If not entered into inheritance rights. What to do if the heir has not entered into the inheritance within six months

Inheritance is a complex and intricate process, and also limited in time. Often there is a situation in which the heir does not have time to enter into the inheritance in due time. Consider how you need to correct the situation and do everything right.

How long can you not inherit?

The officially recorded death of a person means the opening of an inheritance. From this moment on, all heirs have exactly six months, during which they are required to apply to a notary for a certificate of inheritance.

An exception is made for those persons who, according to the Civil Code of the Russian Federation, Art. 1117, inherited, but subsequently received it. In case of refusal of the heirs of the previous line or their loss of the right to inherit, people from the next line are given 3 months, even if 4 or more have passed since the death.

What to do if you do not enter into an inheritance on time

If a person did not have time to enter into an inheritance in six months, he has only two options left: to negotiate with other heirs or try to correct the situation through the courts.

Negotiate with heirs

This option can be implemented only on the condition that there are other heirs claiming the same property as the person who missed the deadline. In addition, they must voluntarily agree to renegotiate their entitlements. In practice, few people agree to these conditions. In this case, a person will have to lose part or all of the property that he already considered his own.

Procedure

• Ask all heirs for consent to be included in the list of the heir who missed the deadline.
• Obtain a new certificate from the notary.
• Issue your own rights in accordance with the new data.

Procedure and features

Consent must be drawn up by each heir separately and purely voluntarily. This can be done both with a notary who previously dealt with the issuance of a certificate in this case, or with any other. In the latter case, consent must be sent through third parties or by mail to the first notary.

When sending consent by mail or transfer through third parties, the signature of the heir must be notarized. Alternatively, any person who has the right to certify a power of attorney or perform notarial acts can testify (Article 1125 of the Civil Code of the Russian Federation, paragraph 7).

After receiving all the consents, the notary will cancel the previously issued certificate of inheritance and issue a new one, taking into account the changes that have occurred. It can also be used to make changes to property rights. After that, it remains only to take away what is required by law and re-register the rights.

The list of documents for a notary on the example of inheritance of an apartment:

• Passport.
• Death certificate.
• Certificate of all registered in the apartment.
• Birth certificate or other document capable of with the deceased.
• Documents on the ownership of real estate.
• Explication from BTI and .
• Extract from USRN.
• Statement of debt for payment of an apartment.
• Will (if any).

Resolve the issue in court

This option is much more common. It is relevant for those situations where the heir missed the deadline for really good reasons.

Causes

According to Article 205 of the Civil Code of the Russian Federation, good reasons are understood as:

• Illiteracy.
• Helpless state.
• Severe illness and other causes directly related to the personality of the heir.

At the same time, they are not recognized as respectful:

• Lack of information about the composition of the inheritance.
• Lack of knowledge of laws, regulations and terms.
• short-term health problems.

Trying to get property through the court by inheritance without good reason is pointless.

Procedure

• Prepare a statement of claim in accordance with the Code of Civil Procedure of the Russian Federation, Article 131.
• Prepare a list of required documents.
• Submit an application and documents to the court.
• Get a court order.
• To issue new rights to property, taking into account the changes that have occurred.

The statement of claim may contain many nuances, depending on the current situation, the composition of the inherited property and other factors. It is recommended to trust an experienced lawyer in this matter.

Procedure and features

Inheritance disputes are considered as action proceedings, in which all other heirs become defendants. If there are none, the respondent is the municipality, subject or state.

An action must be filed in the court located in the place of residence of the defendant. If it cannot be established for some reason, the judicial authorities located at the place of registration of the property or the last known place of residence of the defendant will do. If there are several such persons, then you can choose the place of residence of any of them. When inheriting real estate, an application must be sent to the court at the place of its location.

When the court decides, it will list the heirs. Previously issued certificates/certificates will be determined as invalid, and no new ones need to be obtained. The basis for re-registration / redistribution of property will be a court decision.

If necessary, the court will also take steps to protect the rights of the new heir.

Required documents

Article 132 of the Code of Civil Procedure of the Russian Federation indicates a list of documents that must be submitted to the court simultaneously with:

• Copies of the application for all defendants.
• Receipt for payment of state duty.
• Documents substantiating the claims of the plaintiff, with copies for each defendant. It can be:
  • Death certificate of the person whose property is being claimed.
  • Documents confirming the status of heirs (will, adoption documents, marriage or birth certificate).
  • Evidence of good cause.
  • Papers on the composition of the inheritance.

Any other documents that may affect the decision of the court are also accepted.

