Application for recognition of inheritance as dead

Recognition of inheritance as dead is an important process in a legal state. This is explained by the fact that at any time in practice a situation may arise in which the inheritance case was opened by the notary after the death of the testator, but the heirs either refused to accept the inheritance or did not accept it at all, i.e. did not submit an application.

Therefore, a logical question arises, what to do in such a case, and who will have to accept the inheritance?

In this article, we will try to answer this question, and we will also talk about the features of writing an application for recognition of inheritance as dead.

Who can submit an application for recognition of inheritance as dead?

From the analysis of the provisions of the CCU, it can be concluded that the inheritance should be considered dead if none of the heirs exercised their legal right to accept it.

Subjects of submitting an application for recognition of inheritance as dead are:

• territorial bodies of local self-government (LGUs) by the place of opening of the inheritance, and if the inherited property consists of any real estate - by its location;
• creditors of the testator whose legitimate claims were not satisfied at the expense of the inherited property;
• legal owners or users of land plots, if the inherited property consists of agricultural land plots.

Importantly! The subjects of the appeal have the right to submit an application for the recognition of the inheritance as deceased to the judicial authorities only after 1 year has elapsed from the moment when the inheritance was opened.

Consideration of such cases is carried out in separate proceedings with the mandatory participation of the parties to the case and the involvement of territorial local authorities.

What should be submitted with the application?

• Evidence confirming the death of the testator - for example, a death certificate or a court decision;
• Evidence confirming that the deceased person (testator) has no other heirs, their removal, refusal, or rejection of the inheritance in general;
• Documents confirming the testator's ownership of the property;
• Receipt for payment of the court fee.

What are the consequences of recognizing the inheritance as dead?

First of all, it should be noted that if the heritage is recognized as dead, it is transferred to the use of the territorial community. This means that she has the right to full disposal of the inherited property (use, sale, lease, etc.).

And until the moment when the heirs must accept the inheritance, such property is subject to protection by legal norms. Measures regarding protection are carried out by a notary, and in rural settlements - by local authorities.

In addition, the costs of protecting the inherited property will have to be reimbursed either by the legal heirs or by the local government, if the inheritance is recognized as dead.

Importantly! If the heir missed the deadline for acceptance of the inheritance and it was recognized as dead, then he has the right to demand the transfer of such property in kind from the Social Security Administration, but on the condition that it is preserved. If the inherited property was sold, the heir may demand financial compensation.

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