Opening of an inheritance: place and day of opening, list of documents, opening time, opening period, opening procedure

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Opening an inheritance is a regulated process that is regulated by the Civil Code of the Russian Federation. According to it, the opening of an inheritance, as a process, can be launched in two cases: the death of the owner of the property (there is a death certificate) or such a citizen is declared dead by the court.

The day of opening of the inheritance is the date of the person’s loss. From this time the countdown of the following legal procedures begins:

The composition of persons who participate in the inheritance process is established;
The countdown of the period of protection of the hereditary mass begins. Responsibility for the notary remains for 6 months, for the manager for the entire period of division of the rights and obligations of the deceased citizen between relatives;
The date of death (court decision) influences the determination of the composition of the inheritance mass;
The day of loss determines the timing of inheritance (acceptance of inheritance).

What is considered the place and time of opening of the inheritance?

The time of opening of an inheritance is understood as a certain, precisely established day from which the countdown of the period allotted by the legislator for entering into an inheritance begins. The indicator under consideration has significant legal significance, because incorrectly setting the time can subsequently lead to a delay in the process, skipping the six-month period allotted for entering into an inheritance. In such a situation, you will have to file a claim in court, which means that it is extremely important for citizens to correctly establish the time for opening the inheritance.

The place where the inheritance is opened has as significant legal significance as the time. This is a specific spatial indicator, that is, a specific locality in the region of the Russian Federation or beyond. According to the category under consideration, candidates for heirs choose a notary who will be in charge of the matter and resolution of inheritance issues.

If a citizen incorrectly establishes the place for opening an inheritance, the procedure may be delayed and additional difficulties will arise.

Declaration of the place of opening of inheritance by the court

In order to make an informed decision, the judicial authority studies the case materials and facts relating to the personal life of the testator. If it is revealed that the deceased lived in several places during his life, the length of stay in each location and the reasons (circumstances) for such movements are taken into account. When considering the documents submitted by the heirs, the composition and location of each property is determined.

In order to initiate the determination procedure, it is necessary to write an application to establish the place of opening of the inheritance . In most cases, the last place of residence is established quite easily. Heirs visiting their relative always know where he actually resides. At the same time, it happens that the inheritance is opened in several places, which can provoke litigation. In this case, the court's decision will help resolve all issues.

The time and place of opening of the inheritance are of important legal significance. The correct establishment of these conditions significantly affects the composition of the inheritance and the circle of persons who can become the new owners of the property remaining after the death of a citizen.

Author of the article

Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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Actual acceptance of inheritance

Who determines the place and time?

Establishing such indicators as the time and place of opening the inheritance are the most important issues that must be resolved at the initial stage of the inheritance registration procedure. The responsibility for determining these categories rests with the candidates for heirs. It is the citizens who must determine the day from which the deadline for contacting a notary runs, and also establish the place in whose territory they should contact a specialist. Only after these issues have been resolved, you can choose a notary and begin the procedure for registering an inheritance.

Civil Code of the Russian Federation on the time and place of opening of inheritance

The Civil Code of the Russian Federation strictly regulates the time and place of opening an inheritance. Time means the day of death of the person acting as the testator. This rule is directly reflected in Part 1 of Art. 1114 of the Civil Code of the Russian Federation. Requirements of Art. 1114 of the Civil Code of the Russian Federation contains references to other norms of the Civil Code of the Russian Federation regulating the procedure for declaring a person dead through civil proceedings.

The place of opening of the inheritance is the territory where the testator lived before his death, which is reflected in Part 1 of Art. 1115 of the Civil Code of the Russian Federation. A person’s place of residence is the address where the citizen permanently or mostly resides, that is, the fact of registration in the situation under consideration does not affect the establishment of the place of residence. These requirements are established by the norms of Art. 20 Civil Code of the Russian Federation.

Time and place of opening of inheritance - legal significance of the conditions

Place of opening of the inheritance case. This condition recognizes the place of residence of the deceased, where he lived (was registered permanently). If it is not known where the testator lived most recently, then the place of inheritance is considered to be the location of the property belonging to the estate. If, in the course of conducting a case regarding the division of property, several such objects are discovered, then the place of residence (opening of inheritance) of the deceased is taken to be the most valuable of the nomenclature, respectively, movable or immovable property. In order to determine the value of property, the market value of the objects is used.

