How to enter into an inheritance remotely Rules of inheritance Useful templates

The question of whether it is possible to register an inheritance in another city is of interest to a large number of successors who cannot come to the locality where the testator is registered. Article No. 1115 of the Civil Code states that a notary is obliged to open a case according to the last place of residence of the deceased. If the citizen lived abroad, then the heirs must visit the notary’s office in the Russian city where the deceased’s property is located. It is quite difficult to enter into inheritance rights at a distance, but it is possible if you become familiar with the procedure and features of obtaining the property of the deceased.

How to find out about inheritance in another city

To figure out how to enter into an inheritance from another city, you should familiarize yourself with the methods of informing successors. The notary who opened the inheritance case informs the citizen about the need to issue a certificate.

To learn more about the inheritance, you can contact the relatives of the deceased who live in the same city as the deceased. Also, in order to register an inheritance, it is allowed to send an official request to the notary office at the place of residence of the deceased.

Entry deadlines for non-residents

The law defines a period of 6 months from the date of death. At this time, the heirs are obliged to:

notify about your desire to accept or not accept what is due;
collect certificates, documents, papers;
decide among themselves how to divide property: divide equally and then use it together, distribute objects in kind, pay someone compensation for their share, and other options.

This period applies to any inheritance matter, regardless of:
the presence of non-resident heirs;
presence of a will;
absence of conflicts between heirs;
the number of successors (even if there is only one, he will be able to register the objects in his name only six months after the death of the owner).

Those who live in another city must ensure, first of all, that the application for acceptance is received by the notary on time. To do this, you need to send a registered letter with paper no later than the last day of the six-month period expires according to the postmark on the letter.

After this, you can appoint a trusted representative and send him to complete the resolution of the inheritance issue.

Inheritance procedure

To understand how to register an inheritance in another region, you need to study the general procedure for receiving the property of the deceased. First, you need to contact a notary office, draw up an application and attach the necessary documents to it.

The sequence of how to enter into an inheritance in another city:

Visit a notary office in your locality. There you need to fill out an application, which is certified by a notary. Copies of documents confirming the right to claim the property of the deceased are also prepared and certified.
Sending documents by mail or transferring them by an authorized person to the notary office at the place of residence of the deceased. In the first case, a person personally takes part in the inheritance procedure, therefore he is constantly in touch with other successors and the notary. If you act through an official representative, then it is enough to issue a power of attorney.
Obtaining a certificate. The document is issued six months after the death of the testator.

If the deceased has executed a will, then this document must be provided to the notary. When there is no last expression of will, inheritance is carried out according to law and the successor must prove his relationship with the deceased.

Place of opening of inheritance

The inheritance case is registered at the last place of residence of the deceased. If the recipient of the property is located in another city, then he can claim the right to inheritance in three ways. When a person has not yet decided how to enter into an inheritance in another locality, it is recommended that you familiarize yourself with each option and choose the most convenient one for yourself.

Ways to claim rights to the property of the deceased:

Go to another city . But not every citizen has the financial and time resources to travel and complete all the documents independently.
Remote option . You can send the completed application and papers by registered mail. An unreliable option, because the package may get lost or arrive later than expected.
Issue a power of attorney for a third party . The most optimal way that allows you to transfer all powers to a disinterested representative.

If the deceased lived abroad, then the inheritance case is opened at the location of his assets in Russia. A similar situation occurs when the last place of residence of the deceased is unknown. If the property is located in several cities, then the one in which the largest percentage of property is concentrated is selected.

Does region of residence matter?

Ideally, in order to register the rights to the property of the deceased, you need to visit the notary office at the place of his residence. But this option is often quite difficult to implement, since relatives may be in different parts of the country (for example, the deceased is registered in Moscow, and his successor lives in Siberia).

The region of residence does not matter if you fill out the application and prepare the papers correctly. Thus, documents can be certified at a notary office in your city, and then sent by mail. You can also entrust the preparation of all papers to a third party through a power of attorney.

When dividing an inheritance without a will, conflicts often arise, because each relative believes that he is entitled to a larger share than allotted by law. In this case, the heir is recommended to transfer his powers to a trusted person who will control the legality of all actions.

Package of documents

It is important for applicants to the property of the deceased to know not only how to apply for an inheritance, but also how to draw up additional paperwork. Their list may differ depending on the method of inheritance. But in any case, it is necessary to document the rights to inheritance.

List of required documents:

certificate confirming the death of the testator;
conclusion on the assessment of the value of the deceased’s property;
papers confirming the deceased's ownership of assets;
proof of relationship or will.

An exact list of documents can be obtained from a notary. To complete all the paperwork while living in another region, you need to include the necessary powers in the power of attorney. You can also hire a lawyer who will help you correctly draw up the documentation and send it by mail.

