The distribution of the inheritance of a deceased person occurs among the direct heirs by will or by law. Typically, the property of the deceased is divided among close relatives. What to do if there are none? In this case, you need to start looking for distant relatives.
In the absence of a will, the task becomes much more complicated. This document usually specifies all relatives and the conditions for dividing the property of the deceased. If there is no will, then current legislation provides for the distribution of the property of the deceased to all legal heirs.
Moreover, the distribution does not depend on the order of priority, the presence of relatives with obligatory shares, their residence and other factors. Close family members do not always find out in a timely manner about the death of a relative or that he has property that is subject to inheritance. How to find the heirs of the deceased?
Why is it necessary to look for the heirs of the deceased?
If citizens, for various reasons, do not know that they have become the heirs of a particular person, within a three-year period (the statute of limitations), they have the right to apply to a judicial authority with a statement of claim to restore the missed period.
In order for the application to be granted, the citizen must provide the court with evidence that he missed the deadline. Evidence may include documents, correspondence, and other papers confirming the veracity of the heir’s testimony and his right to receive the property of the deceased (documents on kinship, death certificate of the testator).
If the heir does not know that his relative has died (or that some citizen bequeathed his property to this person), a search for such a person occurs. Most often this is due to the citizen being in another country or the fact that he did not know about the existence of the will (or that the heir is indicated in the document).
How to find out if a deceased person has heirs?
It often happens that after the sudden death of a citizen it turns out that he does not have a will, or his whereabouts have never been established.
In such a situation, you should start searching for a document or next of kin. If the paper is never found, then children, husbands (wives), mothers and fathers will receive the inheritance.
All property of the deceased will be transferred according to the order established by current legislation. But according to a will, for example, property is not distributed among all relatives, but can be left to only one person.
To find this important document, you first need to know that it is drawn up in two copies. One of the copies must be kept by the testator, and the second by the notary. Each copy must be notarized, otherwise they will not have legal force.
As a rule, you should look for such a document at the home of the deceased testator. Often the paper is stored in a safe or cabinet with valuable documents.
If, as a result of a lengthy search, the will has not been found, then you need to immediately go to a notary. The question immediately arises: where to find this authorized official?
The first thing you should do is contact the notary office, an employee who works at the place of residence of the deceased. If he does not have the will of the deceased, it is recommended to contact another notary. Sometimes it happens that in large cities the responsibilities are distributed among several notaries, so you will have to visit each of them.
When visiting an authorized person, you should have the following documents with you:
- passport;
- death certificate of the testator;
- documents confirming relationship with the deceased.
It often happens that it is impossible to find this important document. This usually happens if the deceased did not have time to make a will. It is recommended to make a formal request to the notary chamber of the district or region.
The responsibilities of this structure include registration and recording of all transactions made by local notaries. To obtain all the necessary information, it is important to go to them in person.
If you wish, you can simply send a request. To do this, you must send all the required documents confirming the relationship. They will verify your identity. It is also important to provide a death certificate of a close relative who is the testator.
After processing the sent request, the person who submitted it will definitely receive a response, which will indicate that:
- if a will exists, and the person is not registered in it as an heir, then this will be indicated in the response received;
- among other things, you should remember that all the names of the heirs are strictly confidential information that is not subject to disclosure. For this reason, it is impossible to know exactly who is the heir to a particular property.
Features of searching for legal heirs and heirs under a will
As a general rule, the heirs are searched for by the notary conducting the inheritance case. He is obliged to notify of the opening of the inheritance all persons who are indicated in the will or are the closest relatives of the deceased.
If the notary knows the addresses where the specified citizens live, he must inform them about the inheritance in writing. If the addresses are unknown to him, he is obliged to contact the relevant authorized bodies and publish a wanted notice for the citizen.
Some notaries refuse to look for heirs. This is due to the fact that their direct responsibilities according to the law do not include searching for people, and they are not paid for this work.
In this regard, it is best to look for heirs for the citizens themselves (for example, when purchasing residential premises or land).
The options for finding heirs are as follows:
- Search for relatives and friends.
- Visiting places where the potential heir lives, studies, and works.
- Search for a citizen on social networks.
- Submitting a wanted notice for a person.
- Appeal to private detectives searching for citizens.
Find out if there is an open right
Many successors think about how to find out whether there is an inheritance left after a deceased person. In Russia, there is no provision for the inclusion of a will in the general register, which could be used to determine the existence of the property being transferred.
To establish the existence of a will, you will need to conduct an inheritance search yourself. This must be done as quickly as possible, since it is permissible to declare your rights within six months after the opening of the inheritance.
A second copy of the will can make the search easier. Documents are duplicated during registration. In this case, the first remains with the notary, and the second with the testator himself. Therefore, you can start the search from the apartment and personal belongings of the testator.
Not all testators keep the security at home. Many people prefer to use the services of banks and safe deposit boxes.
The notary is obliged to inform about the right of inheritance only if the information about the legal successors is known to him. Other persons who are not included in the will must think independently about their well-being.
If the address of residence, place of work or other data has changed, the notary will not search for the heirs. He can send a letter to the specified address and wait for a response.
In the absence of a will, no search is carried out at all. To join, you will need to notify the notary yourself within six months. The decision is made in accordance with the number of people who applied.
Features of searching for heirs of real estate
When buying an apartment, you need to find out from the seller about the presence of heirs to the property. In addition, you should find out why the seller is getting rid of the residential premises.
