The statute of limitations for inheritance in 2021 is by law, by will, 10 years

What is the statute of limitations for entering into inheritance?

The statute of limitations begins when a citizen learns that he is entitled to an inheritance or should have known about it.
The period is 3 years. If the heir did not know about the inheritance matter at that time, this does not mean that his right to the testator’s property is lost. Regardless of the period of application, the heir who has valid reasons for his absence has the right to a part of the inheritance. The reasons for his absence must be documented. After the applicants have submitted applications to take possession of the property of the deceased, the notary begins the inheritance case. Its essence is to legally distribute property between heirs. To do this, for 6 months the notary examines the documents provided and examines whether there are any applicants who have not declared themselves. If the validity of the heirs' claims is confirmed, a certificate of the right to inheritance is issued six months later.

The law allows for the concept of actual entry into inheritance (Article 1153). The legality of the action is confirmed by the facts:

Use of personal funds to maintain the property of the deceased.
Payment by the heir of the testator's debts.
Protection of the testator's property from encroachment by other persons.

The decision to enter into inheritance is made in court.

If after 6 months an heir appears who has not declared himself for a good reason in due time, then the issue of redistribution of shares is resolved in court.

The 10-year period allocated by the Civil Code for proceedings with inherited property simultaneously expands the rights of heirs and at the same time limits them. If six months and 10 years have passed, your application to the court to restore your rights will be denied. In practice, it happens that property claimed by “suddenly appearing” heirs is sold several times.

According to the law, the minimum limitation period cannot be less than 3 years and more than 10 years. The starting point for the period in which it remains possible to restore one’s rights and enter into an inheritance comes from the date the case was opened by the notary. In some cases, the starting date may change depending on the circumstances of the case. This may be the day you receive notification of a relative's death or a verbal communication.

The limitation period for accepting inherited property is regulated by Art. 1154 of the Civil Code of the Russian Federation. Within a specified period, the successor, either in the current order or designated by the will, must claim his rights to the property of the deceased. He can do this in two ways - virtually and notarially.

The actual entry into inheritance is convenient in that it only involves performing actions characteristic of the real owner of the property:

service;
operation;
payment of current bills;
repayment of debts, even if they were taken out by a deceased owner.

Notarized acceptance of property requires a mandatory visit to a notary to confirm your rights to inheritance.

The fact is that it will not be possible to register the received property as property without a certificate of inheritance, and it is issued exclusively by a notary in charge of the inheritance case. In addition, the actual entry into inheritance carries risks. There were cases when property was accepted simultaneously by different heirs from the notary and in fact, which entailed subsequent legal proceedings. And their outcome was not always favorable for the successor, who did not turn to the notary.

The time established for accepting inherited property is 6 months from the date of opening of the inheritance. But under certain circumstances, this period can be characterized by different durations.

In case of refusal of inheritance by the successors appointed in the will, the time to declare their rights for sub-designated applicants is also 6 months. But the beginning of its calculation will not be the moment of death of the testator, but the date of refusal. A similar procedure is valid for entering into inheritance by law, when as a result of the abandonment of property by the heirs of the first priority, the right passes to the subsequent ones.

But, if the priority applicants or those appointed by the testator did not refuse, but simply ignored the deadlines for accepting the property, their rights are transferred to other successors within 3 months from the end of the 6-month period.

The date of opening of the inheritance coincides with the day of death of the testator or, if it is reliably unknown, with the date determined in court as the estimated moment of death of the citizen.

According to the law, after the death of the testator it is three years. This should be enough time to restore your capabilities. The limitation period for inheritance for real estate and other property is 10 years - this is the maximum limitation. However, there are nuances here.

If the reason for the omission was violated for valid reasons, then the time countdown automatically opens. If during this time the testator has not shown himself in any way towards the inheritance, then after this period he will lose it completely.

What to do if a citizen nevertheless missed the entire required period? Is it possible to restore it? In this case, there is only one way out of the situation - filing an application with the judicial authority with a claim for restoration of the right to the heritage. This procedure is not simple or quick, so you should be patient.

