Inheritance law of the Civil Code of the Russian Federation. Who has the right to inherit by law without a will? Article on inheritance of property

1. Inheritance. Definition of the concept
2. Grounds of inheritance: by will, by law and by contract
3. Inheritance (composition of inheritance, inheritance mass)
4. Place and time of opening of inheritance
5. Persons who may be called upon to inherit
6. Unworthy heirs
7. Inheritance by law. Order of succession
8. Acceptance of inheritance. Procedure
9. Methods of accepting an inheritance (submitting an application to a notary and actually accepting the inheritance)
10. Deadline for accepting inheritance
11. Acceptance of inheritance upon expiration deadline

1. Inheritance. Definition of the concept

Inheritance- transfer of the property of the deceased (testator) to his heirs. There is a distinction between inheritance by law (when the law specifies the persons who are heirs and the order in which they are called to inherit) and by will. Inheritance by law usually takes place in the absence of a will ( Big encyclopedic dictionary. 2012 ).

Inheritance- transfer of the rights and obligations of the deceased (testator) to his heirs. By way of inheritance, ownership rights, as well as other property rights and obligations, which constitute the content of obligatory, copyright and inventive legal relations, are transferred mainly. In cases specified in the law, certain non-property rights are transferred to the heirs. Rights and obligations associated solely with the personality of the testator are not inherited. Inheritance occurs by force of law or will. If there is no will or cannot be implemented (recognized as invalid, the heirs listed in it refused the inheritance, etc.), inheritance occurs according to law, i.e. persons specified in the law are called upon to inherit ( Dictionary of financial terms. 2012).

Inheritance- this is the transfer after the death of a citizen of property belonging to him by right of private ownership in the order of universal legal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise provided by the Civil Code of the Russian Federation, to one or more persons (Article 1110 of the Civil Code of the Russian Federation).

Debts of the testator. If the testator had obligations, for example, to compensate for losses or pay a penalty, then in the event of his death they pass to the heirs (with the exception of personal obligations).

4. Place and time of opening of inheritance

Time to open inheritance. The time for opening an inheritance is currently the moment of death, and not the day of death, as was the case in the previous edition of Article 1114 of the Civil Code of the Russian Federation.

When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force, and in the case when, in accordance with paragraph 3 of Article 45 of the Civil Code of the Russian Federation, the day of the citizen’s death is recognized as the day of his alleged death, the day and moment of death indicated in the court decision.

Place of opening of inheritance. As follows from Article 1115 of the Civil Code of the Russian Federation, according to general rule The place of opening of the inheritance is the last place of residence of the testator.

• heirs at law;
• persons who are not heirs by law;
• citizens Russian Federation, foreign citizens, stateless persons;
• legal entities, including foreign ones;
• Russian Federation, constituent entities of the Russian Federation, municipalities;
• foreign countries;
• international organizations

The Russian Federation, constituent entities of the Russian Federation, municipalities, foreign countries and international organizations, and to inheritance by law - the Russian Federation, constituent entities of the Russian Federation, municipalities in accordance with Article 1151 of the Civil Code of the Russian Federation.

6. Unworthy heirs

Unworthy heirs- persons who do not have the right to inherit. The circle of these persons is defined in Article 1117 of the Civil Code of the Russian Federation, in particular, persons who, by their deliberate unlawful actions directed against the testator, any of the heirs or against the implementation of the last will of the testator, expressed in will, contributed or attempted to promote an increase in the share of the inheritance due to them or other persons, if these circumstances are confirmed in judicial procedure. Thus, to recognize someone unworthy heir One attempt at the above steps is enough.

For example, after death the testator did not leave a will. At the time of his death, the deceased had no children, spouse or parents, i.e. heirs of the first turn, however, there is a brother who will be called upon in this case to inherit by law as heir of the second stage.

8. Acceptance of inheritance. Procedure

A person who has the right to accept an inheritance (right of inheritance) can choose one of three options:

• accept the inheritance (exercise the right belonging to him);
• refuse the inheritance (refuse the specified right) (Articles 1157 - 1159 of the Civil Code of the Russian Federation);
• not accept the inheritance (do nothing).

