How to apply for inheritance

How to apply for inheritance

As a rule, the sad event of the death of a relatively person is accompanied by problems relating to inheritance. Most often, they arise from heirs. Where to contact? Where to start registration? All the nuances of this difficult case are described in civil law and require a careful and timely approach. Consider the procedure for submitting an application for inheritance.

1
To declare your rights to the ownership of the testator, come to the notarial office at the place of the last registration of the deceased and apply for the adoption of your inheritance. In the case when the residence of the deceased is unknown, consult a state notary serving the territory on which the most valuable hereditary property is located ( art. 1115 of the Civil Code of the Russian Federation).

2
Note: article 1154 of the Civil Code of the Russian Federation The deadline for the implementation of the actions described above is 6 months. Such a period of time starts: from the date of the death of a loved one, since the confession of the testator is dead in court. The main thing is, at this time, to give a written application for the entry into the inheritance, the consonant of which will be the hereditary case. All other documentation can be collected and submitted later.

Additional documents are:

  • passport or power of attorney;
  • death certificate;
  • certificate from the place of registration of the deceased;
  • documents on the property of the deceased;
  • documents confirming kinship or other connection with the testator (marriage certificate, etc.);
  • will.

Depending on the situation, the notary may require to provide other supporting documents.

3
In case of passing by the applicant, the applicant established by the law of a semi-annual term and submission of the application will later need to be operated through the judicial body at the place of opening of the hereditary case, to submit a claim with a request to restore the missed time. This procedure is provided art. 1155 of the Civil Code of the Russian Federation. Only the court is entitled to determine whether there is enough respectful and significant reasons for the "late".

Appropriate claim for the restoration of the lifetime here.

Sample claim for the restoration of the term of entry into the inheritance here.

4
The basis for non-compliance with the established six-month period can be the actual acceptance of the inheritance. This case and all the actions of the actual heir are fully described in article 1153 of the Civil Code of the Russian Federation. In all other situations, in the event of the right to inheritance (by law or by will), the applicant may submit documents in two ways: personally contacting the notary, by means of mailing. The second option provides for notarization of the signature of the applicant. In addition, use a letter notice letter. This will exclude extra problems with confirming the receipt and possible passage.

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5
There are 2 main types of inheritance: by law, by will. In any of these situations, the procedure for submitting an application for the adoption of inheritance is almost identical. Some differences are available in the text of the document.

The following general requirements apply to its design:

  • Fill the document with a ballpoint handle of blue or black.
  • All personal data of the applicant, other persons prescribe completely, without abbreviations.
  • Application Write a broken handwriting, eliminate any blots and corrections.
  • In the document itself, specify: Natarius name, notarial office address, information about the applicant and the Strait, the phrase about the will of the income of inheritance and the reasons for this. In conclusion, put your own signature.

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Remember that the procedure for writing and submitting an application for inheritance is painstaking and requires a responsible approach, therefore, if possible, resort to the help of a qualified lawyer. With the proper registration of all documentation, the desired certificate will be issued without problems after 6 months.

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