Entry into inheritance is the procedure for transferring the property rights of the deceased to his heirs. The latter have a sequence. The heirs of the 1st stage are spouses, children and parents. Accordingly, the priority right to the inheritance of a deceased adult son is his parents, children and spouse. The inheritance of the mother and father is considered open from the moment of the death of their child. There are two ways to enter into inheritance after the death of a son or daughter: by will and by law.
Inheritance to a son by will
The procedure for entering into inheritance under a will after the death of a son or other relative is regulated by Chapter 62 of the Civil Code of the Russian Federation (Section 5, Part 3).
A testamentary document is drawn up by the testator during his lifetime with mandatory notarization. In the last order he may indicate:
- one or a list of recipients of inherited property;
- unworthy claimants to inheritance;
- conditions of receipt;
- additional recipients, in case those listed above refuse inheritance rights.
In this case, the will may indicate the share of each person (mother, father, children) in the inheritance of the deceased son. If the testator does not do this, then all property will be divided equally between the declared heirs of the 1st stage.
Despite the freedom of expression of will under a will, some categories of citizens have the right to an obligatory share of the inheritance after the death of a son or father (Article 1149 of the Civil Code). Namely:
- children of the testator under 18 years of age;
- disabled children, parents or spouses;
- persons who were the legal dependents of the testator during his lifetime and were declared incapacitated.
Moreover, this share must be at least half of the total inherited property. If there are several such citizens, then the obligatory share of the inheritance is divided among everyone after the death of the son/daughter.
It is important to know that the spouse has a legal right to half of the property only if it was acquired while living together.
That is, the mother/father's share of the inheritance after the death of a daughter/son is enshrined in law, even if they are not mentioned in the will.
Article 1149 of the Civil Code of the Russian Federation “The right to an obligatory share in the inheritance”
Who has the right to inheritance after the death of a son?
Inheritance after the death of a son opens from the moment of his death. The moment for opening an inheritance case is the date of death or a court decision declaring a person dead. The list of beneficiaries may vary and depends on whether the deceased made a will or not.
In law
Chapter 63 of the Civil Code of the Russian Federation indicates the first way the rights to enter into inheritance arise - by law. After the death of a son or daughter, only those successors who belong to a certain order of heirs will be able to receive the inheritance. According to the Civil Code of the Russian Federation (Article 1142), the main recipients of the testator's property are his children, spouses, and parents.
In the absence of the main applicants, the rights to receive possessions pass to the next circle of close relatives: brothers, sisters, grandparents (Article 1143 of the Civil Code of the Russian Federation). Most often, it is these two categories of persons who accept property after the death of their relative.
Please note the special right of a spouse when inheriting: a husband or wife can receive half of the property if it is recognized as jointly acquired.
For example, the inheritance will go to the mother after the death of her son, as well as to his children and wife. The unborn child has the right to a compulsory share. In this case, the distribution of the inheritance is postponed by the notary until the baby is born.
By will
The Civil Code of the Russian Federation also establishes a second method for the emergence of inheritance rights: by will. In this case, the testator can give any of his property to a certain circle of persons (Article 1120).
A will is drawn up during the citizen’s lifetime in a notary’s office and expresses his will in relation to all acquired property. In the document, the testator has the right to indicate:
- Any one or more recipients of your inheritance.
- List of those unworthy of the right to join who will not be able to accept inheritance.
- Conditions for receiving inherited property.
- Additional receivers in case the main applicant refuses to accept the inheritance.
The testator may indicate the share of each recipient in the property. In the absence of this clause, the inheritance mass will be divided equally among all applicants.
Despite the free will of the will, Article 1149 of the Civil Code of the Russian Federation provides for the right to an obligatory share for the following categories of relatives:
- Disabled or minor children.
- Disabled parents and spouses.
Disability is an opportunity to receive a share in the property even if there is a will for other persons. For example, a son can write a will for his wife. An inheritance after the death of a son can also go to a mother if she is incapacitated due to age or disability.
The size of the mandatory share is 50% of the part that is due to the recipient by law.
Inheritance to a son by law
Regulates the right and order of inheritance after the death of a son (other relative) according to the law of Ch.
63 Civil Code of Russia. Articles 1141-1145 list heirs in 1st, 2nd, 3rd and subsequent order. The parents of a deceased child belong to the 1st stage, as do the spouse and children. This also includes the grandchildren of the testator, as well as their descendants. But grandchildren can inherit if the sons of the testator die. In this case, property is inherited by right of presentation (Article 1146 of the Civil Code).
