Sample statement of claim to establish the fact of kinship, restore the term for accepting an inheritance, recognize property rights by inheritance - Lawyer in Samara and Moscow

To accept an inheritance, it is necessary to submit an application from the heir to accept the inheritance to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance. It is also possible to submit an application from the heir for the issuance of a certificate of the right to inheritance (Article 1153 of the Civil Code of the Russian Federation). An application to accept an inheritance must be submitted to a notary within 6 months from the date of death of the testator (Article 1154 of the Civil Code of the Russian Federation).

Is it possible to draw up an application from the heir to accept the inheritance on his own, without resorting to the services of a notary?
What mandatory information must the heir's application for acceptance of the inheritance contain?
Methods for submitting an application from an heir to accept an inheritance to a notary.
Sample application from an heir to accept an inheritance.

STATEMENT OF CLAIM for recognition as heir

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will). There are no heirs of other queues.

There were errors in the documents confirming my right to inheritance _________ (indicate which errors prevent the notary from registering the inheritance out of court).

The fact that I am _________ (degree of relationship) with the deceased _________ (full name of the deceased) is confirmed by _________ (list evidence confirming the existence of rights to inheritance), and in addition can be confirmed by the testimony of witnesses _________ (full name and address).

In accordance with Article 1155 of the Civil Code of the Russian Federation, if there are no heirs of the first, second and third orders, the right to inherit by law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders. Relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator - are called upon to inherit as fourth-degree heirs; as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (cousins and granddaughters) and siblings of his grandparents (great-grandparents); as heirs of the sixth degree, relatives of the fifth degree of kinship are the children of the testator’s cousins 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). If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Recognize me as an heir by law after the death of ________ (full name of the testator), who died “___”_________ ____

Petition:

I request the following to be summoned to court as witnesses: _________ (full name, full address).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property

Date of application “___”_________ ____ Signature of the plaintiff _______

Inheritance relations are relevant in legal practice. Many people search on the Internet for examples of statements of claim to inheritance court and do not know how to conduct a case correctly, without errors. Where to start the registration procedure or how to file a claim against inherited property if disputes arise between heirs? may be by the will of the testator or by law. In any case, registration is carried out in a notary’s office under the close attention of experienced lawyers.

Some issues that arise regarding the acceptance of an inheritance can only be resolved through court. You can do this yourself or with the help of consultants. But first you need to visit a notary who has special qualifications to handle cases of this kind. To help people registering an inheritance in Moscow, a program has been running since 2005 to simplify the procedure for entering into inheritance rights. It involves contacting any notary office to any notary. All notaries in the city of Moscow have the appropriate right to conduct cases of property inheritance.

Options for contacting a notary

Potential clients just need to choose one of 3 options:

apply orally to any office within the period of up to 6 months provided for by the Civil Code of the Russian Federation, and write a corresponding statement;
send the application in writing by registered mail;
contact an authorized person for help and issue a power of attorney.

Examples of statements can be viewed on a specialized website. In other regions of Russia, different rules apply. If the deadlines are met and the heir has no obstacles to receiving the inheritance, then the notary is authorized to issue a “Certificate of Right to Inheritance.”

It happens that entering into an inheritance becomes difficult; many people have to prove their right to the testator’s property through the court. This happens when, for some reason, the potential heir did not have time to accept the inheritance within the legal 6-month period. Then, in order to fully restore the deadline, the plaintiff must convincingly prove in court that the deadlines were violated for a good reason (long business trip, illness). In this case, a statement of claim is filed in court, and the legal process begins. If a judge decides to restore a person’s inheritance rights, then such a court decision is equivalent to a notarial “Certificate of the right to inheritance.”

The court will need more time to study the statement of claim than a notary to make an appropriate decision. Potential heirs should remember this. There are a number of requirements for drawing up a statement of claim.

If you need to confirm the legality of accepting an inheritance

At a notary's office, a lawyer may refuse to issue a certificate of inheritance to the heir due to the impossibility of accurately establishing this fact legally.
Then the applicant for the inheritance should file an application to the court and receive the inherited property with its help. In the same way, you can establish the legality of the grounds for receiving an inheritance and resolve the issue in the absence of information about the last place of residence of the testator. After the proceedings, the heir will receive a document from the court, which he will then provide to the notary to issue a certificate of inheritance. The plaintiff may not go to court at the place of registration of the testator, but write a statement in the department of the court where he lives . The legality of accepting an inheritance will need to be established in one of certain cases:

If it has legal significance. For example, the impact on the rights of close relatives of the testator.
If the proceedings are not of a property nature. Such a dispute is resolved through court and can take a long time, so the statement of claim should be drawn up as quickly as possible.

