Grounds for opening an inheritance

The concept of opening an inheritance

The concept of inheritance is defined as the sum of all rights to the property of a deceased citizen and his obligations, passing to the heirs. The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) devoted a chapter to the procedure for transferring rights and obligations from the deceased to the heirs. In it, the legislator enshrines the concept of inheritance, the grounds for the emergence of the right to inherited property, legal facts entailing significant consequences, property that is recognized and considered as an inheritance mass and which testators can receive by inheritance, the procedure for obtaining and registering property rights in the order inheritance, as well as documents that must be provided in cases of various disputes related to inheritance, including when establishing the place of opening of the inheritance.

The opening of an inheritance is a legal fact, a procedure according to which persons can declare rights to a citizen’s property. The transfer of rights from the testator to the heirs is preceded by the death of the citizen. The death of a citizen is confirmed by a death certificate. The basis for issuing a certificate is a medical certificate of death, which states a significant fact - the date of death.

A death certificate is a document with which the inheritance case begins with a notary and from the moment of its issuance the entire procedure for registering an inheritance is linked.

A citizen who does not show up at his place of residence for a long period of time may be declared dead by the court. In this case, the date of death of the citizen is considered to be the date the decision enters into force.

From the moment of death of a citizen, the Civil Code of the Russian Federation determines the time of opening of the inheritance. The moment of opening the inheritance and the time of opening the inheritance are identical concepts. It is on the day of opening of the inheritance that the legal successors have the right to inheritance and it is from this day that the inheritance procedure begins. If the heir dies after the opening of the inheritance, the right to inherit his share passes to his heirs.

Opening an inheritance: what can be transferred

During his life, a person acquires not only property, but also rights (for example, to a bank deposit), as well as obligations (loan obligations).

The inheritance mass includes both property and rights and obligations, the acceptance of which is inextricably linked. It is impossible to accept only property and refuse responsibilities.

An inheritance opens after the death of a citizen (Article 1113 of the Civil Code of the Russian Federation) and if the person is declared dead in court.

Find out more about how the opening of an inheritance occurs.

How to open and accept an inheritance

The opening and acceptance of the inheritance occurs in the following order: The heirs, having learned about the opening of the inheritance, i.e. about the death of a citizen, in order to formalize rights in accordance with the law of the Russian Federation, they turn to a notary by writing a statement that expresses consent to accept the inheritance. The application form is developed by the notary independently, and its form is given to the heir to fill out. The application is recognized as a fact of legal significance, confirming the will of the heir to consent to receive the inheritance. The absence of such an expression of will entails consequences in the form of a notary’s refusal to take action to issue a certificate.

An heir who permanently resides with the owner of the property until the day of his death is considered to have actually accepted the inheritance. To register the rights, he needs to obtain a certificate of the right to inheritance from a notary within 6 months from the date of opening of the inheritance. As a basis for proving the fact of acceptance of the inheritance, a certificate of residence or registration at the place of establishment of the inheritance case may be submitted.

Documents to confirm the fact are individual in each case and the notary makes a decision in each case separately. In addition, heirs who have paid the debts of the testator, received funds for him, preserved or protected the inherited property, or entered into management or ownership of the inherited property may be recognized as having actually entered into the inheritance. If the notary refuses to recognize the applicant as an heir, the fact of acceptance of the inheritance may be challenged in court.

Is there a deadline for accepting an inheritance?

According to the law, a period is a certain period of time during which certain actions must be performed. In the inheritance procedure, the term disciplines the participants in the relationship, provides guarantees of the inviolability of property rights, and its importance is important. Article 1154 of the Civil Code of the Russian Federation indicates that an inheritance is accepted within 6 months from the date of opening of the inheritance, which is counted from the date of death of the person. The notary accepts the application expressing the will of the heir during this period. Acceptance of the inheritance in fact occurs within the same period, and from the day the inheritance is opened, the heir must perform actions that indicate the acceptance of property from the deceased.

It is believed that such a period is sufficient for the heirs of the deceased citizen to decide whether to receive the inheritance or refuse it. An application submitted after the deadline has expired is not recognized and does not confirm the fact of acceptance of the inheritance. To protect rights in such a situation, the heir must file a claim in court. If during the proceedings it is recognized that the deadline was missed for a good reason and there are documents confirming this circumstance, the state body will restore the deadline by decision.

How to determine the place of opening of the inheritance

According to the Civil Code of the Russian Federation, the place where the inheritance is opened coincides with the residential address of the deceased citizen or, in his absence, the location of the largest share of the property. In other words, the place where the inheritance is opened is the fact of the testator’s residence at a certain address or the fact of the location of the property. Documents confirming the residence of the deceased and the place of opening of the inheritance are submitted simultaneously with the time of filing the application for acceptance of the inheritance.

If the place of opening of the inheritance cannot be identified, citizens have the right to go to court by writing an application to establish the place of opening of the inheritance.

The meaning and concept of place, opening of inheritance is recognized in that the heirs can apply for the acceptance and issuance of a certificate from one notary whose notary office is located in the same district.

When resolving disagreements about establishing the place of opening of the inheritance, the court will be interested in the location of the testator’s property and what documents confirm this. The fact that all heirs apply to one office where the notary is located contributes to the optimal protection of the rights of all heirs.

Determining the place of opening of inheritance in the absence of information about the testator’s registration

If it is impossible to determine the last place of residence or there is no information about the registration of a person at the time of his death, in order to open an inheritance it is necessary to establish whether he owns any property that will constitute the inheritance mass.

In addition, if the testator was not registered at the place of residence, but stayed there for a long period of time, it is possible to recognize this place of residence as actual in court.

