How to choose a notary to register an inheritance at your registration address

Entry procedure

To take ownership of the deceased’s estate, you must express your will to acquire the obligations and property rights of the testator. This procedure is carried out by a notary at the registration address to formalize the inheritance.

Entry into inheritance is carried out as follows:

1. The heir declares his intention to accept the fortune.
2. The applicant presents the documents necessary to obtain a certificate of inheritance.
3. Specialist services are paid.
4. 6 months after the death of the testator, the transfer of ownership rights is formalized.

Please note that ownership of real estate is acquired by the heir at the time of opening of the inheritance. However, it can only be disposed of after all documents have been completed.

Details of the process of entering into property rights are in the article “How to enter into inheritance rights.”

Where to go to register an inheritance

After the death of the owner, his property is transferred to his heirs. Regardless of the basis of inheritance (law, will, testamentary disposition), potential recipients must take actions provided by law.

Actions of the heir after the death of the owner:

• find the right notary;
• apply;
• collect documents;
• pay the fee;
• obtain a certificate;
• re-register the property in your name.

Procedure for registering inherited real estate

To confirm the place of last residence of the deceased, you need to provide a certificate of his registration in Form No. 9 from the passport service.

You can also confirm your place of residence with the help of a court decision establishing a place for registering an inheritance. If inheritance is carried out according to law, documents must be presented that confirm the family ties of the successor to the testator.

You can find out all the nuances of registering rights to the property of the deceased in the article “Registration of inheritance”.

Where is the case opened?

To take ownership of the deceased’s real estate, you must contact a specialist at the place where the inheritance case was opened. In such a place, according to Art. 1115 of the Civil Code, is the last place of residence of the deceased.

If it is impossible to establish the last place of residence or the testator lived abroad, then the inheritance case is opened in the place where the real estate is located.

But not everyone knows how to find a notary serving the place where the inheritance is opened, if such real estate is located in different places.

If the testator owned property located in different cities, then the place for opening is considered to be the location of the most valuable real estate.

In the absence of immovable property, movable property is assessed.

Movable or immovable property objects are valued based on market value.

You can find out more detailed information about choosing the place of inheritance and when you need to open an inheritance case from the article “Time and place of opening an inheritance.”

Search for a notary office

You can become the full owner of property only six months after the death of the testator. During this period, the heir must have time to obtain a certificate of inheritance rights by writing a corresponding application. But for this you need to know which notary deals with inheritance.

If you do not know which specialist is involved in inheritance matters at the location of the inherited property or its most valuable part, then you can find out his address in two ways:

1. Contact your nearest notary office. Provide the testator's first and last name, and the notary's office will give you the address and full name of a specialist who can re-register the property.
2. Contact the territorial notary chamber. This authority oversees the work of all notary offices in the region. They will provide the details of the specialist who is required to register your property.

These methods will allow you to quickly determine the location of the required specialist. But even if a notary for inheritance is found at the place of residence, it is important for the heir to understand at least a little about the procedure: this will save him from many problems, the solution of which takes a lot of time, money and effort.

Deadlines for accepting an inheritance. Restoring deadlines. Actual acceptance.

In the article below, concepts such as the actual acceptance of an inheritance, how to establish the fact of the actual acceptance of an inheritance from a notary, as well as in court, will be discussed. It will also be explained how to restore the deadline for accepting an inheritance, and what valid reasons there may be for restoring the deadline for accepting an inheritance. In which courts and how cases of recognizing the actual acceptance of an inheritance and restoring the deadlines for accepting an inheritance are considered, samples of procedural documents are given.

Actual acceptance of inheritance.

In accordance with Art. 1153 of the Civil Code of the Russian Federation, you can enter into an inheritance in two ways:

• By contacting a notary with an application to accept the inheritance or issue a certificate of right to inheritance
• By actually accepting an inheritance, which is considered to be the heir’s performance of certain legally significant actions.

