The order of inheritance is an extremely important nuance.which should interest every citizen in Russia. The fact is that according to the law, the property of people after their death will be distributed between relatives in accordance with the established rules. And this will have to face everyone. That is why hereditary disputes occur in the courts very often. Each heir tries to get his share. Especially if it was originally put on a mandatory basis.
So what is required to know about inheritance in Russia?What features of the process is recommended to pay attention to? And in what order can you file a claim for recognition of rights to this or that property as an inheritance? Understanding all this is not as difficult as it seems. The main thing is to know the basics of Russian legislation. And then all the processes associated with hereditary disputes will be clear.
The first thing you should pay attention to isthat there are some situations in which the inheritance is necessary. These issues take place when there is a division of real estate by law. Under the will too. There is only one exception - if the deceased wrote gifts to everyone and distributed everything that he has.
Some heirs have an obligatory share. It will be put in spite of all the other circumstances. Who is entitled to a mandatory share of the property of the testator? Among them are:
Accordingly, the specified categories of persons innecessarily receive one or another part of the inheritance. If the property was distributed without the participation of these people, then the heirs have the right to file a lawsuit in the prescribed manner. Then, after consideration of the case, the inheritance will be redistributed, but taking into account the participation of new persons.
The order of inheritance is a very complicated process.and difficult. Fortunately, in Russia, the courts, although often faced with lawsuits regarding the division of property, but they still very quickly resolve such disputes. All this is due to the fact that there is a certain order, according to which by law all property of a citizen will be divided.
For starters, it is worth considering the heirs of the firstthe queue. These are people between whom the property will be divided from the very beginning. As practice shows, it is usually at this stage that Russia succeeds in transferring all property into the ownership of one person or another. And it does not reach other lines. Therefore, the attention of this category of citizens is paid the most.
The order of inheritance in this case includes a certain circle of persons. It:
All these are individuals, between which is distributedproperty first. Also here can be attributed grandchildren and other descendants of the owner of certain objects. But to them the property passes under the right of representation. About this type of inheritance a little later. First, it is worth considering to whom and in what order this or that property will be transferred by law.
Теперь далеко не самые распространенные, но cases occurring in practice. It is clear to whom the right of ownership is transferred first of all by the order of inheritance. And what to do if, for example, a person has neither parents, nor spouse, nor children? In this case, the property will be transferred on.
In what order?In fact, the sequence relative to other relatives also takes place. But as practice shows, as well as the law says, citizens cannot claim to be an inheritance if there is at least one heir to the first order.
Who will be placed second in the inheritance? Among such applicants are:
Moreover, it is important to understand that ancestors are consideredfrom both the father and the mother of the testator. And brothers and sisters can be not only relatives, but also consolidated ones. By analogy with the previous situation, nephews and nieces are able to claim in the second stage for the right of representation for property.
What's next?On all this, the order of inheritance does not end there. Indeed, in some situations even the owner of the property does not even have such close people. Then, as you might guess, it will be possible to divide everything that the deceased had, between distant relatives. But again, in turn.
In Russia, there is a third order of priority for obtaining inheritance rights. It takes place only when there are no heirs of the previously listed degrees. Who can be assigned to this category?
Among the heirs in this case, there are:
It doesn't matter if they are blood relatives or not. The main thing is that the brothers and sisters of the parents also have the right to inherit. But, as already mentioned, only if there is none of the heirs listed earlier.
Право представления третьей ступени остается за cousins and brothers. That is what the Civil Code of the Russian Federation says. It is worth noting that inheritance of property is limited in time. The order of inheritance is just the first step that every citizen should know about. Therefore, before filing a lawsuit, it is necessary to take into account some other nuances.
For example, how to be, if anybody from earlierthe testator has no listed citizens? How then will the property be distributed by law? In this case, the state is not supposed to. Instead, there are at least 4 more sequences. That is, in Russian legislation at least 7 levels of inheritance. Remembering them is not as easy as it sounds. That is why the recognition of property rights in the order of inheritance is controversial.
