Hereditary transmission - what it is, differences from the right of representation, how the transition occurs according to the Civil Code of the Russian Federation and other useful information

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When to Apply Inheritance Transition
Transmission order
Factors under which transmission inheritance occurs
What you should know

Hereditary transmission is used by a notary in cases where the death of the main heir is established, who has not entered into the legal rights of ownership of the estate transferred to him by the testator. In this extraordinary case, inheritance by right of representation and hereditary transmission come into force when the inheritance mass goes to the applicants specified in the will. However, the right of representation is very confusing, and not everything is so simple, so let's talk about inheritance by hereditary transmission in a little more detail.

The importance of opening an inheritance

The date of opening of the inheritance is extremely important for all subsequent actions related to the transfer of property rights to the heirs. Russian law recognizes this date as:

The day of death of a person, recorded in a medical report.
The day specified in the court ruling declaring the citizen dead. If there is no date in the document, the date the decision comes into force.

This date is used to count the time within the six-month period for accepting the inheritance.

Another important component of opening a probate is the location where the action takes place. Both to accept an inheritance and to refuse it, you need to contact a notary at the last place of residence of the testator.

Registration procedure

With hereditary transmission, inheritance is entered into on a general basis. You need to submit an application to the notary where the first inheritance was opened, which the deceased was supposed to inherit. According to Russian law, inheritance must be entered into in six months. Special cases of prolongation of this period were mentioned above.

If, upon assuming your rights, you can receive not only the potential inheritance of the deceased as a result of transmission inheritance, but also his own inheritance, then you will need to submit two applications to the notary offices at the place of opening of each. Accordingly, the timing of the procedure itself will also differ. The countdown of the period required to enter into the inheritance left immediately after the deceased begins from “zero” and is in no way connected with the procedure for entering into an inheritance during hereditary transmission. Thus, the notary opens two inheritance cases at once if the location of the first and second inheritance coincides. If not, then the business will be conducted by two different notaries in different localities.

When applicants did not manage to enter into inheritance on time, they can submit appropriate applications to the court arguing the reasons for the delay and will be recognized as having entered into the inheritance by the court.

The heir may not accept the inheritance due to him. To do this, he needs to write a statement of refusal and submit it to the notary.

Design nuances

The six-month period is determined by law, first of all, to search for all candidates who have the right to the inheritance or its share. This period is also necessary so that potential heirs can make up their minds and claim their rights. If suddenly, after the expiration of the six-month period and the official entry into the inheritance of the existing heirs, new applicants appear, then they can petition the court to receive their share. The inheritance can be redistributed in this case only on the basis of a court decision. If the court rejected the petition of the “missed” potential heir, then he has the right to appeal to a higher court. Such cases are the exception rather than the rule.

When filing a petition, proof of family ties to the deceased is required. If we are talking about a marriage that was not officially registered, then many witnesses and other evidence will be required that the applicant for the inheritance was actually married to the deceased. In this case, there is no specific list of documents, so anything can serve as evidence: from paid utility bills to photographs of a shared vacation. Don't underestimate the importance of witness testimony.

Along with the right to inheritance, the corresponding responsibilities are transferred to its new owner . For example, when inheriting housing purchased with a mortgage, the legal heir is obliged to assume all debt obligations on it.

When receiving an inheritance located abroad, legal action can be resolved based on the legal framework of the relevant country.

A will can be challenged in court. As a rule, the basis for filing an application to invalidate a will may be newly discovered facts or evidence that the will was drawn up by the deceased when the latter was not “of sound mind and sober judgment.” It is necessary to prove that there were violations in the making of the will, that it was written under duress or by a person who was actually incapacitated, even if his incapacity was not officially recognized. If the court found the evidence provided to invalidate the will sufficient, and the appellate court upheld the decision of the first instance court, then the right to inherit by law comes into force.