To acquire an inheritance, the heir must accept it (). In this case, the following legal requirements should be taken into account:

• The heir must be fully capable. For minors, citizens declared incompetent, the acceptance of inheritance is carried out by their legal representatives (Articles 26, 30 of the Civil Code of the Russian Federation).
• Acceptance of inheritance is a one-sided transaction, no one’s permission or consent is required to perform it.
• An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance regardless of the time of its actual adoption or the moment of state registration of the heir’s right to inherited property; at the same time, the heir, having received a certificate of the right to inheritance, is not limited by any time limits for state registration of the arisen ownership right to real estate.
• Acceptance of inheritance under conditions or with reservations is not allowed. For example, it is impossible to accept an inheritance on the condition that when the inherited property is divided, one of several heirs will receive certain property of the testator. You cannot accept an inheritance provided you reserve the right to subsequently refuse the inheritance. You cannot accept an inheritance under the condition that other heirs refuse the inheritance, etc. You cannot accept part of the inheritance by refusing other inherited property.
• The act of accepting an inheritance applies to the entire inheritance, no matter what it is expressed in and no matter who it is. Acceptance by the heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located. Moreover, the heir, accepting part of the inheritance, may not know about the existence of other property, but it will also be considered accepted by the heir.
• The will to accept an inheritance must be formulated freely(without violence, threats, etc.). Otherwise, the transaction may be declared invalid (Article 179 of the Civil Code of the Russian Federation). A transaction to accept an inheritance made under the influence of a mistake can also be declared invalid (Article 178 of the Civil Code of the Russian Federation).
• Acceptance of inheritance by one or more heirs does not mean acceptance of the inheritance by the remaining heirs.

Section 5 is devoted to issues of accepting inheritance

9. Methods of accepting an inheritance
(submission of an application to a notary and actual acceptance of the inheritance)

There are two ways to accept an inheritance in accordance with paragraph 1 of Article 1153 of the Civil Code of the Russian Federation.

Ways to accept an inheritance traditionally divided into formal And actual. The formal method means the heir’s application to the notary, and the actual method means the performance of actions indicating the presence of the heir’s will to accept the inheritance.

Acceptance of inheritance by submitting an application to a notary. When formally accepting an inheritance, the person who has the right to acquire the inheritance submits an application to a notary or other official authorized to issue certificates of the right to inheritance. Can be submitted:

• application of the heir to accept the inheritance;
• application of the heir for the issuance of a certificate of inheritance.

The submission of both applications gives rise to the same legal effect - the inheritance is recognized as accepted, since in both cases the will of the heir to become the legal successor of the testator is expressed.

If an application for acceptance of the inheritance is submitted, then the inheritance is considered accepted, but to obtain a certificate of the right to inheritance, a separate (independent) application must be submitted.

Actual acceptance of inheritance. In accordance with paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:

• took possession or management of inherited property;
• took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
• made at his own expense expenses for the maintenance of the inherited property;
• paid at his own expense the debts of the testator or received funds due to the testator from third parties.

In order to confirm the actual acceptance of the inheritance by the heir, in particular, a certificate of residence with the testator, a receipt for payment of tax, payment for residential premises and public utilities, savings book in the name of the testator, passport vehicle, owned by the testator, a contract for repair work and similar documents.

Samples of applications to the court:

• Application to the court to establish the fact of acceptance of the inheritance. Sample

  In paragraph 38 of the Plenum Resolution Supreme Court RF dated May 29, 2012 N 9 "On judicial practice on inheritance cases" contains the following explanations:

  "The period of acceptance of an inheritance established by Article 1154 of the Civil Code of the Russian Federation, according to Article 191 of the Civil Code of the Russian Federation, begins the next day after the calendar date that determines the emergence of the heirs' right to accept the inheritance, i.e. the next day after the date:

  • opening of an inheritance or after the date of entry into legal force of a court decision declaring a citizen dead (clause 1 of Article 1154 of the Civil Code of the Russian Federation);
  • death - the day specified in the court decision establishing the fact of death at a certain time (clause 8, part 2, article 264 of the Code of Civil Procedure of the Russian Federation), and if the day is not specified - the next day after the date the court decision enters into legal force;
  • refusal of the heir to inherit or removal of the heir on the grounds established by Art. 1117 of the Civil Code of the Russian Federation (clause 2 of Article 1154 of the Civil Code of the Russian Federation);
  • the end of the period for acceptance of inheritance established by clause 1 of Art. 1154 of the Civil Code of the Russian Federation (clause 3 of Article 1154 of the Civil Code of the Russian Federation)."

  The heir may accept the inheritance at any time within six months from the date he acquired the right to inherit, including on the last day of this period. The heir is considered not to have accepted the inheritance only after this period has expired.

  For the timing of accepting an inheritance, see the recommendations of the Federal Notary Chamber in section 6 Methodological recommendations on registration of inheritance rights approved by the decision of the Federal Notary Chamber dated March 25, 2019, protocol N 03/19.

  11. Acceptance of inheritance after the established period

  A missed deadline for acceptance of an inheritance in cases provided for by law may be restored by the court upon the application of the heir who missed the deadline. In this case, the deadline for accepting the inheritance can be restored if the court recognizes the reasons for missing the deadline as valid and the heir, who missed the deadline established for accepting the inheritance, appealed to the court within six months after the reasons for missing this deadline disappeared.

