Tip 1: Who are the heirs of the first stage
Tip 1: Who are the heirs of the first stage
In the absence of a will, the inheritance is acceptedaccording to the order specified by the Civil Code in Art. 1142 - 1145. The transition to the next stage occurs in cases of exclusion from inheritance of direct heirs; their written refusal, deprivation of the right of inheritance or their absence.
Heirs of the first stage
Legislation of the Russian Federationprovides 8 queues, each of which receives an equal share of inheritance. Article 1142 says that the heirs of the first stage are the husband of the testator, his children, and also his parents. Grandchildren and descendants of grandchildren take inheritance by right of representation. In cases of unregistered marriage (cohabitation), the "civil spouse" can enter into the inheritance only by will or as a dependent. Children enter into the inheritance if their origin is related to the testator and it is established according to the family legislation. In cases of recognition of marriage as invalid, children born in it will be heirs of the first stage. In the same way, the adoptive parents and adopted children are considered to be the primary heirs (item 1 of article 1147 of the Civil Code of the Russian Federation). Parents deprived of parental rights or evading parental responsibilities are unworthy heirs (Article 1177 of the Civil Code of the Russian Federation), and therefore do not fall into any of the queues, moreover, the children themselves do not lose the right of priority inheritance. Citizens who are dependent on the testator at least a year before the death in accordance with Art. 1148 also become priority and equal in proportion to the rest.Acceptance of inheritance
The inheritance is accepted completely, it is impossible toaccept partially. Inheritance includes all property rights and duties. Acceptance occurs after the submission of a written application on the right of inheritance at the place of opening the inheritance. When submitting an application by other persons or sending it by mail, the document must contain a signature certified by a notary or a person authorized to certify documents (Article 1125 of the Civil Code of the Russian Federation). Also, according to a notarized proxy, the property can be transferred to any representative of the heir, the legal representative receives the property without a power of attorney. Six months is the time during which the heir can claim to receive an inheritance upon application. After heirs can only apply for the application at the discretion of the court, if the period was missed for valid reasons. Further, the court determines the shares of all legal heirs. In case of rejection of inheritance, successors must also submit a written notarized statement. When inheritance is received, the successors pay a state fee, depending on the level of kinship with the testator, as well as on inherited property. The heirs are exempt from state duties: at the time of death, they lived together with the testator; heirs of persons who died while performing public service, performing public tasks, and so on; Minors and legally incompetent heirs, as well as monetary deposits in banks and royalties are not assessed.Tip 2: Who are the heirs of the first stage
According to the legislation, the testator hasthe right to leave his property to any natural or legal person. Only for this purpose it is necessary to make a will. If there is none, the property passes to the heirs of the first stage.
Inheritance by will
The period of opening the inheritance beginsdirectly from the day of death of a person. Officially, the day of the opening is considered to be the date, which is indicated in the death certificate. If the death of the testator was established by the court, the date may be presumptive. Within six months from the date of opening the inheritance, potential heirs must assert their rights to the inherited property. Actually this term can be prolonged in the judicial order, if the heirs were not aware of the death of the testator. But sometimes after the death of a person, there may not be a will. In this case, heirs of the first category or queue, as well as disabled dependents, who were in the care of the deceased, can claim the inheritance.Who is considered the heirs of the first stage
The heirs of the first turn are considered to be the mostclose relatives of the testator. This category includes children, parents and spouses. Children must be officially recognized or adopted. If the testator was deprived of parental rights or his child was formally adopted by another person, he does not have the right to inherit. If the adopted child still maintains relations with blood relatives, he can claim inheritance. Children who were conceived but not yet born at the time of death of the testator are also heirs of the first stage. In this situation, the remaining applicants will have to wait for the birth of another heir, and only then proceed to share the property. For the inheritance, the future mother of the child must apply to the notary with a corresponding statement in writing. The heirs of the testator are also considered to be heirs of the first category, if their parents are no longer alive. If there are several grandchildren, the share of the inheritance put to their parents is divided into equal parts. If at the time of entering into the inheritance the parents of the testator were alive, they also have the right to receive their share. The mother of the deceased receives his part of the inheritance without fail. The father is liable for a share only if he is officially recognized or is married to the testator's mother. The spouse of the deceased is also the heir of the first stage, if at the time of death they were legally married. Former spouses have no right to inherit. It turns out that upon entering into the inheritance all the heirs of the first category have equal rights.Tip 3: Who is considered to be the heir of the first stage
Inheritance is one of the most commonencountered issues in legal practice. There are two types of inheritance - by will and inheritance by law. In succession, the law provides for priority.
