Advice 1: How to join the legacy grandson

Grandson could inherit the estate of the testator under the will or by right of representation (article 1142 of the civil code). To get the inheritance, you must contact a notary at the last place of residence or at the location of the main part of the property, in writing, to claim their rights and to submit a package of documents to open a probate.
How to join the legacy grandson
You will need
  • - your passport;
  • - notary statement;
  • - documents of the testator;
  • - documents for the property;
  • - the documents confirming the degree of kinship.
Instruction
1
If you are the testator's grandson, you have the right to inheritance by right of representation. This means that you have a right to all or part of the hereditary share in case, if you are a child of the principal heir or heirs. That is, if your father or mother were the heirs of the first stage, but they died along with the testator after the testator or at the time when the certificate of inheritance has not yet been received, but law was declared.
2
In this case you need writing to Express their rights, to present documents on the property and the documents confirming degree of relationship with the testator. Also you need to present a certificate of death of the primary heir, which you'll be introduced to inheritance. If any documents you are missing, the notary will make the queries in all the right institutions to help you engage in your rights.
3
Division of inheritance will be made among all the heirs of the first stage and you. Your share will amount to exactly the part that you would receive your deceased mother or father. For example, the testator had two sons and a wife. The wife inherits half of the property, the other half is divided among the sons equally. If one son of the testator was your father and died before partition of the inheritance that you will inherit it. If the two grandchildren, each will inherit part of their father equally, so the inheritance is divided as if you were already issued in the property of the estate of his father.
4
Similarly, enter into the inheritance grandchildren other queues heirs. If there is no heir each subsequent stage, but there are his children, they have the right to inherit on a par with all that are in the queue heirs.
Note
All disputes between the heirs are resolved by the arbitration court.

Advice 2: How to enter into the inheritance without a will

In the case of a man's death his property passed to the persons who according to the will or law are considered to be heirs. The law clearly defines the circle of such persons. If none, the estate of a deceased goes to the state.
How to enter into the inheritance without a will
Instruction
1
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.
2
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.
3
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.
4
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.
5
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.
6
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.
7
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.
Note
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.
Useful advice
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 3: How to join in inheritance after his father's death

Since the death of a citizen occurs hereditary relationship. First and foremost, all property shall go to the children, spouse and parents of the testator. Legitimate candidates can get the inheritance after his father's death only after the opening of probate, regardless of the time of its actual decision.
How to join in inheritance after his father's death
Instruction
1
The opening of the inheritance is made at the place of permanent or primary residence of the deceased citizen. The fact of such residence is confirmed by presented to the notary public documents issued by the registration bodies. If the place of residence or the place of registration of the testator is unknown, the inheritance shall be opened at the location of the inherited property.
2
In contrast to the persons who by law are in any event entitled to a compulsory share of inheritance, the citizens recognized by court unworthy heirs will not be able to accept the inheritance after the parent's death.
3
In order to begin the procedure of succession, you need to get your hands on a death certificate of the citizen. The document is issued by the authority of civil state or territorial local authority if there is no Registrar.
4
Further, the citizen who has the right to inheritance acquisition, where appropriate, should issue a statement of acceptance of the inheritance or the statement for issue of a certificate of inheritance. Any of these statements be submitted to the notary public or official authorized to issue a certificate of inheritance at the place of opening the inheritance. The application can be submitted personally, through another person (e.g., messenger) or send by mail.
5
If in the submitted statement signed by the person wishing to enter into the inheritance, the notary is not certified, it is considered that the period for acceptance of inheritance is not skipped, but the inheritance is accepted. However, the certificate of inheritance for this statement is not issued.
6
The heir may exercise their right of inheritance without recourse to a notary or other authorized official. In this case, he should actually accept the inheritance. Such acceptance is expressed, for example, if the heir has made at his own expense the costs of the inherited property or has paid at his own expense debts of the deceased. But in a subsequent case the court will have to prove that he committed actions demonstrated his will to become the successor of the testator.
Note
When applying for acceptance of the inheritance or the statement for issue of the certificate of inheritance, the inheritance shall be recognised as adopted, because in that and in other case expressed will of a citizen to become a legal successor of the testator.
Useful advice
Statement of acceptance of the inheritance or the issue of a certificate of inheritance has the right to the representative, authority on which the succession specifically provided in the authorization issued by the heir.

Advice 4: The best way to handle inheritance

When one of the elderly relatives or you wish to leave an inheritance for their children or relatives, the question arises, how best to proceed – execute deed or a will? Each of these options has its advantages and disadvantages.

