HOW TO REGISTER THE RIGHT TO INHERITANCE?

 An heir who wishes to receive an inheritance within 6 months from the date of opening must personally apply to a notary at the place of its opening with a corresponding statement.

 Please note that persons who permanently lived with the testator at the time of his death, as well as minors, minors, incapacitated persons, persons whose legal capacity is limited - this obligation does not apply. If such persons have not renounced the inheritance, it is considered that they have accepted it automatically. That is, the law does not require such persons to submit an application for acceptance of the inheritance.

If, within 6 months from the date of death of the testator, such an heir did not declare his rejection of the inheritance, he may receive a certificate of the right to inheritance on a general basis.

 In order for the heir to be considered to have accepted the inheritance, the very fact of cohabitation with the testator at the time of opening the inheritance is not enough. It is necessary that such residence be permanent.

 At the same time, it should be borne in mind that the current legislation does not disclose the concept of permanent residence of an individual, therefore, the recognition of this fact is regarded by law as an establishment of a fact of legal significance.

 In the latter case, the indicated circumstances are the basis for filing a claim or a statement (depending on the presence or absence of a dispute over inherited property) on establishing the fact of permanent residence with the testator at the time of opening the inheritance. Thus, the legislator in this case, the requirement for the obligatory permanent residence of the heir together with the testator at the time of the opening of the inheritance, puts the acceptance of the inheritance in this case, depending on the fact of joint permanent residence of these persons.

 If the heir, for good reason, missed the deadline for applying for the opening of the inheritance, he has the right to renew the deadline by applying to a notary with an application for accepting the inheritance together with the written consent of other heirs, in the absence of consent, go to court.

 If the heir on the day of death was registered at a different address from the testator and missed the established time limit for accepting the inheritance, he has the right to apply to the court with a claim to determine an additional time period for her to accept the inheritance.

⌚ Time and place of opening the inheritance

 The time of the opening of the inheritance is the day of the death of the person, and when he is declared dead, the day of the entry into force of the court decision declaring the natural person dead.

 The right to inheritance is opened at the last place of residence of the testator.

 If the place of residence of the testator is unknown, the place of opening of the inheritance is the location of the real estate (land, house, apartment). In the absence of real estate, the place of opening of the inheritance is the location of the main part of the movable property (car - the place of registration).

What documents do you need to open an inheritance?

Death certificate or court decision declaring the testator dead;
Will, if available. The will, which will be kept in the future in the file of the notary;
Passports and identification numbers of heirs;
Confirmation of kinship and other relations with the testator, which are: certificates of the registry office, extracts from the books of civil registration, records in passports about children, about another spouse, copies of court decisions that have come into force, on establishing the fact of kinship and other relations.
In some cases, certificates issued by state institutions and organizations at the place of work or residence may be accepted, if, together with other documents, they confirm the family and other relations of the heirs with the testator.
Documents confirming the place of opening the inheritance:
- a certificate from the housing and communal organization (if the testator lived in an apartment or dormitory at the time of death) or a house book (if the testator lived in the house) with a note on the testator's registration at a specific address.
Proof of ownership of the deceased's property:
- documents of title to real estate (apartment or house), state acts on land;
- savings books or agreements with banking institutions;
- certificates of securities, etc.