If you seek advice from a lawyer, it is advisable that he be the official representative of the heir in court, since he will be able to more accurately and competently draw up the attached documents for the proceedings.

Requirements for document preparation

such a document must be submitted in written or printed form, in A4 format;
it must not contain grammatical or spelling errors;
must be written in dry official language;
in the introductory part, in the upper right corner, you must indicate the full name of the court to which the statement of claim is being filed.

The right to inheritance is an important privilege of any legal society. In this regard, disagreements often arise between heirs, which are regulated in court. An example of this is the frequent disputes about the division of inheritance, the inclusion of additional property in the list, and the restoration of an expired inheritance period.

To resolve issues, you need to be able to write a statement correctly.

Some examples of statements of claim to the inheritance court are given below.

Most frequently requested forms

on recognition as an heir;
on recognition as an unworthy heir;
on the division of inherited property;
on declaring the will invalid;
about the hereditary mass.

Printed versions can be found by following the links.

Every day, the courts receive lawsuits from potential heirs of deceased relatives. Themis employees have to constantly listen to complaints about the delays in making decisions. Inheritance disputes involve a large amount of routine work, hence numerous delays in the conduct of affairs. Due to incompetence or ignorance, many claimants file information incorrectly. To make an objective decision, the judge will need a number of documents that will allow him to assess the situation in a legal framework and make a verdict.

Along with the statement of claim, the following must be submitted to the court:

death certificate of the testator;
heir's passport;
an extract from the testator's house register;
Marriage certificate;
ownership rights to an apartment or house, plot of land, cars, etc.

All documents listed above are photocopied and submitted in two copies - a photocopy and an original.

Conducting inheritance cases in the courts has always been a difficult task. Due to a certain mentality of our compatriots, things are delayed for many years. Court workers often have to deal with the elimination of legal illiteracy among the population. If you put aside your emotions and take a close look at the information on the stands and doors of notary offices and legal consultations, you can find a number of requirements, forms and other explanatory brochures necessary for the successful conduct of an inheritance case. It is simply necessary for a modern person to understand jurisprudence, just as it is necessary to be able to read, write or drive a car. You have to go to court for various reasons; it is always important to remember that filing claims or petitions must be done correctly.

Inheritance of property by law and by will sometimes have serious differences. This may cause a conflict between relatives, which only the court can resolve. Judicial intervention may also be required in cases where the deceased has no direct heirs, and a distant relative claims his rights to the property.

We will tell you in our article how to draw up a statement of claim for recognition of the right to inheritance, and what may prompt the filing of such a claim. Inheritance often becomes the cause of hostility and family troubles. A fair resolution of such situations should be sought in court.

Claim for recognition of property rights by inheritance

If circumstances related to receiving an inheritance are discovered after the notary has closed the inheritance case, or court proceedings last more than six months, the interested heir already files a lawsuit in court to recognize the right of ownership of the inherited property. There may be no dispute, for example, there is a single heir who missed the deadline for contacting the notary for some reason. If the court considers them respectful, it will make a positive decision.

Other examples of situations where you will need to file a lawsuit to recognize ownership rights:

when issuing the certificate, the notary did not know about the person who has the right to the obligatory share; such an heir can resolve the issue in court;
the testator submitted an application for privatization of the apartment, but did not manage to receive the contract;
the deceased acquired property under a purchase and sale agreement, but due to his death did not register his rights with Rosreestr;
to obtain ownership of shares in an apartment if the testator who entered into a shared construction agreement has died;
the heir actually accepted the inheritance, but did not apply to the notary to obtain a certificate, and therefore cannot register his rights in state registers.
the testator conscientiously and openly actually used the property for more than 15 years (had the right of acquisitive prescription).

Questions often arise related to the inheritance of garden houses and land plots received by the deceased before the introduction of the law on mandatory registration of real estate. A significant number of people did not register under the dacha amnesty. Heirs have the right to receive such property by inheritance if they present to the court documents proving that the deceased legally owned the property.