The law includes the following circumstances as actions indicating the actual acceptance of an inheritance:

• The heir began to own and manage the property of the testator - began to live (or began to live even before the death of the testator) in his apartment (house), uses a plot of land, a car, or any other things that belonged to the testator, including his personal belongings
• The heir takes measures aimed at preserving the testator’s property, including protecting it from anyone’s claims - he transferred the testator’s property to himself for its safety, installed locks or strengthened them in the living space belonging to the testator, reclaimed the testator’s property from someone else’s illegal possession, installed a security alarm on the car, etc.
• The heir bears the costs associated with maintaining the testator's property - pays rent, taxes, insurance, made repairs, rents out the property, etc.
• The heir paid the debts of the testator, or received the money due to him - debts, fees, compensation, etc.

If the heir has performed at least one of the indicated actions, accepted at least part of any property of the testator (regardless of the value and volume, it could even be his personal belongings), then he is considered to have actually accepted the inheritance .

Actions performed by the heir to actually accept the inheritance must have written confirmation. We are talking about receipts and other payment documents, certificates, contracts, procedural and other documents that reflect the actions of the heir.

These may be the following documents:

• Payment of rent and utility bills, repair work, payment of taxes and other obligatory payments is confirmed by relevant receipts and receipts
• The heir's appeal to the court to claim the testator's property from third parties is confirmed by a statement of claim or a corresponding court decision
• Repayment of debt (loan repayment) of the testator, as well as receipt of funds due to the testator, is confirmed by relevant bank statements and receipts from individuals
• The lease of the testator's property is confirmed by the agreement and payment documents thereunder
• Property repairs are confirmed by relevant work orders and payment documents
• Other documents

If there are no documents, witnesses can confirm certain events that indicate the fact of inheritance. These can be either relatives or other persons - neighbors, acquaintances, etc.

The actions of the heir to actually accept the inheritance must be completed no later than 6 months after the death of the testator , otherwise the heir will be considered to have missed the deadline for entering into the inheritance. Consequently, he will have to restore this period.

Such actions, taking place no later than six months after the death of the testator, reliably indicate that the heir has actually entered into the inheritance.

When actually accepting an inheritance, the law does not oblige the heir to formally contact a notary with an application to accept the inheritance.

Actual acceptance of inheritance from a notary

In addition to the actual acceptance, the inheritance must be legally registered for the heir. To do this , it is necessary for the notary to issue the heir a certificate of inheritance rights to the testator's property.

The law does not limit the period during which the heir who has actually accepted the inheritance may apply to a notary for the issuance of a certificate of right to inheritance. This can be done at any time.

A certificate of inheritance is required when the estate includes movable and immovable property (house, apartment, land, vehicles, cash deposits, shares and bills and other securities, garages, shares in a business, etc.), the right to which must be registered (formalized) in the manner prescribed by law .

The inheritance of household items, equipment, personal belongings and other similar property of the testator does not require any formalization.

The procedure for registering an inheritance based on its actual acceptance is not as complicated as the judicial restoration of the period for entering into an inheritance, but even in this case it may be necessary to go to court.

The notary has the right to independently establish the fact of acceptance of the inheritance.

To do this, the heir should contact the notary who is in charge of the inheritance case with documents confirming the fact of acceptance of the inheritance. If the inheritance case has not been opened at all, at the request of the heir, the notary will open it.

The notary has the right to independently evaluate the actions of the heir aimed at actually accepting the inheritance, examine all the documents presented as confirmation, and decide whether the heir can be considered to have actually accepted the inheritance.

Circumstances in which a notary, as a rule, independently determines the actual acceptance of an inheritance:

• There was cohabitation between the heir and the testator during his lifetime. This can be confirmed by a certificate of registration of persons at a specific address (information from the house register, etc.). At the same time, it is not necessary that the joint residence of the testator and the heir take place precisely in the residential premises, which is included in the inheritance mass. They could even live in a non-privatized apartment, or in the home of the heir himself. The main thing is that there is evidence that they lived together.
• The heir is a co-owner of the inherited property. That is, if the heir and testator had property under the right of common (joint or shared) ownership.

