Actual acceptance of inheritance
Art. 1153 of the Civil Code of the Russian Federation provides for 2 options for entering into inheritance rights. The law gives 6 months for this from the date of death of the owner.
The main method is notarial. In such a situation, a person who has the right to receive property (by law or by will) must contact the notary office at the place where the inheritance was opened.
Based on the results of the application, a certificate of inheritance rights is issued. Based on this document, the copyright holder must carry out state registration of the received property.
As a result of notarization of property, a citizen is endowed with all the rights of the owner. He can sell the object, donate it, rent it out. From the moment of registration, he becomes the full owner.
The second option is the actual one. Its peculiarity is the absence of official documents on the ownership of the heir. Legally, the object continues to be registered with the deceased.
A citizen must perform a number of actions aimed at actually entering into inheritance.
Among them:
- payment of bills;
- repairs or payment for them;
- ensuring the safety of the object;
- living in an apartment.
That is, a citizen must use the object and take care of it as an owner.
Problems with actual inheritance
A popular example of actual inheritance is moving into the apartment of the deceased. However, it is necessary to distinguish from this the situation when the heir is a co-owner and lived in the apartment until the death of the co-owner.
In such a situation, you can prove the actual entry into the inheritance by the fact of repairs and full payment of utility bills.
The actual entry into inheritance is one of the most popular inheritance disputes. Often citizens do not know about the need to contact a notary, do not have the funds for registration, or simply do not consider it necessary to contact a notary office.
But they forget that the inaction of the assignees is equivalent to abandonment of the property by default. As a result, other heirs have the right to register it with a notary.
Also, the need for litigation arises if a citizen decides to formalize rights to property. But the notary refuses to issue the certificate due to lack of evidence.
Take the survey and a lawyer will share an inheritance action plan in your case for free
You might find it useful:
State duty calculator for inheritance
Samples of inheritance documents
Consultation with a lawyer on inheritance
Entering into inheritance through the court, how to file a claim
Minors do not have the right to sign, but the claim is filed by parents or legal guardians. They also receive an inheritance when they achieve an extension. Representatives cannot sell, give, change or bequeath property. The task is to preserve values until adulthood. If the deadlines are missed, the actions of heirs who do not have legal capacity are limited. Therefore, instead of them, the people who depend on them are involved in the trial.
You have to act quickly, because claims to extend the period of inheritance are accepted within three years - the limitation period according to the Civil Code. There are two ways out of the situation:
- Agreement with other heirs . It is documented and endorsed by a notary. The result is the cancellation of the certificate of inheritance, re-registration of the hereditary mass on the terms of a new distribution of shares.
- Judicial order . An application is written to the court to extend the period of inheritance. A hearing date is set, a decision is made to initiate a new inheritance case, based on the results of which the inheritance is redistributed.
It is necessary to carefully prepare, especially when competitors in the inheritance fight do not want to share. Statements of claim for extension of time limits for acceptance of inheritance are accepted if there is sufficient justification for the legality of the claims.
In accordance with the Civil Code of the Russian Federation, the heir should, within six months, contact the notary’s office with an application for the issuance of a certificate of inheritance rights. Additionally, you will need to provide documents confirming the legality of the heir’s actions. If necessary, the notary may require some certificates and papers, after receiving which he will be able to close the inheritance case and issue a certificate. If it is necessary to confirm the legal rights to enter into an inheritance, you will need to go to court during the period of acceptance of the inheritance. Based on the decision made, the notary issues the required certificate or rejects the request. An application for restoration of the missed deadline for accepting an inheritance is submitted to a notary at the place where the inheritance case was opened, which, by law, is the place of last residence of the testator. If it is impossible to determine the last place of registration of the owner, or if he lived abroad until his death, an application to restore the terms of the inheritance is drawn up in a notary office located at the location of the majority of the inherited property.
If the inheritance is located in different localities, the assistance of a lawyer will be required to restore the terms of acceptance. He will determine the location of the most valuable property and in which place it is best to draw up documentation for going to court.
The procedure for entering into inheritance is specified in two legal acts at once - the Civil Code of the Russian Federation and Resolution of the Plenum of the Armed Forces of the Russian Federation No. 9 “On judicial practice in inheritance cases.”
The date of opening of the inheritance is considered to be the day of the citizen’s death or the entry into force of a court decision declaring him dead. From this moment you have 6 months to claim your rights to the inheritance. If you missed this deadline, you can:
- go to court for its restoration;
- come to an agreement with all heirs who have already assumed their rights.
If you failed to enter into inheritance on time, restore the deadline.
The second method is the simplest. But it is not always possible to use it. For example, if you are the only claimant to an inheritance. You will also have to go to court if all the heirs missed the allotted period. In addition, it is sometimes difficult to reach an agreement with the remaining heirs, because their share of the inheritance will decrease.
It is important that the consent of each heir is obtained. If one is against it, you won’t see the inheritance. So stick to the plan:
- obtain written consent from all heirs (individually from each or jointly);
- obtain from a notary a certificate of title to the deceased’s property.
If this option is not suitable, you will have to go to court.
Get the consent of all heirs to restore the term.
The chances of a positive consideration of the claim can be increased. To do this, the application must be drawn up in accordance with the following rules:
- It is necessary to indicate information about other legal successors;
- It is necessary to provide all information about the reasons for missing deadlines, as well as document it;
- You need to monitor the progress of the case, check the dates of preliminary hearings and meetings.
It is important to familiarize yourself with judicial practice in order to analyze in which cases judges make a positive decision in a case. Judicial practice on restoring the deadline for accepting an inheritance is here.
To extend the inheritance period there must be compelling reasons.
Form and content of the application to establish the fact of acceptance of inheritance
You can go to court by stating your demands in a statement of claim. This is a document that is drawn up in writing by the plaintiff.
The application form is not prescribed by law. However, it must comply with the provisions of Art. 131 Code of Civil Procedure of the Russian Federation.
Key points:
- the name of the judicial authority at the applicant’s place of residence;
- plaintiff's details;
- information about interested parties;
- name of the claim;
- information about the death of the owner;
- a list of property included in the inheritance;
- information about the presence/absence of other recipients;
- data confirming the fact of acceptance of the inheritance;
- reference to law;
- requirement to establish the fact of acceptance of inheritance;
- list of documents;
- signature and initials of the applicant, date.
Important! The document can be signed by the applicant personally or by his authorized representative.
Sample statement of claim
Sample application to establish the fact of acceptance of inheritance:
Consultation on document preparation
Statement of claim for inclusion of property in the inheritance
Sample statement of claim for restoration of the deadline for accepting an inheritance
Which categories of applications must be submitted to which courts?
Which court will examine the case depends on the essence of the citizen’s claims.
Therefore, based on this criterion, applications are divided into two types:
- Applications containing a request to establish the fact of acceptance of the inheritance;
- Statements of claim also containing a demand to recognize ownership.
These types differ as follows - whether there is a dispute about inherited property or not. Also, other demands may be made in the claim.
For example, if in the text of the application, which contains a request to establish the fact of acceptance of the inheritance, a request is added to recognize the citizen as the owner of the property related to the inheritance, then it will go into the category of claims.
Such cases fall within the competence of district (city) judicial authorities located in the place of residence of the person filing the application. If there is real estate among the inherited property, then the problem will be dealt with in the court located at its location.
Claims in which citizens demand to establish the actual acceptance of the inheritance and recognize them as owners are submitted to the judicial authorities of the district (city) where the property is located.
If an employee of a notary's office unreasonably refuses to issue a citizen with documents confirming the rights to inheritance, he has the right to appeal such actions to a judicial authority.
We can talk about unlawful actions of a notary employee when the heir presented him with real confirmation that there was a fact of acceptance of the inheritance by performing certain actions.
Who can be a plaintiff in a case?
The proper plaintiff is the heir who has legal rights to enter into the inheritance. That is, it is he who should have the right to receive property before other applicants.
For example, if there is a will, such a person is the legal successor under the will. And in the absence of an expression of will, such an opportunity appears to the legal successors of the next generation. As a rule, this is the first priority (spouses, children, parents).
