How to enter into an inheritance without a will 6 months after death

Home » Inheritance » Registration, entry into inheritance after death after 6 months

10

Entering into inheritance is a legal procedure that must be completed within 6 months after the death of the testator. If the heir does not meet the established deadlines, according to the law, the inherited property passes to the state. To avoid getting into such a situation, you can familiarize yourself with all the intricacies of this process, but it is better to seek help from a professional lawyer.

Is it possible to apply for an inheritance after six months?

It is possible to obtain a certificate of inheritance of property after the six-month period specially allocated for these purposes, but for this it will be necessary to go to court or obtain consent from other relatives to revise the share of the inherited property, taking into account one more heir.

Thus, there are two ways to resolve this situation: in court and without going to the justice authorities.

Restoration of rights to inherit property in court is possible if the heir was not aware of his status or had valid reasons that he can document. In this case, he must go to court no later than six months after the disappearance of the obstacles.

If other applicants for the inheritance indicate their consent in writing, recourse to the courts can be avoided.

Are there any differences between receiving an inheritance under a will and without a will?

There are no differences in the mechanism for entering into the rights to inherit property by law and by will: in both cases it is necessary to contact a notary within a strictly established six-month period with a package of relevant documents. However, the grounds for the emergence of the right to inheritance of potential heirs differ significantly.

The inheritance passes by law if:

• the deceased did not draw up a will or, for objective reasons, it was declared invalid in court;
• the heir indicated in the testamentary document died before the deceased owner of the valuables;
• the heir refused the inheritance;
• Only part of the property was bequeathed to the deceased.

When inheriting by law, the principle of priority applies, in which the heirs of the 1st line are the first to assume rights - children (natural and officially adopted) and spouses (officially married) of the deceased, his parents, and also in the event of the death of children - grandchildren and their descendants by birth. right of representation. Subsequent lines from 2 to 8 unite all relatives according to the degree of kinship, and each group can inherit property strictly after the previous one.

When inheriting by will, such gradation does not exist. Heirs under a will are not only a representative of any line, but also strangers, the state or a legal organization. The testamentary document may indicate additional conditions for receiving an inheritance; Any property of the deceased is subject to will.

The next distinctive feature is that when submitting documents for inheritance, the law requires documentary evidence of relationship with the deceased, but if there is a will, this is not the case.

The general provision for both types of inheritance is the mandatory allocation of a share of the inheritance to minor children, disabled people, and incapacitated citizens who were dependent on the deceased.

Pavel Sokolov, managing partner of the Zagorodny Style real estate agency, answers:

Regarding the deadline for registering an inheritance: regardless of the basis for receiving an inheritance, that is, by law or by will, a notary is unlikely to issue you a certificate of right to inheritance earlier than six months have passed. Article 1163 of the Civil Code of the Russian Federation allows that this can happen if there is reliable data about the absence of other heirs. Key question: how can a notary make sure that there really are no other heirs? And why does a notary need this risk when it’s easier to just wait the required six months?

The main way to accept an inheritance is the one you followed: you went to a notary within six months after your mother’s death and submitted an application for a certificate of inheritance. Accordingly, if you are the only heir, then the apartment belongs to you.

Ways to receive an inheritance

Let's take a closer look at the options for receiving an inheritance after the deadline for submitting an application to a notary has expired:

1. The best way to receive an inheritance is without court. This option is possible if there are several heirs. In this case, all other parties must provide written consent with the signatures of the notary and all participants in the procedure. On this basis, you can cancel the old one and issue a new certificate of inheritance.
2. When restoring rights through the court, evidence must be submitted that the reason why the heir could not accept the inheritance within the prescribed period is truly valid. This option is quite labor-intensive and takes a lot of time, so you should be patient and enlist the support of professionals.

In this case, the statement of claim should be filed after the reasons for the untimely application to the court have been eliminated.

1. As a workaround, some citizens may use another method: actually taking possession of the property of the deceased. Receipts for payment of tax and utility bills may be considered supporting documents; real estate renovation agreement; receipts for the purchase of building materials.

The following table will help you understand some of the typical issues that arise when going to court:

Litigation can drag on for years, so the best option is to find a compromise solution.

How to receive an inheritance if more than 6 months have passed

» Recommendations to the heir October 10, 2020

How to enter into an inheritance after death without a will after 6 months

When the question of accepting an inheritance arises, many heirs are concerned about the issue of time. How much will it take to prepare documents when you need to go to the notary? Some successors are so afraid of being late that they run to the notary literally immediately after the death of the testator. To dispel doubts, you need to know what time is allotted for registering inherited property, and what will happen after missing it.