Under the above circumstances, the notary, having assessed in aggregate all the evidence presented by the heir of the actions aimed at accepting the inheritance, can independently establish the fact of his acceptance of the inheritance and issue a certificate of the right to inheritance.

In what cases can a notary refuse to establish the fact of acceptance of an inheritance?

• If, having assessed the situation, the notary comes to the conclusion that the actions of the heir do not reliably indicate the actual acceptance of the inherited property, then he will not establish this fact, but will explain to the applicant his right to go to court with this issue.
• The same will happen if the heir does not have written confirmation of the actual acceptance of the inheritance. Without documents, the notary will not independently establish this legally significant fact.
• If there is a dispute about the right between the heirs, the notary also explains to the applicant the right to go to court.
• If there is no documentary evidence of the relationship between the testator and the heir, the latter will first have to establish in court the fact of relationship with the testator. This means that the notary will definitely send the applicant to court. When going to court, demands to establish the fact of kinship and to establish the fact of acceptance of the inheritance can be submitted simultaneously.

In most cases, notaries send the actual heirs to court to resolve the issue of establishing the fact of acceptance of the inheritance. In practice, the exception is mainly those cases where there was cohabitation of the heir and the testator.

In any case, the notary has the right, but not the obligation, to determine the actual acceptance by the heir of the testator's property.

What documents need to be submitted to the notary:

• Passport of the heir who actually accepted the inheritance
• Death certificate of the testator, if the inheritance case has not been opened
• Documents confirming relationship with the testator when inheriting by law, and the testator's will when inheriting by will
• Documents confirming the fact of acceptance of inheritance

The fact of accepting an inheritance under a will

The procedure for establishing the fact of accepting an inheritance under a will does not differ in any particulars.

It doesn’t matter how the heir inherits – by law or by will, such a method of accepting an inheritance as the actual ownership and management of the testator’s property is possible in both cases.

Missing the deadline for entering into an inheritance will have the same consequences for both the heir by law and the heir under the will.

Establishing the fact of acceptance of inheritance in court

From a legal point of view, cases of this category are not particularly complex; everything depends on the evidence presented by the applicant. The court can establish the fact of acceptance of the inheritance if the heir presents the necessary documents, and in their absence, proves his arguments with other evidence, including through testimony. But, as a rule, courts evaluate all written and oral evidence presented in the case in their totality.

An application to establish the fact of acceptance of an inheritance is considered by the court in a special proceeding (Article 264 of the Code of Civil Procedure of the Russian Federation).

However, if interested parties in the case (other heirs) object to the establishment of this legal fact, the court is obliged to leave the application without consideration , since there is a dispute about the law between the heirs.

In this case, the court explains to the applicant his right to file a lawsuit .

Accordingly, it will be necessary to file a statement of claim to establish the fact of acceptance of the inheritance; it can also state the second requirement - to recognize the right of ownership of a share in the inheritance.

Remember that the requirement to recognize the right of ownership of inherited property is in any case considered by the court exclusively in the manner of claim proceedings .

The heirs who accepted the inheritance will be defendants in the case, and can present their objections to the case and evidence in support of them.

The court's decision to establish the fact of acceptance of the inheritance will be the basis for the notary to issue the applicant with a certificate of the right to inheritance, and if the court recognizes the actual heir's right of ownership of the inheritance (or part of it), the ownership will be registered by Rosreestr on the basis of a judicial act, the need to obtain a certificate There will be no inheritance in this case.

Jurisdiction of an application for actual acceptance of inheritance

If the estate does not include real estate , then an application to establish the legal fact of acceptance of the inheritance must be filed with the district court at the applicant’s place of residence (Article 266 of the Code of Civil Procedure of the Russian Federation).