The reason for petition

Today, unfortunately, there are many elderly people who remain lonely in old age. In such cases, according to the law, distant relatives who are required to declare their rights to inheritance are considered heirs. However, vigilant notaries do not always agree to open an inheritance for this circle of people, and they have to defend their rights to inherit property through the courts.

In its pure form, a statement of claim for recognition of rights to inheritance is quite rare.

More often, the requirement for recognition of inheritance rights is found in statements of claim of those appealing a will. In such claims, the heirs, who have the legal right to receive the inheritance from the testator, appeal the inheritance rights of third parties whom the deceased considered worthy of the property. Accordingly, the duties of the plaintiff in such an application include not only presenting to the court evidence of the legal inheritance of property, but also providing evidence that the property cannot go to the defendant, who is indicated by the deceased in the will. Such claims have a complex structure, and in terms of their preparation, it is best to contact a competent lawyer who can trace the intricacies of the will and find a clue that will allow the legal heirs to defend their rights.

A statement of claim for recognition of rights to inheritance may also be accompanied by a demand for recognition of property rights. This is relevant in cases where the heir entered into legal inheritance, but could not find a certificate of ownership of the property, on the basis of which he could transfer the property to himself. The fact is that today the re-registration of property occurs on the basis of documents confirming that the property belonged to the deceased, in the order of ownership. Without confirmation of such a right, today it is possible to re-register real and movable property only through judicial proceedings.

A claim for recognition of the right to inheritance and, at the same time, recognition of the right of ownership is sent by the heirs in cases where the deceased indicated property in the will, but did not have time to prepare all the papers before his death, or in cases where the heir by law accepts partially registered real estate. In these claims, the evidence must include facts indicating that the testator bought, privatized or received specific property as a gift, as well as the rights of the heir who accepted the inheritance or claims it.

Thus, a statement of claim for recognition of the right to inheritance can be distinguished as an integral part of claims for inheritance.

Since the case usually does not end with recognition as an heir, we recommend that you contact a legal consultant who will study your case, help you draw up a claim, write a statement of claim, and can support your case in court. Only with competent and qualified support, you can be sure that your application will be accepted and considered, and the court’s decision will not disappoint you.

ASK:

Restore the deadline for acceptance of the inheritance by the Plaintiff - A.I.V., which opened after the death of the testator - S.A.M., who died on March 21, 2008, and recognize the Plaintiff as the legal heir to the property of the deceased - ½ share of the apartment located at: Moscow, Sevastopolsky Prospekt, 14, building 2, apt. 456.
Invalidate the previously issued certificate of the right to inheritance by law, issued on December 12, 20__ by notary O.E.V., for property in the form of ½ share of an apartment located at the address: Moscow, Sevastopolsky Prospect, 14 , building 2, apt. 456 behind S.V.S.
Recognize partially invalid the will dated November 23, 20__, S.V.S.
Recognize for the Plaintiff - A.I.V., the ownership of 1/6 of the share of the disputed apartment - Moscow, Sevastopolsky Prospekt, 14, building 2, apt. 456 in the order of inheritance by law.
Recognize the Defendant as S.M.N. ownership of a 5/6 share of the disputed apartment - Moscow, Sevastopolsky Prospekt, 14, building 2, apt. 456 in the order of inheritance by will.

Please notify the legal bureau “Moscow Legal” of the date and time of the court hearing, Moscow, st. Maroseyka, 2/15,

Applications:

A copy of the application to clarify the claims (3 copies);
Extract from the Unified State Register of Legal Entities (7 pages) ()

Representative of the Plaintiff by proxy _______________________/Khoruzhenko A.S./ 02/10/20__

Composition of the application

Since the statement of claim for recognition of rights to inheritance is primarily about who should own the property of the deceased, the plaintiff will be required to provide all possible evidence to allow the court to make a decision according to which he can get what he wants. Like any statement of claim, a claim for recognition as an heir will have to contain reasonable demands on the court, based on legislative acts and other documents.

The grounds for claims for recognition of rights to inheritance most often are articles of the Family, Housing, and Civil Codes. It will be necessary to study the legal grounds and comments on them in order to draw up the most competent and reasonable appeal to the court. You can save yourself from such a need to draw up a statement of claim for recognition of rights to inherited property and determine what requirements can be supplemented with your claim.