The best way to handle inheritance
Instruction
1
Pay attention to the conditions and subtleties of each version of the design is inherited property. For example, it will become the property of the heir only after the death of the relative of the deceased, who shall have the right to rewrite or cancel your decision at any time. Because by law he does not lose ownership rights bequeathed the apartment, house or other property. Unlike a will, deed of gift is prepared only once and is not retroactive. The deed of gift transfer of property ownership takes place immediately after registration of the transaction.
2
Keep in mind the fact that the repeal of the endowment contract without good cause is very difficult. This can be done only in case if in court it is proven the inadequacy or incapacity of the donor. In probate under the will of some heirs, which had forgotten to mention in this document, but is entitled to its share, unable to challenge him. For this category of heirs are disabled dependents.
3
Keep in mind that during the execution of a certificate of inheritance by will, there is a fee, whose amount depends on the degree of kinship. Namely: the spouse, children, grandchildren, full brothers and sisters of the testator will need to pay 0.3% of the value of inherited property, but this amount should not be more than 100 thousand rubles; other heirs are required to pay 0.6 percent, but this amount should not exceed 1 million rubles. The estate duty abolished in Russia in 2006. The gift tax also depends on the degree of kinship. Close relatives (spouses, children, parents, grandparents, grandchildren, brothers and sisters) are exempt from it completely. Distant relatives or friends are required to pay 13% of the value of the gift property is income tax.
4
Be aware that the testator determines the circle of heirs and the share of each of them, their number can enter and outsiders. If for any reason during the lifetime of the testator, the bequest or endowment contract was not made, there is a legacy according to law. Usually, this means that the estate will pass to the heirs of the first three phases. Each of them shall enter into the inheritance in the case when the heirs of the previous turn is not available or refused his share of the estate of the deceased relative. Heirs of the first stage I believe: the wife of the testator, his parents, children, grandchildren and their descendants by right of representation. Second place – grandparents (by right of representation inherit nephews and nieces), full and half brothers and sisters. If the heirs of the first two stages is not, then the property of the deceased is divided among the heirs of the third stage. These include the aunt and uncle of the testator, and by right of representation – cousins and brothers.

Advice 5: How to register the land in inheritance

If you want to draw land after the death of the testator, the procedure will be as one. If the inheritance is issued during the lifetime of the testator, the procedure is completely different. And in one, and in another case, the land must proceed with obtaining a cadastral passport.
How to register the land in inheritance
You will need
  • -identity documents of all parties involved
  • cadastral passport on the ground
  • -certificate of land ownership
  • -a certificate of inheritance, if the land is issued after the death of the testator
  • -the last will and Testament, if any
  • -notarized authorization from the other owners or stolikov plot
  • -receipt of payment for the inheritance
  • -the receipt on state duty for registration
  • -certificate of testator's death
Instruction
1
To issue the inheritance for the site after joining the right of inheritance by law or by will. For entry into law of inheritance, please contact the notary office in the area to find the inheritance. Write a statement about the desire to join the law of inheritance. It must be done within six months after the death of the testator. The notary will open the case of inheritance. To enter into the inheritance of only six months.
2
If the plot no cadastral passport, it is necessary to issue. For registration call the surveyors from the Department of land management. They will produce a list of necessary works and produce technical documents. With the documents, please contact the Rosnedvizhimost'. There you will be given a cadastral passport for it.
3
Received from the notary document on the right to inheritance, contact the state records center. You will be given a certificate of right to property.
4
If you want to issue land inheritance in life, you first make the ownership of it.
5
Make a cadastral passport for the land described above. Register the right of ownership to the state records center. Take the notarized permission to probate from all of the owners and stolikov of the site.
6
Contact the notary's office, a person want to draw the inheritance. You make an agreement about the inheritance. You must register in the registration center for registration of real estate. The heir will then issue a certificate on the right to property in land.
7
For probate will need to pay. It costs very expensive.

Advice 6: How to join in inheritance shares

Receipt of an inheritance is sufficiently precise and clear legal procedure. However, the inheritance of shares can be some difficulties related to the implementation at the enterprises of action for the protection of third parties.
How to join in inheritance shares
Instruction
1
Contact the company on whose shares you want to obtain the right of inheritance. Will receive extract from the register of shareholders which confirms the presence of a company's share of the testator at the time of death. At this stage may be the first difficulty. You can report unscrupulous people that have not enrolled a participant in or shareholder. Remember that this information can be checked by contacting the registration authority.
2
Examine the financial activities of the company to which you received shares in legacy. Perhaps the company is loss-making or involved in crime, get in her share will be unprofitable for you. Fight only for inheritance, which can bring you profit.
3
Get a probate case at the notary. You still need to submit a certificate of registration, a death certificate, a will or documents that prove family relationship. If the shares inherited may get a few people, then they should all go to the same notary. Otherwise, the probate case be declared void.
4
Rate the action. This step is required in order for the notary to be able to determine the value of inherited property and rights for cash. After this you need to collect the remaining documents for registration of inheritance.
5
Will receive a certificate of right to inheritance. If you cannot decide on the inheritance of shares in a notarial order, it is recommended to file a lawsuit in court. This is necessary in case if the company's owners do not want to share with the future heir and refused to assist in the provision of documents confirming availability of the shares of the testator.