The situation is different if the inheritance includes real estate - in this case, the rules of the Code of Civil Procedure of the Russian Federation on exclusive jurisdiction are applied (Article 30 of the Code of Civil Procedure of the Russian Federation), accordingly, the application is submitted at the location of the real estate. This directly follows from the content of Article 266 of the Code of Civil Procedure of the Russian Federation, into which the legislator included the rule of exclusive jurisdiction, indicating that an application to establish the fact of ownership and use of real estate is submitted to the court at the location of the real estate . In accordance with Part 2 of Article 1153 of the Civil Code of the Russian Federation, the actual acceptance of an inheritance is nothing more than the entry of the heir into possession or management of the inherited property. In other words, establishing the fact of accepting an inheritance in the form of real estate is clearly related to establishing the circumstances of ownership and use of this property.

The rule on exclusive jurisdiction also applies if the claim states a claim for recognition of ownership of real estate by inheritance.

Thus:

• An application to establish the actual acceptance of the inheritance, in the absence of real estate as part of the inheritance, is submitted to the court at the place of residence of the applicant .
• An application to establish the fact of acceptance of an inheritance that includes real estate, as well as a claim to establish the fact of acceptance of an inheritance and recognition of ownership of the inheritance, is filed with the court at the location of this real estate .

Sample-application-to-the-court-for-establishing-acceptance-of-the-fact-of-inheritance
This is an approximate sample of an application that is subject to consideration in a special proceeding.

If you need help in drawing up an application taking into account your situation, including a statement of claim to establish the actual acceptance of an inheritance and recognition of ownership of property by inheritance, the lawyers of the ROF “Without Barriers” are ready to provide appropriate legal assistance.

Deadlines for accepting an inheritance.

The law establishes a general deadline for accepting an inheritance, as well as special deadlines for accepting an inheritance (Article 1154 of the Civil Code of the Russian Federation).

General term.

The period during which the heirs of a deceased person can claim their rights to his inheritance is strictly limited by law and is exactly 6 months . The countdown of this period begins on the day following the day of death of the testator.

This 6-month period applies both in case of inheritance by law and in the presence of a will of the testator.

Within six months, heirs living at a considerable distance, for example in another region or even outside Russia, may arrive at the place where the inheritance is opened. Situations can be completely different, which is why the legislator has established a significant period for accepting an inheritance.

Special terms.

Special deadlines for accepting an inheritance are established by law for cases where the right of inheritance does not arise from the moment the inheritance is opened.

In particular:

a) in cases where, in accordance with paragraph 3 of Art. 45 of the Civil Code of the Russian Federation, in relation to the alleged death of a citizen, the court recognizes the day of the citizen’s death (the day of opening of the inheritance) as the day of his expected death (as indicated in the court decision), the law established that, as in the case of declaring a citizen dead, the six-month period for accepting the inheritance is calculated not from the date of opening of the inheritance - the death of the citizen, but from the date of entry into force of the court decision declaring him dead (clause 1 of Article 1154 of the Civil Code of the Russian Federation);

b) in cases established for persons whose right of inheritance arises as a result of the heir’s refusal of the inheritance (Articles 1157, 1158 of the Civil Code of the Russian Federation), formalized in the manner established by Art. 1159 of the Civil Code of the Russian Federation, or judicial removal of the heir on the grounds established by Art. 1117 of the Civil Code of the Russian Federation (unworthy heirs). Such persons can accept an inheritance within six months from the date their right of inheritance arises, and not from the date of opening of the inheritance (Clause 2 of Article 1154 of the Civil Code of the Russian Federation), that is:

– as a result of the heir’s refusal of the inheritance, the right of inheritance for other heirs arises from the day the notary at the place of opening of the inheritance receives the heir’s application for refusal of the inheritance or from the day when the other heirs became aware of the refusal of the inheritance earlier, keeping in mind that the heir’s application the renunciation of inheritance may be submitted to a notary or submitted to the postal operator for mailing before the expiration of the six-month period;