The requirement for recognition of inheritance rights must be accompanied by documents that may serve as legal grounds. If the plaintiff is a distant relative of the deceased, and the testator has no direct heirs, it will be necessary to provide the court with reliable data confirming the relationship. These can be documents that allow you to trace the genealogical connection, all possible extracts from archival documents, data from the deceased’s previous places of residence, etc. Of course, the composition of the evidence base is strictly individual for each case, and the most complete information about the composition of the base can only be found by reading the specific case.

Info

A statement of claim for recognition of rights to inheritance, in cases where distant relatives are involved, is often filed due to missing the deadline for accepting the inheritance. This is not at all surprising, because within six months it is sometimes not possible to identify all persons entitled to inherit property. Then you should be guided by Article 1155 of the Civil Code of the Russian Federation, which clearly indicates that an heir who had grounds for missing the deadline can be recognized as having accepted the inheritance with all that it implies, by a court decision. This article is accompanied by links to some other articles of the Civil Code of the Russian Federation, on the basis of which the transfer of property rights will be carried out.

Application Form

The statement of claim for recognition of the right to inheritance is drawn up according to the following structure:

header
: Name and address of the court. Typically, such cases are dealt with by the court at the place of residence of the testator, or at the place where the inheritance was opened;
Plaintiff's details: full name, registration address, contact details;
Defendant's details: full name, registration address, contact details of the person who accepted the inheritance or the organization to which the property was transferred due to the absence of heirs;
The data of interested and third parties, as well as the legal representative, if such a circle was involved in drawing up the claim, must be indicated here;

title
: “Statement of claim for recognition as heir”;

In body
The document must contain the following information:

In the descriptive part of the application, it is worth indicating all the circumstances associated with the opening of the inheritance, as well as the circumstances in which the heir was notified of the opening of the inheritance. Here it is worth referring to copies of the death certificate and documents confirming the plaintiff’s rights of inheritance;

It is also worth giving a description of the property here if the requirements also refer to the recognition of ownership rights of the heir. The property claimed by the plaintiff must be described as specifically as possible, so that the court has the most complete understanding of the circumstances of the case;

The grounds that allow the plaintiff to make demands against the defendant through the court must be indicated in full as part of the statement of claim. Otherwise, the application may be left without progress, and the heir will not be able to receive what is due to him by law.

As part of the petition, it is worth making demands for recognition as an heir, and for carrying out all legal procedures associated with this legal basis. That is, if the inheritance, for example, was divided in a shared mode, then the applicant has the right to demand a redistribution of the inheritance, etc.;

It is worth listing the documentation attached to the application, which must include: A copy of the death certificate of the testator;

Copies of the statement of claim by the number of parties to the proceedings;

Documents confirming inheritance rights;

Documents on inherited property;

A receipt for payment of the fee, which is paid according to the amount of the claim, if the application is of a property nature;

Date of filing the claim;

Applicant's signature with transcript;

When going to court with a claim for inheritance, it is worth obtaining the support of a competent specialist in the legal field on inheritance issues, because such claims usually cause dissatisfaction among those who have already entered into inheritance rights, which may prompt the defendant to file a counterclaim. You can clearly defend your rights legally only with the support of an experienced lawyer who has faced similar problems more than once.

Sample

In ___________________________ (name of the court) Plaintiff: _______________________ (full name, address) Defendant: ____________________ (full name, address) Cost of claim: ____________________ (full amount of claims)

Statement of claim for recognition as heir

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

There were errors in the documents confirming my right to inheritance _________ (indicate which errors prevent the notary from registering the inheritance out of court).

Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

Recognize me as an heir by law after the death of ________ (full name of the testator), who died “___”_________ ____

Petition:

I request the following to be summoned to court as witnesses: _________ (full name, full address).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Death certificate of the testator
Documents confirming the right of inheritance
Documents confirming the existence of inherited property

Date of application “___”_________ ____ Signature of the plaintiff _______

Criminal lawyer. Experience in this direction since 2006.

In order to recognize an heir as unworthy and exclude him from inheritance, an interested person (or group of persons) must file a claim with the court. Taking into account the requirements of current legislation and judicial practice in this category of cases, we have prepared a sample statement of claim to declare an heir unworthy.

We present to your attention a sample statement of claim to declare an heir unworthy and to exclude him from inheritance, as well as a list of documents that must be submitted to the court along with the statement of claim.

Methods for submitting an application from an heir to accept an inheritance to a notary.

