The apartment the Law provides two ways of acceptance of inheritance in inheritance of
: by the actual introduction in possession of hereditary property, or by filing of application about acceptance of inheritance in notarial body for the place of discovery of inheritance. The actual acceptance of inheritance means that the successor entered possession of inheritance, paying expenses for its contents (for example, a rent). However, sooner or later, it all the same should issue inheritance legally. Otherwise, he will not be able to dispose of the inherited real estate. So, you should not postpone useful efforts “for later“.
How to issue inheritance
to issue inheritance needs to submit the corresponding application to the notary in the place of discovery of inheritance (that is, on the last permanent residence of the testator) and if it is unknown - in the location of hereditary property or its main part.are applied by
To the statement for acceptance of inheritance or for issue of the certificate on the right for inheritance:
- certificate on death;
- the certificate that on the date of death the testator lived on it - that to the address;
- the documents confirming the property right to the apartment;
- the documents confirming the related relations;
- certificate of BTI of apartment cost;
- floor-by-floor plan, explication;
- the copy financially - personal account;
- an extract from the house register;
- the reference from the tax inspection of absence of debt on a tax on real estate;
- the certificate of absence of debt on payment housing (operational) and utilities.
on the basis of these documents the notary opens hereditary case and, after six months, grants to the successor the certificate on the right for inheritance. Then this document is transferred to establishment of Federal registration service which grants to the successor the certificate on the state registration of the right for real estate.If term is passed by
What to do to the successors who passed the six-months term established by the law for acceptance of inheritance? Not to panic. The law establishes two possibilities of restoration or extension of this term. In - the first, the successor can appeal to court with the statement for establishment of the fact of acceptance of inheritance. To carry the case he needs to produce to court the evidence that within six months the successor made actions according to the actual introduction in possession of hereditary property (such proof the documents confirming payment of taxes, other payments can be). In - the second if with proofs hardly, it is possible to ask court to restore terms for acceptance of inheritance. However in this case it is necessary to convince court available of good reasons of the admission of the term established by the law.
If does not have the will
the Circle of successors is determined by the law by part of the third of the Civil code of the Russian Federation:
- treat successors of the first stage - children, the spouse and the testator`s parents, grandsons and their descendants inherit by the right of representation;
- to successors of the second turn - brothers and sisters, the grandfather and the testator`s grandmother, nephews and nieces inherit by the right of representation;
- successors of the third turn are uncles and the testator`s aunts, cousins and sisters inherit by the right of representation;
- successors of the fourth turn are great-grandfathers and the testator`s great-grandmothers;
- successors of the fifth turn are cousin grandsons and granddaughters, granduncles and grandmothers;
- successors of the sixth turn are cousin great-grandsons and great-granddaughters, cousin nephews and nieces, cousin uncles and aunts;
- successors of the seventh turn are stepsons, stepdaughters, the stepfather and the testator`s stepmother.
the Law provided categories of successors who have the right for an obligatory share in inheritance. Minor or disabled children of the testator, its disabled the spouse and parents, and also disabled dependents of the testator treat them. These successors inherit irrespective of contents of the will not less than a half of a share which would be due to each of them at inheritance under the law.
Within fifteen days from the moment of issue of the certificate on the right for inheritance (under the law, or according to the will) the notary sends to tax authorities of the data on the cost of the property which is carrying over citizens. The property worth less than 850 - the multiple size of the minimum monthly compensation established by the law (an equivalent - 100 rub) is not taxed. At inheritance of property worth over 850 minimum wage rates it is assessed with a tax in the amount of 5 to 40% depending on the cost of property and degree of relationship (see the act of the Russian Federation “About a tax on the property passing as inheritance or donation“). Do not pay the spouse`s tax, the successors living together with the testator on the opening day of inheritance and some other categories of citizens.