In order for the heir to be able to enter into the rights and obligations due to him after death, he turns to the notary, who is located at the place where the inheritance was opened . The place of residence is the starting point, since all applicants for real estate and other valuables will come there for funerals and inheritances.

It is no coincidence that the norms of the current legislation focus on the condition of dividing the hereditary mass at the place of residence. It is quite logical that there can be quite a lot of applicants for the inheritance, so it is important to concentrate them in one place, where everyone would declare their rights and obligations under the will or law.

The Civil Code provides for a rule according to which the place of residence of citizens who are not legally competent is determined. For example, minors under guardianship or parental support, as well as the mentally ill, are recognized as permanent residents of the place of their representatives by law.

Time to open inheritance. Clause 2 of Article 1114 of the Civil Code of the Russian Federation provides for a precedent in which citizens who died on the same date (day) are not considered claimants to the property of the testator. Comulients cannot inherit against each other, but according to the Law, the inheritance remains for them to relatives of the next line. Moreover, if one of the claimants died later than the other, the right of inheritance for the person who died earlier is not preserved.

Time of opening of inheritance by law and by will

The time of opening of the inheritance is the moment of death of the testator (the citizen who left the inheritance). Art. 1114 of the Civil Code of the Russian Federation defines general rules for establishing the time from which an inheritance opens. The legislator establishes requirements both in relation to inheritance by law and in the case of the testator writing a will. At the same time, according to Art. 1154 of the Civil Code of the Russian Federation, a single duration is established, after which the heirs can receive the appropriate certificates of acceptance of property. This duration is 6 months from the date of opening of the inheritance.

Art. 1114 of the Civil Code of the Russian Federation, in addition to the general rule for establishing the time for opening an inheritance, provides for special situations. For example, if in fact the body of a citizen (testator) was not found, the moment of opening of the inheritance will be the day the corresponding court decision enters into force. In the act, the judge must acknowledge the fact of death; in some situations, the document also reflects the approximate date of death. Date recording is used if it is possible to establish the estimated date of death of a person. In such cases, the inheritance opens either from the moment the decision comes into force or from the date specified in the judicial act. These rules are strictly regulated by Part 1 of Art. 1114 of the Civil Code of the Russian Federation.

What date is considered the day of opening of the inheritance?

The inheritance opens on the date of death of a person

In the procedure for receiving an inheritance, heirs often have many ambiguities and a complete lack of understanding of the current situation. The most common question is, when does the inheritance open? According to the current legislation, this is the day of death of the person whose property forms the inheritance mass. This rule is reflected in Part 1 of Art. 1114 of the Civil Code of the Russian Federation. If a person is officially declared dead by a court decision, the inheritance is opened on the day the relevant judicial act enters into legal force.

It is on the day of disclosure of the inheritance that the inheritance mass is formed, the grounds of inheritance are established, that is, it is checked whether a will has been written, or the distribution of the inheritance will take place according to the general rules of the Civil Code of the Russian Federation. The moment of opening of the inheritance is the day from which the terms of protection of objects, entry into inheritance and receipt of a certificate of right are calculated. It is noteworthy that from a legal point of view, the day, but not the specific time of a person’s death, is of particular importance.

Note! Time zone differences are not taken into account when determining the date. That is why, in practice, sometimes difficulties arise in determining the exact day. To resolve a controversial issue, you should go to court.

The procedure for determining the time of opening of inheritance

The time of opening of the inheritance is reflected in the corresponding document - the death certificate of the citizen. Thus, one of the heirs should obtain a document from the registry office; to do this, you must do the following:

After the death of a person, it is necessary to obtain a death certificate from a medical organization. If a person was declared dead, it is necessary to obtain a corresponding decision from the court office.
Write an application in Form No. 21, established by order of the Ministry of Justice.
Collect the necessary documents: the applicant’s passport, a document proving the fact of the citizen’s death, an application, the passport of the deceased.
Contact the registry office or MFC branch during office hours. Hand over the collected documents to the specialist.
The completed death certificate must be collected at the appointed time.

The received document will serve as proof of the citizen’s death, which must subsequently be provided to the notary so that an inheritance case can be opened. After acquiring the certificate, you should calculate the place where the inheritance will be opened, then select a notary.

