You will need
- - your passport;
- - notary statement;
- - documents of the testator;
- - documents for the property;
- - the documents confirming the degree of kinship.
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.
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.
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.
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.
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.
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 3: 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.
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.
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.
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.
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 4: 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.
You will need
- -to collect a package of documents; -to apply to the notary.
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.
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).
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.
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.
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.