Video about the inheritance process

https://youtube.com/watch?v=CAsxQeEdhko

The essence of inheritance law

The right to inheritance exists in two main types:

By will, when the will of the testator is expressed in the form prescribed by law.
According to the law, when there is no will and the order of succession of heirs established by law, depending on the degree of relationship, comes into force.

There are eight such queues, starting from the children, spouses and parents of the testator (1st queue) to his disabled dependents who were not included in the previous queues (8th queue).

There are other forms of exercising the rights of heirs by law and by will. Read about this in the material “Inheritance Law”.

Methods of transferring property

The concepts under consideration have significant differences. To understand which method of transferring rights to use, you need to study each option in detail.

According to the general rule, even in Rome, the hereditary mass was transferred to legal successors:

on the basis of a testamentary act;
in law.

In the first case, a disposition of property belonging to the deceased must be drawn up. Such an act is drawn up by a citizen during his lifetime. The fate of the entire property or a separate part of it can be reflected in the document. Currently, this option is used quite often. This is due to the fact that almost all citizens at a young age think about the fate of their property.

As a result of drawing up this document, it is possible to avoid the emergence of disputes regarding the redistribution of property between legal successors. However, sometimes, for various reasons, a person does not draw up a will. This means that the property mass is subject to distribution based on what is reflected in legislative acts.

ATTENTION !!! Now the legislator provides for the existence of eight queues. Similar rules apply in the Republic of Belarus. The first group includes persons who are closely related to the deceased. They have priority when receiving property. The mass is divided between them in equal shares. It is important that persons belonging to different orders cannot receive the inheritance at the same time. When there is only one legal successor from the first stage, he will receive all the property of the deceased.

The indicated methods of redistribution of the property of the deceased are enshrined in law and are standard. They are used in practice quite often. It is worth remembering that in addition to these options, there are others. It is necessary to compare the available methods and understand which one is better to use.

The concept of hereditary transmission

Having examined the question of what hereditary transmission is from different angles, we can draw the following conclusions:

firstly, this is the current norm of civil law;
secondly, a legal procedure that requires a certain sequence of legally competent actions;
thirdly, the legal opportunity for other heirs (by law or by will) to exercise their right to the property of the first testator.

When talking about what transmission is in inheritance law, we mean the transfer of rights from a deceased heir to a subsequent one, that is, the replacement of one heir with another.

When this happens in turn, then we are talking about a special case of inheritance by law, reminiscent of the exercise of the right of representation, but with some differences.

The essence of hereditary transmission can be explained using a simple example. In football, there is a reserve team or bench. In our case, the “spare” ones are the direct descendants of the first heir who did not have time to accept the property due to him by law.

How to apply for transmission inheritance

As a general rule, all issues related to inheritance law are resolved by a notary. The place for accepting applications from heirs is determined as follows:

to the notary office at the location of the property (opening of inheritance) of the first owner of the property (testator).
to the notary office of the location of the transmitter's property.

It is best to submit two applications . The application can be submitted in person or sent by registered mail. To demonstrate their actions, those applying by mail must present a postal receipt with a list of the documents being sent. The beneficiary can also refuse to use the right of inheritance by registering his refusal notarized.

The emergence of hereditary transmission

To replace someone who could not accept the inheritance with another person, hereditary transmission is provided. It arises when a person called to inherit died after the opening of the inheritance, but did not have time to accept it at the appointed time.

Hereditary transmission means that the right to receive property passes to the heir of the deceased.

The transmission right of inheritance presupposes the general procedure for the actions of the transmitter. To accept the inheritance, he must submit two applications to the notary:

about accepting an inheritance that the transmitter did not manage to receive;
on acceptance of the inheritance of the transmitter as a direct testator.

This is done if a citizen with inheritance rights is ready to accept both types of property. However, he has the right:

accept property on only one basis (your choice);
refuse inheritance in each of the inheritance cases.

Based on two submitted applications, two inheritances are accepted. They can be opened in different localities.

Does the time period between the death of the first and second testator matter?