If the deadline for accepting the inheritance is missed, you must go to court to restore it. You can download the statement of claim to restore the deadline for accepting an inheritance here.

Place of opening of inheritance by law and by will

Rules Art. 1115 of the Civil Code of the Russian Federation indicate that the place of opening of the inheritance is the last address of residence of the testator. In addition, Art. 1115 of the Civil Code of the Russian Federation regulates certain features of establishing territory. For example, if the testator’s residential address is located on the territory of a foreign state, or it is impossible to establish it, from a hereditary point of view, the place is the territory in which the property to be transferred to the heirs is located. If the property is evenly distributed at several points, the place where the inheritance is opened is considered to be the territory where the property is located.

If the estate includes only movable property and it is difficult to determine the place of opening of the inheritance, the value of each of the valuable objects should be established. The location of the most expensive property is the place where the inheritance is opened. This rule is directly enshrined in Art. 1115 of the Civil Code of the Russian Federation.

On the basis of what documents is the time of opening of inheritance determined?

Before declaring the inheritance, the notary confirms the place of its opening. To do this, the following documents are requested from the heirs:

Extract from the management office based on the information in the house register (copy of the apartment card);
Certificates issued by utility services about the status of the subscriber’s (owner of the residential premises) personal accounts;
Certificates from the place of employment (incarceration) of the deceased confirming the occupation;
The fact of residence is also confirmed in response to a request from the Federal Migration Service.

Very often, reference data can certify different information, so the place of opening of the inheritance will be the place of the last actual residence of the testator.

The procedure for determining the place of opening of inheritance

After the time has been determined (a death certificate has been received), it is necessary to establish the place where the inheritance can be opened. To do this you need to do the following:

Try to determine whether there are any other heirs who might have information about the last years of the testator’s life, including his place of residence.
Find documents that give certain indications of the last place of residence of the citizen who left an inheritance.
If it was not possible to establish the death address of the testator, a list of property to be transferred should be compiled. In the generated list, the status of objects is established and division into immovable and movable occurs. For each property, it is necessary to identify the address of its location.
Valuation of movable property – if the estate includes exclusively such objects. The value of this property will determine the place of inheritance.
Once the location has been established, it is necessary to determine which notaries work in that area. As a rule, when it comes to a city, there are several specialists, which means the heir has the right to choose anyone.
The beginning of the inheritance procedure is a consultation with a notary, collection of the necessary documentation and opening of an inheritance case.

Hotels, boarding houses, inns, sanatoriums and other similar institutions cannot be the place of last residence of the testator. This is due to the fact that these objects can only be a place of stay, not residence.

Time and place of opening of the inheritance and their significance

» Inheritance disputes May 27, 2021

Discovery of inheritance and its consequences. Time and place of opening of inheritance, their legal significance

An inheritance can only be opened upon the death of the testator:

1. A death certificate is issued

2. 2. entered into legal force by a court decision.

The death of a citizen occurs when all the organs that support human life cease to function.

Inheritance opening day

1. the day of death of the citizen, indicated in the court act or death certificate.

2. if a missing citizen is declared dead, the day the court decision to declare the citizen dead comes into force.

3. died due to an emergency.

a) the day of entry into force of a court decision declaring a citizen dead.

B) the death of the citizen occurred much earlier than the court decision was made and, perhaps, the deadline for accepting the inheritance had passed. We need another court decision to restore the missed deadline for a good reason.

If the fact of death is established in court, the day of opening of the inheritance is the moment the court decision enters into legal force.

c) If citizens died on the same day with a gap of several hours, then they are recognized as having died at the same time, i.e., as commorients. They do not inherit from each other. The heirs of each of them may be called upon to inherit. However, if citizens died in different time zones and a different day occurred in one of the time zones, then they are not commorients.

The place of opening of the inheritance is the last place of residence of the testator.

Place of residence is the place where a citizen permanently or primarily resides.

The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Location is important because:

a) the notary at the place of opening of the inheritance accepts:

- application for acceptance of inheritance or refusal of it

- claims from creditors of the testator

— measures to protect inherited property

b) at the place of opening of the inheritance, the inheritance shares are incremented

c) creditors have the right to file claims at the notary’s office or a claim in court at the place where the inheritance was opened.