1. Directly to the notary at the place of opening of the inheritance during a personal visit. As I indicated above, the application can be drawn up by the heir himself in the presence of a notary. If necessary, the notary provides assistance in drawing up the text of the application and only in accordance with the expressed will of the heir.

2. Sending the application to the notary at the place of opening of the inheritance by mail. If the heir's application is sent to a notary by mail, the authenticity of the heir's signature on the application must be certified by any notary or official authorized to perform notarial acts (for example, an official of local government), or a person authorized to certify powers of attorney in accordance with paragraph 3 of Article 185.1 of the Civil Code RF.

When sending an application by mail, it is considered submitted within the period established for acceptance of the inheritance if it is submitted to the postal operator before the expiration of the established period, that is, dated before the last day of the period, inclusive. If the notary at the place of opening of the inheritance received the specified application from the heir after the expiration of the period established for accepting the inheritance, then the deadline for the heir to accept the inheritance is not considered missed.

3. Transfer of the application to the notary by another person. At the request of the heir, his application for acceptance of the inheritance may be submitted to the notary at the place where the inheritance was opened by another person. In this case, the authenticity of the heir's signature must also be certified by any notary or authorized person. To transfer such a statement from the heir to the notary, special authority is not required.

4. Representative of the heir. An application for acceptance of an inheritance may be submitted to a notary by a representative of the heir. Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance.

The heir's representative, as well as the heir himself, has the right to submit an application for acceptance of the inheritance by transferring the application through another person or sending it by mail. The signature of the heir's representative on the said application in this case must also be certified by a notary or other authorized person. It is also necessary to attach a document confirming the authority of the heir’s representative to submit an application for acceptance of the inheritance.

If an application for acceptance of the inheritance sent by the heir's representative by mail was received by the notary at the place of opening of the inheritance without a document certifying the authority of the heir's representative to accept the inheritance, such a document must be presented to the notary subsequently.

Cases of going to court

In general, the right to inheritance is formalized by obtaining the appropriate document from a notary's office; you need to go to court in the following cases:

disputes with relatives about inheritance;
missing the date of inheritance;
the need to approve rights to the actually accepted property;
disagreements regarding the contents of the will and its legality;
loss of documents on relationship with the deceased;
failure by the testator to complete the privatization process.

Disputes with relatives may arise if there is a will, the contents of which violate the rights of a number of persons to the share due to them, according to Art. 1149 of the Civil Code of the Russian Federation, as well as when declaring rights to the inheritance of the deceased by his dependents who are not relatives.

The procedure for registering an inheritance in court is as follows:

actions for pre-trial settlement;
determination of the type of claim;
collection of necessary documents;
drawing up a statement of claim;
going to court;
appeal to a notary following a court decision;
entry into inheritance.

Pre-trial settlement consists of attempts to resolve disputes with other claimants to the inheritance peacefully. The court accepts applications in enforcement cases only if there is evidence of pre-trial procedures.

Such evidence may include written requests from the plaintiff to other heirs, receipts from law firms, testimony of witnesses, and others.

There are three main types of inheritance claims:

establishment;
executive;
mixed.

The purpose of establishing claims is for the court to recognize the applicant’s right to inheritance, for example, when the date of inheritance is missed or documents on relationship with the testator are lost. Such claims do not require the presence of defendants.

If the reason for filing an application is a dispute between legal and testamentary heirs, then the claim is executory; the essence of the requirements to the court is to distribute in one way or another the shares of the property of the deceased between the plaintiff and the defendant.

In a mixed claim, it is necessary to simultaneously establish the plaintiff’s right to receive the inheritance and challenge the due share of the other heirs. An example would be a request to the court: to establish the right to inheritance as a dependent of the deceased and to award the appropriate share on an equal basis with the heirs of the current queue.

When answering the question of what documents are needed to file an application, you should take into account the type of claim and the category of the plaintiff. Basic list of documents for going to court:

a copy of the applicant's passport;
death certificate;
a document from the place of last residence of the deceased;
a certificate from the registry office about the relationship of the plaintiff with the deceased;
documentation of the deceased's real estate.

Depending on the circumstances of the claim, additional documents may be required. For example, when asking to establish the right to the property of a deceased person due to missing the six-month deadline for entry for valid reasons, you must attach evidence of the following reasons: certificate of illness or stay in a closed institution.