Expenses of heirs

If a citizen registers an inheritance, he must pay state tax. The amount of the fee depends on the degree of relationship with the deceased and the estimated value of the share.

The tax for persons of the first and second lines of kinship is 0.3% of the price of the received real estate, but not more than 100 thousand rubles. Distant relatives are required to give the state 0.6% of the estimated value of assets, but not more than 1 million rubles.

Deadlines for entering into inheritance

To register an inheritance, six months are allotted after the death of the testator. If a person died on 08/01/2019, then the last day for filing an application will be 02/02/2020. If the death of a citizen was established in court, then the countdown begins the next day after the decision was made.

When, after 6 months, someone abandoned the assets of the deceased or did not submit an application at all to issue a certificate, then another 3 months are allotted for the provision of documents by the heirs from the next queues. If a citizen missed the allotted period for a good reason, then he has the right to restore the terms through the court.

FAQ

How to obtain a certificate of inheritance if it was issued in another city? Answer: By visiting a notary in person or by issuing a power of attorney for another person to receive the document.
The citizen died in another city, where a loan was issued for him. Are heirs obligated to answer for the debts of the deceased? Answer: Yes, since along with the rights, obligations are transferred to the legal successor, with the exception of those inextricably related to the personality of the owner of the property (alimony, payment of damages).
Where to go if the place of residence, registration and location of the deceased’s estate do not match? Answer: It is necessary to contact the notary at the place of residence of the successor, fill out an application and send it by registered mail or by an authorized representative to the notary at the place of residence of the testator.

Disputes between the legal successors of the deceased about the place of opening of the inheritance are not uncommon. If a person lived for a long time in one place, but was registered in another, the heirs may be in different cities, and each of them will strive to prove that the case should be opened in his city. The proximity to the notary's office greatly simplifies the procedure for preparing documents. If there is evidence of the testator’s residence not at the place of registration, which includes witness statements, checks for payment from another city with the testator’s signature, you can go to court and change the place of opening of the inheritance.

The success of the case depends on the competence of drawing up a statement of claim and selecting the evidence base, and the lawyers of the site ros-nasledstvo.ru are always ready to help in these matters.

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Where to apply for inheritance

First you need to determine where to send the application to formalize the inheritance. It must be submitted at the last place of residence of the deceased. This is usually the city in which the citizen spent the most time.

If the testator is a minor child or an incapacitated person, then the place of residence of the official guardians is taken into account. When a citizen is registered abroad, and his property is located in the Russian Federation, then the inheritance case is opened in the locality where the largest amount of real estate is located.

Visit to a notary

There are 2 ways of entering into inheritance - formal and actual. The second option allows you to dispose of the property of the deceased six months after his death. But for this you need to first obtain a special certificate. In this case, you will have to prove your rights to own property in a notary office or in court.

It is safer from a legal point of view to personally submit an application within 6 months after the death of the testator at his place of residence. A package of papers is also collected and submitted to the notary’s office. After six months, the notary issues a certificate.

When problems arise with a personal visit to a specialist (for example, when the heir is in another city), you can issue a power of attorney, according to which a third party will receive material benefits. It is also possible to send documents by mail.

Sending by mail

To send documents for an inheritance in another city by mail, you must first prepare and certify them with a local notary or authorized persons.

Which citizens have the right to certify applications:

representatives of the municipality;
embassy workers;
heads of military units and prisons;
representatives of the administration of social institutions and health organizations.

It is recommended to send papers in advance to meet deadlines. It is prohibited to impose conditions, correct information or provide false information in the application. You also need to complete and send the necessary papers. But if the documents are restored, then you can send one application. Specialists will accept all certificates later.

Transfer of powers to a third party

In Article No. 1153 of the Civil Code you can find a written clause according to which you are allowed to transfer your powers to a representative by issuing a power of attorney. The document describes in detail all the issues that will be dealt with by the third party.

What powers are allowed to be delegated to an official representative:

checking the legality of the actions of other successors;
filing an application;
ensuring the safety of real estate and movable assets;
cooperation with banks and other financial organizations;
provision of missing certificates;
making payments.

The official representative is a legally competent adult who is not interested in receiving the property of the deceased. It is best to contact a lawyer who knows how to properly prepare documents.

Method one: mail correspondence

Having learned that he is a potential heir, the citizen must confirm his consent to accept the entire share that is due to him, or write a refusal.
Usually, the notary sends letters to everyone who can count on an inheritance, but did not appear on the opening day of the case. He finds out addresses from relatives, or makes inquiries himself. If a nonresident relative learned about the death of a loved one from relatives, from a letter from a notary, or by chance in another way, he must, within six months, declare his intention to accept the share, if any is due to him.