If the new heir defends his rights in court with the help of a representative, he will additionally be required.

The amount of the state fee when filing an application with the court

In a letter from the Ministry of Justice of the Russian Federation dated June 11, 2010 No. No. 03-05-06-03 / 79 states that when applying to the court for the right to inherit, it is necessary to pay a state duty, as in property claims in accordance with clause 1.1 of Article 333.19 of the Tax Code of the Russian Federation.

For example, an apartment worth 2 million rubles acts as property. The new heir has the right to it all, in its entirety, but did not have time to submit documents to the notary due to a serious illness. Now he needs to pay 0.5% of 1 million + 13,200 rubles = 18,200 rubles.

Deadline for obtaining consent or filing an application with the court

According to paragraph 1 of Art. 1155 of the Civil Code of the Russian Federation, a potential heir is given another six months from the date of the expiration of the inheritance period to file documents with the court. Simply put, there is only 1 year in which you can try to get property. After that, regardless of any valid reasons, it will be impossible to receive what is rightfully due.

What happens if a person does not inherit within 6 months or several years

Six months are given to enter into the inheritance. If this deadline is missed, within the next 6 months there is still a chance to resolve the issue through the court, provided there are good reasons. Otherwise, there are two options:

1. The property passes to the next heirs in line. You can try to negotiate with them out of court.
2. If there are no other heirs, the property goes to the state. In this case, the problem is solved only through the court. This, as already mentioned, is given six months after the end of the six-month period.

But there is also an alternative possibility, in which the heir actually accepted the inheritance, but did not enter into it. This is the best option. Paragraph 2 of Article 1153 states that if the heir begins to own property, protects it from third parties or pays maintenance costs, then he is considered to have accepted the inheritance. In such a situation, it remains only to document everything, and this can be done both in a year and in a few years.

If no one inherits, to whom does the property go?

Suppose that after the death of a person, no one turned to a notary for 6 months. After that, the state takes all the property of the deceased. In this case, if during the next six months someone applies for an inheritance and can prove his right in court, in which the state will be the defendant, he will become the full owner of the property without any restrictions.

We offer you a free consultation during which you will receive answers to all questions, clarify the nuances of the procedure for yourself and will be able to better understand the essence of the problem. Also, if there is no desire to independently deal with the issue of restoring the right of inheritance, then our experienced lawyers will be able to prepare and submit documents, as well as give clear recommendations.

Every person sooner or later faces the issue of inheritance of property. The legislation establishes a clear period during which the heir must collect a package of documents and declare his rights. This must be done no later than six months from the date of death of the testator.

Quite often, circumstances develop in such a way that the heir cannot enter into the inheritance within the specified period. This can happen for various reasons - for example, a person does not know that a relative has died, and he is the heir.The ignorance of people in this matter can play a big role. Many are simply not familiar with the rules of inheritance and do not know that the deadlines for filing documents are strictly limited by law.

Is it possible not to inherit?

The heir himself must apply to the notary within 6 months, since it is from him that the notary office learns that it is necessary to open an inheritance case. If a person is not interested in receiving an inheritance, he may have the following questions:

1. Can he not collect documents and not pay for notary services?
2. Will there be a fine or other sanctions for this?

The law also provides for such a development of events. Such a decision of the heir can indeed lead to different consequences. They depend on whether the appropriate document was drawn up, which confirms the refusal of the heir from the property passing to him, or the person simply decided to refuse to visit the notary, but considers the property to be his by right.

If the refusal is notarized, according to the law, the person will be removed from the object of inheritance. In this case, the refusal document must be drawn up in the form approved by law. A citizen will not be able to return his rights to the inheritance under any circumstances.

If there was a formal renunciation of the inheritance, and the citizen decided not to contact a notary, in fact he took possession of the property without having supporting documents for this. State structures regard such actions as unlawful.

After six months, the state becomes the owner of the property. This is determined by article 1154 of the Civil Code of the Russian Federation.

If the actual ownership is documented, a person will be able to issue an apartment and other objects in the property through an appeal to the court. In the case of an apartment, paid receipts for utilities, documents on repair costs, etc. can be presented for documentary evidence.

None of the heirs declared themselves within 6 months

The standard and statutory deadline for registering property as an inheritance is six months. During this time, the successors must declare their desire to enter into the rights to receive the inheritance. If the term expires, and the heirs have not applied to the notary or to the court, the heirs of the next stage have the right to claim the property.

Judicial practice argues that it is important to accurately establish the circle of persons who can claim inheritance rights. If the parents are alive, the grandson cannot inherit from the grandparents. He can become an assignee only in one case, when there is a will in which he acts as an heir. As for the brothers and sisters of the deceased, they have the right to inherit, for example, an apartment, and give it to their grandchildren who are not "relatives" by law.

If the application is submitted by a person who is not included in the category of heirs in accordance with the Civil Code of the Russian Federation, the deadline established by law will be missed. Heirs by kinship, who had the right to inherit and declare themselves, will be left with nothing. According to the law, the property will become state property. In order to prevent such a situation, you need to seek advice on inheritance rights from a lawyer in time.

What to do if the deadlines are overdue?

What to do if the heir is still faced with the problem of the expired date of entry into the inheritance? The law offers two solutions:

• restoration of rights in court;
• restoration of rights in a non-judicial manner.

The non-judicial procedure is applied in the event that one of the relatives nevertheless managed to apply to a notary and enter into an inheritance. If the inheritors agree to share the property with the late heir, the relatives come to the notary and re-register the documents taking into account the new successor.

The court order can be used if there is a good reason for the untimely application to the notary's office. The Civil Code regulates the period for the restoration of inheritance rights after 6 months. This right is granted to the heir for another 6 months.

Restoration of rights in court.

If within six months a person has not filed a claim for inheritance rights for a good reason, he has the right to file a lawsuit. The application is made in the approved form. A full set of documents is attached to it, on the basis of which the court can understand whether there was a good reason. In case of illness - these are certificates from the hospital, in case of a long departure - tickets, checks, etc.

One of the most common cases of missing the deadline for entering into an inheritance is the absence of information from the heir about the death of the testator. This circumstance gives the heir the right to restore rights under the law even 20 years after the opening of the inheritance case.

The procedure in this case includes filing an application with the court, which indicates the true reasons for missing the entry into the inheritance within the approved time frame. The application is submitted no later than 3 years from the date of disappearance of the reason that served as an obstacle to the timely execution of documents.

The court may decide to satisfy or reject the claim. If the court does not consider the reasons valid, the statement of claim is rejected. Otherwise, the citizen gets the opportunity to restore the rights to hereditary property.

To whom will the property go?

What will happen to the property if you do not enter into an inheritance, to whom does it pass? The legislation answers this question unambiguously. If none of the assignees of all stages has made it known about their rights, the inheritance is recognized as escheated. In this case, it goes to the state.

Article No. 1151 of the Civil Code divides escheated property into 2 types:

• property passing into the ownership of local authorities;
• inheritance passing into the ownership of the Russian Federation.

Local self-government bodies can apply for:

• premises located in the housing stock;
• land holdings and real estate on their territory;
• shared ownership of these real estate objects, if the testator owns only a part of the immovable objects on an equal footing with other owners.

All other property becomes the property of the Russian Federation. The process of transferring escheated property into the ownership of the state or local governments can be carried out through a notary's office or through judicial authorities (more details in the article:). If the fact of the absence of heirs is confirmed, notarial documentation is appropriate. If the situation is ambiguous, the judicial procedure for transferring property to state ownership is used.

If the heir entered into the inheritance, but did not formalize the right of ownership, he will have to do this in any case if he intends to retain the property acquired from the testator and dispose of it in any way. Of course, first of all, this procedure applies to inherited real estate. It can be an apartment, a private house, a cottage, a garage, a land plot. It is real estate that requires mandatory registration of ownership in Rosreestr.

From the moment of the testator's death, whether he left a will or not, his heirs have 6 months to apply to a notary's office and apply for a certificate of inheritance. A missed deadline can only be extended by a court order. However, in court it will be necessary to prove with documents that the reason for missing the deadline was really valid, an unfounded statement will not be enough.

In fact, to obtain ownership of an apartment, land plot, house, you must go through two separate procedures:

1. Obtain a certificate of inheritance. To do this, contact the notary's office, preferably at the location of the hereditary real estate.
2. Re-register the property in your name with Rosreestr, presenting a certificate of inheritance.

Heirs do not always realize that it is not enough to complete only the first stage, because the second is also a mandatory procedure. With the receipt of the certificate, the property becomes the property of the heirs. However, they will be entitled to dispose of it in any way (donate, sell, bequeath, etc.) only after receiving an extract from the USRR, confirming the re-registration of ownership.

Until June 15, 2015, a different procedure for confirming ownership of real estate was in force in the Russian Federation. The owner was obliged to obtain a certificate of ownership of the property, which was proof of his rights in all instances. With the entry into force of the law FZ No. 360, the situation has changed, now the only evidence is an extract from the USRR, which is issued by Rosreestr (its territorial division).