Inheritance by law occurs if the testator did not leave a will. According to this method of inheritance, there is no right to an obligatory share. If the father/mother takes over the inheritance after the death of the son/daughter, then this fact is not important. Since the right of parents to the inheritance of a deceased son/daughter gives priority to inheritance.
Attention! Subsequent queues will be able to present their rights only if there are no relatives of the 1st queue.
Article 1141 of the Civil Code of the Russian Federation “General Provisions”
Read also: How to inherit under a will
Article 1142 of the Civil Code of the Russian Federation “Heirs of the first stage”
Article 1143 of the Civil Code of the Russian Federation “Heirs of the second stage”
Article 1144 of the Civil Code of the Russian Federation “Heirs of the third stage”
Article 1145 of the Civil Code of the Russian Federation “Heirs of subsequent orders”
Article 1146 of the Civil Code of the Russian Federation “Inheritance by right of representation”
Inheritance after the death of a son by law
There are two ways to accept inherited property:
- actually accept the inheritance (use it as your own, protect the property from encroachment by third parties, pay off the debts of the testator);
- carry out the official procedure for accepting an inheritance through a notary.
The first option of acceptance is not always possible, for example, if there are other heirs, and is not always justified. If the inherited property consists, among other things, of real estate, then actually accepting it in order to be called its owner is not enough.
Real estate requires a procedure for registering the right with the Rosreestr authorities, and in order to re-register from the deceased to the heir, you will need a supporting document - a certificate of inheritance.
To obtain such a certificate, you must, within six months from the date of death, contact a notary (at the place of last registration of the deceased) and submit an application for acceptance of the inheritance.
Other persons who claim the inherited property must do the same.
If the mother is the only heir in the first place, then all the son’s property will go to her.
Will the mother be able to dispose of the property if the deadline for contacting a notary has been missed?
Yes, he can, but only after filing a lawsuit in court to recognize the right to the actually accepted inheritance.
It is important to remember that not only property, but also debts are inherited. In order not to pay debts, the only option is to refuse to inherit. Unfortunately, it is impossible to separate yourself from debts - either complete refusal or complete acceptance.
An application for refusal can be filed with the same notary from whom the inheritance is accepted.
About the testator's property
The estate includes all property that the deceased owned by right of ownership, taking into account the specifics of the division of property of the spouses, as already mentioned above.
Ownership of real estate is confirmed by an entry in Rosreestr. Vehicles must be registered with the traffic police.
To re-register them, you need a document confirming the rights to inheritance.
The same rule will apply to funds held in deposit accounts in banks.
In addition, ownership shares in the authorized capital of legal entities are also inherited. If this is a joint-stock company, then the record about the owner must be changed with the holder of the register of shareholders - the registrar. The basis will be the same document on the right to inheritance, which is issued by a notary.
If you do not contact a notary, problems will not arise only with small movable property, but in order to dispose of all of the above, you will need to go to court.
If there are no applicants in any queue
The legislation also provides for the case when a son/daughter has died, and none of the relatives in the 1st to 7th stages have claimed their rights to the inheritance.
Then inheritance occurs by right of presentation (Article 1146 of the Civil Code). The heirs of the heirs can present this right if the latter died before the opening of the inheritance or together with the testator. Among them there are also three queues:
- with priority, the inheritance passes to the grandchildren after the death of the son;
- 2nd stage - these are nephews;
- Stage 3 includes cousins/brothers.
This inheritance can only be applied if the testator did not leave a will, that is, by law.
It is important to know that the share of the inheritance upon presentation after the death of a son is distributed equally among all “representatives”. And they inherit only the part that their older relative claimed.
The main stages of registering the acceptance of an inheritance
The Russian Civil Code (Article 1153) stipulates two methods for accepting an inheritance - in fact and with the help of notarization. In both cases, the parents will first have to register the right of inheritance to own property after the death of their son. You can arrange an inheritance after the death of your son/daughter by taking some steps.
Article 1153 of the Civil Code of the Russian Federation “Methods of accepting inheritance”
Where to contact
At stage 1, you will need to accept the property left after the death of the testator, and in its entirety.
You cannot receive only part or refuse it, including debts. The actual method of inheritance is used in certain cases:
- inheritance, for example, an apartment, is used after the death of a son/daughter and is adequately supported by parents or other successors;
- the property is safe and secure, ensured by the heirs;
- the son/daughter died, and the father/mother (recipients of the inheritance) assumed the share of the inheritance and all obligations, including debts.