The procedure is as follows:
An application for acceptance of inheritance is drawn up in any notary office. It is typical and contains basic data: who the heir is, what family ties he has with the deceased, and his consent to fully receive everything that is due. You can also compose the paper yourself, using a model from the Internet. The notary will certify the application and charge a fee for it. The cost of assistance in preparing the paper depends on the specific office;
It is also necessary to certify copies of documents: passports and proof of relationship (birth certificates, marriage certificates, etc.);
a package of certified documents is sent by registered mail to the notary office where the inheritance case is opened.

After some time, you can additionally call this office and clarify whether the letter was received and whether the materials were included in the case. If everything goes well, we can assume that the share in the inheritance is already assigned to the recipient.

After 6 months from the date of death, a new application to the office will follow - for a certificate of entry into the right of inheritance. This can be done after paying the fee and other services at the notary’s rates. Employees will send original documents by registered mail.

Rights to inheritance by law or by will

You can claim the property of the deceased on the basis of law or a will. The first option is considered the most common. The priority and share of each legal successor are determined by law and are spelled out in detail in Article No. 1141 of the Civil Code.

According to the law, close relatives can claim the inheritance. In the first line there are husband, wife, children, father, mother. Each successor receives an equal share of the total estate (the total property of the deceased). When the assets are classified as jointly owned, the widower or widow can count on 50% of the community property. At the same time, they can also formalize a legal share of the inheritance mass.

If first-degree relatives refused to enter into an inheritance in another city or place of residence of the deceased, then the property is divided between distant relatives. The second line of kinship includes brothers, sisters, grandparents.

The testator can independently determine the circle of persons and their shares in the inheritance mass if he draws up and certifies the expression of will in advance. You can make a will in another city or even in another country. The main thing is to certify him at his place of residence.

Features of inheritance by will

If the testator makes a will during his lifetime, he will be able to independently determine the claimants for his assets. The last declaration of will must be certified by a notary office to give it legal force.

What information is included in the will:

information about the successors and the size of the shares that are due to each of them;
conditions for inheriting assets after the death of the testator;
list of citizens who are prohibited from claiming inheritance.

Many people are interested in whether it is possible to make a will in favor of friends or colleagues. When drawing up an order, a citizen can transfer his property to any persons, including people with whom there are no family ties. But a will cannot deprive relatives of their obligatory and spousal shares.

Time limits for entering into inheritance under a will

Successors are given 6 months to complete and submit their application. The countdown begins from the day the heirs are announced. This date is set by the notary, which is communicated to all applicants for the property of the deceased.

Writing an application for acceptance of inheritance

There are two ways to accept an inheritance: contact a notary or make an actual entry. Contacting a notary is necessary to subsequently obtain a certificate of inheritance and obtain title documents.

After the death of a relative, his successors must open an inheritance case by contacting a specialist. The choice of a notary office is carried out on the basis of its territorial affiliation with the area of the deceased’s last residence. At the first application, the heirs write an application for inheritance.

Along with the application, it is necessary to prepare documents that will allow the notary to determine the rights of the successors and the inheritance. Basic papers required:

Death certificate.
An extract about the last place of registration of the testator.
Will or evidence of the degree of relationship between the applicant and the deceased.
Passport of the applicant.

Along with the main documents, it is necessary to prepare all the papers regarding the ownership rights of the testator to his property.

Extension of deadlines

If the successor does not formalize the inheritance within six months after the death of the testator, then he loses the right to claim the property of the deceased. Such a decision can be challenged in court. The heir must have a valid reason that prevented him from issuing the certificate on time.

Grounds for renewal of inheritance rights:

ignorance of the death of the testator and the share of property allocated by the deceased;
stay in prison;
health problems;
long business trips;
service in the armed forces.

The period for accepting an inheritance can be extended through a court procedure. The issue can be resolved peacefully if all successors give their written consent to the recalculation of shares. But this option is practically unrealistic, because few people will agree to voluntarily transfer their part of the property to a third party.

Deadlines for presenting rights to join

According to the law, the time allotted for receiving an inheritance is six months. Six months are given to the heirs in order to resolve all legal issues, in particular, to create a case of inheritance and to register the application. During a given period of time, it is often difficult for an heir living in another place not only to comply with the deadline, but also to generally receive news of the death of the testator. Because of this, 6 months for registering the application may be missed.

Upon expiration of the term, the heir does not lose the right to the property belonging to him by law. This issue can only be resolved through the courts. It is required to provide the necessary evidence about what exactly prevented the timely submission and registration of the application to the notary’s office. Such reasons may be:

Stay in correctional institutions.
The serious health condition of the heir.
Military service or military duty under a contract.
Lack of information about the inheritance, as a result of which the receiver was unable to contact the notary in time.