The process can also be initiated at the initiative of the deceased’s creditor. Any individual or legal entity who can confirm the existence of a debt (loan agreement, receipt) may ask to establish the fact of inheritance in order to collect the debt.
Are you tired of reading? We’ll tell you over the phone and answer your questions.
The procedure for filing a claim with the court to establish the fact of acceptance of an inheritance
Algorithm for initiating the process to establish the fact of acceptance of inheritance:
- Collection of evidence.
- Payment of state duty.
- Filing a claim.
- Determination of jurisdiction.
- Referral to court.
- Trial.
Step 1. Preparing documents
The applicant must prove that he took action to actually enter into the inheritance within the established time frame.
To do this, you need to prepare the following data:
- the applicant's civil passport;
- receipt of payment of state duty;
- certificate from the housing office (if the plaintiff lives in the apartment of the deceased);
- information from a garden society or garage cooperative about timely payment of contributions;
- utility bills;
- receipts for payment of debts of the deceased;
- bank statements about the transfer of funds to pay the testator's payments;
- agreement on the provision of repair and construction services;
- information on ensuring the safety of the object (certificate of rental of a garage, container for storing things).
Additionally, you can involve witnesses. Citizens must confirm in court that the applicant owns and uses the property of the deceased as his own.
Separately, it is worth highlighting the physical evidence. The plaintiff has the right to provide small but expensive objects that previously belonged to the deceased (jewelry, paintings, antiques).
Step 2. Payment of state duty
The amount of the state duty depends on the situation:
- if there is a defendant - 300 rubles;
- if there is a defendant and a demand for recognition of ownership of real estate - 300 rubles. + amount for property dispute;
- if it is necessary to establish a legal fact (without a defendant) – 300 rubles.
Step 3. Determination of jurisdiction
The court authorized to resolve this situation also depends on the presence/absence of the defendant:
- if available, the district or city court at the place of registration of the defendant;
- in the absence - the district or city court at the place of registration of the applicant.
Step 4. Submitting a claim to court
The application and documents are prepared in a number of copies equal to the number of parties to the proceeding. Each copy of the document must be certified with a signature, a transcript of the plaintiff’s signature and the inscription: The copy is correct. Certificates and extracts are provided to the court in the form of originals.
Documents can be sent as follows:
- personally;
- through a representative;
Important! The representative must have a notarized power of attorney. The exception is when documents are submitted by parents or guardians. Their powers are confirmed by data on the presence of a family relationship or a guardian’s certificate.
When sending documents by mail, you must add a description of the contents to the envelope.
What evidence must be provided to accept an inheritance?
So, a person wishing to receive an inheritance must fulfill a number of conditions necessary to obtain legal rights to the property of the deceased. However, the legal procedure for obtaining an inheritance requires the provision of a number of evidence. What evidence can convince the notary and the court?
In order to confirm inheritance rights, you will need to collect the following evidence:
Written evidence
Documents of this kind include most types of evidence. They confirm that the person who is the heir performed actions within the period (this is 6 months) in order to receive his inheritance.
These actions include:
- Applying to the Housing Office for a certificate confirming that the heir used the testator’s residential property before and after his death;
- You will need to contact state and municipal authorities or cooperatives (for example, dacha, garage, garden) to obtain certificates that the future heir has used the property of a relative. For example, he lived in a country house, or used a garage;
- You will need a receipt indicating that you have no debts for utilities or insurance services. In addition, you will need to prove the absence of debts to the tax office;
- Bank account statements that confirm the receipt of funds by the person who is the heir;
- Accounting statements in the form of checks, receipts that prove the purchase of materials, spare parts, consumables necessary for property that was inherited;
- Agreements that are concluded to provide necessary services for the maintenance of property. Carrying out the necessary repair work, installing an alarm system, renting out under a lease agreement;
- Documents from the bank on payment of loan obligations and loan repayment;
- Receipts for returns or receipt of debt obligations;
- Claims against persons who illegally took possession of property (with appropriate notes from the court office that the claim has been accepted for consideration);
- A statement containing an appeal to the bailiffs.
How to receive an inheritance without a will?
When you enter into inheritance rights after death, read here.
How to avoid inheritance debts, read the link:
A number of other documents that can prove that the heir has completed the actions necessary to receive the inherited property.