1. If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property.

2.if the property is in different places by the opening location:

A) the location of real estate or the most valuable part of real estate.

b) and in the absence of real estate - the location of the movable property or its most valuable part.

The value of property is determined based on its market value.

Thus, information about a property can be obtained from documents issued to the heir by the justice institution that carries out state registration of rights to real estate and transactions with it. The location of, for example, a car is determined by the place of its registration in the traffic police. The location of other movable property is determined based on the place where it is actually located.

The inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations.

The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not permitted by this Code or other laws .

Personal non-property rights and other intangible benefits are not included in the inheritance.

Article 1113. Opening an inheritance

The inheritance opens with the death of a citizen. Declaring a citizen dead by a court entails the same legal consequences as the death of a citizen.

Article 1114. Time to open inheritance

1. The day of opening of the inheritance is the day of the citizen’s death. When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force, and in the case when, in accordance with paragraph 3 of Article 45 of this Code, the day of death of the citizen is recognized as the day of his expected death, the day of death specified in the decision court.

2. Citizens who died on the same day are considered for the purposes of hereditary succession to have died at the same time and do not inherit after each other. At the same time, the heirs of each of them are called to inherit.

Article 1115. Place of opening of inheritance

The place of opening of the inheritance is the last place of residence of the testator (Article 20).

If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value.

Inheritance law

Opening of inheritance. Time and place of opening of inheritance

The legislator in Art. 1113 of the Civil Code of the Russian Federation formulated an understanding of the legal meaning of opening an inheritance, indicating that an inheritance opens with the death of a citizen. Declaring a citizen dead by a court entails the same legal consequences as the death of a citizen. In Art. 17 of the Civil Code of the Russian Federation talks about the legal capacity of a citizen, which arises in full at the moment of a person’s birth. All citizens have equal and inalienable legal capacity. It ends with the death of a citizen.

The legislation establishes that the death of a citizen can be recognized even if he is declared dead. If all the conditions of Art. 45 of the Civil Code of the Russian Federation, on the basis of which a citizen is recognized by the court as dead, the court makes a decision to declare him dead. The time of opening of the inheritance must be confirmed by a death certificate.

Thus, the opening of an inheritance is a legal fact with which the emergence of inheritance legal relations is associated. The law recognizes the following legal facts, which are the main conditions for opening an inheritance:

death of a citizen
declaring a citizen dead.

The question of the time of opening of the inheritance is important because the definition is associated with it:

circle of persons who will act as heirs
composition of inherited property
the beginning of the period for filing claims of creditors, the period for acceptance of the inheritance by the heirs, the period for issuing a certificate of the right to inheritance and, finally, the derivative moment of the emergence of rights and obligations (including property rights) under the inheritance
measures to protect inherited property
law applicable to inheritance relations.

So, the time of opening of the inheritance in accordance with Art. 1114 of the Civil Code of the Russian Federation is the day of death of a citizen. When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force, and in the case when, in accordance with clause 3 of Art. 45 of the Civil Code of the Russian Federation, the day of death of a citizen is recognized as the day of his alleged death - the day of death specified in the court decision.

Citizens who died on the same day are considered for the purposes of hereditary succession to have died at the same time and do not inherit after each other, i.e. To determine the time of opening of the inheritance, only the day, and not the hour of death of the testator, matters. At the same time, the heirs of each of them are called to inherit.

The fact of opening the inheritance and the time of opening are confirmed by a certificate from the registry office of the death of the testator. If the civil registry office for any reason refuses to issue a death certificate, the person who was refused has the right to resolve this issue in court by declaring a requirement to establish the fact of the person’s death at a certain time and under certain circumstances. If the court recognizes the day of death of a citizen, the day of his presumed death is recorded in the death certificate, which is issued on the basis of a court decision.

The fact of opening an inheritance and the time of its opening can be confirmed by a notice or other document about the death of a citizen during hostilities, issued by the command of a military unit, hospital, military commissariat or other body of the Ministry of Defense of the Russian Federation.