Advice 7: How to join in inheritance

To join the law of inheritance only half a year after the death of the testator. During this time, you have to open a case at notary, to prove their right to property, and sometimes to prepare for litigation with other potential heirs.
How to join in inheritance
You will need
  • - passport;
  • - a will;
  • - a document certifying the degree of relationship with the testator;
  • - a list of inheritable property.
Instruction
1
The day of opening inheritance shall be the date of death of the person who owns the property. Within six months after the heirs must apply to the state notary office at the place of residence of the deceased and to open a probate case.
2
Provide notary passport, death certificate, document confirming family relationship with the deceased or the Testament. If there are several heirs, they can go to the notary together.
3
Make a list of inherited property. It can be privatized apartment, car, land, vacation home, cash accounts, stocks, breeding animals, jewelry, Antiques, etc. Within six months from the date of opening of the inheritance , this list can grow.
4
Specify their rights of inheritance. If you are mentioned in the will, keep in mind that there are relatives of the deceased, which in any case will get their share. These include spouses, parents and children who are disabled or minors. Keep in mind, and the so-called marital share in the common property. The joint property of husband and wife after the death of one of the spouses is divided in half. A bequest can move only half of conventionally owned by the deceased.
5
If you are an heir according to the law, please note that the heirs of second and third stage have the right to property only in the absence of priority – parents, spouses and children including adopted. That is, brother or grandchild of the deceased is called upon to inherit only in the absence of the deceased's closer relatives. If there are several heirs of one turn, the property is divided between them.
6
The legal heirs have the right to use the property of the deceased, for example, to live in his apartment. It will be considered as the actual adoption of the inheritance. However, if their rights will be declared null and void, they will be obliged to return all property. In any case, the heirs may not sell or otherwise dispose of them to the complete membership at right.
7
After six months from the date of opening of the inheritance, obtain a notary certified certificate confirming your rights. Same document get all the other heirs. After that, they will score and the actual division of property.
8
Keep in mind that the claims on the property of other people could do after you close your inheritance cases. All disputes shall be settled in court. The court will consider the new circumstances and will either confirm your rights to the inheritance, or revise them.

Advice 8: Come into a fortune: where to start?

The process of opening the inheritance is rather long and time consuming, so many heirs use the services of law firms specializing in these matters. If you are inheritance yourself, you first need to collect primary documents without which the notary will not begin production on a hereditary cause.
Come into a fortune: where to start?
You will need
  • -to collect a package of documents; -to apply to the notary.
Instruction
1
If you are an heir under the law or under the will in order to join the right of inheritance, you need to initiate proceedings for acceptance of the inheritance, the first stage of which is the opening of the inheritance. According to article 1113 of the civil code the basis for the opening of the inheritance is the death of the testator.
2
Inheritance is responsible for the notary. In order for heritage to open, contact a notary at the last place of residence of the testator or the location of the property (if not known place of residence), a statement of acceptance of inheritance or a statement on the issue of a certificate of inheritance. On the official website of the notary chamber of the corresponding region (region), you can find the address of the notary the right plot. The ability to access legacy exists within 6 months from the date of death of the testator (the exceptions stipulated in article 1155 of the civil code).
3
Statement of acceptance of inheritance apply personally at the reception of the notary or through the persons to whom you have given the proper authorization. During the first call to the notary on the question of opening the inheritance, with a need to have the passport and the death certificate of the deceased (original and copy). To confirm the relationship between the applicant and the testator, the notary must submit a birth certificate, certificate of marriage or certificate of divorce by changing the names, etc. documents. Need also the extract from the house register and a certificate of actual residence of the deceased. They are issued at the passport office (passport and visa service) at the last place of residence of the deceased. The help should include all who lived together with the testator on the day of his death. So the notary will determine the number of persons interested in the opening of the inheritance. In addition, to confirm the rights of the testator in the property subject to inheritance, pass the notary the appropriate title documents (e.g. certificate of ownership of the apartment). If the inheritance is a bequest, submit it to the notary stamp notary office that it was not canceled and did not change.
4
After receiving these documents, the notary starts a probate case, a record of the applications for membership in the inheritance, shall notify heirs and interested persons about the fact of opening of the inheritance. The notary may also request documents necessary for the proceedings, to take measures for the protection and management of hereditary property and to carry out other actions necessary for registration of inheritance rights.
5
Take a notary certificate of opening of the inheritance and queries within the organization, from which information necessary for the production of a hereditary cause.
Is the advice useful?
Search