Discovery of inheritance

The discovery of the inheritance represents the emergence of a legal relationship of a hereditary character. The grounds (legal facts) leading to this procedure are the declaration to the deceased and the death of a citizen.

The time of opening the inheritance is the day of death of the testator or the date of entry into force of the decision to recognize the citizen as a deceased person. In the latter case, when announcing the death of a person who disappeared in the presence of circumstances that posed a threat to life or gives rise to the assumption of his death by accident, the court may decide to recognize the day of his death as the day of death.

The opening of the inheritance provides for the determination of the composition of the existing hereditary property, the terms under which creditors are allowed to make claims, the terms of refusal or acceptance of the inheritance, the issuance of a certificate, and the time when the heirs inherit property rights to the property of the deceased or recognized as such. In the framework of the procedure, the legislation is also being determined, on the basis of which the whole procedure will be implemented.

With simultaneous death of persons who act as heirs relative to each other, the opening of the inheritance is carried out immediately after the death of each of them separately.

The established fact of death, as well as the day of death, must be confirmed by a death certificate. This document is issued by the Registry Office. In the event of the refusal of the said authority to register death, this fact can be established at a certain time within the court of special production.

The place of opening of the inheritance is the place of the last permanent residence of the deceased or recognized as such or the location of the property of a deceased or substantial part (in the event that it is not established where the deceased lived). At the same time, it is established which legislation (of whose country) should be used when conducting the procedure. So, for example, if the opening of the inheritance of a citizen who died in Russia, will be carried out on the territory of Moldova, then disabled relatives may become heirs. At the same time, according to the Russian legislation, these persons do not participate in the procedure.

Thus, the correctly established place where the opening of hereditary legal relations takes place, is of great importance in solving various procedural issues. So, it is determined which particular notary office will conduct the procedure. In the established place of opening of hereditary legal relations, measures are taken to protect the property of the deceased or recognized as such citizen. Lenders also have the opportunity to file their claims.

As a place where hereditary legal relations arise between citizens residing temporarily outside Russia and deceased or recognized as such there is the area of their permanent residence before going abroad or finding the existing hereditary property (or its substantial part) in the territory of Russia. For citizens who have resided abroad permanently and died there, the procedure is carried out in the country of residence.

The place of origin of hereditary legal relations is confirmed by a special certificate of the housing department, the local administration, the street committee or a certificate from the work where the last place of residence of the deceased or recognized as such is indicated. The same organizations can issue certificates on the location of property or a significant part of the deceased (in the event that it is not established where the citizen lived). If it is impossible to provide either one or the other certificate, the notary is given a decision that has entered into force on establishing the place of origin of hereditary relationships.