– as a result of the removal of an heir from inheritance, the right of inheritance for other heirs arises from the date of entry into force of the corresponding judicial act on the exclusion of heirs from inheritance (Article 1117 of the Civil Code of the Russian Federation);

c) bearing in mind that the right to accept an inheritance due to a person conceived during the life of the testator and born alive after his death arises after the birth of this person alive (Article 1116 and paragraph 2 of Article 17 of the Civil Code of the Russian Federation), the period for acceptance inheritance in this case, by analogy with the provisions of paragraph 2 of Art. 1154 of the Civil Code of the Russian Federation a special one must be applied. Acceptance of the inheritance in this case can be carried out within six months from the date of birth of the specified person alive;

d) in cases where the right of inheritance arises for persons only as a result of non-acceptance of the inheritance by another heir, they can accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation (clause 3 of Article 1154 of the Civil Code of the Russian Federation).

Non-acceptance of an inheritance is a factual situation in which the heir, called to inherit, did not in any way show his attitude towards acquiring the inheritance within the period established for this: did not submit an application for acceptance of the inheritance or an application for the issuance of a certificate of the right to inheritance within the established period; did not perform actions indicating the actual acceptance of the inheritance; did not make a corresponding statement of renunciation of inheritance. Due to the fact that the heir can perform these actions at any time during the six-month period, a statement of non-acceptance of the inheritance is possible only after the expiration of the specified period.

When a notary receives, after the expiration of a six-month period, a postal item made by the heir within the prescribed period, with the heir’s application for acceptance of the inheritance, such heir is recognized as having accepted the inheritance, and the rights of inheritance of other persons arising as a result of non-acceptance of the inheritance by the main heir do not arise in this case;

e) specified in paragraph 3 of Art. 1154 of the Civil Code of the Russian Federation, the period for accepting an inheritance also applies when the right of inheritance arises for sub-designated heirs (Article 1121 of the Civil Code of the Russian Federation), both in cases of non-acceptance of the inheritance by the main heir, and in cases of death of the main heir after the opening of the inheritance, who did not have time to accept the inheritance;

f) in cases where not only the main heirs, called to inherit directly in connection with the opening of the inheritance, have fallen away, but also subsequent newly called heirs, when determining the period for acceptance of the inheritance by other persons who have the right to inherit due to the fact that the previous heirs have fallen away, the provisions of paragraphs 2 and 3 of Art. 1154 Civil Code of the Russian Federation;

g) in cases of acceptance of inheritance in the order of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation). The right to accept an inheritance that belonged to a deceased heir can be exercised by his heirs within the period established for acceptance of the inheritance by the main deceased heir, if the remaining part of the period established for acceptance of the inheritance after the death of the main heir is less than three months, it is extended to three months ( Clause 2 of Article 1156 of the Civil Code of the Russian Federation).

Acceptance of inheritance after 6 months.

There are often cases when heirs, for one reason or another, still miss the legal deadline for contacting a notary to enter into an inheritance. As a rule, this problem becomes the subject of consideration in court.

There are two ways to accept an inheritance in court after the expiration of the period for its acceptance (depending on the circumstances):

• By restoring the deadline for accepting the inheritance
• By establishing the fact of acceptance of inheritance

However, the law contains a clause that acceptance of an inheritance after a 6-month period after the death of the testator is possible out of court, but under one condition - the remaining heirs who have already accepted the inheritance must give their written consent to this (Article 1155 of the Civil Code). Code of the Russian Federation).

In this case, judicial restoration of the missed deadline for entering into inheritance will not be required.

The consent of the remaining heirs must be formalized in writing in the presence of a notary who is in charge of the inheritance case. And if the written consents of the heirs are sent to the notary by mail or transmitted through a representative, then the signatures of these heirs must be certified by another notary.

If the specified conditions are met, a person who has missed the deadline for accepting an inheritance may inherit on an equal basis with other heirs.

In this case, the notary cancels previously issued certificates of the right to inheritance, redistributes shares in the inheritance taking into account the newly entered heir, and issues new certificates of the right to inheritance.

The procedure for reinstating deadlines.

Restoration of the period for accepting an inheritance in court is required in the following cases:

• The heirs who accepted the inheritance (or one of them) do not agree to the heir who missed the deadline accepting the inheritance out of court
• The testator has no other heirs
• Other heirs did not enter into the inheritance (including due to missing the deadline for accepting the inheritance).