Important! The heir will have to try to prove to the court that he really had a good reason for missing out. For example, it could be a long business trip abroad in an area remote from civilization, a serious illness, or a successor who did not know about what had happened at all

The limitation period has a starting point. But there can be two options:

if the biological date of death of the testator is known;
if a citizen is declared dead or permanently missing with a court order;

On a note! There is also a third option, which includes the successor not being informed about the death of a relative. Although, notifying all possible heirs about the existing property from the deceased is the direct responsibility of the notary who is involved in this matter.

The statute of limitations for entering into inheritance is 6 months. Upon expiration of the period, the recipient loses the opportunity to acquire the property of the deceased. The right is transferred to the next recipient.

In the absence of relatives, spouse and dependents, the right to accept the property of the deceased owner is transferred to the state (escheat).

If heirs are identified after the specified period, the recipient must confirm his rights in court. A claim may contain one or more claims. For example, I ask you to extend the period for accepting an inheritance and/or recognize ownership.

Procedure for calculating the limitation period

Claims in cases related to inheritance issues are accepted for consideration by the courts in accordance with Art. 196 of the Civil Code of the Russian Federation, for 3 years from the date of the event in connection with which the claim is filed. In the vast majority of cases, the starting date of the time count in such cases is the day of death of the testator. But there are cases when this rule does not work and the starting point for the limitation period is determined by another date.

Such situations arise because the determination of the limitation period is regulated by Art. 191 of the Civil Code of the Russian Federation, according to which the beginning of the calculated period is considered to be the calendar day following the day of the event that occurred or the revealed fact for which the claim is filed.

The event in such cases is either the day of death or, under certain circumstances, the day the court makes a decision declaring a person dead. But the revealed fact may be the failure to receive timely notification of death or notification of the part of the deceased’s property due by law.

We suggest that you familiarize yourself with: Statute of limitations for bringing to administrative liability

According to paragraph 1 of Art. 192 of the Civil Code of the Russian Federation, the limitation period ends on the corresponding date and month of the last year. For example, if a relative died on March 15, 2002, then the last day to challenge the decision on infringement of rights will be March 16, 2005, provided that all procedures provided for by law are followed.

If this procedure was violated and the heir learned about his right to inheritance not after 6 months, i.e. not until 09/16/2002, but, for example, only 02/10/2003, then, in accordance with Art. 200 of the Civil Code of the Russian Federation, the statute of limitations for entering into inheritance will be counted from this day and will end on 02/11/2006.

If the statute of limitations in an inheritance case has expired, then if there is a good reason, for example, if a person was on a long business trip and could not be notified of the death of a relative in time, the heir has the right to file an application with the court to restore this period. But this becomes possible only if the inheritance was not previously accepted by him, either legally or in fact. However, such an application must be submitted to the court no later than six months after the expiration of the reason for missing the deadline.

Inheriting the property of deceased relatives very often becomes a cause of discord between loved ones. Therefore, despite the fact that the procedure for its adoption is written out in very detail and clearly, it is better for relatives entitled to inheritance to agree on all the nuances of inheritance among themselves, rather than bring the matter to court.

Remember that the acquired property, no matter how expensive it may be, may turn out to be a mere trifle in comparison with the loss of friendship and help from relatives.

Remember

The statute of limitations for inheritance is a period established by law for judicial protection and restoration of violated rights.
Most claims are filed within the general period - within 3 years from the moment the person knew or should have known about the violation of his rights and about the proper defendant in the claim.
The limitation period can be extended if the reasons for the omission are proven valid, but it cannot be more than 10 years from the moment the person learned of the violation of his rights.
A special period (preventative, i.e., not subject to restoration in case of omission) is established for submitting demands for restoration of the period for accepting an inheritance - 6 months from the date of termination of the reasons for omission.
A special limitation period applies to claims to invalidate a contested will/renunciation of inheritance - 1 year from the date of announcement or from the day the plaintiff learned of the reasons for such a statement.
The moment the flow begins depends on the requirements and the circumstances of the case.
Does not apply to requirements for establishing facts of legal significance, for recognition of property rights in connection with the actual acceptance of an inheritance and does not apply to those listed in Art. 208 of the Civil Code of the Russian Federation requirements.
There is no statute of limitations when allocating a marital share and recognizing the surviving spouse's right of ownership to this share.
Demands for the allocation of a share of the heir after the division of the inherited property and demands for recovery of damage and moral harm caused by the testator may be filed indefinitely.
Even if the deadline for filing a claim in court has long expired, the court does not have the right to refuse to accept the application and consider the case. A refusal can only be issued upon the application of the other party to the dispute.

