Who has the right to inherit in the first place

Russian legislation provides for the inheritance of the deceased take turns depending on proximity of kinship. But the inheritance on the principle of priority is possible only when the deceased left no will.

The heirs of the first stage

Civil code of the Russian Federation establishes the order in which relatives of the deceased can receive his inheritance. First heirs are entitled spouses and children. Grandchildren primary heirs, but only if there are no surviving parents. In such circumstances, it is considered the inheritance by right of representation.

If the deceased did not leave a will, the heirs of the first stage will divide all property of the testator in equal shares. For example, if a man died and he is survived by his mother, wife and three daughters, they inherit 1/5 share. However, each of the heirs can renounce their share, in this case, the estate of a deceased is divided among the remaining applicants of the first stage.

The spouse of the testator

As the heir of the first stage considered only the legitimate spouse of the deceased. People living in "civil marriage" (socialsteve), heirs of the first stage are not. For non-registered spouses were governed by the law of inheritance by law. To claim the inheritance the spouse of the deceased may, if drawn up and notarized will or he was dependent. There may be a number of problems, as it will have to prove that claiming the inheritance dependent was disabled and lived with the testator for at least a year.

The parents of the deceased

If parents outlive their children, they are heirs of the first stage. The right of inheritance is not cancelled if the marriage between mother and father was dissolved. In any case they have the same rights and obligations in relation to their children. The same rights and have the adoptive parents of the deceased. To claim the inheritance not can parents deprived of parental rights in court and not restored in these rights at the time of the testator's death.

Children of the testator

Do not call the children of the deceased to inherit only possible if there is recognition of their unworthy heirs. In other cases the rights of the closest relatives of the testator reserved the right to compulsory share of inheritance. This is only available for the heirs of the first stage. Minors, the disabled, the heirs or dependants will inherit 1/2 share of the property of the deceased, which they could get under the law.

Important detail – inheritance on the principle of priority is possible only in case if the deceased left no will. The estate of the testator can get any man he identified in the document.