Instructions
1
The heirs of the first stage include the spousedeceased and relatives by blood. The spouse of the deceased person refers to the heirs of the first stage in the event that the marriage was officially registered. The fact of civil marriage is regarded as cohabitation, the cohabitant is not the heir of the first stage. A roommate can count on an inheritance only if, being a disabled person, he was dependent on the deceased person and lived with him for at least a year. Disabled persons in this case are those who have reached the retirement age - for women 55 years, for men - 60, or for health reasons. In both cases, the right to inherit will have to prove the presentation of documents - a passport, a pension certificate, a certificate of the WTEC. Termination of the dependency for the year before the opening of the inheritance deprives the dependent of the right of inheritance.
2
The heirs of the first stage of blood are recognizedparents and children of the testator. Parents, in the event that they survived the testator, are recognized as heirs regardless of whether they are at the time of opening the inheritance in the marriage. The rights of the first inheritance are possessed by the adopter's adoptive parents. Parents are not considered heirs if they in due time have been deprived of the parental rights and have not restored them. The same applies to adoptive parents - if they have abolished adoption, then they are not called to inherit.
3
Children are encouraged to inherit without dependencewhether they were born in marriage or not, if the relationship was recognized by the testator or proven in court. The inheritance and adopted children of the testator may apply for a variety of conditions, as reflected in art. 3, para. 1147 Civil Code.
4
The heirs of the first stage may beheirs of the testator of subsequent turns on the right of presentation. Inheritance on presentation means inheritance instead of the deceased heir by law. For example, if, at the time of the opening of the inheritance, a misfortune happens according to the law with the successor, then his heirs of the first stage claim for his whole share, rather than a share for which they could claim at the call of their line of successors.
Tip 4: Inheritance of an apartment by law
The current legislation gives the rightcitizens in life to dispose of the fate of their property in case of death. Such a right can be realized by leaving a will. If a citizen does not leave a will, his relatives will inherit his property in the order of priority established by law.
Instructions
1
The right to inheritance is primarilyspouse, children and parents of the testator. The second stage includes the brother, sister, grandfather and grandmother. In the third place, uncle and aunt inherit. The next order is as follows: 4 - great-grandfather and great-grandmother, 5 - first cousins, granddaughter, grandfather and grandmother, 6 - great-great-grandchildren, great-grandchildren, nephews, nieces, uncles and aunts, 7 - stepson, stepdaughter, stepfather and stepmother, 8 - Disabled heirs. The heirs of one line inherit the apartment in equal shares. If there are no heirs of the first stage, then the heirs of the second stage have the right to inherit the apartment and so on in order of priority.
2
Contact the EIRTS at the location of the apartment,where the deceased was registered, with a request to remove him from the registration records. The application must be accompanied by a document confirming the death of the testator. There it is necessary to request an extract from the house book and a certificate confirming the last place of residence of the deceased. These documents will be required for you to contact a notary.
3
To obtain a document confirming yourthe right to inheritance, it is necessary to apply to the notary at the place of opening the inheritance with the appropriate application. The place where the inheritance is opened is the place where the testator lived for the last time. This application must be submitted within six months from the date of death of the deceased. If you do not know where the testator lived, then the application must be filed at the location of his property, for example, an apartment.
4
When you first contact a notary, preparea package of documents: - an identity document of the applicant, - a death certificate, - a certificate confirming the place of residence of the deceased on the date of death, - documents confirming the relationship between the applicant and the testator (marriage certificate, birth certificate, etc.); - title documents for the apartment (certificate of ownership, sales contract, etc.) After receiving the application, the notary will open a hereditary matter and may ask you for additional documents regarding the apartment (for example, apartment of the apartment, cadastral passport, an extract from the Unified State Register of Land for an apartment).
5
To obtain a certificate of the right to inheritit will be necessary to pay the state fee: - 0,3% of the cost of the apartment, but not more than 100 thousand rubles - for children (including adopted ones), spouse, parents, brothers and sisters - 0,6% of the cost of the apartment, but not more than one million rubles - for all other heirs.
Tip 5: Under what conditions can grandsons inherit by law in the first place
Inheritance of property after the death of a relative- Clearly prescribed in the legislation procedure. Such a certainty in its algorithm is necessary in order to resolve all possible situations in the process of inheritance.