The period allotted for entering into inheritance

The law defines a period for the heirs to make decisions regarding the future fate of the inherited property. Perhaps someone will want to give up their due share, and someone will decide to accept the due property. You must claim your rights to inherited property within 6 months. The countdown of this period begins from the date of death of the testator. Namely:

• date on death certificate
• date of a court decision declaring a person dead.

If the successor does not begin to formalize his rights within this period, he is considered to have missed the inheritance deadline. This should not be allowed for no valid reason. Otherwise, the court may refuse to restore the period of registration of inheritance. However, after recognition of the right, in order to register the inherited property through the court, the applicant will have to go through a longer procedure and incur additional expenses. That is why it is more profitable to go to the notary on time and write an application for acceptance of the inheritance.

Skipping the inheritance period

It often happens that the deadline for registering the inherited property has expired, and the heir does not appear before the notary. In this case, we are talking about non-compliance with the period allotted by law for the acceptance of inherited property. An absence may be permitted solely for a reason that is considered insurmountable.

The procedure for accepting an inheritance after the expiration of the legal period is different. There is no longer any need to contact a notary, since you will have to prove your right in court. In addition, it is necessary to confirm that the reason is significant. Relevant documents must be evidence of the insurmountability of the reasons for absence. For example, if the legal successor underwent long-term rehabilitation or treatment, medical documents can confirm this.

The most common reason for failure to comply with the deadline is the heir’s ignorance of the death of the testator. In this case, the applicant can claim his rights 20 years after the opening of the inheritance.

Procedure for registering an inheritance after 6 months

To enter into inheritance rights after 6 months have passed since the death of the testator, you must write an application. Its main content is a request to restore the deadline for accepting the inheritance. However, it must indicate the reasons for the omission. The application must contain documents confirming the veracity of what was written.

It is necessary to submit an application within 3 years, as the reason preventing a timely application to a notary has disappeared.

This means that if the reason for non-compliance was long-term treatment, the starting point for the period is the day of recovery (discharge).

In addition to documentary evidence, the court accepts the testimony of witnesses in the inheritance case. For example, it is sometimes impossible to prove through documentation that the heir did not know for a long time about the death of the testator. However, this can be confirmed by witnesses.

After considering the application, the court works with the submitted documents and can make several decision options:

• Reject the request to extend the period for accepting the inheritance. This can happen if the court considers the reasons for omission to be insufficiently weighty.
• Satisfy the claim and restore the period for accepting the inheritance
• Recognize rights to a share in inherited property immediately.

The court may restore not the entire period, but part of it, if not much time has passed after its expiration.

The decision made automatically includes the applicant in the list of heirs. However, it is no longer necessary to obtain a certificate of inheritance from a notary. The court decision rendered in the case will replace this certificate. However, if there are other applicants who have registered their rights on time, the property has already been divided between them. Then all certificates issued earlier are declared invalid by the court. After the division of the property of the deceased testator, taking into account the interests of the new heir, everyone else is issued certificates of the right to inheritance with the amendments made.

Thus, the acceptance of inherited property must be made within a period of 6 months. The period begins to count from the date of death of the testator. However, failure to comply with this time for a compelling reason does not deprive the right of inheritance at all. He can go to court and restore the terms.

Read also:  Mortgage secured by existing real estate - conditions and registration in 2020

Share this article with your friends:

How to receive an inheritance before 6 months

Free consultation with a lawyer on wills and inheritance

Free legal consultation on wills and inheritance See all questions in this section »»» Free legal consultation on issues. Among other services, our company provides legal advice on, namely, on any issues related to inheritance law. Opening an inheritance, accepting or refusing it, disputes arising between claimants, determining the inheritance mass, allocating shares in it - these are just some questions in the field of inheritance, the answers to which should not be sought independently, by asking acquaintances and friends, leafing through legal reference books or browsing legal programs on television.

How to enter into an inheritance after death after 6 months?

How to enter into an inheritance after death after 6 months? Many people know that it is necessary to take it within six months after its opening (that is, the death of the testator). For clarity, let's look at the standard procedure for receiving an inheritance. Standard admission The admission procedure itself is not complicated. Of course, the death of a loved one is a great grief and you are unlikely to be consoled by the fact that he left you a will.

