinship with the testator or the right to receive his property, so it is advisable to bring them with you immediately. In any case, the notary must explain what other papers will be required for the registration of the inheritance.
You will need to write two statements at the notary:
- about the opening of an inheritance case;
- about your acceptance of the inheritance.
If other relatives have already opened an inheritance case, but do not want to tell you which notary conducts it, you can find it yourself through the online registry of inheritance cases.
It is with this notary that you can also leave an application for inheritance. He accepts them within six months after the death of the testator. When the notary collects applications from all applicants for inheritance, he will determine who has the right to the property and in what shares. Based on this, he will draw up certificates of inheritance for each of them. With these certificates, they will be able to receive property.
If the list of heirs is clear and all of them have already submitted applications for inheritance or refused it, the notary can issue them certificates of inheritance earlier than six months later.
After the issuance of certificates, it is possible to challenge the distribution of property only through the court.
Step 2. Evaluate your share of the inheritance and find out if the testator had debts
Before entering into an inheritance, it is worth finding out what debts the testator has left. Loans, loans and many other financial obligations are transferred to the heirs along with money and other property. If the debts are greater than or equal to the amount of the inheritance, it may be easier to give up your share.
The notary who conducts the inheritance case will help to assess the value of the inheritance and the amount of debts. How to find out what debts the deceased had and whether it is necessary to take them on yourself, you can find out from the material "Are debts inherited?".
You have the right to refuse to accept the inheritance and voluntarily drop out of the applicants.
If you did not open the inheritance case, you can simply not apply for inheritance.
If you have already written an application for acceptance of the inheritance, but have not yet received a certificate of the right to it, within six months from the date of the death of a loved one, submit another application to the notary — to renounce the inheritance.
If you intend to inherit, then proceed to the next step.
Step 3. Pay the state fee and get a certificate of inheritance
You can receive a certificate of inheritance six months after the death of the testator.
A notary can issue certificates earlier. But only if all the heirs by law and by will have already written applications for inheritance or refused it.
Before you receive a certificate of the right to property, you need to pay a state fee for the registration of inheritance. Its size depends on the value of your share of the inheritance.
The valuation of the property is carried out by specialized private companies. But for the calculation, you can also use the cadastral value of real estate — it is requested in the registry. If you have any difficulties choosing an appraiser, consult a notary.
Some heirs are exempt from paying state duty:
- incapacitated people over whom guardianship is established;
- minors and their guardians;
- all heirs, if the testator was insured at the expense of the organization and died as a result of an accident at work;
- heirs of the housing in which they were registered together with the testator.
Please note: the notary has no right to demand from you any additional payment for their services, except for the state fee.
Step 4. Register the property for yourself
As soon as the certificate of inheritance is in your hands, you will be able to access the property due to you.
Ownership of inherited real estate (house, apartment, cottage, land, garage) must be registered in the registry. You will need a passport and a certificate of inheritance.
A car or other vehicle must be registered with the traffic police. To do this, you should contact the department with a passport and a certificate of inheritance.