You will need
- - passport;
- - the document confirming relationship with the deceased;
- - a will;
- - documents confirming the reason for non-acceptance of the inheritance.
Before making a claim, consider how you will justify the omission of the termassigned to the entry in the rights of inheritance. Perhaps you have had this for a good reason. For example, you could be in the hospital or on strict bed rest at home, to stay in long business trip or stay in prison.
Collect the documents explaining the reasons for missing the opening of the hereditary cases. A certificate of exemption, a business trip certificate, receipts and discharge from hotels, tickets, a certificate from the hospital – all these papers will help you win a court case. Remove copies of documents and attach them to the suit.
Keep in mind that the lack of notification of the death of the testator, lack of money to arrival to the city where you want to open the inheritance, bad relationships with others, valid reasons don't count. If in doubt, will the court your explanation, enlist the support of a lawyer.
Make sure that the intended amount of inheritance is worth fighting for. Note that you will not be able to deprive the compulsory share of disabled spouses, minor children and elderly parents of the deceased. Check is on the legacy of encumbrance in the form of debt. Sometimes, after an analysis of the property to future heirs refuse to join the law and, especially, to defend them in court.
If you do decide to sue, ask him motivated. You may request to restore the missed deadline and to specify the reason of this pass. However, if after the death of the testator you use his stuff, his live in privatized apartment or have a power of attorney on the car, it makes sense to change the wording in the lawsuit. Demand to recognize the legitimacy of your rights to the inheritance, which you entered actually. Usually such requirements, the court is satisfied, especially if there were no other applicants. Attach to the claim copies of the documents, payment slips, letters of attorney, certificates.
Making a claim, give it to a foster district court personally or send them by mail. To a claim and attach copies of documents confirming your rights. If you are planning to enlist the support of a lawyer, gave his name, notarized power of attorney to represent your interests in court.
After about a month and a half you will receive a summons indicating the time of the hearing on your case. Going to the process, grab the documents you have attached to the claim. If you have a new important paper that may influence the decision of the court, inform your lawyer. They can attach to the case, however, with the new facts the judge will reschedule the meeting.
If the judge decides in your favor, will get the office an extract from the decision of the court. With her own passport contact the notary's office where you made the will or at the place of residence. The notary opens hereditary case and get the paperwork proving your rights to the property of the deceased.