How to enter into an inheritance after 6 months

How to enter into an inheritance after 6 months Sometimes the death of a loved one comes unexpectedly, suddenly. Due to a combination of life circumstances, the heirs do not have time to enter into an inheritance within the six months allotted for this by law. And it happens that the heirs do not know at all about the death of a relative. And they don’t even realize that the inheritance has already been opened, and the 6-month period for entering into it is expiring... Is it possible to extend the missed deadlines and prove the right to receive inherited property? The law answers this question positively.

Entering into inheritance - terms and procedure

Entry into – terms and procedure The entry into entry process is characterized by clear legal features. It represents not only the fact of transfer of property, but also the re-registration of rights to all types of property.

You can receive it in two ways - by law and by reading a will. Both options are legal and subject to Russian legislation.


According to the law, relatives of the deceased can become heirs.

How to receive an inheritance if more than 6 months have passed?

How to receive an inheritance if more than 6 months have passed? Despite the fact that compliance with the six-month deadline for acceptance is mandatory, the legislator leaves the heirs the opportunity to seek inheritance of property left after the deceased, both in pre-trial proceedings and through the court.

How to receive an inheritance before 6 months

LiveInternet LiveInternet Opening and accepting an inheritance. Acceptance of an inheritance after 6 months How to enter and accept Heirs have the right to enter into an inheritance from the moment the inheritance is opened, which is considered the date of death of the testator or in accordance with a court decision recognizing (declaring) the testator dead. The acceptance of inheritance is discussed in Chapter 64 of the Civil Code of the Russian Federation. To acquire it, the heir must accept it.

Inheritance services

Transfer of the LLC share to the heirs before the expiration of six months 10/28/2013 | Author: Dmitry Olkhovsky Very often I come across a question regarding the inheritance of a testator’s business, in particular shares in the authorized capital of an LLC - can the remaining participants in the company refuse to accept heirs into the company if the six-month period for entering into inheritance rights has NOT expired (clause 8 Article 21 of the Federal Law on LLC), and also pay the heirs the actual value of the share in the authorized capital? Having analyzed the current civil legislation of the Russian Federation, we can draw the following conclusion: In accordance with Article 1154 of the Civil Code, an inheritance can be accepted within six months from the date of opening of the inheritance.

Is it possible to receive inheritance documents under a will before the expiration of 6 months?

Is it possible to receive inheritance documents under a will before the expiration of 6 months? Yuri Sergeevich, good morning! Yes, the law allows a notary to issue a certificate of title before the expiration of the six-month period, but in practice this never happens.

And there is no point in wasting time on such applications and collecting information. The notary will not issue a certificate until 6 months have passed from the date of death of the testator.

How to receive an inheritance if more than 6 months have passed

Is it worth registering an inheritance now?

You definitely need to submit an application for the right to inheritance according to the law now, without waiting 6 months. After 6 months, you will receive a certificate and you can dispose of the property received by inheritance. Nothing is done automatically. 6 months will pass.

Entering into an inheritance involves a necessary legal procedure, during which all necessary documents are drawn up and the property itself is accepted. In order to enter into an inheritance, no more than 6 months must pass after the death of the testator. In other words, the heir can inherit the property within six months. These deadlines are established by law. The concept of opening an inheritance has been established. Property becomes available for collection on the day the person dies, that is, the day recorded on the death certificate.

If a situation arises that a person goes missing or simply the date of his death has not been established, this date.

Your questions are answered by competent lawyers specializing in various areas of law. In order to send your question to a specialized specialist, please fill out the contact information fields - indicate your name, current phone number with city code, briefly describe the problem, submit a request and receive legal assistance over the phone in 15 minutes. Entering into an inheritance is a procedure for accepting an inheritance, as well as for processing all documents related to the inheritance. It's no secret that inheritance should be entered into within six months after the death of the testator. In other words, after the testator dies, each legal heir has only six.

please tell me: my parents died, I entered into the inheritance, many years have passed and I. How did the husband enter into inheritance? Was there a will, a deed of gift, or what? Write everything so that. Good afternoon. 6 months ago, my mother died without having time to issue a deed of gift for the apartment in my name.

Entering into inheritance after 6 months

Didn't find the answer? Ask a question! and get an answer in 1 minute! Please provide the required information to submit your question. Attention! There was an error sending! Check your Internet connection and click on the Get answer button again. Data is being sent. Do not close the page until you see a message about the submission result. Your application has been successfully accepted! A lawyer will answer your question over the phone.