The issue of when to accept an inheritance can be resolved not only through the court, although in most cases this is the route used. If the remaining applicants for the inheritance agree that the property should be divided, the opportunity to register a new agreement is given, and all previously signed documents will lose their importance.

Who pays off the debts of the testator

According to Article No. 1175 of the Civil Code, successors receive not only the property of the deceased, but also his debts. Debts are distributed among the heirs in the same way as assets.

What obligations pass to successors:

bank loans;
debt against receipt to ordinary citizens;
late payments for utilities;
unpaid taxes;
various fines and delays.

If during the life of the testator a loan is issued with guarantors, then after his death it is they who undertake to repay the loan. When the deceased independently paid for the loan, then after his death all obligations pass to the heirs.

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What documents are needed to formalize a power of attorney?

A mandatory share in the inheritance of a deceased relative living abroad puts the successor in a difficult situation. After the death of the testator, not every citizen can afford to travel abroad, even to complete the accompanying documents.

The process of inheritance and the procedures accompanying it are regulated by the laws of the state where the deceased relative lived. Provided that the values are located within the Russian Federation, their inheritance is regulated by the norms of the country’s civil legislation.

Most foreign countries allow the interests of a legal successor to be represented by a lawyer acting under a properly executed power of attorney.

The grounds for the emergence of such powers do not differ from Russian ones:

legal terms;
relative's will.

The procedure for accepting an inheritance abroad is regulated by the laws of the state where it is opened. If the property is located in the Russian Federation, it is inherited according to the laws of the country.

In most states, the interests of the successor may be represented by a lawyer on the basis of a power of attorney.

The period for entering into inheritance in foreign countries varies from 3 to 6 months. The grounds for acquiring part of the property are the same everywhere: you can become a legal successor by law (inheritance orders differ in different countries) or on the basis of a will.

A certificate of inheritance rights is issued in the Russian Federation and then legalized by a government agency of a foreign state. A trusted person can handle the paperwork.

To obtain such a document, you must visit a notary office. The notary has sample forms that comply with legal requirements. Any capable citizen who has reached the age of 18 can be a proxy.

The document is drawn up in writing on a special form, certified by the signatures of a notary and the principal. The text must be written in legally competent language, abbreviations and corrections are not allowed, the presentation style is clear and understandable. To issue a power of attorney, the following documents are required:

passports of the heir and the authorized representative;
will, if any;
certificates confirming family ties with the deceased if inheritance occurs in order of priority;
death certificate of the person who left the inheritance;
registration and title papers for property objects included in the inheritance mass.

For drawing up a power of attorney, a state fee is paid on the basis of Art. 333.24 of the Tax Code of the Russian Federation.

The following information should be included in the text of the document:

date and address of its execution;
complete information about the applicant for the inheritance and his authorized representative, indicating passport details and place of permanent residence;
a list of powers that the principal transfers to the authorized person;
a list of property that is inherited;
signatures of the heir and the notary.

Any notary is involved in drawing up a power of attorney, regardless of where the testator lived and where the objects of the inheritance are located.

The notary's certification signature includes information about the principal, payment of the duty fee, document registration number, seal and personal signature of the notary.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists by phone numbers listed at the top of the page, or through online form.

The heir’s efforts are not limited to the application being sent or submitted to a notary in another locality. The notary will open an inheritance file based on the application, but it must be supplemented with other documents, without which the property of the deceased will not pass to the heir, namely:

death certificate (original or certified copy);
written confirmation of relationship with the testator;
an extract from the house register;
documentary confirmation of the deceased’s ownership rights to the inherited property;
a document indicating the cadastral value of the inheritance as of the day of death of the testator.

In order to have time to collect the above within the legal deadlines, you need to either provide all the necessary powers in the power of attorney, or entrust this to a professional lawyer who understands the intricacies of the issue of how to enter into an inheritance in another city.

Need a lawyer

Registration of inheritance in another city creates a certain discomfort. There are two ways to solve the problem - send documents by mail or use the services of a representative.

However, the heir's expenses will increase slightly. In the event of actual acceptance of the inheritance, the successor will need to prepare documents confirming this fact.

You can get an initial consultation regarding the package of documents, deadlines and method of filing an application, the amount of expenses and subsequent registration of property rights from our lawyers. The application is submitted through a special form on the website.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
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Sooner or later the moment comes when it is necessary to enter into an inheritance. Often, applicants for property may live in different regions. We will tell you how to carry out the registration procedure without risk and deception, while in another city.

From this article you will learn: