How to make the inheritance according to the law

To make the inheritance according to the law in that case, if there is no will. In this case, guided by the regulatory provisions of part IV of the RF Civil Code and the Law on notaries. These documents contain rules that determine the basis for acceptance of the inheritance, the order of processing and precedence of the heirs.

Instruction

1. Under the law there are seven stages of succession. Among the heirs of the first stage include the parents of the deceased, spouse, children and grandchildren. Second place are the grandparents of the deceased, his sisters and brothers. Heirs of the third stage are family, aunts and uncles of the deceased. Heirs of the fourth stage become the great grandparents. In fifth place are included cousins, grandchildren, granddaughter, grandparents. Sixth place are cousins, nieces and nephews, aunts and uncles, great-grandchildren and great-granddaughters. And finally, the heirs of the seventh stage is the stepfather, stepmother, stepchild and stepdaughter of the testator.
2. Finding out the heir, which queue are you, consult your notary. It is necessary to begin probate. You will have to pay the state fee in the amount of 0.3% of the total value of bequests or funds. In the case of inheritance registration of real estate, the fee charged to its inventory value, not the market. If we are talking about the inheritance of land, the state duty is collected on the cadastral value.
3. In addition, you will have to pay the notary for registration of necessary documents. The cost of services may not exceed the established rates in the notary office. The notary of the certificate of inheritance. As a rule, the preparation of the document on the right to personal property is not more than 500 rubles, real estate – does not exceed 3000.
4. Probate according to the law begins with the discovery of the hereditary cases. You will need to prepare the death certificate of the testator, a certificate from the last place of residence, documents confirming relationship with the deceased. As the latter can use a birth certificate, marriage certificate, documents attesting to adopt, etc.
5. There are times when the heirs of the different queues are unable to solve the issue of the inheritance peacefully. Then you need to find a notary, who had already opened a probate case, and to inform about the presence of other heirs to the estate of a deceased.
6. You need to prepare all the documents for inherited property, to recover lost. Can seek the assistance of lawyers who will do it for you. Only after you collect the list, the notary can start the procedure of registration of the certificate of inheritance. If necessary, the notary issues a certificate about the opening of the notarial deeds.
7. If you are unable to collect the necessary documents evidencing the ownership of the testator's property, will have to go to court. In this case, the heir submits a claim for the inclusion of inherited property to the estate or petition for recognition of heir ownership rights to the inherited property.
8. The court shall decide on acceptance or rejection of the claim of the plaintiff with the mark of entry into force, in addition, gives a copy of the document that you want to give to the notary for attachment to the notarial deed. After that, the notary shall issue a certificate of inheritance.