How to receive an inheritance if more than 6 months have passed

946 — Moscow and region ext. 587 - St. Petersburg and Len. area ext. 300 — Other regions

Inheritance of something involves the transfer, after the death of a person, of his property and responsibilities to other people who are indicated in the will or are the legal heirs.

Previously issued certificates of the right to inheritance are recognized by the court as invalid. 2. An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code.

Entering into inheritance after death

Inheritance of property means the transfer of rights to it to other persons who have legal grounds for it. Who has more rights to inheritance after the death of her husband? His spouse, children or parents? To whom does the inheritance go after the death of your father? Knowledge of the laws helps answer these questions. There are two modes of inheritance: by will and by law. The latter regime is valid if it is not changed by a will drawn up in advance. According to the Civil Code of the Russian Federation, strict deadlines are established during which everyone can exercise their right to receive an inheritance, must submit a notarized application or perform actions specified in the law, regarded as actual entry into the inheritance.

How to enter into an inheritance if 6 months have passed

how to enter into it if so much time has already passed, as I was told, it is necessary to enter into the inheritance within 6 months. Answers (1)

Read also:  Where and how to queue for a plot of land

This lawyer is from the city of Moscow 2013-04-09 14:26:52 +0400 Notify the administration They do not enter into an inheritance, they accept an inheritance.

Inheritance of property means the transfer of rights to it to other persons who have legal grounds for it. Who has more rights to inheritance after the death of her husband? His spouse, children or parents? To whom does the inheritance go after the death of your father? Knowledge of the laws helps answer these questions. There are two modes of inheritance: by will and by law. The latter regime is valid if it is not changed by a will drawn up in advance. According to the Civil Code of the Russian Federation, strict deadlines are established during which everyone can exercise their right to receive an inheritance, must submit a notarized application or perform actions specified in the law, regarded as actual entry into the inheritance.

What actions are coming? I've been looking for information, but I don't get the full picture. My grandmother has three first-degree heirs - her husband (not my direct grandfather), my grandmother’s son from her first marriage (my father) and her daughter from her second (with her now living husband). With respect, Ivan September 27, 2015, 20:58 Ivan, Moscow Answers from lawyers (1)

Detailed instructions for registering ownership of a land plot

Can I, without buying out the leased land, through administration and auctions, go to court, referring to the purchased buildings as my property, and register the land as my property? if there are other options, please tell me. Thank you in advance. Hello Mukhtarama. The only option is to purchase the land from the state through the Ministry of Property Relations. And yet, are there any precisely established deadlines that apply when registering land ownership? Since in practice I was faced with the fact that the registration process stretched out for an indefinite period.

1113 of the Civil Code of the Russian Federation. Inheritance is carried out by will and by law. Inheritance by law takes place when and since it is not changed by a will, as well as in other cases established by the Civil Code of the Russian Federation (Article 1111 of the Civil Code. The place of opening of the inheritance is the last place of residence of the testator. If the last place of residence of the testator who owned property in the territory of the Russian Federation , unknown or located outside its borders, the place of opening of an inheritance in the Russian Federation is the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the real estate included in it or the most valuable part of the real estate, and if in the absence of real estate - the location of movable property or its most valuable part. The value of property is determined based on its market value (Article 1115 of the Civil Code of the Russian Federation)

Now there is no home; my mother died. We all went to different addresses. I checked out at the beginning of 2020 from that address. It turned out that the land needed to be registered as ownership, and I began collecting documents. I have a cadastral plan of the territory dated May 12, 2014, a cadastral passport of the land plot dated October 20, 2015, a certificate from the rural settlement that I am using this land plot dated December 3, 2015.

Inheritance, legal advice online

How can I get my 1/6 share while in another city? Honestly, I don’t need a share, I have both a house and an apartment, but [...] Author: Zina Replies (0) Views (5) City: Zhukovsky Hello, I would like to know. A will was written for me from my grandmother in my favor. I have a mother (grandmother’s daughter), who is not indicated in the will, respectively. Question, does my mother (grandmother’s daughter) have the right to inheritance Author: Valeria Answers (0) Views (8) City: Moscow Father died. Brother wrote an application for inheritance at the notary .but no one knew about this. In 2008, my mother gave the house to my sister. My brother found out about the deed of gift in 2013. Can he now register his part of the inheritance as property? Author: Lyudmila Answers (0 ) Views (0) City: Orel I found out that my father has not been in the inheritance for more than a year, what should I do what to do Author: Sergey Answers (0 ) Views (0) City: St. Petersburg Lived until his death and after.

