What is inheritance and what does it include?
Inheritance – the transfer of property, rights and obligations of the testator (deceased) to heirs (relatives, relatives and other persons).
Individuals, legal entities and even the state can enter into the inheritance .
There are two bases of inheritance :
- without a will ( by law ): the property is inherited by the next of kin;
- by will : persons and even organizations specified in the document.
The composition of the inheritance includes all the property of the testator at the time of the opening of the inheritance – the day of death. An exception is the rights and obligations associated with a person, for example: compensation for harm and payment of alimony.
The successor of the deceased assumes debt obligations on the property that he accepts, but within the limits of the value.
Property and debts are a single whole , you can refuse debts only without accepting property.
If none of the successors by will or by law claims the property, it passes into state ownership . Such an inheritance is called escheat .
Escheat property is the property of the testator, which has not been inherited by anyone.
How to get an inheritance by will
First you need to make sure that the right to inherit is not lost . The successor may lose it both by law and by will if he is late (the deadline for entry is six months) or commits illegal acts against the testator or other heirs (for example, forges a will).
Inheritance can be obtained in two ways:
- obtain a certificate of inheritance : submit an application to the notary for acceptance of the inheritance;
- take actions indicating the acceptance of the inheritance : pay utility bills, clear the land, move into housing or live in it on the day of the testator’s death. The right to refuse the inheritance is preserved: you need to apply to the court with a statement establishing the fact of non-acceptance of the inheritance.
Step-by-step instruction
Step 1. Decide whether to accept an inheritance *: Consider debt obligations.
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Step 2. Valuate the Property : Hire a professional appraiser who will determine the value based on market value.
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Step 3. Within six months, submit to the notary an application for acceptance of the inheritance and other documents.
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Step 4. Pay the notary tax and state fee.
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Step 5. Re -register the property for yourself.
*When accepting real estate , it is important to remember that property is distributed equally within the queue. If the share of the minor turns out to be too large, the parents will have serious problems with the sale of such property. Treaties and agreements for a minor are signed by a legal representative , he has the right to waive the right to an inheritance or a gift.
Documents required for entry into the inheritance:
- death certificate;
- statement of acceptance of the inheritance;
- applicant’s passport;
- conclusion on property valuation;
- a document confirming the relationship, such as a birth certificate;
- a document confirming the testator’s right to real estate, for example, a certificate of state registration of rights or an extract from the USRN .
How to get an inheritance without a will
The scheme for obtaining an inheritance without a will is the same as with one . The difference is that without a will, heirs are determined by law on a first-come, first-served basis .
The order of succession is determined by the degree of relationship with the deceased. If the first queue refuses or is missing, the second can apply, and so on up to the eighth .
! Within each queue, the shares are distributed equally.
If the successor of the testator has died, the property inherited by him is divided among his children by the right of representation .
The right of representation is the inheritance of property by the children of the deceased heir.
Example
Eugene raised the children of his deceased son. After the death of the grandfather, the grandchildren equally inherited his property by the right of representation of their deceased father, the son of Eugene.