  It does not contain a specific list of reasons why the court can extend the period for accepting an inheritance, however, in judicial practice, such reasons are serious illness, a helpless state, illiteracy, a long business trip, etc.).

  As follows from paragraph 2 of Article 1155 of the Civil Code of the Russian Federation, an inheritance can be accepted by the heir after the expiration of the period established for its acceptance, and without going to court, provided written consent for this of all other heirs who accepted the inheritance. As a general rule, when signing a document on the consent of other heirs to extend the period for accepting an inheritance, a notary must be present, or the signatures of the heirs on the consent documents must be witnessed official authorized to perform notarial acts.

  Section 7 of the Methodological Recommendations for Registration of Inheritance Rights, approved by the decision of the Federal Notary Chamber of March 25, 2019, Protocol No. 03/19, is devoted to the issues of accepting an inheritance after the expiration of the established period.

It is known that inheritance according to the law is issued in the order of priority. In this article we will talk in detail about when you can enter into inheritance rights under the law, how this process is carried out and who can claim the inheritance. We will also reveal the main difficulties of registering an inheritance.

Inheritance by law is carried out in the manner and under the conditions defined by law. The order of inheritance by law is applied if, after the death of the testator, the property left by him cannot pass to. This is possible if:

• the deceased did not leave a will or a will;
• the will left by the testator concerns only part of his property;
• if the heir under the will refused the inheritance or died before the opening day of the inheritance.

Chapter 93 Civil Code The Russian Federation fixes the main provisions of this area, and also determines the order of receiving an inheritance and the form of its registration.

Order of succession by law

By law, it is carried out on a first-come, first-served basis. The legislator establishes eight waiting groups, the participants of which can claim the inheritance only when there are no heirs of the previous queues - they are absent, or they are deprived of the inheritance, or they have refused the inheritance, etc. The heirs of each priority inherit the property in equal shares, for example, if after the death of the testator there are heirs of the first priority - a wife and a child, half of the property is inherited by the wife, the second half by the child. The closest relatives of the deceased are the heirs of the first stage, these are:

• children of the testator: born in an official marriage or out of wedlock, if we are talking about inheritance after a mother or father, whose paternity has been legally established; adopted children; children born after the death of the testator, but conceived during his lifetime;
• spouse of the deceased (Important! The former spouse has no right to inheritance);
• parents of the testator: the mother is always the heir, the father, if his paternity has been legally established or he is officially married to the mother;
• the grandchildren of the deceased and their descendants inherit by law by right of representation: the heirs are called upon to inherit for their parents who died before the opening of the inheritance.

In the absence of immediate heirs, participants of the second stage may enter into inheritance rights, these are:

• full and half-sisters and brothers of the deceased: it is important to have a blood relationship, at least one of the parents must be common;
• grandparents of the testator, on both sides of the parents;
• nephews and nieces can inherit the property of the deceased by right of representation.

The heirs of the third stage are:

• full and half-sisters and brothers of the deceased’s parents (aunts and uncles);
• by right of representation, property can be inherited by cousins ​​and brothers.

The composition of the fourth, fifth and sixth stages is determined by the degree of relationship between the heirs and the testator, as follows:

• fourth-degree heirs are relatives of the third degree - the great-grandparents of the deceased;
• heirs of the fifth stage are: great-aunts and grandfathers, cousins ​​and granddaughters;
• heirs of the sixth stage are: cousins, uncles and aunts, nephews and nieces, cousins, great-granddaughters and great-grandchildren of the deceased.

If there are no heirs in the previous six stages, the participants in the seventh stage are recognized as heirs, these are: the stepfather and stepmother, as well as the stepsons and stepdaughters of the testator. Eighth turn are the disabled dependents of the testator. It is worth noting that this is a special group of heirs who are recognized as persons who were fully supported by the testator while incapacitated. In this case, disabled citizens are recognized as persons having the status of a disabled person, a pensioner, a minor under the age of 16, or a student under the age of 18. A disabled dependent who belongs to the eighth line of heirs can be called upon to receive an inheritance only if he lived with the testator for at least a year before his death.

Inheritance by right of representation

The right of representation is the right of inheritance of a descending relative in the place of an ascending relative of the deceased. This right arises only in the case when the direct heir dies before the opening of the inheritance or at the same time as the testator. Only persons specified by law can be heirs by nomination. The Civil Code of the Russian Federation defines three categories of these:

1. clause 2 art. 1142 of the Civil Code of the Russian Federation - grandchildren of the testator and their descendants;
2. paragraph 2 p. 1143 of the Civil Code of the Russian Federation - nephews and nieces of the testator;
3. clause 2 art. 1144 of the Civil Code of the Russian Federation - cousins ​​and brothers.

Important! The descendants of an heir who was deprived of inheritance in accordance with paragraph 1 of Art. 1119 of the Civil Code of the Russian Federation or did not have the right to inherit in accordance with paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation.

