Article 1147 of the Civil Code of the Russian Federation. Inheritance by adopted children and adoptive parents

The procedure for the adoption of children is regulated by the rules of Articles 124 and 125 of the Family Code of the Russian Federation (FC RF). One of the legal consequences of adoption is the termination of property and non-property rights and obligations in relation to blood relatives . An exception is provided for cases where one person (male or female) acts as an adoptive parent.

Article 1147 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) determines the rights of adopted children and adoptive parents to inheritance in the event of the death of one of them. According to it, the adopted child receives all the rights and obligations that the adoptive parent’s relatives by blood have (clause 1 of Article 1147 of the Civil Code of the Russian Federation).

If the property relations of the adopted child with one of the parents have been preserved, then he has the right to receive an inheritance after their death or the death of their relatives. He also retains the rights to inherit the property of the adoptive parent . In turn, blood parents and their relatives receive the right to inherit after the death of the child or his descendants.

The concept and procedure of adoption

Article 124 of the RF IC defines the concepts of adoption. It includes the placement of children whose parents cannot or do not want to provide custody of them. From this article it follows that only a minor child can be adopted . Adoption is carried out only in his interests and in compliance with the rules of paragraph 1 of Art. 123 RF IC. Only persons who have been recognized as capable of providing the child with the necessary conditions act as adoptive parents. Adoption of siblings into different families is not allowed . The exception is cases when the division is made in the interests of the adopted children.

The procedure for adoption is determined by Art. 125 of the RF IC, from which it follows:

adoption can be carried out only at the request of a citizen acting as an adoptive parent. The adoption procedure must comply with the rules of current legislation. The decision to hand over a child to a person(s) for adoption is made by the court;
representatives of the guardianship and trusteeship authority make an opinion on the ability of the adoptive parent to provide the child with conditions consistent with his interests;
the transfer of a child for adoption and control over the conditions in which he lives and is raised within the borders of the Russian Federation is determined by the Government of the Russian Federation;
on the day when the court decision on adoption comes into force, the adopted person and the adoptive parent receive the rights and obligations established by law in relation to each other. Within three days after this, the court sends the corresponding document (extract) to the civil registry office;
the fact of adoption is subject to state registration in the prescribed manner.

Methods of obtaining property

The process of accepting an inheritance does not always occur in the generally accepted manner.

Property passes to successors by will and by law.

If in the first case the distribution of the inheritance occurs on the basis of the last will of the deceased, then in the second all interested parties are divided in turns. There are only 8 of them, and they are graded according to the degree of relationship with the deceased.

The first 3 stages have a peculiarity: all successors of these stages have the right to transfer their share to their own heirs. This becomes possible after their death. The right to transfer property occurs when the main heir dies before the opening of the inheritance.

In law

The procedure for applying the legislative norms of inheritance by proposal is prescribed in the Civil Code. According to the law, in each line there are separate categories of citizens who have the right to inheritance according to this type:

Direct descendants of 1st degree heirs.
Nephews of the deceased testator.
Cousins, sisters, uncles and aunts.

The order moves in descending order from step to step if the previous line is absent or has refused the inheritance.

The procedure for accepting the property of a deceased person upon presentation comes into force when a successor from this list died at the same time or before the main owner of the property. The amount of property to which the descendants of deceased heirs are entitled is limited to their share, no more.

By will

A will is a written expression of the will of a deceased citizen regarding the distribution of property. A will is a fundamental document in the division of property.

The heirs are required to follow the distribution order established by the testator. In the case of simply mentioning the names of successors without indicating shares, the property is distributed equally.

The situation is different with entry into inheritance by nomination. This right does not apply to those who take over property from direct successors if they die before it is distributed. According to the will of the deceased, the property is divided among those whom he specifically indicated in the will.

Consequences of adoption

The legal consequences of adopting a child are determined by Art. 137 RF IC. Based on it, adopted children and their offspring are equal to blood relatives in relation to the adoptive parent and his relatives. Both parties receive property and non-property rights and obligations in relation to each other. In this case, the corresponding relationship between the child and his parents by blood is terminated. However, if the adoptive parent is one person, relations with the father or mother by blood can be maintained if they wish .

The parents of the father or mother by blood (grandmother or grandfather), in the event of the death of the latter, can retain the rights of the adopted child to inherit. At the same time, he is not deprived of the corresponding rights and obligations in relation to the adoptive parent.

The consequences of adoption begin after the court decision comes into force . They do not depend on whether changes have been made to the entry in the child’s birth documents.

The order of distribution of shares

By right of representation, one can only claim that part of the property that was intended for the deceased heir . For example, after the death of a father, three sons can inherit the apartment of their grandfather, who is the testator. The property will be distributed among the applicants in equal shares.

