How to refuse an inheritance in favor of the state?

Reasons for refusing inheritance

The Code provides two options for refusal :

1. absolute (the heir does not indicate to whom he transfers his rights);
2. indicating a specific person (he transfers his share to another heir).

Refusal in favor of another person is a more common case. The resulting property of the deceased, on the one hand, may not be needed by the successor, but on the other hand, it may benefit other relatives.

Frequent reasons why people give up their share in favor of other persons:

• The deceased left behind outstanding loans . The debts of the deceased are included in the estate. By accepting an inheritance, a person undertakes to repay the debt of a deceased relative. If the amount of debt is too large for a person, then it is advisable to refuse the inheritance, thereby shifting responsibility for the debt to other legal successors.
• The share is too small and not worth the hassle of registration that accepting an inheritance entails. The value of the property can be so insignificant that after paying all state fees and other expenses, a person gets pennies.
• Accommodation in another city . Registration of all inheritance papers requires a mandatory presence in a notary's office. If the value of the property is small, then unnecessary hassle and trips to the place where the inheritance is opened make no sense.
• The property is in unsatisfactory condition . For example, when the willed property is uninhabitable.
• Property is difficult to divide among all heirs . For example, the deceased left behind three relatives a 1-room apartment. In this case, it is easier for one of the successors to give up his share.

Whatever the circumstances, the heir has the right to sign the waiver without indicating the reason for this action.

How to receive an inheritance abroad

What to do if you received a letter about receiving an inheritance from abroad?

The first step is to submit an application to accept the inheritance. The document must be submitted to a notary office; it will serve as the basis for opening a case under the right of inheritance. After the organizational work has been carried out, the notary will issue a special document with an apostille, which will confirm the registration of inheritance rights abroad.

The certificate will also be a document issued by the country where the inheritance is located.

Legal features

You can transfer your rights to the received share provided that the successor made this request at the place of opening of the inheritance no later than 6 months after the death of the testator . A statement confirms the refusal. If the successor does not write it, then the inheritance will be considered escheated and transferred into the possession of the state, unless the deceased has other heirs.

The Civil Code allows you to renounce property even after accepting an inheritance , i.e. after six months have passed from the date of death of the person. But such action is carried out exclusively through the court . The plaintiff must provide evidence of valid reasons why he was unable to contact the notary in a timely manner. Such reasons may be:

• disease;
• long absence from the place of permanent residence;
• illegal actions on the part of interested parties or the notary.

It is possible to assign the received property to another person using any method of inheritance: by order of succession and by will.

The transfer of shares is carried out free of charge . That is, the successor should not impose conditions on the person in whose favor he is giving the property, or make financial demands on him.

How to find out if there is an inheritance abroad

The will is usually kept secret from everyone, so it is almost impossible to find out whether there is an inheritance abroad, only if a relative of his own free will decided to notify you. The will will be pronounced at the notary only after the death of the testator.

You should not respond to notifications about wills that are sent by mail, because they may be scammers.

It is worth studying all the documents on the issue of inheritance; we advise you to contact a specialist and directly to the notary with whom the deceased made the will; you can find out similar information about the death of a relative from his friends or close relatives.

Who has no right to refuse?

Any person indicated by the deceased in the will, or who received his share in the order of priority, has the right to carry out this legal action.

Citizens who have an obligatory share in the inheritance do not have the right to assign the received property to other persons.

These include:

1. children disabled for health reasons;
2. minor citizens;
3. non-working parents of retirement age;
4. persons who were dependent on the owner of the property.

These citizens will not be able to renounce their inherited share either completely or in favor of one of the other heirs.

A person cannot assign his share to another successor if in the will the deceased designated a sub-heir (the person who receives the share in the event of the death of the heir). The remaining persons entitled to receive the inheritance may cede their share to someone within a specified period.

When it is impossible to refuse a share

There are several cases when a directed (targeted) refusal in favor of another heir cannot be made.

