The distribution of the inheritance after the death of the citizen of the Russian Federation is regulated by part 3 of the Civil code of the Russian Federation, was on the Statute books of our country at number 146-FZ of 26 November 2001. In particular, issues of inheritance are discussed in section V of this normative-legal act, which is called inheritance law.
The time allotted to relatives and others close to the deceased citizen for entry into their property rights, established by article 1154 of the specified legal act. Paragraph 1 of this article determines that the period of entry into the inheritance is 6 months from the day of its opening. In turn, in the General case the date of opening the inheritance is the date of death of the citizen. If a citizen was declared dead by a court decision, then such date shall be the date of the court judgement.
In some cases this period can be changed. So, first, this situation may occur if the recognition of one or a few heirs, as unworthy, as a result, they lose the right to inheritance. If in this case the right to receive it arises from others, they have the opportunity to come into its own within six months from the day the original successors have been judged unworthy. If such a right arose from the relatives of the deceased due to the fact that another heir has renounced his rights, they may enter into the inheritance within three months from the date of expiry of six months after the death of a citizen or recognition of his death.
Thus, in the General case, the omission of the term of acceptance of inheritance means that the family member of the deceased cease to be entitled to his property. However, if the reasons this term was omitted, is valid, the heir may be reinstated.
To do this, the legislation provides recourse to the court with the statement for restoration of term of acceptance of inheritance. Paragraph 1 of article 1155 States that the item can accept an excused reason, the fact that the successor did not know or could not know about the death of the testator. In addition, this section of the Civil code allows for the recognition and respectful of other reasons at the discretion of the court. In this case the applicant will need to provide proof of such reasons. In addition, it needs to apply to the court not later than within six months after the action of these causes has ceased, for example, he learned about the death of a relative.
In addition, another option of entry into inheritance after the due date is the consent to that of all the other heirs, as expressed in written form. Obviously, in this case, the relative, who have missed the deadline for making the estate of the deceased will have to prove to their relatives, not the court, that the reasons why he missed the deadline, is valid.
The period for acceptance of inheritance
The time allotted to relatives and others close to the deceased citizen for entry into their property rights, established by article 1154 of the specified legal act. Paragraph 1 of this article determines that the period of entry into the inheritance is 6 months from the day of its opening. In turn, in the General case the date of opening the inheritance is the date of death of the citizen. If a citizen was declared dead by a court decision, then such date shall be the date of the court judgement.
In some cases this period can be changed. So, first, this situation may occur if the recognition of one or a few heirs, as unworthy, as a result, they lose the right to inheritance. If in this case the right to receive it arises from others, they have the opportunity to come into its own within six months from the day the original successors have been judged unworthy. If such a right arose from the relatives of the deceased due to the fact that another heir has renounced his rights, they may enter into the inheritance within three months from the date of expiry of six months after the death of a citizen or recognition of his death.
Good cause for missing the deadline
Thus, in the General case, the omission of the term of acceptance of inheritance means that the family member of the deceased cease to be entitled to his property. However, if the reasons this term was omitted, is valid, the heir may be reinstated.
To do this, the legislation provides recourse to the court with the statement for restoration of term of acceptance of inheritance. Paragraph 1 of article 1155 States that the item can accept an excused reason, the fact that the successor did not know or could not know about the death of the testator. In addition, this section of the Civil code allows for the recognition and respectful of other reasons at the discretion of the court. In this case the applicant will need to provide proof of such reasons. In addition, it needs to apply to the court not later than within six months after the action of these causes has ceased, for example, he learned about the death of a relative.
In addition, another option of entry into inheritance after the due date is the consent to that of all the other heirs, as expressed in written form. Obviously, in this case, the relative, who have missed the deadline for making the estate of the deceased will have to prove to their relatives, not the court, that the reasons why he missed the deadline, is valid.