Concept and purpose

The transfer of rights to the property of the deceased is carried out on the basis of his will or by law if there is no will. The law prescribes a specific algorithm for the distribution of inheritance by kinship.

There is a special category of citizens who receive a mandatory share of the inheritance upon acceptance, regardless of whether they are mentioned in the will or not. We are talking about the children of the deceased: marital, illegitimate, recognized and unrecognized (if the fact of paternity is documented). The transfer of property is carried out by a notary between the participants in the notarial case who have officially declared themselves.

After the death of the testator, relatives claiming property rights write applications to be recognized as heirs. Within 6 months, the notary reviews the inheritance case, if necessary, requesting additional documents confirming the family relationship with the deceased.

Features of inheritance by will

Every citizen can make a will. Thus, the testator, during his lifetime, can decide who, after his death, will receive all or a certain share of the acquired movable and immovable property.

The will must be notarized and drawn up in two copies.

The testator may include in the will:

people who are not relatives;
various private companies;
state organizations.

But we should not forget that even with a will drawn up, a certain part of the property - the obligatory share - is due to minor children, disabled spouses, parents and dependents not specified in it.

Limitation period for inheritance of real estate

/ Inheritance / Limitation period for inheritance of real estate

When we talk about the time frame associated with inheritance, 6 months for accepting an inheritance comes to mind. Many heirs are absolutely sure that after the expiration of this period it is no longer possible to resolve controversial issues. But that's not true.

In this article we will understand what the statute of limitations is, how long it lasts and what it is needed for.

So, everything is clear with the duration of the limitation period in inheritance cases - it is at least 3 years, but does not exceed 10 years. All that remains is to figure out the beginning of the countdown and the procedure for calculating the limitation period.

In the vast majority of cases, the countdown begins on the day after the opening of the inheritance (that is, the day after death or after the court decision to recognize the testator as deceased comes into force).

This calculation is used in simple inheritance cases in which all heirs participate, notified of the death (or recognition as deceased) of the testator, the presence (or absence) of a will, and the procedure for dividing the inherited property.

For example, after untimely receipt of notification of the death of a relative, after receiving information about the will he left, about a violation of inheritance law, about hidden or illegally appropriated, illegally distributed inherited property.

If the expiration of the limitation period falls on a weekend or holiday, it is postponed to the first working day after the non-working day.

If a person finds out that he has the right to the testator’s property after 10 years, then he has the right to file a claim in court to prove that his inheritance rights have been violated. Such cases are special. Before the meeting, the judge sends a request to the notary office where the case was opened in order to receive all the materials to complete the picture.

During the trial, it is important for the heir to prove that his right was violated. If the judicial authority finds the claims justified, the inheritance case will be reviewed

In this case, it will not matter that the statute of limitations has already passed.

To exercise your right to inherited property, the law establishes a specific period of 6 months. During this time, the heirs must have time to prepare all the necessary documentation and send an application to the notary's office.

The notary will need the following documents:

Successor's passport.
A certificate establishing the fact of the death of the testator.
A document confirming relationship with the deceased.
Will.
Papers for property owned by the deceased.
A certificate indicating the address where the person was living at the time of death.
Receipt confirming payment of the state duty.

The application and papers must be submitted within six months, and the inheritance certificate is issued only after this time.

