The procedure for taking the inheritance is more difficult to write the will, since all the responsibility for the proof of the existence of rights to a particular object will fall on the shoulders of heirs. At the same time, many forget that the procedure for making the inheritance implies not only the receipt of funds of the deceased, but also the take of his debts. If the inheritance was left at you, it still does not mean that you can immediately dispose of them.
Why do you need a legacy procedure
This process depends not only from the testator - the heir should also accept this right, otherwise the procedure will be unilateral. Inheritance can be divided into two types:
- Inheritance in the will;
- Inheritance right.
If a person did not make a will, then his property will depart to legal heirs: a spouse, daughter or son. If the legal heir refuses property, then the rights of secondary heirs are advocated.
With the will, everything is much easier: it is clearly established a list of persons and property that they get. Of course, legitimate heirs may try to defend their right to some share.
How to enter into inheritance
Immediately it is worth considering that the wills themselves are also divided into types:
- Open. This will, which the deceased wrote along with the notary and assured him;
- Closed. This type of testament is stored in the notary. The testator describes everything independently and seals into the envelope. Notary, in turn, puts all the necessary seals in the presence of two witnesses. After that, the envelope is stored with him.
With an open will, everything is quite simple: it is discovered and read in the presence of all heirs. With the closed, everything is more complicated. You must refer to the notary, which is kept by this testament with a certificate of death. The notary undertakes to open an envelope and read for two weeks after the date of death.
After that, the procedure of entry into the inheritance begins: you collect all the necessary documents.
Documents for Entrance to the Inheritance
For six months from the date of death of the testator, you need to collect such documents:
- Certificate of death and its copy;
- Help about the residence place of the deceased in special form number 9. Sample you can download
here; - The testament itself obtained from the notary and repeatedly certified. Notary must put a mark that nothing has been changed in the document;
- Your passport and its copy;
- Expanding documents for testament facilities. If it is an apartment, then you need to provide an extract from the house book, the certificate of registration and possession of the deceased;
- Almost always requires an assessment of the property transmitted by the will;
- Also, you need to fill and file statement On the acceptance of the inheritance.
As you can see, the list is large enough, and you need to have time to gather for 6 months.
Documents for entry into inheritance by law
If the deceased did not leave behind the testament, then you first need to make sure. Contact any notarial office where you will be helped to find out if a potential testator for such a procedure has appealed. All data is entered into a single registry.
When you definitely have not been convinced that there are no wills, prepare such documents:
- Passport and its copy;
- Application for the adoption of the inheritance;
- It will be necessary to confirm the degree of kinship: to provide a birth certificate, evidence of the name of name, if such were;
- The right-pointing documents for ownership, which is transmitted;
- It is important to know that when transferring an apartment and other real estate, you first need to pay utility services and debt.
By law, you can also enter the inheritance for six months since the death of the deceased. If you are not a paramount heir, then the term is reduced to three months.
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