Please note that this order does not affect the share of other direct heirs. If in the situation described above the deceased father had a brother, then the inheritance of the apartment will be carried out as follows: the father’s brother receives half, because he is the grandfather’s own son. The remainder will be divided equally among the sons of the deceased heir.

Inheritance between an adopted person and his adoptive parents

Based on paragraph 1 of Art. 1147 of the Civil Code of the Russian Federation, the adopted person and the adoptive parent (adoptive parents) are equated to blood relatives . The property and non-property relations arising as a result also extend to the relatives of the adoptive parent and the descendants of the adopted person.

In the event of the death of one of the adoptive parents, the adopted person receives a share in the inheritance as a first-priority heir by law (Article 1142 of the Civil Code of the Russian Federation). It is also subject to the rules of Articles 1146 and 1149 of the Civil Code of the Russian Federation. If, in accordance with Art. 137 of the RF IC, the adopted person retains the rights to inherit after one of the blood parents, he does not lose the corresponding rights in relation to the adoptive parent.

Timing and cost

The total duration of entry into inheritance is reflected in Part 1 of Art. 1154 of the Civil Code of the Russian Federation. Regardless of whether inheritance is organized by will or law, the period is 6 months from the date of death of the testator. At the same time, the day from which the specified duration is counted is determined either by the moment of the physical death of the citizen, or by the day the corresponding court decision (on recognizing the person as deceased) enters into legal force, which is reflected in Part 1 of Art. 1154 of the Civil Code of the Russian Federation.

If the adopted child was unable to accept the inheritance in a timely manner for good reasons, the duration can be restored in court under Art. 1155 of the Civil Code of the Russian Federation.

The cost of inheritance consists of several components:

The state fee for obtaining a certificate of inheritance is 0.3% of the value of the inheritance, but not more than 100,000 rubles - for children (including adopted children). The specified size is directly established in clause 22, part 1, art. 333.24 Tax Code of the Russian Federation.
Legal services – in the event that a representative acts on behalf of the applicant, or consultation with a professional is required.
Valuation services – in a situation where there is a need to establish the market value of an inheritance.
The work of a notary - the state fee is regulated by law, and the activities of a specialist are paid separately (tariffs can only be found out during consultation).

At the same time, the law establishes benefits for citizens wishing to receive as an inheritance:

A residential building, land plot or shares of real estate in the event that the heirs lived together with the deceased and continue to live in this territory after death.
Any property of a citizen who died in the performance of duty or duties assigned to him by law.
Deposits in a credit institution, insurance payments, wages, royalties and pensions.

At the same time, adopted children who have not reached 18 years of age, or who have reached the age of majority but are declared legally incompetent, are in any case exempt from paying state inheritance taxes. All listed benefits are reflected in clause 5 of Art. 333.38 Tax Code of the Russian Federation.

Inheritance between an adopted child and his parents

According to paragraph 2 of Art. 1147 of the Civil Code of the Russian Federation, after adoption, a child and his offspring do not have the right to receive an inheritance from blood relatives. An exception is possible in case of inheritance by will or in the case specified in paragraph 3 of this article.

Clause 3 of Art. 1147 of the Civil Code of the Russian Federation provides for the possibility of preserving the relationship between an adopted child and one of the parents.

If the necessary conditions are met, the adopted person and his descendants have rights to inherit after blood relatives through one of the parents. The latter, in turn, reserve the right to inherit after him or his descendants on the basis of the articles of Chapter 63 of the Civil Code of the Russian Federation. The adoptee, who has maintained relations with blood relatives, also retains the possibility of inheritance after the adoptive parent , who is equal to the parent by origin.

From paragraph 3 of Art. 137 RF IC follows:

if a woman acts as an adoptive parent, then, at the request of the child’s father, she can retain her rights and obligations towards him;
If a man acts as an adoptive parent, then, at the request of the child’s mother, he can retain the rights and obligations towards her.

The procedure for inheritance by adopted children according to the law

In order to receive inherited property from adopted children in the legal manner regulated by Chapter 63 of the Civil Code of the Russian Federation, the following must be done:

Determine the place of opening of the inheritance - the last address of residence of the deceased, or the location of the real estate of the transferred property.
You should choose a notary at the place where the inheritance is opened - the applicant has the right to choose a specialist.
Write an application and collect the necessary documents.
Submit the collected documents to the notary at a convenient time - it is advisable to do this as early as possible. The specialist opens an inheritance case, collects the necessary information, determines the circle of heirs, the composition of the inheritance, and so on.
After six months, go to the notary and receive a certificate of inheritance. Based on this document, the specialist is authorized to send an application for registration of property rights to Rosreestr - if necessary.
Based on the document received, either formalize the rights of the new owner, or receive funds (depending on the composition of the inheritance), that is, dispose of the inheritance.