Recovery

There are situations when successors miss the deadline for submitting an application to the notary's office. In this case, there is a chance to restore it. You can do this in two ways:

Having agreed with the remaining heirs and concluded a peace agreement with them, which is then handed over to the notary.
File a lawsuit with a request to restore the deadline. If the judge is on the plaintiff’s side, he will make a decision, a copy of which must be given to the notary’s office. In this case, the consent of the other successors is irrelevant.

If the heir appeals to the judicial authority, he must prove that he missed the deadline not on his own initiative. The law does not define which circumstances are considered valid. Respectfulness is determined by the judge at his own discretion.

Most often it is recognized if the citizen:

Didn't know that the testator had died or indicated him in his will.
He was under treatment for a long time due to a serious illness or being in a coma.
I was on a long business trip.

Simply coming to court and explaining the reason for missing the deadline will not give a positive result.

It is important for the heir to collect evidence in the form of documents and testimony. For example, to confirm a serious illness, you will need a medical report; when traveling on a business trip, you will need a certificate from your place of work, and so on.

Thus, the limitation period is a minimum of 3 years and a maximum of 10 years. The law allows 6 months to register an inheritance.

Resumption of deadlines

When the limitation period for an inheritance has passed, the heir can go to court with an application to restore the period. If the citizen has actually taken ownership, then such an application will not be accepted. The restoration procedure is applied only when there was no receipt of the inheritance either actually or documented. However, in this case there is a certain condition: the reason for missing the inheritance must be valid.

They are opened in notary offices, where the specified time restrictions are strictly observed. In addition, notaries are entrusted with the responsibility to take measures to facilitate the entry of heirs into rights and respect their interests in the process.

Factors that force recovery

The heir is not deprived of the right to receive a share of the property of a deceased relative if he does not appear before the notary in due time to declare his rights. Restoration of rights can be achieved through the court by writing a statement of claim and submitting documents confirming that its absence was caused by good reasons.

Certificates of acceptance of inheritance that have been issued are invalid. The entire inheritance mass is distributed anew, taking into account the emergence of another applicant.

The legislation does not provide an exact list of factors by which it is possible to restore rights, but during the consideration process the court may satisfy the claim if there are good reasons:

It was not possible to obtain information about the death of a relative.
Lack of information about inheritance.
Long-term illness, stay in a coma.
Living in another country.
Staying in places of detention.

We suggest you read: Is it possible to claim an inheritance for a non-privatized apartment?

Regardless of the reasons for the absence of heirs, the court considers each specific case subject to the provision of accompanying evidence in the form of official certificates, confirmations, eyewitness accounts and other things.

What does entering into an inheritance actually mean, read the article “

How is the procedure for actual inheritance carried out?

».

Is it possible to refuse an inheritance? The answer is here.

How is the statute of limitations for inheritance calculated?

According to the law, the statute of limitations for an inheritance case is at least 3 years and should not exceed 10. Calculation begins with the opening of an inheritance case. It opens the day after the death of a citizen or after the fact of his death is established in court. The fact of death is established by the court, for example, if a person goes missing.

The beginning of the calculation is made in cases where the testator has left a will, all claimants to the property have been notified of the death of a relative and have written statements stating that they are claiming their share.

Those who did not manage to meet the deadline have the opportunity to sue their part of the property, since the legislation, having determined the limitation period for inheritance, made it possible for the heirs to receive what was bequeathed to them or due by law.

Counting order

The limitation period is calculated from 2 positions:

From the moment when the heir learns or should receive information about the right to a share in the inheritance.
From the day of the death of a relative.

The notary opening the inheritance case must find out whether all the heirs have been found and notified of the death of the testator. If at least one of the applicants is not notified, the statute of limitations begins to count for him. The limitation period is calculated continuously, unless force majeure occurs. The Civil Code stipulates the possibility of interruption, suspension and renewal of the term.

Force majeure situations include, for example, those when a citizen cannot defend his rights while being seriously ill. As soon as the obstacles disappear, the statute of limitations continues to run. In the final calculation, time periods with obstructive situations are cut out. The presence of all obstacles must be documented.