It is worth noting that in cases where the heir dies after the opening of the inheritance, but does not have time to accept it within the period prescribed by law, the right to accept the inheritance passes to his relatives. The process of accepting inheritance in this form is called hereditary transmission, in the order of which the inheritance must be accepted during the portion of the term remaining after the death of the previous heir. If this period is less than three months, it is extended by another three months on legal grounds.

The procedure for registering inheritance according to law

According to Art. 1113 of the Civil Code of the Russian Federation, inheritance opens from the day of the citizen’s death or when he is declared dead by a court decision. The heir is given six months to declare his rights to the inheritance; if there is a good reason, this period can be extended by court decision. The right to property left by the testator must be formalized in the manner prescribed by law. The procedure for registering an inheritance involves opening an inheritance case and providing the necessary documents:

1. It is necessary to submit an application for acceptance of the inheritance to a notary authorized to conduct business in the territory of registration of the deceased citizen. You can accurately determine the office that is authorized to accept the application by looking at the website of the notary chamber of a particular city.

It is better to fill out the application simply with a blue or black ballpoint pen; you can also print it on a computer. The document should not contain any blots or corrections, all common nouns must be filled in with a capital letter. The application must be filled out in block letters or in capital letters, legibly, and the heir’s signature must be notarized.

2. The notary opens an inheritance case, where the following documents must be attached:

• • death certificate of the testator;
  • a copy of the applicant's passport;
  • a document confirming the place of opening of the inheritance - an extract from the house register from the place of residence of the testator;
  • a document confirming the degree of relationship between the heir and the testator - marriage certificate, birth certificate, etc.;
  • title document for the property, if available;
  • certificate of property value or report independent examination about the market value of property, if one is inherited.

Important! It is advisable to comply with the deadlines for accepting the inheritance, even if during inheritance it is necessary to search for the property of the testator. The inheritance file is kept by the notary for 75 years from the date of opening, so the legal heir will have plenty of time to find the testator’s property and claim his rights to it.

3. After carrying out the necessary verification of all the documents provided, the notary issues a certificate of inheritance, using which the heir can apply to the territorial authorities to register ownership.

Margarita

Good afternoon I am married and have a 4.5-year-old daughter together. Two years ago, my husband's father died. The husband entered into the rights to inherit his father’s apartment, after which, according to his words, he registered this apartment in his mother’s name with a deed of gift (he didn’t show a single document, he did everything himself and didn’t inform about anything). Does our daughter currently have the right to inheritance (apartment) and what is the procedure for her entry into inheritance rights. Thank you.

Sergey (senior lawyer)

Hello Margarita! At present there are no grounds for inheritance, since the grandmother is alive. In the event of her death and in the absence of a will, your husband and her other children (if any) will inherit as the first priority heir, and then her brothers or sisters. Therefore, your daughter will not be able to inherit the apartment directly.

Anna

After the death of my parents, my brother and I became the owners of the house and land plot in equal shares. The brother died. He has a son and grandchildren. The son verbally refuses the inheritance, because I haven’t communicated with my father. He doesn’t want to write a refusal. How can I inherit the second half of the house?

Sergey (senior lawyer)

Hello Anna! In accordance with Art. 1154 of the Civil Code of the Russian Federation, you must wait until the expiration of 6 months after the death of your brother, and if your nephew does not write an application to accept the inheritance, you must, within 3 months after the expiration of the specified period, contact a notary to accept the inheritance, provided that there are no other heirs of the first priority .

Alexander

Hello. I have this question. In 2012, my brother and I (both were legally married to their wives, consent to purchase housing was obtained from their wives) bought an apartment in equal shares. In 2017, my brother died and did not leave a will. What share of the apartment will his wife inherit?

Sergey (senior lawyer)

Hello, Alexander! If your parents have already died and your brother has no children, then the wife completely inherits her brother’s share in the apartment.

Irina

Good afternoon In your answers, I read that when inheriting by law, it is not necessary to obtain an appraised value, but you only need to request the appropriate certificate. Please tell me what kind of certificate this is and where I should request it if I inherit by law privatized apartment?

Sergey (senior lawyer)

Hello, Irina! Help about cadastral value apartments. It can be obtained from Rosreestr, the application can be submitted to the MFC.

Tatiana

Hello! My father owns real estate, decided to enter into a legal marriage and register his future spouse; in the event of his death, who will be the heir? Or should he make a will?

Sergey (senior lawyer)

Hello, Tatyana! When inheriting by law, the first-priority heirs will be the children and spouse of the deceased. If the father makes a will, the house will be inherited by those named in the will. But it must be remembered that a spouse may have the right to an obligatory share in the inheritance, regardless of the contents of the will.