Possibility of preserving hereditary relations between the adopted person and his blood relatives

Clause 3 of Art. 1147 of the Civil Code of the Russian Federation and Art. 137 of the RF IC provides for the possibility and requirements for preserving hereditary property and non-property relations between an adopted child and his relatives by origin. Article 137 of the RF IC includes the following provisions:

if a child is adopted by one person , his hereditary relationship with one of the parents can be preserved if they wish. The father of the adopted child can make an appropriate decision if the adoptive parent is a woman. His mother is given this right if the adoptive parent is a man;
in the event of the death of one of the adoptee’s blood parents , at the request of the child’s grandfather or grandmother (father or mother of the deceased), inheritance rights are retained in relation to the parent’s blood relatives;
the final decision to preserve the relationship between the parents and the adopted child is determined by the court and indicated in the relevant documents.

Procedure for inheritance by adopted children under a will

The testamentary inheritance procedure is simplified by the fact that the process involves a document reflecting the order of distribution of the inheritance between descendants. In general, the testamentary process of transferring inheritance is regulated by the provisions of Chapter 62 of the Civil Code of the Russian Federation. The algorithm for the actions of an adopted child when registering an inheritance under a will is as follows:

Determine the location of the will - you can find it in the personal belongings of the deceased, in the archives of a notary, or in another place that the testator spoke about during his lifetime.
Write an application and collect the required package of documents.
Contact a specialist, handing over all the papers to open an inheritance case. As part of this procedure, the will is announced and all the heirs who will subsequently receive the property gather.
Six months later, each of the heirs receives a certificate of inheritance.
Based on the submitted documents, you should register your ownership rights to the property.

The problem of confirming the fact of family relationships

The adoptive parent, at his own request, may request a change in the child’s birth record in the civil registry office. Thus, all information about blood relatives can be lost, but the secret of adoption is preserved. On the other hand, if the records of the birth of the child have not been changed by other persons, confirming the relationship does not cause difficulties.

When inheriting from an adoptive parent, the adopted person must provide documentary evidence of the fact of adoption . This could be an adoption certificate or a court order. If the fact of kinship or adoption is not proven, the adopted person will not be able to inherit as an heir by law.

Problems are observed in cases where the adoption has been annulled and the child must be returned to the natural parents. Inheritance relations between them are restored only after the court makes a decision on this . The right to a share in the adoptive parent's inheritance is also canceled only after the approval of the court decision.

Nuances

Adopted children receive their status as a result of the implementation of the adoption procedure, receipt of the appropriate court decision, as well as a certificate. Despite the fact that the law equates adopted children with natural children, some features are still present in the inheritance procedure:

If the testator made a will and did not include the adopted child in it, the right to an obligatory part of the property arises (Article 1149 of the Civil Code of the Russian Federation). Minors or adult disabled adopted children can receive a share of the inheritance even if the testator excluded them from the circle of heirs.
In the event that the heirs see grounds for challenging the will drawn up, they can file a lawsuit in court and cancel the validity of the illegally formed document.
Descendants of adopted children, as well as blood children, acquire the opportunity to receive an inheritance upon presentation. This means that in the event of the death of an adopted person before the opening of the inheritance, his children (grandchildren of the original testator) have the right to receive property belonging to the parents.
After the adoption is cancelled, the relationship between the minor and the biological parents is restored, which means the teenager is handed over to them for upbringing. If blood relatives die, the remaining ward is placed in a specialized institution.
Both adoption and its cancellation are carried out exclusively in court. Only a court decision can become the basis for receiving an inheritance and performing other legally significant actions.
The distribution of property between blood and adopted descendants is based on the principle of fairness. Discrimination on the basis of biological relationship is not permitted.
In the event of the death of an adopted child, his adoptive parents have the right to receive the inheritance. In exceptional cases, this opportunity is given not only to adoptive parents, but also to biological parents.

Inheritance documents by right of representation

As a general rule, the inheritance procedure takes place within six months (Article 1154 of the Civil Code of the Russian Federation) from the date of death of the owner of the property. During this period, you must submit a written statement of intent to accept the inheritance to the notary's office, attaching documents to it...

Identity:

passport;
marriage certificate, change of name or surname;

Confirming family ties (for inheritance by right of representation, it is necessary to prove that the deceased parent, during his lifetime, would have been the heir of the line called for inheritance):

death certificate of the testator;
birth and death certificate of the heir who would have been called to inherit during his lifetime;
birth certificate of the heir by right of representation.

Containing information about the composition, estimated value, location of the inherited property:

title documents (agreements, extracts from the Unified State Register or old certificates of ownership);
technical documentation;
assessment documents.

Receipt , bank statement (about payment of state duty).

The notary may also require other documents.

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