How to register an inheritance in another city without traveling there.

How to register an inheritance in another city

Registration of inheritance is a long and labor-intensive process. The heir (no matter, by will or by law), who lives in different cities with the testator, has a number of additional questions: how to enter into an inheritance if it is located in another city, and how to apply for an inheritance without going there? These problems are associated with the distance of the heir from the place where the inheritance case is opened.

Often, personal presence when registering an inheritance is impossible for objective reasons. Then a trusted person is identified who lives in the place where the inheritance case is opened and a notarized power of attorney is issued to him, which gives him the corresponding rights.

If the heir does not want to involve third parties in the inheritance registration procedure, he can enter into official correspondence by mail with the notary who has opened the inheritance case.

All papers are sent by registered or certified mail with acknowledgment of receipt. The notification confirms the receipt of documents.

Within 6 months after the death of the testator, the following activities are carried out:

opening an inheritance case;
identification of all heirs;
notification of all heirs about their right to inheritance;
determination of the entire inheritance mass and its monetary equivalent;
determining the expected shares for each heir;
obtaining the written will of the heirs to enter/refuse the inheritance.

If the heirs do not live in the place where the inheritance case was opened, then you need to know where the inheritance is formalized if the deceased is registered in another city, and how to enter into the inheritance without coming there.

According to the law, an inheritance case is opened at the place of last residence of the testator or at the place of the largest object of the hereditary mass on the territory of the Russian Federation.

The case is opened by a notary, who is empowered to conduct inheritance affairs, based on the application of at least one of the heirs. If he lives in another city, then he will have to decide how he will take part in the inheritance procedure.

Often the process of accepting an inheritance is associated with resolving various, sometimes quite conflicting, issues with the heirs. Therefore, the second option for registering an inheritance is most preferable.

The heir identifies a trustee and draws up a notarized power of attorney, which will allow him to perform actions on behalf of the heir.

How can I accept

Speaking about how to enter into an inheritance, it is worth noting that there are two ways in which this can be done:

A method that is factual in nature. That is, no papers are drawn up. In this case, it is assumed that the successor will use the property assigned to him according to its purpose. In particular, caring for him, paying expenses associated with maintenance, etc.
By completing the required documentation. This method involves the heir contacting the notary, who is in charge of the corresponding inheritance case. When contacting such a specialist, it is necessary to make a statement that the inheritance is open.

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Both options by which inheritance is carried out are in accordance with the law, and the heir can make a choice regarding which option is more suitable for him. It should be remembered that no matter which method the assignee chooses, it will need to be applied within six months. This period begins to run from the date of death of the owner of the property.

In the first option, it is not subject to registration as such. In this case, the inheritance goes to the person who has the appropriate rights, according to laws and logic. A significant disadvantage of this method is the absence of a properly executed document that would confirm that the inheritance was accepted in accordance with the law. Therefore, it is recommended to register the receipt of property with the help of a notary. Otherwise, it is possible that one of the heirs will go to court to challenge such inheritance and will have to defend their rights.

When entering into an inheritance, you need to prepare documentation, which will require going through several stages:

first you will need to visit a notary office in order to open an inheritance case;
then you will need to write a statement reflecting your will to accept the inheritance (it must be properly certified);
further activities are carried out aimed at collecting the required documentation;
after which it is provided to the notary;
successors will need to pay a state fee and provide a document;
Lastly, a certificate is issued, which confirms that the heir has the corresponding right.

Each of the described steps involves performing certain actions. In particular, those relating to the collection of necessary papers and so on.

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Deadlines for entering into inheritance

The deadline for accepting an inheritance is clearly stipulated by the legislator and is six months from the date of death of the testator. During this time, all heirs must submit an application to enter into the appropriate rights.

There are situations when the heirs cannot file it on time. Relatives who are far away from each other, rarely see each other and communicate, may not immediately find out about the death of a loved one. Submitting an application remotely within six months can also be difficult.

In such cases, the missed deadline can be restored in court. But the court will need to provide comprehensive evidence that the heir could not file the application within the period established by law.

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Such evidence may be:

delay in receiving information about the death of a relative;
emergency service;
imprisonment;
disease.

In addition to the court, the deadline for filing an application can be restored by agreement of the remaining heirs. If at least one successor of inheritance rights is against dividing the inheritance, then the matter will have to be resolved in court.

When the heir submits an application to the notary who is handling the inheritance case, he is obliged to provide the following information in writing:

information about all heirs known to him and their place of residence;
information about the entire hereditary mass known to him, its location and monetary equivalent;
written expression of one’s will to enter/refuse inheritance.

Only on the basis of this information, the notary is obliged to send notices to the heirs or provide public information in the media about the death of the testator.

In order to avoid subsequent disputes about the redistribution of the inheritance, each heir is obliged to take care to notify other heirs about their right to inheritance.

An heir who has not exercised his right to inheritance can claim it even after a long time has passed after the death of the testator.

Before going to court, the heirs have the opportunity to voluntarily resolve this issue through the notary who handled the inheritance case and redistribute the inheritance mass taking into account the new heir. This is an ideal option, which is not always realized in life.

If other heirs refuse to accept a new heir into their ranks, he goes to court at the place where the inheritance case was opened and presents compelling evidence of the reasons why he did not exercise the right to inheritance within the period established by law. The court, having considered the evidence, changes the distribution of the inheritance between the heirs.

If the heir lives in another city and does not have the opportunity to personally take part in litigation, he does this through a proxy who represents him in court on the basis of a notarized power of attorney.