Svetlana

The husband died, he owned a country house and a plot of land. The will was not drawn up, because the husband died suddenly. Should I talk about his children from his first marriage when registering an inheritance? I don’t know the whereabouts of one of them. The marriage was registered, they lived together for 23 years.

Sergey (senior lawyer)

Hello, Svetlana! You do not have such an obligation by law, but it is still better to inform the notary about the presence of children, so that there are no problems with accepting the inheritance later.

Julia

Hello. Mom died. In 1980, she was given a plot of land from the state farm of 13 acres. Together with her parents, she built a house of 30 sq.m. in 1987 she got together with a man. He drank until 1990 and did not help with the further construction of the house. In 2006, they officially registered their marriage. In 2008 the house was completed and put into operation 95.1 sq.m. Now, according to the court, most of this house (59.4 sq.m.) goes to him, and to us 3 heirs (Sister, me and grandmother), only 35.6 sq.m. Is this legal?

Sergey (senior lawyer)

Hello, Yulia! This is quite legal, since he, as the spouse of the deceased, has the right to inherit as a first-degree heir on an equal basis with other first-stage heirs. In addition, he is entitled to a majority interest in the inherited home if he lives in it and lived with the testator until the time of his death. Also, his part of the jointly acquired property is added to the husband’s share, that is, the mother’s husband had the right in any case to half of the house, since the house was registered during the marriage.

Arthur

Hello, in case of inheritance, according to the law, is it necessary to carry out an appraised value? and are there any discounts for pensioners?

Sergey (senior lawyer)

Hello Arthur! Not necessarily. Information about the value, for example, of real estate can be taken by a notary from cadastral information. You will only need to request the appropriate certificate.

Christina

Good afternoon An inheritance has opened and three people inherit, all the children of the testator. One of the property objects is an apartment. In addition to the testator, one of the heirs and her minor child are registered and live in this apartment. Is it possible to sell this property? What should the remaining two heirs do? Can they count on receiving an inheritance?

Sergey (senior lawyer)

Hello, Christina! Until all the heirs enter into the inheritance, it will be impossible to sell the entire apartment. The remaining two heirs have the right to their share of the inheritance; the registration of one of the heirs in the apartment does not detract from their right to receive their share of the inheritance.

Svetlana

Hello, please tell me. We have a situation like this. My husband is his father's only son. They lived together for a long time general farming and so the poor niece, the daughter of her own sister, was born. As a result, I turned the father against the son and achieved what at the moment son and father do not communicate. Attempts to establish normal relations have so far led to nothing. We assume that conversations are being held with the father about what a crappy person his son is, and also his niece for a long time She worked as a cook in a mental hospital and the fact that she was using psychotropic drugs cannot be ruled out. Since communication with my father speaks of his partial incompetence. In my opinion, everything is heading towards depriving us of our inheritance. Please help me tell me what to do in this situation

Sergey (senior lawyer)

Hello, Svetlana! WITH legal side There is no situation yet. Everything must be decided on a personal level. If the father has not yet written a will, then your husband has no threats to lose his inheritance.

Tatiana

Hello! After my death ex-husband There was a 3-room apartment left, bought in equal shares with his second wife. They did not have children together. What share is due to our daughter, who is his only child?

Sergey (senior lawyer)

Hello, Tatyana! The daughter has the right to 25 apartments.

Sergey Utkin

My mother has my brother as her favorite. We are two sons. Mom said the will or deed of gift will be made out only in his name. What can I get legally?

Sergey (senior lawyer)

Hello, Sergey! If a will is made for the second son, the first son will not receive anything, unless he has the right to a mandatory share in the inheritance for disabled children.

Andrey Alexandrovich

Hello! In 2003, my dad, who lived in another region of the Russian Federation, suddenly died. My mother and they had been divorced since the 90s. But in 1992, I was deregistered with my mother and went to live with my dad, where I studied, lived, etc. Around 1995-1996 we were given an apartment with the wording of expanding our family with my arrival and children of different sexes, from a two-room to a three-room apartment. In 1998, I went to my mother and was convicted; after being released, I ended up again; while serving my sentence, my dad died, but I didn’t know about it, but I found out only a few years later through a request to the mayor’s office. And my dad’s wife deliberately hid his death. I don’t have the money to come to restore and formalize the inheritance, but according to the deadlines they say I’ll miss everything. The fact is that I am the only heir since the sister living with my dad and his wife was adopted at that time, and I am my dad’s own son. What should I do when my Stepmother deliberately hid this fact and I don’t have the opportunity to travel 6,000 kilometers for procedures, and the lawyers ask for a lot, and I have three children.

Sergey (senior lawyer)

Hello, Andrey Alexandrovich! Unfortunately, without your personal presence it is almost impossible to resolve inheritance issues. Alternatively, you can send by mail to the court at the place where the inheritance was opened an application to restore the missed deadline for accepting the inheritance for good reasons, since at the time of your father’s death you were physically unable to apply for acceptance of the inheritance.