1. It is impossible to refuse the obligatory share, which is due to the disabled relatives of the deceased (the elderly, the disabled). This right is conditioned by personal circumstances and cannot be transferred. Unconditional refusal is possible.
2. It is impossible to write a waiver in favor of another person if the intended heir is indicated in the will. For example, the testator left a house to his son and daughter in equal shares. At the same time, he set a condition: in the event of the son’s death or his refusal, the nephew receives the inheritance.
3. If the testator has distributed all his property to specific heirs, they do not have the right to ignore his will. Example. The father left an apartment to his daughter, a business to his son, and a house and land to his wife. In this case, a directed refusal will change the will of the testator, which is not allowed by law.

The notary office of Igor Vladimirovich Kolganov is engaged in the management of inheritance cases in Moscow. Contact us for a consultation regarding registration of refusal any day before 20.00 pm on weekdays and until 17.00 on Saturdays.

To whose benefit can the property be transferred?

Civil Code Art. 1158 establishes the circle of people to whom a person can transfer his rights to receive his share . It includes:

• relatives of any order;
• citizens specified in the will;
• successors of the heir.

It is impossible to transfer property to relatives who were deprived of the right of succession and those who were recognized as unworthy heirs.

It is also impossible to assign your share to persons who have no reason to receive it. These are citizens who have no family connection with the deceased.

How to apply correctly?

The procedure is not particularly difficult. The most important thing is to collect all the papers on time and contact a notary within six months from the date of death of the testator . More information on how to formalize a waiver of inheritance can be found here.

Where to go?

The legal successor needs to go to the notary's office located at the place of residence of the deceased. If the heir lives in a remote region and cannot independently appear at the place of opening of the inheritance, he can send documentation and an application by mail or through an authorized representative (more information about the time and place of opening of the inheritance can be found here).

What documents are needed?

To confirm the right to inheritance, the successor must provide:

1. passport or any identification document;
2. a document confirming the relationship with the deceased.

Statement

An application must be submitted along with the papers. It states:

1. At the top of the document is the address of the office and the name of the notary.
2. The title is “Application for Refusal of Inheritance.”
3. Heir's name and address.
4. Information about the deceased (full name, date of death, death certificate).
5. Method of inheritance - by will or by law.
6. Relation degree.
7. Indication of the full name of the person to whom the share is transferred.
8. Signature and date.

If a minor refuses, then the procedure can only be carried out with the permission of the guardianship and trusteeship authorities. If they approve the decision, then the child's parents or guardians must carry out all legal actions to assign the share of the inheritance in favor of another person.

Deadlines

According to the Civil Code of the Russian Federation, the successor must submit an application within 6 months . The procedure for reviewing papers and applications lasts from 2 to 4 weeks . If the case goes to court (the successor missed the deadline for filing an application), then the procedure can take up to 2 months.

State duty and other expenses

To carry out this legal action, the assignee needs to pay for the notary's service to certify the application . The average cost of a specialist’s work is about 500 rubles. Certification, on average, costs 1000 rubles. If the applicant needs to resort to the help of a notary to find other legal successors, then for one request to government agencies and departments you will have to pay another 50 rubles.