In the emergence of the right of hereditary transmission, the period of time that passed between the death of the first and second citizen does not matter. The only exceptions are cases when they died on the same day. According to Art. 1114 of the Civil Code of the Russian Federation, the time for opening an inheritance is the day of death. If the heir and the testator died on the same day, then even if the heir died later, they are considered to have died at the same time, since to determine the time of opening of the inheritance, only the day, and not the hour and minute of death, matters. In this case, the inheritance is not opened for the deceased heir, which means that his heirs do not have the right of hereditary transmission. If the second testator died within six months after the first, but managed to accept the inheritance in one of two ways (traditional or factual), the order of the inheritance case changes and hereditary transmission does not occur.

If the citizen who died first had no other heirs, and the only heir died without formalizing his right to inheritance, then the inheritance case is opened after the death of the second deceased. The period for acceptance of the inheritance by the heirs of the second deceased citizen is calculated from the date of his death and is six months.

The inheritance matter takes a completely different turn if the first deceased left a will, in which he made an order to appoint another heir in the event of the death of the first. If such an order exists, the application of legislative norms on hereditary transmission becomes impossible.

If you still have questions about accepting an inheritance through transmission, contact an experienced lawyer. Your case will be studied to the smallest detail, an individual consultation will be provided, and your interests will be protected in court if the need arises.

Inheritance rights of persons deprived of parental rights

The legislation gives the owner the right to freely dispose of property, including in the event of death. The testator has the right to decide who will own the valuables he leaves behind. He can also include his parents, who for some reason were deprived of parental rights, among his heirs.

But hereditary transmission implies that the transfer of rights occurs in the order established by law. After all, the deceased heir (transmitter) did not have time to accept the inheritance and dispose of it. It turns out that the father and/or mother of the transmitter, who have been deprived of parental rights, will not be able to receive an inheritance in the transmission order if their parental rights have not been restored at the time of opening of the inheritance. They are simply not in any of the queues.

True, there is a certain subtlety here associated with the implementation of hereditary transmission according to the will left by the transferee. The person specified in such a will also becomes the acquirer of the property under the right of transmission.

And one more thing, not common, but possible: according to the transmission procedure, the right to the property of the deceased passed to his brother (sister), and he (she), having accepted the inheritance, also died. If the father (mother) of the first testator, who was deprived of his parental rights, did not lose them in relation to the other deceased transmitter, then he (she) receives the right of inheritance, but as a first-priority heir.

When to Apply Inheritance Transition

A testamentary will is based on the good will of the deceased owner to leave his fortune as an inheritance to any citizen. Notarial acts and law enforcement practice oblige the applicant to accept the things transferred into possession after six months from the date of the death of the testator. And only the opportunity, formalized by a notary, allows you to manage the state at the will of the specified person.

But during this time period, anything can happen, including the death of a citizen who has not accepted the state by his notarial order. Things remained, and according to the will they must be transferred to the applicants specified in the document, and if they are absent due to death, then hereditary transmission is applied - the transfer of ownership and disposition under the will to his legal representatives.

But such a procedure for distributing valuable things left behind is possible only for the procedure for transferring property under a will, and in the case of transfer of things under the Law, other mechanisms for accepting property are applied. In a word, it is possible to become the owner after the death of property that has not actually been transferred only if there is a will, according to the personal will of its true owner, left during his lifetime.

But the transfer of property by law does not imply such a redistribution, that is, transmission in this case cannot be applied (Article 1156 of the Civil Code of the Russian Federation).

Cases of non-use of hereditary transmission

Transmission rights do not arise if there are no main grounds for its occurrence, that is:

the inheritance was accepted;
The six-month period has expired since the death of the first testator.

But even if there are key reasons, there are certain limitations.

Mandatory share value

The concept of a mandatory share was introduced into civil legislation in order to protect the rights of minors and disabled heirs under the law.

The size of this share is half of the part of the property that would have been received by inheritance by law.

