How to enter inheritance

How to enter inheritance

For most of us the word "legacy" there are positive images: house, apartment, car, bank account, jewelry. Few people think that the "gift" may be a relative of his debts. If you are still lucky and you bequeathed something of value, you need to know how to start a legacy.

1
Join inherited in two ways:

  • at the place of its discovery, by a notary public;
  • by the tribunal's decision.

The first option, of course, easier. Notary need to submit an application and the documents listed below, within 6 months from the date of death of the testator. The ownership of real estate arises from the date of opening of the inheritance (§ 4. art. 1152 of the Civil Code). You can make the right property and obtain a certificate in Rossreestre.

2
If you do not have time to applying for a notary public within the statutory period, do not despair! You can try to negotiate with the other heirs. In their written consent, certified at the notary, the previous certificate shall be canceled and a new way you can make changes to the record of the state registration.

On our site you can download:

3
You also have the right to go to court with a claim if it can prove that they could not apply to a notary before and missed the due date for valid reasons. To enter into an inheritance, you will need to gather the following documentation:

  • your passport;
  • the original and a copy of the death certificate;
  • certificate of registration on Form 9 or an extract from the house;
  • documents confirming kinship with the deceased (if available).
    Of additional materials:
  • reference medical-labor expert commission and confirmation of the finding dependent on the deceased persons with disabilities;
  • pension certificate for pensioners;
  • will, certified by a notary.

Blank of the claim to the court on establishing the fact of acceptance of the inheritance on our website.

A sample of the filled claim to the court on the establishment of the fact of acceptance of the inheritance Swing here.

4
To get an apartment inheritance, prepare:

  • the guidelines for it;
  • certificate of the absence of debts on utilities;
  • help on the inventory value of the apartment from BTI (at the date of death of the testator).

To make a car inheritance, provide:

  • a guide document on it;
  • evaluation of the car for the day of death.

To inherit deposit and securities need:

  • organization name and extract from the register of shareholders;
  • agreement on the contribution to the bank, the savings book;
  • report on the assessment of the market value of securities (at the date of death of the testator);
  • other securities (bonds, bill).

5
To obtain a certificate of inheritance, state duty is assumed:

  • nearest relatives (parents, children, the deceased) pay 0.3% of the total amount of property, but the amount not exceeding 100,000 p.;
  • all others - 0.6%, but not more than 1 million rubles.

Disabled from payment of state duty:

  • juvenile;
  • incapable for mental health;
  • inherited real estate, if the heir lived in him at the time of the death of the testator and continues to live further;
  • heirs of persons who have become victims of repression;
  • heirs who died in the performance of state or public duties, or when performing professional debt on the salvation of human life, state property and law enforcement protection;
  • heirs of bank deposits, insurance amounts, wages, copyright and amount of author's remuneration, pensions.

Inheritance in the will simply simply, it has a priority value. However, there is a concept "necessarily a share," according to which the testator is obliged to leave part of the inheritance of minor children and disabled relatives (spouse, parents, child). Therefore, even if you are the only heir to the will, it will be revised taking into account the above circumstances.

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