The time of opening of the inheritance is closely related to the following provisions of the law:

a notary, another person certifying a will, a translator, an executor of a will, witnesses, as well as a citizen signing a will instead of the testator, do not have the right to disclose information regarding the contents of the will, its execution, modification or cancellation before the opening of the inheritance
challenging the will before the opening of the inheritance is not allowed
the right to receive a testamentary refusal is valid for three years from the date of opening of the inheritance and does not pass to other persons
the number of heirs by law includes citizens who are not included in the circle of heirs specified in Art. 1142-1145 of the Civil Code of the Russian Federation, but at the time of the opening of the inheritance they were disabled and for at least one year before the death of the testator they were dependent on him and lived together with him
the inheritance can be accepted within six months from the date of opening of the inheritance
in case of opening of an inheritance on the day of the expected death of a citizen, the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring the citizen dead
when inheriting by law, if the inherited property passes to two or more heirs, and when inheriting by will, if it is assigned to two or more heirs without indicating the specific property inherited by each of them, the inherited property comes from the date of opening of the inheritance into the common shared ownership of the heirs
an heir who, at the time of opening the inheritance, is registered as an individual entrepreneur, or a commercial organization that is an heir under a will, has, when dividing the inheritance, a preferential right to receive, on account of his inheritance share, an enterprise included in the inheritance (Article 132 of the Civil Code of the Russian Federation) in compliance with the rules Art. 1170 Civil Code of the Russian Federation.

In the emergence and implementation of inheritance legal relations, the concept of “place of opening of inheritance” is of great importance.

The question of the place of opening of the inheritance is important, since it is at the place of opening of the inheritance that the heirs must submit an application to the notary's office to accept or refuse the inheritance. It often happens that a person lived in one place, his property is located in another place, and death occurred in a third place. Therefore, the law clearly defines that the place of opening of the inheritance is the last place of residence of the testator (Article 20 of the Civil Code of the Russian Federation).

The value of property is determined based on its market value (Article 1115 of the Civil Code of the Russian Federation). The value of property is relative in nature and is determined not only from the market price, but also from the location of the property itself, especially for real estate. The value of the property, taking into account market value, will be established from the position of monetary value at the time of opening of the inheritance. The moment of opening an inheritance, taking into account the market value, may be profitable or less profitable in monetary terms. Everything will depend on the specific economic and legal situation in society. The legislation does not specify in what respect, in what understanding, the greatest value should be taken into account. The value of property can be material, when it is valued in monetary terms, or it can be of the nature of cultural values.

When indicating the place of opening of inheritance, the law refers to different places. Place of residence is the place where a citizen permanently or primarily resides. For example, if a Russian citizen was on a business trip abroad and died there, then the place of opening of the inheritance will be his last permanent place of residence in the Russian Federation. The place of residence of minors under 14 years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians (Article 20 of the Civil Code of the Russian Federation).

If it is unclear in which of several places the main part of the inherited property is located, the place of opening of the inheritance is established by the court in a special proceeding (Article 264 of the Code of Civil Procedure of the Russian Federation).

An application to establish the place of opening of the inheritance is submitted to the court at the place of residence of the applicant (Article 266 of the Code of Civil Procedure of the Russian Federation).

A document confirming the place of opening of the inheritance may be a certificate from a housing maintenance organization, a local administration, or a certificate from the place of work of the deceased about his place of residence. In the absence of the above documents, the place of opening of the inheritance can be confirmed by a court decision on its establishment that has entered into legal force.

The place of opening of the inheritance determines:

law of the country governing inheritance relations
place of notarization of inheritance rights of heirs in the absence of a dispute between the heirs
application of measures to protect the inheritance itself (sometimes conflicts arise in the field of inheritance law if there is a foreign element, since inheritance law in different countries may have its own characteristics and differences).

When determining the law that is subject to application to civil legal relations with the participation of foreign persons or civil legal relations complicated by another foreign element, the Civil Code of the Russian Federation establishes the following.

The personal law of a stateless person is considered to be the law of the country in which this person has his place of residence (Article 1195 of the Civil Code of the Russian Federation). The ability of a person to draw up and revoke a will, including in relation to real estate, as well as the form of such a will or act of its cancellation are determined by the law of the country where the testator had his place of residence at the time of drawing up such a will or act. However, a will or its cancellation cannot be declared invalid due to non-compliance with the form if it satisfies the requirements of the law of the place where the will or the act of its cancellation was drawn up or the requirements of Russian law (Article 1224 of the Civil Code of the Russian Federation).