Even if these persons were not mentioned at all in the will or they were allocated property less than the established minimum, during hereditary transmission the rights of these persons as heirs cannot be challenged, their obligatory share in the property of the first testator cannot be the subject of the transmission procedure.

For a full description of the legal nuances, read the article “Mandatory Share”.

Death in one day

The rights to inheritance are not transferred by transmission if both the first testator and his heir (potential transmitter) died on the same day.

To record such a case, the established dates of death of the named persons and the place of their last residence are taken into account.

For more detailed information, read the article “Time and place of opening of inheritance.”

The deadline for accepting the inheritance has expired

Once again, you need to pay attention to the time limits limiting the emergence of the inheritance rights of the transmitter. If the potential transmitter died after the expiration of 6 months without filing an application to restore the deadline for accepting the inheritance (no one else could do this), then it is considered that he simply abandoned it.

The claims of his heir to the transmission in this case are unfounded.

The details are discussed in the material “The deadline for accepting an inheritance has been missed.”

What you should know

Questions about repaying debt obligations are also very relevant.

Important! The heir who received the property as a result of hereditary transmission is obliged to answer for the debt obligations of the one who left the property, but all obligations for the debts of the one from whom this opportunity was transferred are excluded for mandatory execution. That is, if the original testator left outstanding loans, then his successor will be obliged to repay them within the amount of the inheritance left, and no more.

When transmission inheritance cannot be applied:

In the event of the death of the main heir after the expiration of the established period for entering into the inheritance, and who submitted an order to accept the mass of inheritance.
Both the testator and the heir indicated in the will died at the same time; inheritance does not occur here according to the norms of Civil Law.
In the event that the main person under the will has died, but there is an order in the will for this case, and it must pass to another citizen.
The obligatory share in the inheritance is not transferred by transmission, that is, if there was a disabled person or a minor child in the family, then his share will be allocated and transferred into ownership without restrictions.

As a result of the current circumstances, the notary will open 2 inheritance cases, the applicant must submit an order for acceptance by transmission, or he can do this in fact, that is, use the property for its intended purpose. You can learn more about entering into inheritance through transmission from a free consultation with a lawyer by phone.

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What is sub-appointment of an heir?

If in the case of hereditary transmission we were talking about “spare” heirs in relation to the transferee, then the appearance of a “spare” heir in the will of the first testator eliminates the possibility of the transmission itself.

The number of reasons for subassignment indicated in the will is limited by law. It could be:

death of the “main” heir before the opening or acceptance of the inheritance, as well as simultaneously with the testator;
his decision not to accept or renounce the inheritance;
his lack of inheritance rights or loss thereof.

Read more about acceptable cases of sub-appointment of an heir in the material “How to draw up a will.”

Restoring a missed deadline

To restore this period, you must have valid reasons that will need to be proven in court. Also, by his decision, the applicant may be recognized as having accepted the inherited estate if:

The transmitter died before the expiration of the period established by law and did not have time to accept the inheritance.
The person called to inherit managed to submit an application to the notary, but did not have time to complete the registration procedure, that is, he did not receive the inheritance document.
The testator made a will. One of the points in this document was that the testator appointed someone else who would inherit not by right, but by the will of the owner.
The transmitter and the transmitter died at the same time and it is impossible to determine the exact time of death of both.

Inheritance by right of representation

As already indicated, inheritance by right of representation and hereditary transmission should not be confused, although in both cases the situation is due to the death of the heir by law.

Comparison result

When comparing legal norms, we pay attention to the main difference - the time of death of the heir. In order for the rule providing for the emergence of the right of representation to be activated, the date of death must precede or coincide with the date of death of the testator, and we have just examined the second case as a reason for refusing transmission.

A person can become a transmitter only when the transmitter dies after the discovery and before accepting the inheritance.

Hereditary transmission can be applied both when inheriting by law and when receiving an inheritance under a will, while heirs by right of representation are forced to follow only the procedure established by law.