Citizens often confuse two concepts: the period for accepting the property of the deceased by right of inheritance and the statute of limitations. It is necessary to distinguish between them, since, despite the fact that they are interrelated, the limitation of periods is established to achieve different goals. Acceptance of an inheritance within 6 months implies the period of entry into inheritance.

6 months is enough time to document the relationship with the deceased. If he left a will, this simplifies the procedure for entering into an inheritance, since the will of the testator is the basis for the distribution of the inheritance.

The statute of limitations for inheritance means the possibility of “late” applicants entering into the inheritance.

Restoring missed deadlines

The notary is obliged to notify all potential heirs. Sometimes a relative lives in another country, is on a long expedition, or does not maintain relationships with family members.

The period for entering into an inheritance can be restored within the next 6 months from the moment when the obstacles to entering into an inheritance are removed. To do this, an application is submitted to the district court at the place where the inheritance was opened or at the location of the property.

You can avoid the judicial procedure by using the so-called conciliation period. It will be necessary to obtain written, notarized consent of all heirs to include a new successor in their ranks.

You will learn about all the nuances of registering an inheritance through the court by reading

In court, it is possible not only to restore the missed six-month period, but also the claim period. To do this, you need documents that confirm the validity of the pass.

What is the statute of limitations for inheritance?

The legislation provides for the possibility of submitting a request not only during a personal visit to the branch, but also through a representative or by mail. In the latter option, the number of contacting the notary will correspond to the number of sending the letter - in this case, it does not take into account when the documents actually arrive at the office.

If the outcome of the case is positive, the heir receives a certificate that confirms his right to use the property of the deceased

However, it is important to understand that in the future this fact can be disputed by any interested party - usually these are relatives who do not want to come to terms with the fact that they did not inherit anything

If one or more heirs were not notified of the opportunity to purchase the inheritance, then the issued certificate of title to the property may be invalidated during court proceedings

The three-year limitation period is reflected in Article 196 of the Civil Code of the Russian Federation. However, this provision contains a caveat - this applies to all situations, without taking into account specific conditions.

That is, if there are certain cases in an inheritance case, then the time frame for filing an application can be significantly expanded. After going to court, the plaintiff must provide compelling reasons for reinstating the deadline.

Such additions and conditions of the current legislation, taking into account the orders of judicial practice, often lead to the fact that many interested parties and close people of the testator, after many years, try to challenge the registered certificate.

In search of justice and compensation, they went to court. The government could not ignore the current situation for long, so on September 1, 2013, the legislation of the Russian Federation was supplemented with an additional clause, according to which the limitation period was set at 10 years.

Separately, it is worth considering the time frame for inheriting obligations, since often the heirs acquired not only the property of the deceased, but also his debts. At the same time, applicants are not always aware of such “surprises” in front of third parties or credit institutions - they could suddenly open up after a sufficiently long time has passed after taking ownership.

It is worth noting that a citizen is liable for the debts of the deceased only within a certain amount - no more than the amount of the value of the acquired property. That is, the creditor cannot force the heir to pay all debts if their size is greater than the appraised value of the property received.

Debts are distributed among all applicants who have taken ownership and have the appropriate certificate. The statute of limitations for debt collection by a creditor ranges from 3 to 10 years.

If the allotted time is missed

The Civil Code stipulates a long period for the emergence of new claimants to the property of the deceased. There are times when these deadlines may be missed. A person who learns about an inheritance cannot immediately appear to declare his rights for objective reasons. The legislation allows the resolution of the inheritance issue in court, even if the time provided by the Civil Code has been lost.

A citizen who learns that he is entitled to an inheritance, after the expiration of the 10-year period established by law, can file a lawsuit in order to prove that his rights have been violated.

Such applications are considered by the court in a special procedure. The judge to whom the case is transferred checks the compliance of the format of the application and its content with legislative norms, and the composition of the attached documents. If no claims arise against them, he sets a date for consideration of the case.