The case of restoring the missed deadline for accepting an inheritance is considered by the court in the manner of claim proceedings. This is due to the fact that in the case of a claim to inheritance by a person who missed the deadline for accepting the inheritance, the interests of other heirs who accepted the inheritance are affected, which indicates the existence of a dispute about the right.

Consequently, other heirs are brought into the case as defendants, and in their absence - the Interdistrict Inspectorate of the Federal Tax Service of Russia, or the local administration (depending on what kind of real estate is included in the inheritance - an apartment, a house, a land plot), since the Russian The Federation, represented by these government agencies, is a potential heir to the escheated property.

Based on the content of Part 1 of Article 1155 of the Civil Code of the Russian Federation, in order for the court to restore the missed deadline to the heir, he needs to reliably prove one of two circumstances:

• The heir did not know and should not have known (could not have known) that the testator had died
• The heir missed the deadline for other valid reasons

At the same time, the law establishes a mandatory condition - if the reasons for missing the deadline are proven valid, the deadline for accepting the inheritance can be restored by the court only if the heir goes to court within 6 months from the moment the reasons for which he missed the deadline for accepting the inheritance no longer exist (for example, the heir learned about the death of the testator, treatment ended, etc.).

If the heir misses this deadline, then even if there are the most compelling reasons for missing the deadline for accepting the inheritance, it will not be restored to him, the claim will be denied, and he will lose all rights to the inheritance.

Thus, to satisfy a claim, a combination of two components is necessary:

• Whether the heir has valid reasons for missing the deadline for accepting the inheritance
• The heir's appeal to the court no later than 6 months from the moment these reasons cease

Valid reasons for missing the deadline for entering into inheritance

The law does not contain an exhaustive (closed) list of circumstances that can be accepted by the court as valid reasons for missing the deadline for accepting an inheritance.

Explanations on this issue were given by the Plenum of the Supreme Court of the Russian Federation in its Resolution No. 9 of May 29, 2012 “On judicial practice in inheritance cases.”

According to the position of the highest court, among the reasons for missing the deadline for accepting an inheritance, which can be recognized by the court as valid, it is necessary to include precisely the circumstances that are associated with the personality of this heir - illness, illiteracy, helpless state, etc.

At the same time, if we talk about a person’s illness, then we must proceed from the fact that there was some serious illness that did not allow the heir to independently contact a notary and claim his rights to the inheritance.

We are talking specifically about those cases where the heir, due to a serious illness, could not even sign a document (he was in a coma, could not move, underwent long-term rehabilitation after a complex operation, was in a state of short-term mental disorder, etc.), or did not could count on someone's help.

If the heir, even while being treated in a hospital, due to health reasons had the opportunity to call a notary (including with the help of his relatives and friends) and fill out an application for acceptance of the inheritance (read, sign), followed by sending the application to the notary at the place where the inheritance was opened , then the reason for missing the deadline cannot be considered valid.

In addition, the disease must be of a long-term nature - throughout the entire period of acceptance of the inheritance . Short-term illnesses, even while in hospital, cannot serve as adequate justification for missing this period.

In other words, the plaintiff must prove that during all 6 months he was in such a state that did not allow him to exercise his inheritance rights.

Based on the requirements of the law, clarifications of the highest court, as well as from the practice of considering cases of this category, we can identify a number of reasons that may form the basis of a claim to restore the period for accepting an inheritance, and be recognized by the court as valid:

• The heir did not know about the death of the testator due to the complete lack of communication with him and other common relatives for a long time
• The heir did not know where the testator lived, and therefore could not find out about his death
• The heir learned about his relationship (or degree of relationship) with the testator after the expiration of the period for accepting the inheritance
• The heir did not know about the existence of the testator's will in his favor (in the case of inheritance by will)

The above circumstances, if proven in court, indicate precisely that the heir did not know and should not have known about the death of the testator, according to the wording of the legislator specified in Part 1 of Art. 1155 of the Civil Code of the Russian Federation.

