Inheritance by will, by definition, implies that the sets of heirs of the testator. If there is none, the heirs at law are considered related persons who can enter into the inheritance without probate.
Among the heirs of that first can claim the inheritance as children (including those adopted or born after the death left the legacy of a man). Also to such heirs are the spouse of the deceased and his or her parents or adoptive parents. All these persons are entitled to equal shares of the estate of the deceased.
Among the heirs claiming the inheritance in the second place, are sisters, brothers, and grandparents. They also have equal right to inherit, but to accept the inheritance only in case when none of the heir of the first stage is not found or if they refused the inheritance.
To enter into the inheritance without a will, the heir shall not later than six months have passed since the establishment of the fact of death left the legacy of a person to file a Declaration of intent to accept the inheritance to the notary's office. In the absence of such a document it is considered to be refused from the inheritance, and his inheritance is divided between the remaining heirs.
However, the deadline for the submission of such Declaration may be renewed in court, if the reason the application was not filed in time, is found by a court respectful.
The heir may not take his share of the inheritance. The cancellation can be made in favor of other inheriting entities, or the state. Cancellation of such refusal is not provided by law.
Disputes over the division of property of a deceased person are resolved by the judicial bodies that make decisions on the basis of existing provisions of the law.
If the notary is unknown, contact the local notarial chamber, where staff will check for wills for all notaries. Write a notary statement about the desire to enter into the inheritance or to refuse it. To enter into the inheritance or to refuse it, you can only fully. For example, you inherit 1/2 of the apartment and 1/2 of a country house.
How to join the legacy. Inheritance means a transition after the death of a person of his property rights and obligations to other persons, the scope of which is defined by the will or by law. The deadline for entry into the inheritance is 6 months from the date of the testator's death. To accept the inheritance and possibly after the expiration of 6 months, however, this procedure is much more complicated than accession to an estate in the time prescribed by law.
Advice 2 : How to join in inheritance without a will
If the deceased did not leave a will, the inheritance law can come under the law (article 1111 of the civil code). To get right to the inheritance, they should be declared. For this we turn to the notary at the place of residence of the testator or at the location of the main part of the hereditary mass.
You will need
- - your documents;
- - documents of the testator;
- - documents for the property;
- - an inventory of the property;
- - the death certificate.
For notification of their rights to inheritance, contact the notary office. Present your passport and proof of kinship with the deceased, a death certificate, an extract from the house register from the place of residence of the deceased, inventory of estates, documents of title to the abandoned property.
If some documents are lost or you do not, the notary is obliged to make inquiries in the right organization and support you in obtaining the necessary documents for acceptance of the inheritance.
About their rights to Express personally through a notary or trusted individuals to send documents by postal mail with the investment inventory. Deadline for acceptance of inheritance is 6 months, so you will need to claim their rights at a specified time. If you failed, you are deemed missing. To restore them you have to go to court and present the package is compelling evidence that the missing dates is valid. For example, if you were on a long business trip, did not know about the death of the testator, were sick or were in prison, it is considered a valid reason for recovery time.
If the inheritance was divided among the other heirs, you have the right to demand their share in cash.
If the deceased acquired the property in a registered marriage, then the spouse is entitled to 50% of the total assets. To the estate will include only the share owned by the testator.
If by the date of registration and section of inheritance of all the heirs, conceived during the lifetime of the testator, came into the world, then you will receive a certificate of inheritance the share of the hereditary mass.
If you are unable to voluntarily divide the property, then the certificate of inheritance you will receive only after the division of property in a judicial order, having the order of the court.