Actual acceptance of inheritance by law and will

In what cases is inheritance formalized through court?

The law provides for circumstances that preclude entering into an inheritance when applying to a notary. Judicial procedure is provided for the following categories of cases:

• restoration of deadlines for accepting inheritance;
• actual acceptance of inheritance;
• inclusion of property in the inheritance mass;
• contesting a will;
• presence of disputes with other heirs;
• recognition of the heir as unworthy;
• establishing the fact of dependency;

This list is not exhaustive. The emergence of any controversial situations that could affect the outcome of the inheritance case is resolved through the court in the form of a claim or special proceeding. For example, when determining the marital share. In the event of the death of one of the spouses, the allocation of a share from the jointly acquired property is required to exclude it from the inheritance mass.

Let us consider the features of each basis for entering into inheritance through the court.

Inheritance services

In the __________________________ city court of the ________________________________ region Address: __________________________________ Plaintiff: __________________________________ Address: __________________________________ Interested parties: __________________ ________________________________________ ________________________________________ Price of the claim: ______________________________

STATEMENT OF CLAIM for the actual acceptance of the inheritance and recognition of the ownership right to the actually accepted inheritance

“___” died on _____________ year _______________________ (full name of the testator). Due to the fact that the deceased had no close relatives, and I, in turn, being his neighbor in the countryside, provided the deceased with the maximum possible moral and material assistance for me during his lifetime, they decided that he would bequeath everything, the property he has to me, ___________________________.

“___” __________ year _________________ (full name of the testator) contacted the notary of the _________ notarial district of the _________ region of ______________, whose will was drawn up and signed. In accordance with the said will, _____________________ (full name of the testator) bequeaths to me, ________________________ all his property, which by the day of death turns out to belong to him, whatever it may be and wherever it is located.

After the death of ___________, inherited property remained, namely, a plot of land with a house located at the address: __________________________________________. The total area of ​​the land plot is ____ sq. m., cadastral number _____________.

I took upon myself all expenses associated with the burial of _____________________ (full name of the testator).

I, as a person who does not have a legal education, was not aware of the time frame within which it is necessary to contact a notary to open an inheritance case and enter into inheritance rights. All I knew was that until the expiration of 6 months from the death of the testator, I cannot dispose of the property bequeathed to me. Due to legal illiteracy, this fact was interpreted by me, as it turned out later, incorrectly. I mistakenly believed that I should contact a notary immediately after the expiration of the 6 month period. When I turned to the notary with an application for issuing a certificate of inheritance rights, I was informed that I had missed the deadline provided for by the legislation of the Russian Federation for entering into inheritance rights. Despite the fact that I did not contact the notary within the period established by law, I took actions indicating the actual acceptance of the inheritance after the death of _____________________ (full name of the testator).

So, my family members and I take care of the land plot and the house located on it that belonged to the deceased, which is confirmed by the photographs offered with the statement of claim. We pay electricity bills (copies of payment documents are attached).

In accordance with paragraph 2 of Art. 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 the inherited property; • took measures to preserve the inherited property, protect it from encroachments or claims of third parties; • incurred expenses for the maintenance of the inherited property at his own expense; • paid the testator's debts at his own expense or received funds due to the testator from third parties.

According to paragraph 2 of Art. 1152 of the Civil Code of the Russian Federation: when an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir can accept the inheritance due to him on one of these grounds, on several of them or for all reasons.

Based on Art. 264 of the Code of Civil Procedure of the Russian Federation, the court can establish the fact of acceptance of the inheritance. In accordance with Art. 218 of the Civil Code of the Russian Federation, in the event of the death of a citizen, the right of ownership of the property belonging to him passes by inheritance to other persons in accordance with a will or law.

Based on the above, guided by Art. 218, 1152, 1153 Civil Code of the Russian Federation and Art. 264 Code of Civil Procedure of the Russian Federation:

I ASK: 1. Recognize me, ________________________, as having actually accepted the inheritance after the death of ____________________ (full name of the testator); 2. Recognize my ownership of the inherited property, namely a plot of land with a house located at the address: ______________________. The total area of ​​the land plot is ____ sq. m., cadastral number _________. APPENDICES: 1. Copies of the statement of claim by number of parties. 2. A copy of the will. 3. A copy of the death certificate. 4. A copy of the certificate of state registration of the right. 5. A copy of the receipt for payment of electricity. 6. A copy of the payment order for electricity payment. 7. Photos of the land and the house. 8. Receipt for payment of state duty. 9. Copy of the power of attorney.

"______"___________________ G.

In such cases, the law requires the establishment of a legal fact in court.

During his lifetime, the testator could begin the process of registering property as a property, but not have time to complete this process. For example, an application for privatization of a residential premises was submitted, but at the time of death, ownership had not yet arisen. This situation is the basis for filing a lawsuit to include property in the inheritance mass.

The same judicial procedure can take place when inheriting property that is in common joint ownership, that is, without allocating shares.

Presence of disputes with other heirs

In the absence of a will, the property of the deceased is inherited in equal shares by the heirs of the first priority. In their absence, the right arises in the subject of the second stage, then the third, and so on.

Sometimes disputes arise over the status of the entity, or over the specifics of determining shares - all these are grounds for initiating legal proceedings. An example of this type of dispute: a father and son die in a car accident. Each of them has their own but overlapping circle of heirs with the corresponding queue status. Such an incident will most likely require judicial resolution.

Recognition of the heir as unworthy

Declaring an heir unworthy is a rare case in judicial practice. However, when such a judicial procedure is initiated, it is impossible to enter into inheritance in the general manner.