If the appropriate actions are not taken, legal heirs may appear, and the buyer will have to prove his rights in court. Therefore, you should request an extract from the house register, information about previously registered citizens, and talk to your neighbors.
If such persons are found, it is necessary to inform them about the sale of the apartment and find out if they have any objections regarding the sale of real estate. Then you need to take a document (extract) from the Register confirming the existence of rights to the acquired real estate. If within a few years a legal heir appears, in court such a document will serve as a weighty argument in favor of the applicant’s position.
If the heir is found, but has no claims to the specified property, it is necessary to take a notarized written document from him. It should contain the following information:
- the applicant was aware of the death of the testator;
- the heir knew about the date of opening of the inheritance case;
- The citizen has no objections to the inheritance of the deceased’s property by other relatives (heirs) and the sale of this property.
If no heirs are found, it is best to sign a document with the seller, according to which, in the event of discovery of other persons laying claim to the property being sold, the seller will bear all costs of disputes with them. This will allow you to get rid of unnecessary expenses and reduce the risks of entering into a transaction with fraudsters.
Good to know:
- What is better - a will or a deed of gift for an apartment?
- Pros and cons of a will for an apartment
- How to draw up a deed of gift for an apartment without a notary
With the help of relatives
Many heirs do not want to look for relatives who will share with them the property required by law. If communication with some people is lost, then the inheritance is not transferred according to the law. In this case, you can find out about the availability of property only after its privatization and sale.
If an heir who was not notified sues, he has a chance of winning. The notary must be able to redistribute the inheritance on the basis of the document. Then people who did not report the property being transferred will give away the illegally acquired property.
Also, the search for heirs by relatives is carried out if the property is divided into shares among several persons. Then the application is made without a will on the basis of legal inheritance. This will require collecting a large number of papers.
With normal relationships between heirs, it is possible:
- identifying legal successors through a notary;
- submitting a request to the notary's office about heirs;
- notification of persons related to the inheritance;
- clarification of your own data;
- discussion of a meeting for registration and division of property.
As a result, several people will be able to apply for inheritance.
The refusal is completed by a notary who reviews the case, and if the person cannot do this on his own, a representative is hired who must have a notarized power of attorney
After this, one person can handle the inheritance registration. He must obtain a certificate of determination of property, sell it and divide the funds depending on the share of each relative.
Features of searching for heirs abroad
Situations often arise when heirs live in foreign territory. In this case, the search for heirs is carried out by contacting international authorities. First you need to prepare all the necessary documents in our country, and then send them there.
Inheritance will be carried out according to the rules established by the legislation of the relevant country. If the testator lives abroad, a Russian citizen will also be able to receive his property in accordance with the requirements of the foreign state.
Search by last name
Searching by last name and basic details of the deceased can be the most effective. Any property registered to him can be found in this way, however, property that is not subject to registration cannot be found in this way.
How to implement
There are several ways to find property:
- Hire an inheritance search specialist.
- Find it yourself.
- Carry out a search through a notary.
On your own
The most inexpensive way. It will be effective if there is at least some information about the testator’s property, which must be documented.
Through a notary
The notary can make appropriate requests to banks and other organizations. The cost of searching will increase significantly, but at the same time its duration will be reduced and efficiency will significantly increase.
Is a notary required to do a search? The notary’s obligation to search for property included in the estate is not established by law. That is, in fact, he is not obliged to carry out search activities.
Specialists
An industry professional knows what requests to make, has the right contacts, and has the right skills.
This will significantly increase search efficiency, however, the cost will increase significantly.
How is the inheritance divided among first-degree heirs? The answer is presented in the article “How the division of property occurs between heirs of the first stage.” You can find out whether the loan is inherited here.
Features of searching for the heirs of a deceased debtor
Situations often arise when the heir, along with the property of the deceased, receives his debts. Therefore, they rarely seek to declare to the bank their intention to repay the deceased’s loan. In addition, there are cases when the heirs have no idea that the testator has debts. In this case, the lender needs to perform the following steps:
- contact a notary office that deals with specific inheritance matters;
- write a claim on behalf of the creditor (in accordance with the provisions of Article 63 of the Fundamentals of Legislation on Notaries). It must indicate the amount of debt, the reasons for the debt;
- get a response from a notary. If the heirs are discovered, the employee of the notary office will provide the specified information to the applicant along with information about the inheritance, which may be subject to foreclosure if the heirs refuse to repay the debt.
Another way is to file a claim in accordance with the provisions of Article 1175 of the Civil Code. It must indicate as a defendant the notary who disposes of the property of the deceased. In this case, when heirs are found, they will become the proper heirs.
Most often, the heirs themselves find out about the emergence of the right to receive the property of their relative (or another person who indicated these persons as heirs).
If there are no heirs (or they do not know about the death of their relative or testator), a notary is looking for them. But not all notaries search for citizens, so it is best to find out the information yourself.
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Another way to determine whether I am an heir by last name
If the deceased did not leave a will, his property will be distributed to his legal heirs (intestate succession). The Civil Code divides heirs into 8 lines, from the closest to the most distant relatives. If you are a blood relative of the deceased, you have the right to inheritance. Moreover, the higher your line is (for example, you are the wife, child or parent of the deceased), the greater your chances of receiving an inheritance without leaving anything to relatives from the next line.
When opening an inheritance, the notary must notify relatives who can claim the inheritance about the inheritance. But usually notaries ignore this need and, at most, publish an announcement in the media, considering it a notification. In most cases, this is not enough. Notaries do not want to search for heirs for free.
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