Eve

Good afternoon After my mother’s death, my brother and I are the heirs. We inherited an apartment and a car. Mom had a quarter of a house in another city, but there were no documents for it. The notary said that without documents for this share, she could not give us the right to inheritance. So 3 years passed. Now my mother’s cousin, who lives in this house, where my mother has a share, cannot register this house in his own name, says that we are obliged to enter into an inheritance using my mother’s share, and then only refuse in his favor. What should we do? Can he independently register everything as his property without us? what should he do? I do not live either in the city where the house is, or in the city where the notary opened the inheritance case.

Sergey (senior lawyer)

Hello, Eva! Whether or not to formalize inheritance for part of the house is your personal matter, depending on your relationship with a distant relative. He will not be able to register ownership on his own, unless the ownership is at least 15 years old. An option to get out of the situation is to go to court with a claim to establish the fact that part of the house is in the property of your mother.

Marina

We enter into the right to inherit cash deposits in 6 banks located in another city. How to get the part of the money due to me. funds by right of inheritance without coming to the city where the deposits were opened?

Sergey (senior lawyer)

Hello, Marina! You can receive money only from the bank where the testator’s accounts are located. Therefore, you will have to pay a visit to the relevant bank or send a representative there by proxy.

Olga

The granddaughter is the heir to the will of a share of the apartment. Having been left out of inheritance under a will, can she become an heir according to the law of this inheritance?

Sergey (senior lawyer)

Hello, Olga! No, this is not allowed. Refusal of inheritance involves a general rejection of inherited property, regardless of the basis for the inheritance.

OLGA

Hello. My situation is this: on December 5, 2017, my great-uncle on my father’s side died. He didn't leave a will. My grandmother, his sister, is still alive. My grandfather’s neighbor, who lives in his house on the floor above, tells my grandmother that my grandfather was going to bequeath the apartment to her and asks my grandmother to renounce the inheritance in her favor. To which my grandmother agrees - this is my brother’s last will... I believe that this neighbor - a swindler, because grandfather died in memory and on his own feet, i.e. she did not court him, as she claims. Can I apply for an inheritance and can this prevent a fraudster from taking possession of my grandfather’s property? I have my grandfather’s death certificate and my neighbor is trying to get it out of me

Sergey (senior lawyer)

Hello, Olga! There is no need to write anything. Just talk to your grandmother so that she takes full responsibility for the inheritance. Even if you submit an application, the notary will refuse you, since your grandmother is in front of you in the line of heirs.

Carried out on the basis of the law. Therefore, the term “inheritance by law” chosen by the legislator is quite conditional and is intended to reflect those cases that arise in practice when one has not expressed one’s last will in a will.

According to Art. 1111 of the Civil Code of the Russian Federation, inheritance by law takes place when and insofar as it is not changed by a will, as well as in other cases established by the Civil Code of the Russian Federation. Heirs by law There may be citizens who are alive at the time of the death of the testator, as well as children of the testator born after his death.

Heirs by law are called upon to inherit in order of priority. Today, the Civil Code of the Russian Federation establishes eight lines of heirs. The heirs of each subsequent line are called to inherit in the absence of heirs of previous lines, or if none of them has the right to inherit, or all of them are excluded from inheritance, or are deprived of inheritance, or none of them accepted the inheritance, or all of them refused inheritance. Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation.

In accordance with Art. 1146 Civil Code of the Russian Federation by right of representation are inherited by the grandchildren of the testator and their descendants, children of the testator's full and half brothers and sisters (nephews and nieces of the testator), cousins ​​of the testator if, by law, he died before the opening of the inheritance or at the same time as the testator. of an heir by law who died before the opening of the inheritance or at the same time as the testator, which passed by right of representation to his respective descendants is divided equally between them. The descendants of an heir by law who was deprived of the inheritance by the testator, as well as who was recognized as an unworthy heir, do not inherit by right of representation.

Based on Art. 1142 Civil Code of the Russian Federation heirs of the first stage are the children, spouse and parents of the deceased. Children born after the death of the testator are also invited to inherit. , in respect of which his parents or one of them were deprived parental rights, retains the right to inheritance.

As for adopted children and adoptive parents, the Civil Code of the Russian Federation in Art. 1147 equates them in personal non-property and property rights to relatives by origin. Accordingly, they are among the heirs of the first stage. Adopted children do not inherit by law after their relatives by origin, that is, biological parents, and biological parents do not inherit by law after adopted children. At the same time, the Family Code of the Russian Federation in paragraph 3 of Art. 137 provides for the possibility of preserving personal non-property and property rights and obligations when a child is adopted by one person at the request of the mother, if a man, or at the request of the father, if the adoptive parent is a woman. In this case, the adopted child inherits by law after the death of relatives by descent, who, in turn, inherit in the event of the death of the adopted child.