The law also establishes that inheritance relations are determined by the law of the country where the testator had his last place of residence, unless otherwise provided by law. Inheritance of real estate is determined by the law of the country where this property is located, and inheritance of real estate that is included in the state register in the Russian Federation is determined by Russian law (Article 1224 of the Civil Code of the Russian Federation).

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What is the time and place of opening of inheritance?

Everyone has to deal with the death of loved ones at least once in their life. Moreover, if the deceased had property, it can be inherited. The process of registering an inheritance, although it takes a long time. When entering into inheritance rights, many factors should be taken into account, including the time and place of opening of the inheritance.

Concept of inheritance

According to the law, inheritance is the transfer of property rights of a deceased person to his relatives or heirs.

The testator has the right to make a will during his lifetime, provided that he is at least 18 years of age and is not declared incompetent. A will allows a person to control the distribution of property after his own death.

A will is usually drawn up in the presence of a notary. If necessary, a translator or a witness can also be involved in the work on the will.

Important! A notary, translator or other persons present when drawing up a will do not have the right to disclose information about its existence or data specified in the document during the life of the testator.

In most cases, the testator independently informs the heirs about the presence of a will by sending them a copy of the will or simply transmitting information about its storage location. But this is only his right, and not his obligation.

Relatives will be able to inherit even in the absence of a will. In this case, the distribution of shares of property will occur in the order of priority established by law. Usually, the children, wife (husband) and parents of the deceased can be the first to count on receiving it, and only then everyone else, depending on the degree of relationship.

The presence or absence of a will matters when drawing up documents. This should be taken into account before you start collecting papers.

Procedure for opening an inheritance

The heir will have to go through several stages during the registration of inherited property.

The first of these will be the opening of an inheritance, which can be done in two ways:

at the notary's office
through the court.

Typically, the opening of an inheritance case occurs when the heir contacts the notary office at the last place of residence of the testator or the location of the most valuable property. It is necessary to exercise caution, because several close people of the deceased may claim the inheritance at once.

Important! Currently, the legislation provides that only one specialist can handle an inheritance case. It is also not allowed to open multiple cases related to one inheritance proceeding.

Opening an inheritance through a notary's office is possible regardless of whether the deceased left a will or not. To begin the procedure, the potential heir will have to present a standard set of documents. A specific list of papers can be checked with any notary.

If the deadline for entering into inheritance rights has been missed or the rights of one of the potential heirs have been violated, they can go to court. In this case, having considered all the circumstances of the case and the attached documents, the judge has the right to make a decision on opening the inheritance or restoring the period for entering into inheritance rights.

After all documents have been verified by notaries, he opens an inheritance case. The applicant is informed of the date of entry into inheritance rights and a list of missing documents, for example, the deceased’s right of ownership of the property.

In some cases, the date of entry into inheritance rights may change, for example, when applications appear from other potential heirs, or the fact is established that there are unborn children of the deceased who were conceived by him.

Video: What is

Time and place of opening of inheritance

The time and place of opening the inheritance is quite important, although not the greatest attention is paid to this issue.

Let's consider what issues are associated with the time of opening of inheritance:

determination of the list of property, the ownership rights of which will pass to the heirs
compiling a list of persons who will act as heirs
the beginning of the period for filing claims from creditors, the period for entering into inheritance rights, etc.
the law that will apply to inheritance legal relations.

It is necessary to understand that if the testator is still alive, then the notary and other persons present when drawing up the will cannot disclose not only its contents, but also confirm the very fact of its existence. An exception is made only if there is a court decision declaring the person dead.

According to Russian legislation, the date of opening of an inheritance is usually considered the date of death of a person. In this case, the specific time does not matter. If two people pass away on the same day, then when registering an inheritance they will be considered to have died at the same time.

In a situation where a person is declared dead by a court, the date of opening of the inheritance will be the moment the judge’s decision enters into legal force.

The death certificate itself confirms the fact of opening the inheritance and the date of this event. You can get it from the registry office. If for some reason it was not possible to obtain a death certificate from the registry office, then it is necessary to contact the judicial authorities to establish the fact of death.