During the process, the circumstances due to which the heir did not declare himself and the reasons that prompted him to do so are clarified. Only the court determines the true validity of the applicant's arguments. If they are found to be valid, the inheritance case is subject to review, regardless of how many years have passed since the death of the testator.

Based on Article 1072 of the Civil Code, the court restores the missed limitation periods and adds the citizen to the list of heirs if the following conditions are met:

The deadline was missed for objective reasons.
There is an evidence base in the form of documents confirming the rightness of the applicant.
The citizen filed a claim no later than six months after he learned that he was entitled to an inheritance or after the reasons that prevented him from filing the claim had disappeared.

All certificates of ownership of the testator’s property issued earlier are canceled, and the distributed property again becomes the common inheritance mass. The court determines measures to protect the newly-minted heir and includes him among the legal successors.

Having recognized the right of the new heir, the court re-determines the shares due to each. There are many nuances to the distribution of property after restoration. For example, if there were no heirs other than him at any level, then all the property went to the state. In this case, the defendant is the local municipality. He is obliged to return to the citizen the property due to him.

Why do you need a certificate of inheritance, read the article “

We invite you to read: Seizure of an account by bailiffs: how to return money to the debtor’s bank account

How to draw up and receive a certificate of inheritance

».

Find out how to search for an inheritance here.

Where to contact

After the death of a citizen, heirs can find out whether he left a will on the distribution of his property. An official will is drawn up in a notary's office at the place of residence of citizens, so the heirs can easily find out about its contents from the notary. If the deceased relative did not have time to write it, then the property is distributed according to the law. The notary opens the inheritance case, and after 6 months, all heirs are issued a certificate of inheritance.

A claim can be filed by:

An heir who believes that his rights have been violated during the distribution of shares.
Relatives who were not included in the will.

The court resolves all issues that the relatives were unable to resolve peacefully, acting on the basis of legislation and taking into account only real documents confirming the validity of the statements of the offended relatives.

Applications for restoration of the right to inheritance are considered by the district court. In the application, the citizen must describe the reasons why he did not attempt to declare his rights to inheritance in a timely manner.

Information that must be provided in the claim:

The date of receipt of information about the death of the testator.
About the reasons for the absence of a relative at the time of death.
Reasons why the applicant did not claim the inheritance.
What are the grounds for challenging a will?
Links to articles of legislation according to which he has the right to challenge an inheritance case.

The plaintiff petitions to restore the statute of limitations from the moment he learned about the death of a relative or about the inheritance due to him. He prescribes a list of documents that he submits for consideration by the court. On their basis, the evidentiary basis of the claim is built.

It is preferable if a probate lawyer takes part in drawing up the claim. He will be able to correctly advise which legislative acts need to be referred to in a particular situation. The application must present only real facts that have become an obstacle for the plaintiff to participate in a timely manner in the procedure for distributing the inheritance.

Proving incapacity

Forensic medical examination is very important to resolve this issue. The only difficulty that may arise here is that lawyers and psychiatrists disagree on the determination of the adequacy of the person who died to execute the will.

Medical professionals determine the presence of any pathologies in the psyche, type, development and progression. And all this is done at the moment when the will is drawn up. The medications that the deceased took will also play a significant role here. This conclusion will be based on medical documentation, certificates from health care institutions; it is important that the deceased is registered with a psychiatrist at the PND at his place of residence. Otherwise, there is almost a high probability that your expectations will not be met.

Witnesses and their testimony will relate to direct evidence that has the right to influence the outcome of the case. Among such persons are neighbors, in relation to whom certain words were expressed from the deceased, various manifestations of mental factors and other points.

Is it possible to challenge the decision?

The legislation of the Russian Federation provides for the possibility of challenging an inheritance.

So, in order to recognize the issued certificate as invalid, the following reasons are distinguished:

irregularities in paperwork;
an incorrectly drawn up will;
revealing the heir's unworthiness;
establishing new facts about the testator’s activities;
identification of new persons claiming inheritance;
Obviously, this is not a complete list of reasons that are considered sufficient for going to court to challenge an inheritance case.