Of course, there are a number of other legal features that can be found in the article “Inheritance by right of representation.”

Shares in hereditary transmission

Speaking about the shares in which property is distributed in the process of transmission division, it should be noted, firstly, that the right of the first heir to an obligatory share is lost with his death.

Secondly, the legislation determines that the size of the shares received by transmitters is the same.

Finally, thirdly, the shares are calculated based only on the size of the property that should have gone to the first heir if he had remained alive and accepted the inheritance in the prescribed manner.

Factors under which transmission inheritance occurs

Before his death, the applicant did not notify the notary of taking possession under the will, with the subsequent issuance of the corresponding certificate of ownership. But they, together with members of his family and people close to him, for example, actually accepted the allocated property - moving into an apartment that should have been transferred if he had not died prematurely.

The fact of death must be documented. But if, due to the prevailing circumstances, he did not have time to submit an application to the notary in charge of the case to include him in the inheritance case, then in this case the transmission cannot be applied; the usual rules of inheritance by force of law, according to generally accepted rules, apply here.

In order to become an heir to the transferred property, the applicant is obliged to express his will to the notary where the inheritance case is opened, within a certain period, but at least a few days before its end. And if for some reason this is not done, then the notary may consider this as a fact of refusal to accept the transferred property under the will.

Since transmission can only occur if the deadline established for filing an application order has not yet expired. To put it more clearly, the applicant submitted an order to accept the inheritance, but several months before the end of the period for taking ownership of the property, he dies, then his direct heirs also contact the notary and apply for hereditary transmission.

Advice: if applicants missed the established deadlines, then the law allows for its extension for another 3 months; if this time is not enough, then you can try to restore it in court. If for some reason this was not done, then all property must be returned and then divided proportionally between the heirs according to the law.

Refusal of inheritance

Refusals to receive an inheritance occur in practice mainly when it is unprofitable for the heir.

The possibility of acquiring an inheritance that arose as a result of hereditary transmission may also lead to refusal of the inheritance. For example, if the transmitter learned that the inherited property is less/equal to the debts of the testator. After all, he is liable for the debt obligations of the one who owned the inherited property within the limits of the value of the latter. True, at the same time he has no liability, within the framework of the said property, for the debts of the transmitter.

The article “Refusal of Inheritance” will help you understand the content of the refusal process and its procedural subtleties.

Features of property distribution

The specified order of inheritance has certain nuances. They must be taken into account when entering into rights. The legislation indicates that in the absence of a testamentary act, property is divided among all citizens included in the same queue. The division is carried out in equal parts. Heirs who receive the estate by right of representation can only claim the portion due to their parent. If there are several citizens assigned to the specified group, the property is divided equally between them.

For better understanding, an example is required. Citizen P. had two daughters. One of them dies, leaving three children. Death occurred before the opening of the estate took place. In this case, the surviving daughter acts as the legal successor of the first priority, the grandchildren of the deceased are heirs by rights of representation.

The property is divided between them in the following parts:

half of everything will go to the daughter;
one-sixth each to grandchildren.

It is provided that for the second heir of the first priority, the order of inheritance does not change. When using this basis, legal successors receive only the share that was due to the parents.

Deadlines for accepting an inheritance in the order of hereditary transmission

When determining the duration of the period during which acceptance of an inheritance is allowed through the hereditary transmission procedure, the threshold is half of the total six-month period allotted by law for accepting an inheritance, that is, 3 months.

Within what time frame inheritance takes place in the order of hereditary transmission can be seen in a small table.

Deadline for accepting inheritance by transmission	The time interval from the death of the testator to the death of the transmitter
6 months from the date of death of the testator	Less than 3 months
6 months from the date of death of the testator	Equal to 3 months
Extends up to 3 months	More than 3 months

The transmitter is at the same time the direct heir of the transmitter, that is, two procedures for registering inheritance rights are carried out in parallel, having different deadlines for entering into inheritance.