Secrets of the will

Accept or think There are several ways to accept an inheritance. The first is to submit an application to the notary at the place of opening of the inheritance. An inheritance can be accepted not personally, but through a representative, but he must have a power of attorney for this. A power of attorney is not required for a legal representative. The second is the commission of so-called conclusive actions - activities indicating that the person actually intends to accept the inheritance.

How can I register an apartment if more than 6 months have passed since the death of the testator?

more 1 answer. Moscow Viewed 158 times. Asked 2012-02-12 09:26:10 +0400 in the subject Inheritance law How to quickly get a St. about death? — How to quickly get St. about death. more 1 answer. Moscow Viewed 71 times. Asked 2012-02-15 14:09:47 +0400 in the subject Inheritance law How to find out in which bank an account is opened in my name - How to find out in which bank an account is opened in my name.

How to register an inheritance if the deadline is missed

Collect documents explaining the reasons for missing the opening of the inheritance case.

A certificate of release, a travel certificate, checks and statements from a hotel, air tickets, a certificate from a hospital - all these papers will help you win a court case. Make copies of the documents and attach them to the claim. Keep in mind that there is no notification of the death of the testator, lack of money to travel to the city where you want to open an inheritance.

Free consultation with a lawyer on wills and inheritance

Opening an inheritance, accepting or refusing it, disputes arising between claimants to an inheritance, determining the estate, allocating shares in it - these are just some of the questions in the field of inheritance, the answers to which should not be sought independently, by asking acquaintances and friends, leafing through legal reference books or watching legal programs on television. After all, if you make one wrong action or even miss the deadline for submitting documents for one day, you risk not receiving what is due to you by law. It often happens that when the issue of inheritance arises, relations between relatives claiming it sharply deteriorate.

Post navigation

Free legal consultation

How to enter into an inheritance if more than 6 months have passed

Free consultation with a lawyer on wills and inheritance

Free legal consultation on wills and inheritance See all questions in this section »»» Free legal consultation on inheritance issues. Among other services, our company provides legal advice on, namely, on any issues related to inheritance law. Discovery, acceptance or refusal of it, disputes arising between applicants for, determination of the inheritance mass, allocation of shares in it - these are just some of the questions in the field of inheritance, the answers to which should not be sought independently, by asking acquaintances and friends, leafing through legal reference books or looking through legal broadcasts on television.

How to enter into an inheritance if more than 6 months have passed

How to join after 6 months? Rules for its legal acquisition In this article we consider typical legal situations. But we can help solve your specific issue. Just call right now at (it's free) ext. 946 — Moscow and region ext. 587 - St. Petersburg and Len.

Entering into inheritance after 6 months

Entry into inheritance after 6 months It is known that the law “measured” only 6 months, during which the heirs receive the right to exercise their legal rights to receive the property of a deceased relative. During this period, it is necessary to submit an application to the notary for acceptance and collect documents confirming the relationship with the testator. During this period, a circle of heirs will be formed, mandatory shares of the inheritance will be allocated (to minors, retired parents, disabled people and other dependents), after which the entire property mass will be transferred to the heirs in accordance with the law or will.

How to enter into an inheritance after death after 6 months?

How to enter into an inheritance after death after 6 months? Many people know that it is necessary to take it within six months after its opening (that is, the death of the testator). For clarity, let's look at the standard procedure for receiving an inheritance. Standard entry into the Inheritance acceptance procedure itself is not complicated. Of course, the death of a loved one is a great grief and you are unlikely to be consoled by the fact that he left you a will.

How to enter into an inheritance (house) if more than 6 months have passed since the death of the father

How to enter (house). if more than 6 months have passed since the death of the father. There is no will. SP R Master (1165), closed 9 years ago Was registered in the house as a child. I haven't lived there for more than 20 years. Added 9 years ago The mother now lives in the house; she is 79 years old. At the time of her father’s death (November 2004), she was in serious condition (lying down). I couldn’t get into it.

Registration of inheritance after 6 months

Registration of an inheritance after 6 months The Civil Code of the Russian Federation establishes a six-month period for acceptance. Anything can happen in life, and missing the entry deadline can happen. In this case, the law provides for the restoration of its course in court or recognition of the heir, if he did not know and should not have known about the discovery or missed the deadline for good reasons. Registration after 6 months is a confusing topic, but legal specialists working in the legal center can do everything.