The testator's grandchildren and their descendants inherit by right of representation.

According to Art. 1143 Civil Code of the Russian Federation secondarily full and half-siblings of the testator, his grandparents, both from the father and from the mother, are called upon to inherit.

Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation.

In Art. 1144 of the Civil Code of the Russian Federation by heirs third stage are full and half brothers and sisters of the testator's parents (testator's uncles and aunts).

The testator's cousins ​​inherit by right of representation.

In the absence of heirs of the first, second and third stages, art. 1145 of the Civil Code of the Russian Federation gives the right of inheritance by law to relatives of the testator of the third, fourth and fifth degrees of kinship, not related to the heirs of previous orders. The degree of kinship is determined by the number of births separating one relative from another. The birth of the testator himself is not included in this number.

So, as heirs fourth stage Relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator - are called upon to inherit; as heirs fifth stage - relatives of the fourth degree of kinship - children of the testator’s own nephews and nieces (cousins ​​and granddaughters) and siblings of his grandparents (great-uncles and grandmothers); as heirs sixth stage - relatives of the fifth degree of kinship - the children of the testator’s cousins’ grandchildren and granddaughters (great-great-grandsons and great-granddaughters), the children of his cousins ​​(great-nephews and nieces) and the children of his great-uncles and grandmothers (great-uncles and aunts). In the absence of heirs of previous orders, to inherit as heirs seventh stage
By law, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon.

If there are insufficient documents confirming family relations and their degree, questions about establishing the relevant legal facts (the fact of kinship or marriage relations, the fact of registration of certain events, the fact of dependency, etc.) are resolved in court.

It should be noted that the legislator provides special regime inheritance by law for disabled persons who are dependent on the testator (Article 1148 of the Civil Code of the Russian Federation). So, if a citizen, on the day of opening of the inheritance, is among the heirs by law, but is not included in the circle of heirs of the called queue, then he inherits by law together and equally with the heirs of this queue, provided that at least a year before the death of the testator he was in his dependency. It does not matter whether such a citizen lived together with the testator or not. The fact of cohabitation serves as a basis for inheritance only if the disabled citizen is not an heir by law, but was at the same time dependent on the testator and lived with him for at least a year before his death. If there are other heirs by law, such disabled dependents inherit together and equally with the heirs of the line called for inheritance, and in the absence of other heirs by law - independently as heirs eighth stage .

As a guarantee of rights individual categories The law determines the relatives of the testator in the presence of a will. So, in accordance with Art. 1149 of the Civil Code of the Russian Federation, the right to an obligatory share in the inheritance, regardless of the contents of the will, belongs to the minor or disabled children of the testator, his disabled spouse and parents, as well as the disabled dependents of the testator. These persons inherit at least half of the share that would be due to each of them upon inheritance by law. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from the part of the property that is willed .

In addition, special guarantees are provided for inheritance of the surviving spouse : according to Art. 1150 of the Civil Code of the Russian Federation, the right of inheritance belonging to the surviving spouse of the testator by virtue of a will or law does not detract from his right to part of the property acquired during the marriage with the testator and which is their joint property. The deceased spouse's share in this property, determined in accordance with the rules on joint property of spouses, is included in the inheritance and passes to the heirs in accordance with the rules established by the Civil Code of the Russian Federation. Otherwise, it may be provided for by a joint will of the spouses or an inheritance agreement.

If there are no heirs both by law and by will, or none of the heirs have the right to inherit, or all heirs are excluded from inheritance, or none of the heirs accepted the inheritance, or all the heirs refused the inheritance and none of them did not indicate that he is renouncing in favor of another heir, the property constituting the inheritance mass is recognized escheat and moves on in the ownership of an urban or rural settlement, municipal district, urban district, city federal significance, subject of the Russian Federation, Russian Federation .

57. Inheritance according to the law in the Russian Federation.

Inheritance by law - transfer of the property of the deceased (inheritance, hereditary property) to other persons in the absence of a will, based on priority in the manner prescribed by law.

The principle of priority means that the law establishes successive groups of heirs, and in such a way that each subsequent line inherits if there are no heirs of previous lines, i.e. if they:

Generally absent;

None of them has the right to inherit (in particular, they are all excluded from inheritance);

Disinherited;

None of them accepted the inheritance or all of them renounced the inheritance.

Within the same line, heirs inherit in equal shares, with the exception of persons inheriting by right of representation: they inherit on equal terms, but within one share.

3. Main and subsequent queues.

There are three main queues: First queue:

Children of the testator;

Testator's spouse;

Parents of the testator.

Second stage ( Art. 1143 Civil Code of the Russian Federation):

Brothers and sisters of the testator (full and half-blood);

Grandfather and grandmother of the testator (both on the father's and mother's sides.

