The Civil Code of the Russian Federation identified that any property that is the property of the testator can be inherited: real estate, money, financial instruments, art objects, rights to publish materials, etc. In this regulatory act, it is indicated how to enter into the rights of inheritance.
1
Inherited property can be accepted by law or in will. The first option is being implemented when the testator did not leave the testament after himself or if one of the heirs challenged him. It is possible to challenge the document inheritance document if disorders are revealed during its preparation (at the time of signing the testator was in mentally unhealthy state, the testament was written under coercion, etc.).
2
If the document is successfully challenging or the testament is missing, the act of inheritance under the law comes into force. Parish heirs include spouses, children and parents. In the case when the law has a ban on the adoption of the inheritance by someone from the heirs of the first stage (for example, parents are deprived of parental rights), they lose their status. If there is no or cannot accept the property of the main applicants, the rights to the inheritance of property are transferred to the heirs of the second stage: grandparents, brothers and sisters. In the absence of these, the right is transferred to other relatives according to the degree of kinship.
3
In the will, the testator himself indicates who wants to make the inheritance, the share of each of the participants. If the shares are not specified, the inheritance is divided equally. The testament can be open and closed. The first option is preferable, in this case it is more difficult to challenge it in court.
4
The place of acceptance of the inheritance by the heir is determined by the location of the most valuable part of the property transmitted by the will. The notary must appoint a manager who will follow the safety of the property until herself is transmitted. After the completion of the procedure, the heirs are required to cover all expenses of the manager.
5
You can enter into inheritance rights within six months from the death of the testator. The exception is only three cases: the transfer of property of the missing person approved by the court, the impossibility of property adoption for good circumstances (illness, absence in the country, etc.), the inheritance of the property has not yet born the child. In this case, with the help of written appeal to court, the timing can be extended. If, upon completion of the agreed period, no one entered into the rights of inheritance, the property is alienated to the state.
6
You can apply for the adoption of inheritance at the notary or by mail (if the impossibility of personal presence). When reading a closed testament (in the envelope), it is necessary to announce it within 15 days from the death of the testator. We need at least two witnesses during the procedure and the heirs themselves. Reading the testament notary.
By law, not only the property, but also the debts of the testator. How to enter inheritance rights in your case, a lawyer or notary can answer.
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