According to the rules of Art. 1157 of the Civil Code, the heir has the right to refuse the inheritance in favor of other persons or without indicating the persons in whose favor he refuses the inherited property. Refusal of an inheritance is a unilateral transaction consisting of performing legal actions indicating the heir’s reluctance to receive the testator’s property, namely, submitting a corresponding application from the heir to a notary or court. Failure to perform actual actions is not a refusal of the inheritance, but a non-acceptance of the inheritance. When inheriting escheated property, refusal of inheritance is not allowed (paragraph 2, paragraph 1, article 1157 of the Civil Code). The heir has the right to refuse the inheritance within the period established for accepting the inheritance, i.e. within six months, including in the case when he has already accepted the inheritance. If the heir has performed actions indicating the actual acceptance of the inheritance, the court may, upon the application of this heir, recognize him as having renounced the inheritance even after the established period, if it finds the reasons for missing the deadline valid. Thus, refusal of inheritance is possible after the expiration of a six-month period in the presence of the following circumstances: 1) the heir accepted the inheritance not by submitting an appropriate application to the notary, but by performing actions indicating the actual acceptance of the inheritance; 2) the heir who actually accepted the inheritance applied to the court to recognize him as having refused to accept the inheritance (although the deadline for refusal had already expired); 3) the court recognized the reasons for missing such deadlines as valid. From the moment the court decision enters into legal force, the refusal of the inheritance is considered valid, and the consequences provided for by law occur. According to the norm of paragraph 3 of Art. 1157 of the Civil Code, the renunciation of inheritance cannot be subsequently changed or taken back. According to the rules of Art. 1159 of the Civil Code, renunciation of inheritance is accomplished by submitting at the place of opening of the inheritance to a notary or authorized in accordance with the law to issue certificates of the right to inheritance to an official of the heir’s application for renunciation of the inheritance. In the event that an application for renunciation of inheritance is submitted to a notary not by the heir himself, but by another person or sent by mail, the heir’s signature on such an application must be duly certified. Refusal of inheritance through a representative is possible if the power of attorney specifically provides for the authority to do so. A power of attorney is not required for a legal representative to renounce an inheritance. In accordance with paragraph 4 of Art. 1157 of the Civil Code, refusal of inheritance in the case where the heir is a minor, incompetent or partially capable citizen is permitted with the prior permission of the guardianship and trusteeship authority. Subsequent approval by the guardianship and trusteeship authority of the refusal of inheritance is not allowed. Failure to comply with these requirements entails the invalidity (nullity) of the refusal to accept the inheritance as a transaction that does not comply with the requirements of the law. The rules of Art. 1158 of the Civil Code provides for the renunciation of inheritance in favor of other persons and the renunciation of part of the inheritance. The heir has the right to refuse the inheritance in favor of other persons from among the heirs by will or heirs by law of any order who are not deprived of the inheritance, including in favor of those who are called to inherit by right of representation or by way of hereditary transmission. Refusal of inheritance in favor of other persons is not permitted. Refusal in favor of any of the indicated persons is not allowed: 1) from property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him; 2) from the obligatory share in the inheritance; 3) if the heir is assigned an heir. Refusal of inheritance - both targeted, i.e. in favor of a specific person, and non-addressed, i.e. without specifying a specific person - can only be unconditional, unconditional and complete. Refusal of inheritance with reservations, under conditions, and renunciation of part of the inheritance due to the heir is not allowed. However, if the heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), he has the right to refuse the inheritance due to him on one of these grounds, on several of them or for all reasons. Accordingly, if the heir refuses to accept the inheritance for one of the reasons, he can do this in someone else's favor. Refusal of an inheritance, like any other transaction, can be challenged. Most often, there are claims to invalidate a refusal of inheritance due to the fact that it was committed: - by a person who was not able at that moment to understand the meaning of his actions or to direct them; - under the influence of delusion; - under the influence of deception, violence, threats, etc.

When is the procedure not possible?

Russian legislation provides for cases in which it is impossible to transfer the received property to another successor.

• If the deceased gave all his property to one person through a will.
• If this is escheatable property (in the absence of relatives and a will, the inheritance mass is transferred to the state, which, in turn, does not have the right not to accept it).
• You cannot refuse a certain part of the inheritance. If the successor wants to keep some property for himself and transfer the other part to another person, then such a refusal will not have legal force. However, if he accepted different property in two ways (both by law and by will), then he can refuse either what was transferred to him in the order of priority, or what he received according to the document.
• Refusal is impossible if a person has an obligatory share in the inheritance or the person in whose favor the property is transferred is an unworthy heir.

On our website there are many different articles related to inheritance:

• What is the basis for inheritance by law and by will?
• How to issue a certificate of inheritance?
• How does the inheritance process proceed with the notary after the death of the owner of the property for its issuance and acceptance?
• The concept of actual acceptance of inheritance.

Legal consequences

When renouncing his share, a person must be aware of the possible consequences of this action.

If after a certain time it turns out that the deceased had valuable property, information about which was not immediately revealed, then the citizen who renounced his right will not be able to inherit it, either completely or partially.

After refusal, the right to inherit a share cannot be restored.

By transferring the received share to another person, the successor also transfers the obligations for the debts of the deceased, if any. After signing the application at the notary, the heir will no longer have anything to do with the financial obligations of the testator .

If after some time the successor comes to his senses and wants to receive the bequeathed property, then he may invalidate his refusal in court , citing insanity, threats from interested parties or deception.

Before signing a document on the assignment of rights, the heir should think carefully about the consequences of his decision, since challenging this action in court is considered a rather complex process and does not always give a positive result.