How to enter into an inheritance if the inheritance is in another city? The procedure is no different from entering into an inheritance in your hometown. The first thing to do is submit an application to the notary who is in charge of the inheritance case.

In any case, a written application to the notary at the last place of residence of the testator will be required.

Since it is quite possible to enter into an inheritance if you live in another city, it is important to have time to formalize everything within six months from the date of opening of the inheritance.

A violation of the six-month period will not necessarily lead to the loss of the right to the material assets left behind. It can be restored, but in some situations it will not be possible. So it’s better to do everything on time.

How to apply for inheritance

The legislation provides for three ways to officially present rights to inherited property other than at the place of residence of the heir. When deciding how to apply for an inheritance in another city, you should choose the most acceptable one:

The simplest option is a personal trip and resolution of all inheritance issues that arise. But this is not always possible. Then you have to decide how to register an inheritance in another city without traveling there.
You can use mail to submit your application remotely.
If you are not satisfied with the mail, then you can issue a power of attorney to a reliable person.

When filling out an application for inheritance, the applicant must not make a mistake in the full name of the person who left him the property and his own, clearly express his will regarding the acceptance of what was left, indicate the facts confirming the right of inheritance, put down the correct date and personal signature.

Sending by mail

If you do not want to involve other people in your inheritance affairs, you can use mail. In this case, the signature on the application is certified by a notary at the place of residence of the heir.

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Regardless of whether the envelope containing the application is sent by registered mail or by express delivery, the sender must be notified that the letter has been delivered to the addressee.

Without too much trust in postal services and not being able to travel yourself, you can use intermediary services. As an intermediary, to whom a notarized power of attorney will be issued, you need to choose a trusted person from among close people or professional lawyers.

Deadlines for accepting an inheritance

If a notification has been received from a notary or the heir himself has learned about the death of a relative living in another city, he must, within 6 months from the date of the testator’s death:

Contact the notary office at your place of residence and write an application for acceptance of the inheritance, notarize your signature on the application and copies of title documents.
Send these documents by certified/registered mail with notification to the notary office where the inheritance case has been opened. Thus, you record your will regarding the inheritance (entry or refusal).
Decide how you will take part in the inheritance procedure:
through a proxy - prepare a notarized power of attorney for the proxy, giving him the authority to act on behalf of the heir. All questions regarding inheritance will be decided by it.
After 6 months, a certificate of inheritance will be issued.

The period for entering into inheritance is determined by 6 months from the next day from the date of death of the testator.

If the inheritance is distributed by will, then the 6-month period is counted from the next day after the announcement of the heirs. If the date of death is established by the court, 6 months are counted from the next day from the date of announcement of the court decision.

If within 6 months one of the heirs has not declared their rights or has renounced the right to inheritance, then for the next stage of inheritance another 3 months are added after the end of the 6-month period.

It happens that the heir misses the 6-month deadline for entering into inheritance for a good and valid reason. It can only be restored through legal action. Pre-trial resolution of this issue presupposes the voluntary consent of other heirs to review the division of inherited property, taking into account the share of the new heir. This procedure is carried out with the direct participation of the notary who conducted the inheritance case.

Deadlines

Civil legislation has fixed a six-month period of time after the opening of an inheritance during which applicants have the right to enter into it. This long period was deliberately chosen so that all legal successors could learn about the existing prerogative and present their consent or refusal.

After this period, no new applications for consent will be accepted unless the period is extended by a court decision. It is possible to restore a missed deadline only through litigation, and then only if there are good reasons that contributed to the missed deadline.

Respectable factors include:

Protracted illness.
Stay in a correctional facility.
Conducting compulsory service in the ranks of the Russian Armed Forces in remote areas.
Receiving information about the opening of an inheritance with a long delay.

However, there is another way besides the judicial one. If all other successors do not make any claims, then an agreement is drawn up. The estate is divided among an increased number of successors, and new certificates of ownership are issued.

Additional documents for registration

It is not uncommon for close relatives to live in different cities or even countries. Completing military service or serving a sentence in prison creates difficulties in appearing in person in order to receive the due inheritance. So is it possible to register an inheritance while in another city?

The Russian legislator has provided for solutions to such situations. Remote entry into inheritance is much more difficult, but still possible. This is regulated by Article 1153 of the Civil Code of the Russian Federation.

Article 1153 of the Civil Code of the Russian Federation provides two ways to declare the right to inheritance in another city:

Sending relevant documents by Russian Post or courier service.
With the help of a trusted person.

First way

The heir must submit an application to the notary to enter into inheritance rights within the prescribed period. It must be executed and certified in accordance with the requirements established by law, otherwise the notary has the right not to accept it.

How to apply for an inheritance in another city? This can be done in two ways - by mail and courier service.

Russian Post will need to send a registered letter to the heir with a description of the attachment. This method is not the fastest or most reliable. The registered letter may be lost and then the heir will miss the deadlines established by law for filing the application.

An alternative to Russian Post is courier services that will deliver the necessary documents to the notary on time. This method is more reliable, since it is possible to control the process of document delivery.

Actions after joining

After registering an inheritance in another city, the successor must undergo state registration if he inherited real estate or a car. Without it, it will not be possible to become the owner of property, and, therefore, to dispose of it.

Re-registration of real estate

The property is registered with Rosreestr, where you must submit an application and a package of documentation. If the heir is in another city, his authorized representative, who has a power of attorney confirming his authority, can handle the procedure.

The following documents are required for registration:

Passport.
A certificate certifying the death of the owner of the property.
A certificate indicating the existence of an inheritance right to the property.
Receipt of payment of the fee to the state.
Documents for the object.