The trial includes the following procedures:

evidence of a family or marital relationship with the deceased;
establishing the fact of cohabitation with the testator;
confirmation of actual acceptance of property;
extension of the time frame for entering into inheritance.

If there are several applicants, then they can come to an agreement to pay some compensation in favor of one of the heirs for abandoning their share. In this case, mandatory notarization of such a procedure will be required. Moreover, the registration must be carried out in written format.

As judicial practice shows, this aspect is often not fulfilled. In this regard, the Government has developed the possibility of restoring such a time frame to ensure the protection of the interests of citizens who, for good reason, were unable to immediately issue a certificate or challenge the right to it.

To exercise rights, you must correctly install

time of opening of inheritance

Find a sample application for actual acceptance of inheritance here.

If you missed the deadline for accepting an inheritance, see what to do in this publication.

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How to file a claim in court to restore the inheritance period?

A statement of claim for restoration of the period for accepting an inheritance always has attachments, approximately these are the following documents:

evidence of good reason (medical certificates, etc.),
evidence of heredity,
copies of the property inventory and valuation act,
a copy of the application and all attachments for the defendant,
receipt for payment of the court fee.

USEFUL: watch a video with additional tips on drawing up a claim, and also study a sample statement drawn up by our lawyer

Limitation period for reviewing an inheritance case

The law provides for a person’s right to review the decision on the division of property that occurred after the death of relatives. The procedure for restoring property rights consists of filing a lawsuit in court to restore the period for entering into inheritance. In the statement of claim, the citizen must indicate the circumstances that prevented participation in the division of property and a request for a review of the property rights of the relatives who accepted the inheritance. The appeal to the court occurs within the new period (six months counted from the date of completion of the inheritance case).

During the period allotted for the division and registration of inherited property, the leading role in organizing the process is given to the notary. The quality of the distribution of the hereditary mass largely depends on his actions, after which no controversial issues will arise. The invalidation of documents in judicial practice is often caused by the negligent attitude of officials to notify relatives.

Within the limitation period, there are cases of collision within the same authority. When separating the concepts of legal and actual inheritance, the second process is the judicial determination of the right to inheritance.

The actual entry into the inheritance is confirmed by the following documents:

Spending your personal funds (fees, legal services, utility bills) for the maintenance of the inheritance;
Payment of the deceased's obligations from personal funds;
Receiving funds from an inheritance;
Registration of ownership rights to the property of the deceased.

During such proceedings, the court re-checks the absence of other applicants. After such a decision, restoring your rights will be extremely problematic.

Our lawyers know the answer to your question

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The key reasons for going to court are the following conflict situations (subject of dispute):

recognition of one of the successors as unworthy of inheritance (for example, a relative became the organizer of a crime against the testator. The latter, under threats of physical violence, was forced to write a will for an apartment in favor of the client);
a new redistribution of the testator's property (Sidorov, in his last will, divided the acquired property between his mother and wife, bypassing his disabled daughter, who had been supported by him all her life. The authorized bodies filed a claim for the allocation of a mandatory share to the legal successor - the daughter. The court recognized the demands. As a result, the property mass was divided into 1/3);
regarding the will as invalid (citizen S.Yu. left a testamentary disposition according to which, after her death, all property would be transferred to a charitable foundation. The son of the deceased woman, the legal heir, opposed this decision and filed an application in court. Certificates from a medical institution and a previous court decision recognizing the mother as having limited legal capacity due to senile dementia);
restoration of inheritance preferences (extension of the inheritance period occurs if it is missed for valid reasons. These include serious illness, continuous care for a seriously ill relative, objective reasons - studying abroad, staying in a correctional institution, military service. For example, Semenov’s son serves under contract in the RF Armed Forces. The military unit is located in remote areas of Siberia (no mail, no telephone messages). There were 4 years left before the end of the son's service. The father died suddenly at this time. The country house and apartment went to the sister, as well as shares in the Republic of Belarus. The latter sells the property without notifying the legal heir of the first order. Upon completion of service, the serviceman returns home and files a claim in court).

The above list of possible disputes is not exhaustive.