Legal advice on Russian legislation Select a category Good evening! This is the situation - 6 months and a week have passed since my brother’s death and only now I found out that he has a plot of land (documents were found).

If the heir does not enter into inheritance within 6 months

If the heir has not entered into the inheritance within 6 months. If a person’s death occurs suddenly, his family members need more time to put things in order. However, the law has allocated six months for the completion of procedural actions related to inheritance. This time should be enough to visit a notary, collect papers, and pay for notary services. But cases when the heirs do not have time to enter into law within the 6-month period allocated for this are not uncommon.

How to enter into an inheritance 6 months after the death of a relative?

Citizens have the right to apply personally, as well as send individual and collective appeals, including appeals from associations of citizens, including legal entities, to state bodies, local governments and their officials, to state and municipal institutions and other organizations entrusted with the implementation of publicly significant functions, and their officials.

Entering into inheritance after 6 months

Sources: pravonanasledstvo.ru, chatlaws.ru, domsovetvas.ru, cnk-nalog.ru, cabinet-jurist.ru

Next

• How to enter into an inheritance correctly after the death of parents in Russia
• How to properly register an inheritance without a will

No comments yet!
Share your opinion

You might be interested in

Documents necessary to establish the fact of acceptance of inheritance

What documents are needed to inherit an apartment after death?

Refusal of inheritance is not allowed when inheriting property

Agreement on the division of property received by inheritance

Popular

How a car is divided by inheritance (Read 22)

Can bailiffs take away an inheritance (Read 21)

Address certificate of the Federal Migration Service for inheritance (Read 20)

Inheritance after the death of a divorced spouse (Read 20)

How to enter into an inheritance through the court after 6 months

If the heir did not manage to meet the six-month deadline established by law, there is no need to worry. It is possible to register an inheritance after this time, but you will have to make some efforts to defend your right.

If at least some part of the inheritance is accepted during the six-month period, the entire property is considered to have been inherited.

Procedure for asserting rights in court

• Contacting a notary office to obtain a written refusal to issue a certificate.
• Drawing up a statement of claim indicating the reason for missing the six-month deadline.

It must be accompanied by documents that are factual confirmation of the reason for the violation. The law does not establish a clear list of compelling reasons why a citizen could not contact a notary. The most common reason for violation of the deadlines for accepting inherited property is the heir’s ignorance of the death of the testator. However, simply informing the court about this will not be enough; you need to provide significant evidence confirming this fact. Appropriate letters, telegrams or witness statements are suitable for this purpose. Any factors that led to the missed application period being missed will be taken into account. For example, if a person was abroad all this time, it is assumed that he may not have known about the death of the testator. In such cases, the judge renews the period for accepting the inheritance from the day the heir is notified of the death of the testator.

Such a reason for delay in processing documents as “lack of time” is not significant for representatives of the law, therefore, in this case, they have the right to refuse to provide additional time to resolve the issue.

Situations are possible when the cause of the violation was the negligent attitude towards their duties by the persons who were entrusted with the responsibility for accepting the inheritance.

• A trial during which the reasons for the violation of deadlines are analyzed and the degree of their importance is determined. During the proceedings, each of the interested parties is heard.
• Waiting for a court decision indicating the share of each heir in case of a positive decision.
• Applying to a notary with a court decision to restore the deadline for filing an application, providing him with the documents necessary to obtain a certificate of inheritance of property.

An application to receive the property of a deceased relative is submitted immediately after a positive court decision has been received. A professional notary will help you prepare the document correctly the first time. Documents regarding the property of the deceased are also provided.

1. Obtaining a certificate of acceptance of inheritance (6 months after opening the inheritance case or later).
2. If in the statement of claim the plaintiff asked to secure ownership of property, the court decision replaces the certificate of inheritance of property and there is no need to contact a notary. The right to property will be transferred by a court decision on the assignment of a share of the inheritance.

You can file a claim yourself or with the help of a lawyer. The obligatory points in it will be:

• full name of the court;
• a formulated request for renewal of the deadline;
• personal data about the plaintiff and other heirs (if any);
• information about family ties with the deceased;
• justified reasons for absence.

The following documents are attached to the claim:

• Power of attorney, if his representative acts for the heir.
• Copies of statements of claim: 1 - for the plaintiff, the remaining copies for each of the interested parties.
• Confirmation of payment of state duty.
• Documents confirming the reasons for absence, for example, a certificate from the hospital, a travel document, a document indicating the term of imprisonment.