Reasons for establishing the place of opening of inheritance in court

If there is a dispute or it is impossible to establish the last permanent place of residence of the deceased, interested parties have the right to go to court.

Also, heirs often wonder whether it is possible to open an inheritance case not at the place of registration of the deceased, if the registration address does not coincide with the place of permanent residence. In this case, the court, based on evidence and testimony of witnesses, can establish the place of permanent residence where the inheritance will be opened.

Application to the court to establish the place of opening of the inheritance

The claim to establish the place of opening of the inheritance case is sent to the court at the place of residence of the applicant.

The statement of claim must contain the name of the court to which it is sent, the full name of the applicant, other interested parties and heirs, their addresses and contact information.

Next, the essence of the claim is stated, indicating the date of death, the reasons for the impossibility of establishing the place of opening of the inheritance, the presence of other heirs and the justification for the possible place of opening with the attachment of supporting documents.

The plaintiff indicates his demands to the court, namely a request to establish the place of opening of the inheritance.

Attached to the claim:

• documents confirming payment of state duty;
• a copy of the death certificate;
• a will or other documents confirming the right of inheritance;
• copies of all documents according to the number of parties in the case.

If the testator had real estate or other valuable property, the plaintiff attaches title documents or indicates this fact in the claim.

What types of inheritance are there?

According to the Civil Code of the Russian Federation, there are two types of inheritance:

• in law;
• by will.

According to the law, property is inherited for which there was no order from the deceased citizen. Heirs by law inherit property according to the order of which there are eight in the Russian Federation. The heirs of the corresponding line are called upon to inherit. If there are no heirs in the corresponding line, heirs in the next line are called upon to inherit. The fact of acceptance of the inheritance is confirmed by the will of the successor in the form of filing an application accepted by a notary. The opening of an inheritance, the procedure for its acceptance, the grounds for receipt, the procedure for formalizing and registering rights are the same for both inheritance by law and inheritance by will. The documents that need to be submitted to confirm the property rights of the testator do not depend on the type of inheritance. When inheriting both by law and by will, the place of opening of the inheritance is also the last place of residence of the deceased.

Inheritance by will is carried out if there is an order from the owner regarding the fate of the property on the day of death. The opening of an inheritance, both by will and by law, arises from the date of death of the testator. When accepting an application, the notary first checks the existence of the fact of inheritance under a will. The deadline for accepting an inheritance both by law and by will is the same.

Article 1115 of the Civil Code of the Russian Federation. Place of opening of inheritance (current version)

1. When inheriting, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, that is, unchanged as a single whole and at the same moment, unless otherwise follows from the rules of this Code.

2. Inheritance is regulated by this Code and other laws, and in cases provided for by law, other legal acts.

Inheritance is carried out by will, by inheritance contract and by law. (as amended by Federal Law dated July 19, 2018 N 217-FZ)

Inheritance by law takes place when and insofar as it is not changed by a will, as well as in other cases established by this Code.

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.

1. The time of opening of the inheritance is the moment of death of the 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 paragraph 3 of Article 45 of this Code, the day of the citizen’s death is recognized as the day of his expected death, the day and moment of death indicated in the court decision. (as amended by Federal Law dated March 30, 2016 N 79-FZ)

2. Citizens who died on the same day are considered for the purposes of hereditary succession to have died simultaneously and do not inherit from each other if the moment of death of each of such citizens cannot be determined. At the same time, the heirs of each of them are called to inherit. (as amended by Federal Law dated March 30, 2016 N 79-FZ)

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.

What documents are needed to register rights?

In the Russian Federation, to confirm the existence of the right to inheritance and register rights to it, the notary is provided with the following documents:

• application for acceptance of inheritance;
• a certificate from the place of residence of the testator, if the inheritance case has not previously been opened by other heirs;
• documents that prove the identity of the heir;
• death certificate, if the inheritance case has not previously been opened by other heirs;
• documents confirming the testator's rights to property.

After filing an application for inheritance, an application for issuance of a certificate of inheritance is submitted. Documents are provided in originals. From all of the above, it follows that the opening of an inheritance occurs at the time of the citizen’s death. A properly established fact of death is recognized as the basis for opening an inheritance. The fact of declaring a citizen dead in court entails the same legal consequences as the fact of death established by a doctor.

The concept of inheritance is the transfer of inherited property.

Legally significant facts of death, acceptance of inheritance, the presence of documented rights to the property of the testator in legal practice are recognized as the basis for the transfer of rights.

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Procedure for registering an inheritance

Associated with the legal procedure for opening an inheritance is the ability of heirs to claim rights to part of the property included in the general inheritance mass. Without passing this stage, successors do not have the opportunity to claim rights . If the heir has submitted all the documents, an inheritance case is opened, subject to registration by a notary.

The procedure for registering the opening of an inheritance involves each of the heirs applying to any notary office in accordance with the permanent residence of the testator or at the address where the property is located.

one notary can conduct the affairs of one testator . Therefore, the heirs either agree on which of the authorized persons to contact, or everyone will have to go to the same place where the first of them submitted the application.

Each applicant for inheritance comes with documents confirming his right to inherit . In the application, the potential heir declares his desire to take possession of part of the property or to abandon it.

The following must be presented to the notary's attention:

• original/copy of the death certificate of the testator;
• documents confirming family ties (birth or marriage certificate, etc.);
• paper about the last place of residence of the deceased (extract from the house register, certificate of registration);
• passport of the applicant as heir;
• the original and a copy of the will or that part of it that concerns the person who applied to the notary;
• statement.