How to divide the inheritance

Inheritance can be obtained by law or by will. If there's no will, the property shall be transferred into common property and be divided among the heirs. Bequest this situation occurs when a property is bequeathed to several persons, without specifying who that meant. In this case, everything is divided in equal shares. The heirs can refuse the inheritance in favor of another heir or to give up entirely. Then the share of that heir is divided among the other heirs. The legitimate right of the heir is to allocate its share, even if others are not interested.

Instruction

1. The property can be shared only after obtaining the certificate of inheritance. To do this, all the heirs wishing to receive an inheritance, you should contact the notary office in the area to find this property. It must be done within 6 months after the death of the testator. If the inheritance is in different parts, the place of opening probate is the area to find the most valuable part of the inheritance. All the rest will be divided on the basis of market value.
2. When the inheritance is the common property among the heirs, the question arises how to divide it. It is possible to conclude a voluntary agreement among the heirs. According to article 1166 of the Civil Code of the Russian Federation, if there is a conceived but not yet born heir, to divide the inheritance only after his birth. Where heirs were minors, incapable or partially capable, the division of inheritance must be present, the guardianship and guardianship. Also, some heirs have the right of inheritance.
3. If the heirs failed to agree on a voluntary basis, the inheritance occurs through the decision of the court. In the presence of minors, incapacitated and ogranichenno capable citizens, always through the courts.
4. The pre-emptive right shall be the heirs who lived with the testator and was, along with him, the owners of the property. The preferential right can only be used within three years from the date of the opening of probate. After this period, all pre-emptive rights are lost. If the heirs having the privilege of a few, those who do not get the property, is paid adequate compensation.
5. If shares of real estate, all the heirs after receiving the certificate of inheritance must obtain a certificate of title to the property. This requires rights holders to register them in the public registration center.
6. All disputes on the division of inheritance are decided by the court.