To file a claim, the heir or his legal representative applies to the court of the district where the defendant or one of the defendants lives, but if their location is unknown, the application takes place at the location of the property. The deadline for filing a claim should not be more than 6 months after the moment when the causes of the violation have been eliminated.

If the heir dies, it is no longer possible to restore the period. In this case, the property can be received by his heirs, since the right of hereditary transmission will come into force.

During the trial, it is prohibited to make any legal transactions with the object of the dispute, and the issuance of certificates, if they have not yet been issued, is suspended.

A positive court decision is the basis for invalidating previously issued certificates of ownership.

If any of the parties is not satisfied with the outcome of events, an appeal can be filed. The court decision becomes valid 30 days after its delivery.

The property that is to be returned to the plaintiff may have been sold or damaged at the time the claim is filed. In this case, it matters when the damage or sale of valuables occurred. If before the appearance of a new heir, then there was negligence or intent, and if after, the damage is subject to compensation. An amount of funds equal to the cost of the sold property must be returned to the new owner in accordance with his share.

If a bank deposit is divided, the new heir has the right to the income received from it. The moment when the amount of such income begins to count is the receipt of information about the existing heir.

When property requires maintenance costs, the person responsible for its preservation may require compensation from the new owner.

Example. Citizen L. was undergoing treatment for drug addiction in a closed institution in Germany. At this time, his father died, leaving an apartment as an inheritance. The son did not know about the death of a relative and missed the deadline for entering into inheritance rights. L. returned 11 months after his father’s death, and a month after his arrival he filed a lawsuit to restore the inheritance period. The court made a positive decision, after which L. turned to a notary to obtain a certificate of inheritance of property.

How does entry into inheritance occur if deadlines are missed through the court?

If the heir has not entered into the inheritance within 6 months and has not resolved this issue with the rest of the heirs peacefully by signing a notarial agreement, he will have to seek restoration of the terms through the court.
Since the heirs bear certain financial costs, in particular in the form of payment for notary services, state fees, execution of certain documents, actual expenses for maintaining the property, debt payments, etc., one cannot count on a quick and uncomplicated process. First, you will need to get competent legal advice in order to understand what you can claim, what papers you will need, what to demand in the claim and how to act in general in your individual case.

Next, the claim itself is filed directly - either by you or your legal representative.

The judge schedules hearings that result in a decision being made. If it satisfies the plaintiff’s demands, it becomes equivalent to a notarial certificate of entry into inheritance rights. This means you no longer need to obtain anything else from the notary’s office. With this decision, you have the right to undergo state registration of rights to your share of the property.

Documentation

What documents are needed to enter into inheritance rights can be found in the article above (section on the procedure for entering into inheritance, paragraph one), however, if they were not submitted to the notary within 6 months from the date of death of the testator, the court will require additional papers in addition to them. These papers must first of all confirm the presence of compelling reasons for the missed deadline, for example:

• Hospitalization for a long time;
• The latecomer was not aware of the death of a relative or testator;
• The plaintiff was outside the country, etc.

The court's task is to determine whether the reason was truly valid and to extend the period of inheritance, if there are grounds for this. In this case, the new countdown of the period by court decision is the day of completion of inpatient treatment, entry into the country, and receipt of information about the death of the testator. Considering these circumstances, we can say that the term cannot be restored at any time, and this is another reason to initially turn not to the court, but to a lawyer.

Statement of claim

It makes sense to file an application to the court only if the heir has a real good reason why he did not file everything in a timely manner. The plaintiff requests that the period of entry into rights be restored by providing papers on the basis of which his claims are legal.

Structure of the claim:

1. The full name of the judicial body to which the plaintiff is applying.
2. Information about the plaintiff (last name, first name, patronymic, passport details, including place of registration, contact details).
3. A similar one about the defendant or defendants, if there are several of them (that is, about each heir who received his share).

4. 
   Information about the testator (last name, first name, patronymic, dates of birth, death, where he was last registered).

5. When an inheritance case is opened, a list of property claimed by the plaintiff.
6. Reasons why the allotted six-month period was missed.
7. Plaintiff's claims.
8. List of attached documents.
9. Date and signature.