Restoring a missed deadline for accepting an inheritance

If the 6-month period from the date of death of the testator has expired by more than half, then the period for acceptance of the inheritance by the transmitter is extended to 3 months.

Complete expiration of the six-month period means loss of the right to transmission, unless it is proven through the court that the omission was the result of good reasons.

These reasons and important procedural points are discussed in detail in the article “Restoring a missed deadline for accepting an inheritance.”

Transmission order

Both civil and notarial legislation describe in detail the procedure for entering into property under a will; the acts take into account a variety of moments that can happen in the life of each person, including the possible transfer of rights after the death of the applicant indicated in the document.

In order to become the owner of the fortune transferred to him, a mandatory procedure has been developed that the heir must perform. But due to the fact that he has passed away, his legal heirs enter into the matter of transferring ownership rights, and only if he has given a notarial instruction to his notary about this in advance. Here, all things inherited by the deceased citizen, essentially the estate of the estate, will pass to those indicated in the testamentary document, without restrictions in full.

The right of representation (entry into inheritance by law) and transmission essentially mean the same actions, but in the latter case it can arise only if there is a lifetime indication of the living owner of the property being transferred. That is, the grandchildren of the deceased, about whom there is no word in the documents, are also included in the inheritance by nomination, which gives them the opportunity to stand on a par with persons from the primary inheritance. Regarding inheritance issues, you can seek free legal advice by telephone from professional family law lawyers.

Property Acceptance Process

When a person has an understanding of what this method of distribution of property is, one can proceed to consider the features of dividing the mass. The period during which a citizen assumes his rights is general. It is reflected in the legislation. This period is equal to six months. To receive property based on the right of representation, a citizen must contact a notary office before the specified period expires. You will need to provide confirmation of receipt of rights and make claims to the property.

You will need to collect a package of papers:

an act confirming the death of a citizen whose property is being redistributed;
certificate indicating the death of the successor's parent;
confirmation of relationship with the deceased parent;
a paper confirming the birth of a deceased parent.

The notary carries out verification activities in relation to the submitted documentation. This is necessary in order to verify the authenticity of the papers. If everything is according to the law, the citizen is included in the list of heirs.

Terms of entry into inheritance rights

The periods during which one can enter into inheritance rights on a general basis and within the framework of transmission are not always identical. In the first case, the rules established in Art. 1154 of the Civil Code of the Russian Federation, when the entry period is six months from the time the case was opened.

If the transmission procedure is applied, the same period of six months will apply. However, if when the transmission occurs there are less than three months left to take over the rights, then the period will be extended.

There are situations when the transmitter misses the deadline for becoming a driver. If there is a good reason, it can be restored in court. The reason for this may be, for example, military service, serious illness, or a long stay abroad without the possibility of leaving.

If the deadline for registration was missed by the original heir, that is, within six months from the moment the testator was recognized as dead, he did not indicate his rights in any way, then hereditary transmission will not arise. This is explained by the fact that the original heir lost his rights during his lifetime.

The law clearly states that restoration of the term is possible only by the will of the heir himself and no one else. For this reason, legal successors will not be able to influence the situation.

Article 1156

Hereditary transmission is the legal switching of ownership of the received property. A deceased heir who did not manage to take possession of the property in time is a transmitter. Its successor is the transmission.

The essence of the matter is the call to inherit the property of the successors of the deceased. They are given the prerogative of owning the property of the deceased who did not register the property at a fixed time. The main factors of transmission validity are:

relevance of the inheritance period;
the transmitter, before his death, did not commit acts of renunciation regarding the possession of the inheritance;
the assertion of ownership was not made either orally or in writing.

Article 1156 is governed by the following rules:

property may pass into the possession of the transmitter if the transmitter himself had the right to do so before his death;
the transmitter claims only what the deceased inherited.

According to the comments to the article, if the right to accept property is given to different persons, then the property is divided between them. They don't expect more.