Third stage ( Art. 1144 Civil Code of the Russian Federation):

Full and half-siblings of the testator's parents (that is, the testator's uncles and aunts).

Fourth stage (great-grandparents of the testator);

Fifth stage (children of the testator's nephews and nieces - cousins ​​and granddaughters; siblings of his grandparents - great-uncles and grandmothers);

Sixth line (children of the testator's cousins' grandchildren and granddaughters - great-great-grandsons and great-granddaughters; children of his cousins ​​- cousins' nephews and nieces; children of his great-uncles and grandmothers - cousins' uncles and aunts);

Seventh line (stepsons, stepdaughters, stepfather and stepmother);

Eighth priority (disabled dependents of the testator, if by law they are not included in the previous priority and there are no other heirs by law).

4. Right of representation. This is the replacement of relatives of the main lines who died before the opening of the inheritance with their children (1st and 2nd stages), cousins ​​of the testator (3rd stage). The corresponding share in the inheritance is divided in this case equally among everyone who is called to inherit by right of representation.

The descendants of an heir by law who was deprived of the inheritance by the testator, as well as that descendant of the heir who died before the opening of the inheritance or at the same time as the testator and who would not have the right to inherit as an unworthy heir in accordance with clause 1 art. 1117 Civil Code of the Russian Federation.

5. Inheritance by disabled dependents of the testator. Citizens - heirs by law, who are disabled on the day of opening of the inheritance, may not be called upon to inherit this line (for the reason that, by degree of relationship, they belong to subsequent lines). However, they, according to Art. 1148 Civil Code of the Russian Federation, inherit by law together and equally with the heirs of this order, if they were dependent on him for at least a year before the death of the testator, regardless of whether they lived together with the testator or not. In the same order, disabled dependents who are not included in all lines of inheritance by degree of relationship, but who lived and were dependent on the testator for at least a year before his death, inherit.

6. The right to an obligatory share in the inheritance. Minor or disabled children of the testator, his disabled spouse and parents, disabled dependents specified in Art. 1148 of the Civil Code of the Russian Federation, have, regardless of the contents of the will, the right to an obligatory share ( Art. 1149 Civil Code of the Russian Federation). This (obligatory share) is at least half of the share that would be due to each of them upon inheritance by law (including the cost of the testamentary refusal established in the will).

However, in the cases specified in clause 4 art. 1149 Civil Code of the Russian Federation (the presence in the inheritance of residential premises or a source of livelihood that this “privileged” heir did not use during the life of the testator, etc.), “the court may, taking into account the property status of the heirs entitled to an obligatory share, reduce the amount compulsory share or refuse to award it."

7. Escheatable property. If in this particular situation there are no persons who could be called to inherit by law and by will, or none of the heirs accepted the inheritance, or all the heirs refused the inheritance without indicating in whose favor such refusal was made, the property the deceased is considered escheat.

According to the Civil Code of the Russian Federation, such property in the form of residential premises located on the territory of the Russian Federation passes by inheritance by law into the ownership of the municipality in which this residential premises is located, and if it is located in a subject of the Russian Federation - the federal city of Moscow or St. Petersburg, - the property of such a subject of the Russian Federation. This residential premises is included in the corresponding housing stock for social use. Other escheated property passes by inheritance according to law into the ownership of the Russian Federation ( Art. 1151 Civil Code of the Russian Federation).

The inheritance procedure in the Russian Federation, according to the law, has a certain order, violation of which can lead to loss of time and inherited property. To avoid this, we suggest you read this article, which presents necessary information for proper registration of inheritance.

In accordance with the norms of current legislation (Articles Chapter 61-65 of the Civil Code of the Russian Federation), inheritance in the Russian Federation is defined as the transfer of property, as well as the rights and obligations associated with it, of a deceased person to other persons (heirs). The inheritance passes to the heirs based on the conditions universal succession, which means that the inherited property is transferred unchanged - as a single whole at the same moment.

Types of inheritance

The Civil Code of the Russian Federation provides for two types of inheritance: by law and by will. In the first case, the property is inherited by the closest relatives of the deceased in the absence of a will; in the second, the heir can be any natural or legal entity, as well as the state. Each type of inheritance has its own characteristics; let’s consider the most significant of them.

Inheritance by law

3. The heirs are liable for the debts of the testator. In accordance with Art. 1175 of the Civil Code of the Russian Federation, each heir is liable for the debts of the testator within the limits of the value of the share transferred to him in the property by inheritance.

4. Escheatable property. If there is inherited property that for any reason cannot be inherited by law or by will (lack of heirs, refusal of inheritance, etc.), this property is recognized as escheat and transferred into ownership of the state, while real estate can be transferred owned by a city or municipality.