Other valid reasons for which the deadline for accepting an inheritance could objectively be missed include the following circumstances:

• Serious illness or helpless condition of the heir during the entire period of acceptance of the inheritance
• Illiteracy of the heir. This concept should not be confused with ignorance of laws and regulations, because such a circumstance does not relieve a person from responsibility, and he takes on all the consequences
• Incapacity (limited incapacity) of the heir, including his failure to reach the age of majority
• The heir is on a long business trip in a remote (hard-to-reach) area, for example, on a scientific expedition, etc.
• The presence of extraordinary circumstances that occurred throughout the entire period of acceptance of the inheritance, due to which it was impossible to travel to the place where the inheritance was opened
• Staying in another country with the impossibility of traveling to the Russian Federation (problems with visas, etc.)
• Other circumstances

Unexcusable reasons for missing the deadline for accepting an inheritance include the following circumstances:

There are a number of circumstances that the court does not recognize as valid in the case of restoring the period for entering into an inheritance.

For example, contrary to popular belief, including that prevailing among some lawyers, the heir’s lack of information about the composition of the inheritance or its existence in general cannot be accepted by the court as a valid reason for missing the deadline for accepting the inheritance. The Plenum of the RF Armed Forces clearly indicates this in the above-mentioned Resolution of May 29, 2012. No. 9 “On judicial practice in inheritance cases.”

In general, we can identify several circumstances that, in practice, form the basis of claims for restoration of the period for accepting an inheritance, but in law enforcement practice such reasons are not accepted by the courts as valid:

• Short-term health disorder of the heir who missed the deadline
• Lack of information from the heir about the existence or composition of the inheritance
• Staying outside of Russia, including permanent residence abroad, except in cases where the heir did not know or should (could not) know about the opening of the inheritance, or objectively could not leave the country
• Being in prison, except in cases where the heir did not know or should (could not) know about the opening of the inheritance
• Ignorance of legislation regarding acceptance of inheritance or deadlines for accepting inheritance

Statement of claim for restoration of the period for entering into inheritance

An application to the court to restore the period for entering into inheritance is submitted to the district court at the place of residence of the defendant or one of them (Article 28 of the Code of Civil Procedure of the Russian Federation).

However, if the inheritance, the period for acceptance, which the plaintiff asks to restore, includes real estate (apartment, house, land), then the claim will be considered by the court at the location of this property according to the rules of procedural legislation on exclusive jurisdiction (Part 1 of Article 30 Code of Civil Procedure of the Russian Federation)

Contents of the claim

The statement of claim for this inheritance dispute must be filed in full compliance with the requirements of Articles 131-132 of the Code of Civil Procedure of the Russian Federation, which speak about the form, content of the claim, and the documents attached to it.

The application must contain two requirements:

• Restoring the deadline for accepting an inheritance
• Recognition of ownership of a share in an inheritance

If the claims are satisfied, the court will redistribute shares in the inheritance (if there are other heirs who accepted the inheritance) and recognize for all heirs the right of ownership of the inherited property in accordance with the redistribution.

If a positive court decision is made, the heir does not need to take any additional actions; in particular, it is not necessary to obtain a certificate of the right to inheritance from a notary. A court decision on the redistribution of shares in the inheritance and recognition of ownership of it that has entered into legal force is the basis for registration of property rights by Rosreestr.

State duty

The state duty on an application to restore the period for entering into an inheritance and recognizing the right of ownership of a share in the inheritance is calculated based on the value of that part of the inheritance claimed by the plaintiff. The rules for calculating state duty are given in Article 333.19 of the Tax Code of the Russian Federation.

At the same time, every claim that is present in the pleading part of the claim must be paid with state duty - the requirement to restore the period for accepting the inheritance is paid with state duty as a non-property claim in the amount of 300 rubles, and the requirement to recognize the right of ownership of property - as a property claim, state duty, calculated based on the value of this property.