If the deceased nevertheless managed to become the owner of the testator’s property, the property becomes his personal possession. After the death of the transmitter, a probate file is simultaneously opened containing all personal property.

Hereditary transmission according to the Civil Code of the Russian Federation is a legal adoption that arises when the direct successor does not have time to formalize ownership due to his own death.

The process is a type of inheritance by law because the will of the deceased cannot be changed.

Transmission

In addition to these methods, transmission is applicable. It is necessary to understand what is the difference between these options for distribution of the property mass. The first situation assumes that the citizen to whom the property was supposed to pass after the death of the testator dies on the same day as him or before that time. However, it may also happen that at the time of opening the inheritance case he is alive. While the six-month period established for searching for all heirs lasts, this person dies.

ATTENTION !!! Then the provisions on hereditary transmission begin to apply. Distribution of property occurs between persons assigned to the same group of heirs. There is no attraction of descendants.

You need to consider the situation using an example. Citizen L., during his lifetime, formed a will, where he indicated his two children. After his will was announced, one of the children dies. The transmission suggests that his share should go to his wife, who also died before taking over.

In this situation, the testator's only surviving child receives all of his property. This is how the transmission is presented. The main difference from the right of representation is that only persons in the same order of priority as the testator can claim to receive an inheritance. With the right of representation, the share of the deceased passes to his descendants.

Deadlines

Everyone knows about the established inheritance period of six months. This period is counted from the date of opening of the inheritance (after the death of the main owner of the property). The established period, designed to regulate the time frame for the process, may, however, vary. If we are talking about the basic system of inheritance, the process can be settled by court only when it is proven that there is no information about the inheritance.

As a rule, such situations arise if the heir is abroad, or lives in another city, or the relationship is purely nominal. However, in the absence of other relatives, if there is no will, it is such people who inherit the property. If the possibility of inheritance is purely legal, it becomes possible to extend the period through court proceedings.

During transmission, entry into inheritance may be delayed if less than three months remain before final registration. This point is regulated by increasing the period to exactly three months. For example, if the previous heir did not have time to complete the procedure, or did not even submit documents, there are two months left before the expiration of the six-month period, court records also add an additional month.

What to do if the deadline for accepting an inheritance is missed

The court may consider valid reasons why the successor missed the deadline for assuming his legal rights: for example, he may simply not have known about the opening of the inheritance. Then the deadline for accepting inherited property will be restored. Previously issued certificates of inheritance and certificates of owner rights are canceled and replaced with new ones (with the corresponding entries in the Unified State Register of Real Estate). The shares of the inheritance are recalculated taking into account the emergence of a new applicant.

A person who has missed the deadline for accepting an inheritance can assume his rights without a trial if the other heirs express their consent and confirm it in writing, drawing up a document according to the rules established by Art. 1153 of the Civil Code.
Acceptance of inheritance by hereditary transmission upon expiration of the terms is regulated by Articles 1104 - 1108 of the Civil Code of the Russian Federation.
In the event of the death of a transmitter who did not have time to make any decision regarding the succession, his rights under the hereditary transmission do not pass to the heir of the transmitter.

Results: the main differences between the two methods of inheritance

Inheritance by right of representation and hereditary transmission determine the rules for the transfer of inheritance in the event of the death of the heir. Differences between these types:

Conditions for the emergence of the right:

inheritance by right of representation (IRP) is possible if the death of the successor occurs before the opening of the company or simultaneously with it, that is, he initially cannot inherit the property of the deceased, since he himself died;
Inheritance by right of hereditary transmission (HT) is possible if the heir dies after the opening of us and does not have time to assume his rights.

Inheritance rules:

with NPP, property in the first three stages passes to the direct descendants of the heir (the subsequent stages of NPP do not apply), inheritance occurs only by law;
hereditary transmission is possible in all stages; inheritance is carried out both by law and by will.

Deadlines for accepting an inheritance:

with NPP - 6 months;
with NT - at least 3 months.

About hereditary transmission (transfer of the right to accept inheritance)