The basis for filing a lawsuit cannot be an everyday assessment of a person (he was in a bad relationship, did not help, led an immoral lifestyle). The circumstances for recognition as unworthy are normatively established. This includes deprivation of parental rights in relation to the deceased, an attempt on his life, health, failure to comply with the will of the testator, etc.

How to challenge the actual acceptance of an inheritance?

You can state your objections to the actual acceptance of an inheritance by one person or another within the framework of a case to establish the fact of acceptance of an inheritance; in this case, the court will leave the application without consideration, and the person (plaintiff) will be able to file a claim in court.

As part of the consideration of the claim, the objector must refute the plaintiff’s arguments about the actual acceptance of the inheritance. For example, if the plaintiff claims that he used the inherited property, thereby accepting the inheritance, in this case the defendant must prove that the plaintiff did not use the inherited property, including through testimony. Or maybe the plaintiff was abroad altogether; in this case, you need to provide the relevant supporting documents or apply to the court with a petition to send the necessary requests to obtain information.

Establishing the fact of dependency

Even if in the will the deceased did not indicate the person who was his dependent during his lifetime, the dependent retains the right to a share in the inheritance. In this case, the fact of dependency is established through the court. The applicant must certify that the decedent supported the person during the year preceding the death.

The procedure for entering into an inheritance through the court differs from the usual notarial form. A disputed fact is established in the course of a claim or special proceeding. The applicant (plaintiff) must submit an application to the court, attaching documents substantiating his demands.

Let's consider the key nuances of registering an inheritance in court:

How much does it cost to enter into an inheritance through court?

When submitting documents to the court, you must pay a state fee. The amount of state duty is legally fixed for different categories of cases. For applications of an intangible nature, the minimum amount is set at 300 rubles.

For claims related to property, the amount of the state duty depends on the value of the property.

Thus, legal costs will amount to 300 rubles when restoring the missed deadline, recognizing the fact of kinship, challenging the will and determining shares. In a case of actual acceptance of an inheritance, the amount is calculated based on the value of the property - 300 rubles plus a percentage of the claim price (from 1 to 4 percent). The exact amount can be calculated based on the standards of the Tax Code of the Russian Federation.

If there are circumstances that make it difficult to pay the state duty, you can apply to the court for an exemption from paying the state duty or for a deferment. The application must be accompanied by documents justifying the difficult financial situation.

In which court should I file an inheritance claim?

If the question arises about which court to apply for inheritance, you should be guided by the general rules of territorial jurisdiction.

According to the requirements of procedural legislation, the application is submitted at the location of the defendant. So, if there is a dispute with other heirs, the documents should be sent to the judicial authority at the place of residence of one of them.

When establishing facts of legal significance, it is possible to apply to the applicant’s location. For example, if you need to confirm your relationship.

Property disputes are usually considered at the location of the property or at the place of residence of the deceased person.

Territorial jurisdiction may be changed at the request of the parties if there are good reasons.

Documentation

The mere fact of going to court does not guarantee a positive outcome of the case. It is necessary that the application be competently drawn up, and the requirements set out in it be supported by evidence. Prepare documents for accepting the inheritance in court and send them to the court.

If it is impossible to obtain supporting documents, you can petition the court to obtain them.

For example, a medical institution may refuse to issue an applicant with certificates and medical records confirming the testator’s diagnosis. At the request of the court, any institution is obliged to provide all necessary extracts and certificates.

How to register an inheritance by court decision

Once the court has recognized the necessary facts, the final stage of the process begins. There are three steps left to complete:

• obtaining a copy of the court decision;
• entry into force of the decision (30 days after its adoption);
• sending the decision that has entered into legal force to the notary body.

Based on the decision received, the notary issues a certificate of inheritance - a title document confirming ownership.

Frequently asked questions related to inheritance through the court: answers from a lawyer

Each situation is unique, so questions often arise that require specialist advice. Let's look at a few common questions that citizens turn to professionals with.

Can property be divided between heirs of different orders (for example, wife and grandmother, daughter and sister)?

The testator can dispose of the property at his own discretion, indicating this in the will. In this case, the legal turn will not matter: it can divide the property between any persons or leave everything to one. When inheriting by law, this situation is excluded. If there is at least one heir of the first stage. It takes precedence over all subsequent ones.

Is the legal procedure for inheritance by law and by will different?

No, it's no different.

Is it possible to challenge a will if the deceased appointed an outsider as heir without including the first-order heirs - children and spouse?

No you can not. The testator has the full right to dispose of his own property, including bequeathing it at his own discretion. Here you should pay attention to only two points. If among those excluded from the will there are minor children who were dependents of the deceased, they have their share no matter what.

As for the spouse of the deceased, half of the jointly acquired property is her/his property and is not included in the estate.

Establishing the fact of acceptance of inheritance

In order for the inheritance to pass to the heir, it is necessary for the heir to perform legally significant actions to accept the inheritance within six months from the date of opening of the inheritance (clause 1 of Article 1152, clause 1 of Article 1154 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation (Article 1153 of the Civil Code of the Russian Federation) provides for two ways to accept an inheritance:

• by submitting an application to a notary for entry into the inheritance - according to the method of opening the inheritance, the heir submits either an application for acceptance of the inheritance or an application for the issuance of a certificate of the right to inheritance;
• actual entry into the inheritance - during the period of opening the inheritance, the heir must take actions confirming the actual entry into the inheritance. The nature of these actions must indicate the intention of the heir to enter into the inheritance.

The fact of acceptance of the inheritance is established in accordance with Art. 1153 of the Civil Code of the Russian Federation and clause 37 of the Methodological Recommendations, approved. By the Board of the FNP on February 28, 2006, if the heir:

• took possession or management of inherited property: living in an apartment, house owned by the testator;
• moving into the living quarters of the testator after his death;
• use of any things that belonged to the testator, including his personal belongings, etc.