By adding these two amounts, we get the total amount of state duty.

Sample-statement-of-claim-to-court-for-restoration-of-the-term-for-acceptance-of-inheritance

If you need help in drawing up a statement of claim to restore the missed deadline for entering into an inheritance, taking into account your situation, the lawyers of the ROF “Without Barriers” are ready to provide appropriate legal assistance.

Other interesting articles related to inheritance can be found on our website in the corresponding section “Inheritance”.

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Which notary can handle inheritance matters?

For anyone who is wondering which notary to contact to register an inheritance, it is useful to know that, according to the law, these lawyers are not divided into a range of activities.

In this regard, a specialist who conducts his activities on the site can register an inheritance:

• where the testator most recently lived;
• to which the testator's surname refers;
• where the most valuable part of the inherited property is located.

As you can see, the notary conducts inheritance affairs at the address where the assets of the deceased are located. This indicates division according to territorial or other operating principles.

Is it possible to contact any notary?

Many heirs ask whether it is possible to register an inheritance with any notary. Unfortunately, the heir cannot choose a specialist at his own discretion.

To open a business, you should contact a notary office that works in the territory where the inherited property is located.

On the territory of Russia, in particular, in Moscow and the Moscow region, St. Petersburg, Kemerovo, Saratov, the “Inheritance Without Borders” program operates. According to its terms, a resident of the locality in whose territory it operates can contact any notary office to register ownership of the inheritance.

How to determine the place of opening of an inheritance case?

Current legislation states that the opening of an inheritance case is carried out in accordance with the address where the testator lived and was registered. The place of actual death does not matter. It should also be understood that if the place of death was a hospital ward, hotel room or public transport, the probate case will be opened in accordance with the address indicated on the identity document.

There are situations when the deceased does not have registration. In such a case, the inheritance case is opened at the location of the residential real estate owned by the testator. What to do if the deceased owned several properties at once?

The answer to this question is quite simple. If one person has a house, apartment, country cottage or other real estate, the inheritance is opened at the address where the most expensive property is located. The market value of the home is used to determine the assessment.

Among other things, the place where the inheritance case is opened can be determined through the court. Relatives of the deceased must file a claim and prove that the testator lived at the specified address. After studying the case materials, the court will make a decision that will determine the notary responsible for opening the inheritance.

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What a probate specialist should be able to do

Both public and private notary offices can handle business. But in order to know how to choose a notary to register an inheritance, it is important to understand that a specialist must:

• have higher education:
• undergo notarial practice;
• pass the exam;
• obtain a license;
• have an order granting authority to conduct activities in a certain area.

How to find out which notary to contact to enter into an inheritance? Carefully study reviews about him on the Internet or talk personally with people who have contacted him. If you are going to open a probate case in a big city, then the schedule of truly qualified notaries will be booked for several months.

A good probate notary must be a member of the Chamber of Notaries.

Such a specialist will draw up all documents related to the inheritance on forms with a security hologram, number and series.

Although notaries are not divided by areas of activity, some are focused on the business area. Such a specialist has little experience in managing inheritance matters. Of course, if you contact him, he will not refuse, because the refusal can be appealed in court.

The cost of notary services may vary. The amount of the reward depends on:

• from the established amount of state duty for issuing a certificate of title to inherited property;
• from the cost of other actions of a legal and technical nature, the amount of which is established by the notary office.

Features of the distribution of notaries

Most people faced with the issue of inheritance encounter certain difficulties. Most often, they are associated with finding the right notary. It should be understood that not every specialist can open an inheritance case and confirm the corresponding right of the applicant. A clear understanding of the workload distribution of notaries and their functions will significantly simplify the solution to this issue.

If you pay attention to the specifics, there are no restrictions here. However, when it comes to territorial reference, there really is a difference. In particular, we are talking about the following parameters:

• Activities at the actual address of the deceased;
• Functioning on the site to which the testator is assigned (according to the first letter of the surname);
• Work on the location and volume of property constituting the inheritance mass.