When they can refuse

It is important to understand that a court decision is not always made in favor of the plaintiff, especially when he was in a hurry and approached the case too carelessly, without proper preparation and any legal support. The main reasons for refusal to restore an inheritance case due to a missed deadline of 6 months are:

• The absence of significant evidence that the plaintiff missed entering into the inheritance for good reasons is the most common reason for losing a case in court;
• The heir knew about the death of the deceased person, but he did not consider it necessary to formalize everything in a timely manner in the proper manner, or he intended to refuse, but changed his mind - an initially practically losing option; often a court decision is made here recognizing the plaintiff as having lost the right to the inherited property;
• Appeal for valid reasons, but within six months from the date of closure of the inheritance case - restoration is impossible.

If an unsatisfactory court decision is made, the plaintiff in most cases has the right to appeal, having prepared more thoroughly.

How to accept an inheritance after 6 months without trial

If the heir who did not accept the inheritance is not the only one, and other heirs accepted the inheritance without violating the deadline and agree to include the late relative among the heirs, registration is possible through conciliation.

The algorithm of actions is as follows:

1. Contact the heirs with a request to formalize in writing their consent to the redistribution of the inheritance or payment of the amount of material compensation if the bequeathed values ​​were sold. There can be 1 sheet of agreement for all heirs. It is possible to transfer the document by mail or through an official representative. The agreement is certified by a notary in the presence of all those involved in the inheritance.
2. The notary notifies about the nature of the redistribution of shares or disinheritance during a new division. The heirs are not required to explain the reasons for their consent or disagreement to the inclusion of a late relative in the group of inheritors.
3. Issuance by a notary of a certificate of acceptance of inheritance by law or will.
4. If an agreement is reached between relatives and certificates have already been issued, they are canceled by the notary and new ones are issued instead. Appropriate adjustments are made to the state registration records of real estate.
5. If certificates have not been issued, they are issued taking into account the reduction of the share due to each of the relatives in favor of the late heir.

In practice, it is difficult to reach an agreement if the latecomer claims a significant share of the inheritance, is the sole owner of valuables, or belongs to the category of people who are entitled to a mandatory share in the inheritance. In case of refusal, you must go to court.

Example. Citizen S. died suddenly. Her direct heir, daughter A., ​​was in another country, working under a contract, and was not notified of her mother’s death. The son of citizen S. and her granddaughter, who belongs to the heirs of the 1st stage by right of representation, entered into inheritance rights. After 8 months, the daughter returned and turned to her brother and niece, who each received ½ of their mother’s inheritance, to sign an agreement stating that they were not against restoring the term through conciliation. Having issued their consent, the relatives certified the document by a notary, and everyone was issued certificates of inheritance for 1/3 of the inheritance of citizen S.

Partial entry

Current legislation does not allow partial inheritance. Therefore, receiving a certain part of the property is regarded as accepting the full amount, including all debt obligations of the testator. If there are several heirs, the debt is distributed among them according to the share received.

The period for registering inherited property is unlimited. Some unscrupulous heirs hide behind this fact to avoid paying debts and utility bills. However, you still have to pay the bills, so when entering into an inheritance, you should carefully familiarize yourself with the property of the deceased.

The procedure for accepting an inheritance after the statutory period is quite complex and confusing. Some situations are difficult to understand even for a professional, not to mention ordinary citizens. Therefore, to competently solve the problem, it is better to use the help of an experienced lawyer.

To find out all the details and ask questions about how to enter into an inheritance after a six-month period, you can use the services of the specialists of the ros-nasledstvo.ru portal. They will help you correctly draw up an application and prepare the necessary documents confirming your legal rights to inherited property. You can also take advantage of them, which will save you from the need to complete documentation, visit courts and other unpleasant procedures.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

:

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call Moscow and Moscow region
• call St. Petersburg and region

Save or share the link on social networks

- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

39

Entry into inheritance after death under a will

The procedure and rules for entering into inheritance under a will are established by the chapter...

20

Lawsuit to restore the deadline for accepting an inheritance in 2020

The judicial hearing of the case on restoration of the period for accepting an inheritance begins with...

25

How to draw up a will for an apartment

The legislation of the Russian Federation establishes the right of every capable citizen to perform posthumous...

7

How to find out if there is an inheritance

The sudden death of the testator or lack of contact with other applicants may...

14

Mandatory share in the inheritance by will and by law (without a will)

The legislative act regulating civil law in the field of inheritance (section V...

14

Are loan debts inherited?

The short answer is YES, debts are inherited if the heir accepts the inheritance...