The second important concept is the place of opening of the inheritance. In legislation, when considering the issue of the place of opening of inheritance, several options are allowed. The most common case is at the place of last residence of the deceased.

If the place of last residence of the deceased cannot be determined, then the will must be opened in the city where his most valuable property is located.

It is worth considering that the question of establishing the place of opening of the inheritance is not the simplest. There are often additional conditions that can change it; fortunately, the legislation provides fairly specific explanations on most controversial issues.

Let's consider what you need to know when determining the place of opening of the inheritance:

the place of residence of children under 14 years of age, as well as persons under guardianship, is determined by the place of residence of their parents or guardians
inheritance relations are determined by the law of the country where the testator had his last place of residence
if the testator was a stateless person, then in relation to inheritance it is necessary to be guided by the law of the state in which he had his place of residence
When inheriting real estate, the laws of the country where the property is located apply.

If it is not possible to independently determine the place of opening of the inheritance, for example, if it is impossible to determine the most valuable part of the property, you must apply to the court with a corresponding application. Such cases are considered by the courts at the place of residence of the applicant in a special manner.

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Documentation

A potential heir who applies to a notary office or court to open an inheritance case must prepare and collect a package of documents. It is usually quite standard and depends on the presence or absence of a will.

Let us compare in the following table the packages of documents for opening a will in the presence and absence of a will.

Necessity in the presence of a will

Yes (birth certificate, marriage certificate, etc.)

Entry into inheritance rights

From the opening of the inheritance to the entry into inheritance rights, six months usually pass. Although, this period under certain circumstances, for example, in the presence of a conceived but unborn child of the deceased, can be changed. During this time, the notary will collect all statements from potential heirs and make a decision on the division of shares.

If all the heirs were able to agree among themselves, then all that remains is to collect all the necessary documents, the list of which was announced by the notary. For example, for real estate it will be necessary to confirm the ownership rights of a deceased person with documents; the situation is similar with vehicles.

It is better not to put off collecting the necessary documents, since without a complete set of papers, the notary will not be able to issue a certificate of inheritance, and, accordingly, it will not be possible to become the full owner of valuables.

Sometimes the relatives of the deceased do not specifically inform other potential heirs about his death in order to increase their own shares in the property. It is necessary to understand that in this case it is possible to restore the period of entry into inheritance rights through the court.

You will also have to go to court if one of the heirs does not agree with the decision of the notary and the share allocated to him in the testator’s property.

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Important! By entering into inheritance rights, the heirs accept not only the property of the testator, but also his debts not covered by insurance, if any.

In most cases, determining the date and place of inheritance will not be a problem, since the legislation provides comprehensive instructions for this. However, sometimes you will have to go to court, for example, if it is impossible to independently determine the location of the most valuable property.

Sources: lektsii.org, isfic.info, biznes-delo.ru

Enter into inheritance under a will for an apartment after 6 months
Entry into the inheritance of the Civil Code of the Russian Federation

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Nuances

Determining the place and time of opening of the inheritance are the initial and most important categories that need permission from the heirs. In order to correctly set the time and place, it is necessary to take into account a number of nuances:

In order to declare a citizen dead, it is necessary to go to court. The deceased may be a person whose place of residence has not been known for 5 or more years, as defined in Part 1 of Art. 45 of the Civil Code of the Russian Federation.
When it comes to the participation of a citizen in hostilities, only 2 years of absence of information about the location of a person is enough in order to recognize him as dead. This is due to the fact that combat conditions are characterized by an increased degree of danger to humans.
State registration of death in the registry office is not subject to duty, that is, contacting the administrative body is absolutely free. If the heir asks to issue a second certificate, you need to pay 350 rubles.
Death registration can be done both through the MFC, registry office, and through the public services portal.
In the process of determining the place of opening an inheritance at the location of the most valuable object, an appraiser can be involved, but this is not a mandatory stage of the procedure. The appraiser will only help to objectively determine the value of each item, on the basis of which the most expensive object can be selected.
If the inheritance is a bank account with cash, the place where the inheritance is opened is the location of the bank branch where the cash deposit is located.
The last place of residence of the testator must be permanent, that is, adapted for living in a residential building. The requirements for such premises are reflected in Art. 15 of the Housing Code of the Russian Federation.