How to make an inheritance

0
76

In what cases can you claim an inheritance and how to draw it up correctly? We give step-by-step instructions on what you need to do to enter into your rights.

Who can count on the inheritance?

It all depends on whether the person left a will . Moreover, this document must be certified by a notary in order to have legal force. However, not everyone leaves a will.

No will

In this case, the inheritance is distributed according to the law , that is, in order of priority according to the degree of kinship.

Inheritance issues are regulated by the Civil Code.

The first claimants to the inheritance are the closest relatives: children, parents, spouse. They are also called the 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 line is sisters and brothers, grandparents. There are seven lines in total.

If there are heirs of the first stage, then everything is divided between them. If there are none, then the inheritance is distributed among the participants in the second stage. If there are no applicants of the second stage, the third stage is considered – and so on. Relatives of the same order receive inheritance in equal shares. Dependents join any queue.

There is a will

A person has the right to bequeath his property to anyone, even a cat – like fashion designer Karl Lager feld. You can include friends, colleagues, even organizations in your 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 inherit. 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 obligatory heirs, the remaining property is distributed according to the will.

Pavel made a will in which he transferred all the property to his sister and brother, but did not mention his wife and son. But at the time of Pavel’s death, his son was 15 years old, and his wife had already retired. Therefore, they are entitled to half of the share that they could count on without a will. If there were no document, the wife and son would receive 50% of Pavel’s property each. Now they got 25%.

How can I find out about a will?

When a person makes a will, he usually informs his 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 most recent will has legal force. It also happens that you know about the will, but you do not have it in your hands. Or you are not sure at all that a loved one left him.

In any case, a notary who handles the inheritance case will help you. By law, he must, within one working day from the date of opening the case, check whether there is a will and study its contents. He receives this information from the register of the unified information system of the notary, where the electronic version of the current will is stored.

If you are named in the will and the notary knows your work or home address, he  must contact you . As a rule, the compiler of the will leaves the contacts of the heirs to the notary. Also, a notary can advertise in the media about the opening of an inheritance case, but this happens extremely rarely.

Even if you are not the closest relative of the deceased and are not among the contenders for the inheritance under the law, you have every right to contact a notary who conducts the inheritance case. He can find out if there is a will and whether you are included in it.

What do you need to do to inherit?

The main condition is to have time to declare your rights to the inheritance within six months from the date of the death of the testator . 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 will certify these papers.

Another option to restore your right to inheritance is through the courts. 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 process of registration of the inheritance, you need to open an inheritance file with a notary at the place of the last registration of the testator. The address of the notary office, which is assigned to the address of the testator, can be found in the notary chamber of the city, region, region or district.

All you need to open a case is your passport. If you do not have a death certificate of the testator, the notary himself will request it from the registry office. But in practice, notaries often refuse to open an inheritance case without documents confirming the relationship with the testator or the right to receive his property, so it is advisable to immediately bring them with you. In any case, the notary must explain what other papers will be required to formalize the inheritance.

The notary will need to write two statements:

  • about the opening of the inheritance case;
  • about your acceptance of the inheritance.

Samples of these statements are available from the notary.

If other relatives have already opened an inheritance file, but do not want to tell you which notary is conducting 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 the inheritance, he will determine who is entitled 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 the property.

By law, you have the right to receive some funds from the bank account of the deceased for organizing a funeral even before six months have passed from the date of death. To do this, you need to issue a reasoned resolution with a notary public, which will indicate that you are engaged in burial. With this document, you need to contact the bank in which the testator has an account or deposit.

If the list of heirs is clear and all of them have already applied for the inheritance or refused it, the notary can issue them certificates of the right to inheritance even earlier than six months later.

After the issuance of certificates, it is possible to challenge the distribution of property only through the courts.

Step 2. Assess 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 . Credits, 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.

A notary who manages the inheritance case will help assess the value of the inheritance and the amount of debts.

You have the right to refuse to accept the inheritance and voluntarily withdraw from the number of applicants.

If it was not you who opened the inheritance case, you can simply not apply for an inheritance.

If you have already written an application for acceptance of the inheritance, but have not yet received a certificate of entitlement to it, within six months from the date of the death of a loved one, submit another application to the notary – on the renunciation of the inheritance.

If you intend to enter into an inheritance, then proceed to the next step.

Step 3. Pay the state duty and receive a certificate of inheritance

You can receive a certificate of inheritance six months after the death of the testator.

The notary may issue certificates even earlier. But only if all the heirs, by law and by will, have already written applications for entry into the inheritance or renounced it.

Before you receive a certificate of ownership of property, you need to pay the state duty for registration of the inheritance. Its amount depends on the value of your share of the inheritance.

Property appraisal is carried out by specialized private companies. But for the calculation, you can also use the cadastral value of real estate – it is requested from Rosreestr. If you have difficulty choosing an appraiser, consult a notary public.

Some heirs are exempt from paying state duty:

  • incompetent people over whom guardianship has been 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.

The notary will issue each heir a receipt with the amount of the state duty. After the applicant brings a receipt with a note of payment or a check to the notary, he will receive a certificate of inheritance.

Please note: the notary has no right to demand any additional payment from you for his services, except for the state duty.

Step 4. Register the property in your name

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 with Rosreestr. You will need a passport and a certificate of inheritance.

Do not forget that along with real estate and transport, you acquire the obligation to pay taxes on them – property and transport.

LEAVE A REPLY

Please enter your comment!
Please enter your name here