Is it possible to live in an apartment if the ownership is not re-registered?

Nothing prevents heirs from continuing to live in the house of a deceased relative if they are included in the will or are legal heirs. From the moment of the death of the testator, the obligation to pay for utilities falls on their shoulders.

Delaying the procedure for registering ownership of real estate is fraught with the fact that other relatives may appear and claim their inheritance. Disputes of this type are often resolved in court when the following is taken into account:

1. The reason that prevented relatives from declaring themselves earlier. If they applied after the expiration of 6 months from the date of the death of the testator, they will have to prove in court the validity of the reason for missing the deadline and the legitimacy of their claims.
2. Who actually accepted the inheritance and how he dealt with it.
3. Who from the moment of death carried out payment of utility bills.
4. Who repaid the testator's debts, if any.

In Russian law, there is a presumption of the actual acceptance of the inheritance. This is the procedure according to which the one who continues to maintain the property of the deceased, take care of him (live in an apartment or house, take care of the land), is recognized as having actually accepted the inheritance.

The question is not idle, especially when the heirs do not intend to use the inherited housing, but want to sell it immediately. According to Art. 209 of the Civil Code of the Russian Federation, only its owner has the right to dispose of property by legal means. It would seem that a conflict arises when the recipient of the inheritance already owns the property, but at the same time cannot sell it.

This is indeed so. It is impossible to sell an apartment registered in the name of a deceased person. A reasonable buyer would never buy such an apartment or house. To register an apartment for a buyer, you need to submit a sales contract to Rosreestr, as well as an extract from the USRR, confirming the seller's ownership. And since there was no re-registration, then the package of documents will be incomplete.

The situation is similar with a will. You cannot include in a will real estate that is not registered in your name. In order for a will to become valid, it must contain all the information relating to housing.

If, as of the date of the will, you do not have an extract from the USRR confirming the ownership of real estate, then including it in the text of the document makes it null and void.

How long does it take to transfer ownership?

The law strictly limits the timing of entry into the inheritance, only 6 months after receiving the death certificate of the testator. The result of this legal procedure will be obtaining a certificate of inheritance. This document, until the moment of re-registration of property rights, is proof of the heir's legality of residence in an apartment or private house.

The notary office is obliged to keep the executed documents for 75 years. During all this time, anyone can contact her and receive confirmation of the procedure for entering into an inheritance. Even if you lose the original issued certificate, you can restore it at any time by requesting a copy.

What does it say? That you have 75 years to re-register the property for yourself. If you pay taxes and utility bills on time, then you can not rush to register an apartment for yourself. If you do not intend to dispose of it in the near future, it is quite possible to pull. The re-registration procedure itself now takes a little time - on average up to 2 weeks. At the same time, documents can be submitted for registration not only to the local territorial division of Rosreestr, but also to the local MFC, as well as to use the services of the Russian Post.

Entering into an inheritance is a procedure, each party and each aspect of which is regulated by the norms of the current legislation or is detailed by judicial practice.

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One of the topical issues is after the expiration of the term allotted by the legislator.

Is it possible not to arrange?

Is it possible not to register the property transferred by inheritance in your possession? The answer is obvious - yes.

What are the consequences in this case? The answer to this question depends on the form in which the absence of a formalization procedure is expressed - in the form of drawing up as a whole or in the form of a rejection of the formal procedure that takes place at the notary.

In the first case, the legal consequences will be to remove the citizen from inheriting property.

For this he:

• apply to a notary office;
• constitutes a renunciation of an inheritance in accordance with a specific form established by law.

It is not possible to cancel this document.

In the second case, the successor refuses to formalize the property, choosing the actual method.

What does it express? Its essence is the actual acceptance of the inheritance, expressed in relation to certain actions.

For example, upon the actual entry into the inheritance rights to an apartment, the assignee paid all the debts and made cosmetic repairs to the rooms.

The disadvantage of the actual registration is the likelihood of unawareness of this state bodies, as well as other potential heirs.

The main documents include:

• death certificate of a citizen;
• successor's passport;
• extract from the place of opening of the hereditary mass;
• certificate of family relationship, etc.

A set of additional documentation is established by a notary.

What to do next?

What to do if the heirs did not inherit within 6 months? First you need to decide on a way to restore missed deadlines.

There are two options for the development of the action.

The first is an appeal to other heirs who have already accepted the property with a request for its redistribution.

This is possible only if the citizen who has overstayed the deadline is not the only successor.

At the same time, previously issued certificates of entry into the inheritance are recognized as invalid, which entails the reissuance procedure.