The evidence base is collected in accordance with legal requirements. Documents are drawn up taking into account the requirements of office work. They are drawn up on special forms and certified by signatures, seals, and stamps. There must be a signature of the person who compiled it.
Witness's testimonies
Another way to confirm your rights to inheritance is oral testimony from witnesses. Using this, you can also prove the fact of receiving an inheritance. Neighbors on the landing, as well as other strangers, can confirm that the heir has committed actions that confirm the fact of disposal of the property of the deceased.
Witnesses in this case may include:
- People who communicated with the heir while he was using the residential property of a deceased relative. These could be acquaintances, relatives;
- Neighbors who live in the same entrance, in the same house or on the same floor, and who observed the actions of the heir;
- Loaders of transport companies that provide services for moving furniture, equipment, and utensils;
- Builders who performed construction, finishing or repair work in residential premises owned by the testator;
- People who can provide evidence that the decedent's vehicle was repaired, etc.;
- Neighbors in the dacha or garden plot, who may indicate that the heir used the dacha or garage;
- Neighbors in the garage cooperative who can prove that the heir uses the garage;
- Witnesses of the transfer of money with which the heir paid creditors or debtors.
Real type proof
Material evidence may include things that the testator used and that the heir now uses. These may be small but valuable items. For example, jewelry, collection.
Arbitrage practice
As practice shows, an application to establish the fact of acceptance of an inheritance is most often made by the creditors of the deceased and citizens who lived with him.
Example from judicial practice No. 1:
The credit organization went to court to recognize the heirs of the deceased debtor as having actually entered into the inheritance. However, the debtor’s daughters explained to the court that they did not communicate with their father and did not receive his property. The notary at the place of last registration of the deceased confirmed that the inheritance case had not been opened. The court refused to satisfy the applicant's demands. (Decision No. 2-477/2019 2-477/2019~M-224/2019 M-224/2019 in case No. 2-477/2019 dated July 15, 2019).
If a citizen requests recognition of the fact of inheritance in relation to the deceased’s home, then the fact of residence in the disputed apartment is important. That is, the court recognizes as having assumed the rights the heir who lived in the apartment during the life of the owner or moved in after his death.
Example from judicial practice No. 2.
Citizen G. went to court to recognize the fact of inheritance after the death of her mother. The woman was ill and could not come in on time. After the death of her mother, the plaintiff moved into her apartment, paid the payments and made repairs. Every fact was documented. The court satisfied her demands. (Decision No. 2-386/2019 2-386/2019~M-161/2019 M-161/2019 in case No. 2-386/2019 dated May 30, 2019).
What is needed in order to accept an inheritance?
To be able to dispose of inherited property, it must be accepted. This process occurs unilaterally with the consent of the heir. The entire procedure is carried out in accordance with the procedure established by law. In addition, certain deadlines and methods apply.
If the fact of death of the person who left the inheritance is established, the notary opens an inheritance case, determining the inheritance mass. His responsibilities include searching for and notifying potential heirs who either accept the property of the deceased or renounce their claims.
If the heirs express a desire to take possession of the property of the deceased, they draw up a corresponding application, which is submitted to the notary's office.
A sample of such a statement can be downloaded here.
In addition, you will need an application for the issuance of a certificate that secures the right to inherit movable and immovable property.
The completed application is submitted to the notary, after which he draws up the appropriate document securing the right to a share or to all property that remains after the death of the deceased. This document gives the right to the property of the inherited estate, which passes from the deceased relative to the persons who are heirs.
So, having drawn up a statement of fact, acceptance of the inheritance, the heir can exercise his legal right and enter into inheritance.
What features does such a document have?
There are three important points to be aware of:
- Each notary has his own forms of such documents. It follows from this that there is no point in taking initiative in this matter. It is much easier to contact a notary who deals with this matter. The notary will provide the necessary application template, which can be filled out directly in his presence;
- The heir has the right, which allows him to submit an application with two requests: To establish the fact of acceptance of the inheritance;
- Draw up a certificate of accession to inheritance rights (such an application can be submitted separately);
You can download the application for accepting the inheritance and issuing a certificate here.