When filing a claim to establish rights to an actually accepted inheritance, documents must be attached to the application proving the acceptance and responsible ownership of the property of the deceased:

property tax receipts;
utility bill receipts;
copies of contracts with contractors on repair work;
estimates from contractors.

When filing a claim for recognition of a dependent’s right to the property of his deceased breadwinner, he must attach to the application a certificate from the bank confirming money transfers from the deceased to the plaintiff.

In what cases is the issue resolved through court?

In practice, many situations arise when heirs are forced to file a claim for recognition of ownership of the property due. Issues resolved by way of claim proceedings:

the heir missed the deadline for contacting the notary, but actually accepted the inheritance;
the rights to an obligatory share in the presence of a will are disputed;
the deceased citizen submitted an application for privatization of the apartment, but did not have time to complete the documents;
after the legal successors received the inheritance, a will was unexpectedly found;
the meaning of the will is ambiguous, or its validity is disputed.

In special proceedings, when there is no dispute about the law, legal facts are established. For example, in the documents presented to the notary on property rights, the purchase and sale agreement and the extract from the Unified State Register of Real Estate, there are discrepancies: the surname of the testator, the area of the apartment or land plot are incorrectly indicated. There is a need to prove that the property belongs to the deceased person, or to make the necessary changes to the registers.

Important! If there are no documents clearly proving the rights of the deceased citizen to the property, interested heirs can apply to the court with a demand to include the disputed property in the inheritance. If the proceedings are not completed within six months or this period is missed for other reasons, a claim should be filed for recognition of property rights by inheritance.

Drawing up an application

The application is submitted to the court of general jurisdiction at the last place of residence of the deceased. The statement of claim consists of three parts:

introductory
descriptive,
pleading.

In the introductory part, the plaintiff indicates his personal data, as well as the data of the testator, and provides information about the disputed inheritance. If the appeal occurs with the aim of recognizing the right to actually inherited real estate, then its main characteristics must be given:

cadastral number;
area of land or living space of an apartment;
real estate parameters;
location address.

You also need to provide information about the type of right under which the deceased owned the specified real estate - property, inherited possession or the right of perpetual use.

The descriptive part provides the grounds for filing a claim and the circumstances that arose in connection with this. It also provides extracts from legislative norms and acts according to which the plaintiff claims the inheritance, as well as evidence of the circumstances of the claim and information about the pre-trial process.

In the pleading part, the plaintiff presents his demands to the defendants and requests to the court, indicating the price of the claim (in case of compensation for damage from the actions of the defendants), as well as the percentage of the property of the deceased that the plaintiff claims.

When considering a claim, the court takes into account all the circumstances of the claim, including the relationship between the disputing parties, the testimony of witnesses and the circumstances of the death of the testator, especially when considering claims to declare one of the applicants unworthy of the inheritance.

If the claim contains a request to recognize the right to the non-privatized property of the deceased, then the court in most cases rules that the privatization was not completed due to the death of the testator and awards the right to inheritance to the plaintiff.

If the date of inheritance is missed, the court evaluates the reasons stated by the plaintiff and evidence of their reality.

In disputes between relatives and dependents of the testator, the court evaluates not only the rights of such persons to property under the law, but also the personal financial circumstances of the plaintiffs and defendants.

For example, if the plaintiff demands recognition of the right to part of the living space of the deceased due to the share due by law, and the defendant, being a dependent, uses this living space for living, then the court does not satisfy such a requirement, taking into account the lack of other housing for the dependent.

A court decision to leave the deceased’s apartment to his disabled dependents is possible even if the cost of such housing exceeds the obligatory share of such a dependent.

The cost of filing a claim consists of the amount of court and notary fees, as well as the costs of legal support of the process.

The fee for a standard claim is 300 rubles for individuals, and costs for lawyers can vary from 4,000 to 90,000 rubles, depending on the complexity of the process, the estimated value of the property of the deceased and the region of the appeal to the court.

The notary fee is calculated as a percentage of the value of the property and is:

0.3%, but not more than 100 thousand rubles - for heirs of the 1st stage, as well as brothers and sisters of the deceased;
0.6%, but not more than 1 million rubles - for all others.

It is important to take into account that if there are several recognized heirs, each of them pays the fee calculated according to their share independently (clause 1 of Article 333.25 of the Tax Code of the Russian Federation).