Practice shows that heirs who have already entered into legal rights refuse this procedure - it takes a lot of time and effort, in addition, it entails a decrease in the size of the share in the inheritance.

If the first method cannot be implemented or the citizen is the only heir, then you can use another way - applying to the court.

It is carried out by means of drawing up a statement of claim:

• indicating the reason for missing the deadline;
• asking for its restoration.

Restoration of rights

Restoration of rights in court is possible under the following conditions:

1. The presence of the right to receive an inheritance by will or by law, moreover, the basis may be the presence of a pre-emptive right, the need to allocate a mandatory share or the right to grant. One of the grounds must be indicated in the claim.
2. The next requirement is the competent state of the claim. For these purposes, it is recommended to contact a lawyer or study several sample statements on your own. The outcome of the case will largely depend on the level of preparation of this document.
3. Having a good reason. A valid reason for missing the deadline is required to accept a claim for consideration. Unsubstantiated statements are not accepted by the judge.
4. Confirmation of the specified reason by documentary means. It is not enough to just state the reason - it must be confirmed. The documents can be certificates from the hospital certified by the head physician, a diplomatic passport with a visa that includes travel dates, as well as a military ID, etc.

Legal Consequences

The legal consequence of missing the deadline for entering into inheritance rights is the suspension from receiving property.

It will be possible to return it only after a positive court decision.

It is important that if the claim is satisfied, the plaintiff also receives six months to carry out the procedure.

If the heir has not entered into the inheritance within 6 months

If a person's death occurs suddenly, family members need more time to put things in order. However, the law has set aside six months for the execution of procedural actions related to the inheritance. This time should be enough for a visit to a notary, collection of papers, payment of notary services.

But cases when the heirs do not have time to enter into the inheritance within the 6-month period allocated for this are not uncommon. It also happens that they do not know at all about the death of a family member, about the opening of an inheritance and the expiration of the period for its acceptance.

The question arises - did the law provide for the opportunity to extend the missed period and enter into the inheritance after six months? The answer is yes, this possibility is provided by law. And in this article we will learn what needs to be done to implement it.

Opening of inheritance and countdown of 6 months

So, 6 months are allotted for entry into the inheritance. When does this period start?

This period starts from the day of the death of the testator - if the date is known and indicated in the birth certificate. If the exact date of death is not known, the court decision indicates the estimated date of death.

From this date, the inheritance opens and the 6-month period begins its countdown, during which you need to enter into the inheritance.

What to do if 6 months have already passed

Within 6 months, you need to do the following:

1. Visit a notary office, apply for inheritance
2. Collect documents
3. Pay the state duty for the issuance of a hereditary certificate and other notarial services
4. Get a certificate.

But if six months have passed since the death of a relative?

It all depends on what the reason for missing the deadline is. The law provides for the possibility of restoring the term only for good reasons for missing. If the reasons for missing the deadline are not valid, the likelihood that the court will meet and extend the missed deadline is low.

The law defines two ways to enter into an inheritance after 6 months: judicial and extrajudicial.

Method number 1. Judicial

This method involves filing a lawsuit in court if, for good reasons, the heir could not apply to a notary with a statement during the 6 months allocated for this.

How to file a claim correctly?

Annexes to the claim

Documents must be attached to the statement of claim confirming good reasons for missing the deadline. Do not treat the provision of evidence as an empty formality. The court will find out why the heir does not apply for the inheritance in a timely manner, and the heir will need to prove that the reasons for the missed deadline are really valid.

The court may recognize as such reasons:

In addition, the claim must be accompanied by the main documents confirming the information specified in the application: passport, death certificates, birth certificates, marriage certificates, documents for hereditary property.

Judicial review and decision

If the court considers the reasons indicated by the plaintiff to be valid, it will restore the missed period.

The countdown of the new (restored) period for inheritance will begin from the day when valid reasons ceased to operate (for example, when the heir learned about the death, when he was discharged from a medical institution, when he returned from abroad, etc.).

If it becomes obvious in court that the deadline was missed for unjustified reasons (for example, the heir knew about the death, but did not contact the notary because “he was busy”), the claim will not be satisfied. Missing the deadline will be recognized as a voluntary renunciation of inheritance.

Method number 2. Extrajudicial

This method of entering into inheritance rights does not require going to court. Even if the deadline is missed, the heir can restore it - if the rest of the heirs, who entered into the inheritance on time, agree to this.

Consent must be in the form of a written document, signed by all heirs and notarized. This document must be submitted to a notary. He will cancel the previous Certificates and issue new ones. You won't have to go to court.

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