Who do they belong to this or that category of heirs by law? Accordingly, it is possible to distinguish the following persons:
No more features immediateorder of inheritance does not have. But this is only relative to the choice of the spectrum of the heirs in one way or another. In fact, hereditary cases - this is an extremely serious thing. And it is required to be treated with responsibility. What else should a citizen know?
There is a certain period in which you need to meet with a statement of their inheritance rights. If a person is silent, his actions should be regarded as a waiver of property.
On the entry into the inheritance (on the draftingapplication of the established sample) is given six months. The countdown begins with the opening of the inheritance. After that, if a citizen has not expressed a desire to receive property or abandon it, the property is distributed either among all the heirs of a particular level, or goes to the next category of relatives.
If the specified period is missing, under certaincircumstances you can file a lawsuit claim of inheritance. In this case, if the court decides in favor of a potential heir, you can claim the property. If it has already been distributed, the property will be redistributed.
Как можно восстановить за собой права inheritance? There are several scenarios. Some of them have no place in practice. Was the deadline in which the inheritance of property is carried out? The order of inheritance, as already mentioned, is a very difficult process. Therefore, each heir must inform about his desire to receive the required share of the property. Recovery of inheritance takes place.
How is it going? You can consider the following situations:
Re-granting permissionproperty from received property. A citizen must provide a written agreement to the notary. He has all applicants for property will receive new certificates of inheritance in one degree or another.
The claim for recognition of the inheritance order is filedin court, after which you will have to prove the validity of the reasons for which the deadline for receipt of property was missed. Otherwise, the claim will not be satisfied.
The procedure for inheriting property is known. But in what situations can the right to receive a share of the property of a deceased relative be restored? For valid reasons include:
In these situations (if there is evidence) the courtrestores inheritance rights by law. Nothing difficult or special. The main thing is that quite often it is possible to obtain the required legal part of the property, despite the missed period of entry into the inheritance.
A few words about inheritance rightsrepresentation. In Russia, this situation is not so common. Successors of a particular sequence have been listed. In what situations will they receive property?
If the heirs (direct) of a particular orderdied before or together with the testator, the share that was assigned to the direct recipients of the property. That is, if the parents of the child have died, the inheritance from the grandmothers will first be transferred to the grandson, and then (if there is no child) to the brothers and sisters of this very grandmother.
What's next? Many are interested in exactly how to get an inheritance by law. There are several scenarios. They need to be implemented in the specified 6 months.
The first option is to appeal to the notary.This employee has an application for entry into the inheritance (or rejection, it is possible for someone else). Next comes the acquisition of property. Contact required at the place of residence of the testator.
The second option is a claim for recognition in the order of inheritance of certain rights. But, again, after the court decision will have to go to the notary.
Третий способ - это совершение действий, которые clearly indicate a person’s desire to obtain rights to a particular property. What is this about? Entry into inheritance occurs if the potential recipient performs the following actions:
It is in such situations that automatic recognition of the right order of inheritance occurs. But if desired, a citizen is able to write a waiver at the notary.
Now it is worth considering the procedure for obtaining property. Situations are different. But in general, the order can be distinguished as follows:
А вот теперь стоит рассмотреть документы, которые will require a citizen to receive the inheritance. In fact, the list is not that big. It is worth remembering: the further the sequence, the more problematic the procedure for inheriting property.
It is usually accepted to single out the following papers attached to the application for a notary:
It's all.If someone refuses the property in favor of a particular recipient, the corresponding written form is also required to be attached. Nothing difficult or special, everything is very clear. The claims of the order of inheritance in the presence of a waiver of property in writing do not take place. A person who has already refused an inheritance cannot be reversed. The recognition of property rights by way of inheritance is a difficult process that requires knowledge of the established Russian legislation.