When contacting a notary, you must meet the necessary deadlines for entering into your inheritance rights. The period required for their adoption is 6 months from the day the testator died. In order for parents to enter into rights to the inheritance of their deceased daughter/son, they need to make actual acceptance within the specified time frame or draw up an application on a special form. Moreover, this can be done either in person, by coming to the office, or delivered with a proxy or sent by mail (documents - an application and a power of attorney for the proxy to act - must be notarized).
According to Art. 1115 of the Civil Code, an inheritance case is opened in a notary office located closer to the place of last registration of the deceased or the largest property (for example, residential premises). Inheritance cases can be distributed among notaries, in accordance with the letter with which the surname of the deceased begins.
To find this office and notary, you can go to the region’s website and look at the list with all contacts. A phone call will help clarify where and who exactly is involved in the inheritance matter.
Read also: Search for heirs
The presence/absence of a will is reported by a notary on the day of death of its maker. If the date is uncertain, it will be made public upon the fact that he is declared dead in court. A will can be open or closed. In the first case, acquaintance with him is possible through family ties. In the second, only in the presence of all persons determined by the testator himself before the death.
Article 1115 of the Civil Code of the Russian Federation “Place of opening of inheritance”
Required package of documents
Having moved to the second stage, in order to receive an inheritance after the death of their son/daughter, parents first of all need to obtain a certificate confirming the fact of the death of the testator. And also collect the following documents:
- extract from the house register (last registration);
- a copy of the DM from the Criminal Code;
- a certificate of family composition and all persons registered in the living space of the deceased owner;
Family composition certificate form - a copy of the will;
- papers with proof of relationship between the successors and the testator;
- applicant's passport;
- information about the presence of other applicants for the inheritance;
- plan and explication of housing from the BTI and Rosreestr;
- documents on the testator's property: extract from the Unified State Register or certificate;
- other documents of title for ownership of property (court decision, contract, etc.);
The required package of documents also includes an application filled out in person at a notary's office by the parent who enters into the inheritance after the death of their son/daughter.
State duty upon entering into inheritance
The duty is paid in accordance with the Russian Tax Code (clause 22, article 333.24), since the mother/father’s share in the inheritance after the death of the daughter/son is acquired profit. The amount of the duty established by the state depends on the degree of relationship with the deceased and the size of the inherited property received or its share:
- 1st and 2nd priority (parents, children, spouses, brothers/sisters) - 0.3% of the inheritance valuation amount (not more than 100 thousand rubles);
- the rest - 0.6% of the assessed amount (no more than 1 million rubles).
The law provides for tax benefits. Persons who are heirs are exempt from it:
- living space and at the same time lived on it together with the deceased;
- property of citizens who died in the performance of public duty;
- property of victims of political repression;
- cash on bank deposits, from pension payments and rewards for intellectual abilities;
- insurance payments resulting from death and industrial accidents.
Those who do not pay the state fee include children under 18 years of age and incompetent persons. Disabled people of groups I and II can apply for a discount of 50% of the fee.
Article 333.24 of the Tax Code of the Russian Federation “Amount of state duty for performing notarial acts”
Deadline for inheritance
At the last 4th stage, the notary examines the inheritance case within the six months approved by law.
When it is closed, all successors established by the fact of inheritance are issued a certificate. It confirms the right to accept an inheritance. This document is the basis for re-registering the received property in your name. The six-month period can be extended upon the opening of an inheritance for new persons who have received this right due to:
- refusal of one of the heirs (the period of entry into legal ownership is 6 months from the date of refusal);
- non-acceptance of inheritance by other persons (additional 3 months as soon as six months have passed from the date of death of the owner of this property).
If the deadline for acquiring legal ownership of the property has been missed, and no one has refused it and there has been no failure to accept the inheritance, you can negotiate with the heir so that he agrees to be included in the list of successors.
In the event that the opening of the inheritance did not take place due to the fact that no one showed up or the only successor was late on the date of entry, the property, as escheated, goes into the state fund or into the ownership of municipalities. In this case, the issue will have to be resolved in court. To do this, a claim is filed, but there must be a good reason for the delay (ignorance, serious illness, illiteracy, etc.). The defendants are those who are currently the heir.
Read also: Mandatory share in inheritance
Step-by-step instructions for opening an inheritance case to restore rights without a will and in the absence of disputes:
- oral and written consent of all legal successors, certified by a notary;
- the notary redistributes the shares of the inherited property;
- certificates of inheritance rights issued previously are canceled and new ones are issued;
- re-registration in the state register.
As a rule, the fact of reviewing an inheritance case is decided not by agreement, but in court.
