Inheritance right

The right to inherit property, whether movable or immovable, comes when the citizen dies. In accordance with the current legislation, the right to establish and conduct an inheritance case is only authorized by the person, which are public notaries.

Currently, the legislation identifies two types of inheritance: by law and by will. When a person dies, his heirs have the legal right to apply to a notary office located at the last place of residence of the deceased.

Hereditary case

The right to inherit property by testament is a priority before inheritance under the law, since the will carries the last will of the deceased, so when applying to a notary, the first thing to check is the presence / absence of the deceased's will. If it is in the hands of the heir, it must be brought with you.

The heir under the will can be any person (both physical and legal), and their order in this case does not matter. The only restriction of the deceased's will is an obligatory share. So, according to the Civil Code, the following persons have the right to receive a mandatory share: a disabled wife and parents of the deceased who have reached the retirement age and / or having a disability of the first or second group, as well as minor children of the deceased. The amount of the mandatory share can not be less than 1/2 of the inheritance, which such an heir could receive in the case of inheritance by law.

So, if the deceased has a will for two children, and there is a wife who has reached the retirement age, she has the right to receive an obligatory share of the inheritance in the amount of 1/6 of the part (inheritance of property, for example). The obligatory share is a dispositive norm, and from the right to receive its successor can refuse.

In the absence of a will, the right of inheritance comes by law. In this case, the circle of heirs is determined depending on the order.

The heirs of the first stage are the spouse, children and parents of the deceased, in case of their absence inheritance passes to the heirs of the next turn - to brothers and sisters, and also to grandfathers and grandmothers. In total the legislation allocates three turns of successors, and defines the remaining relatives in the group "heirs of subsequent queues."

In practice, cases where the heirs are the only ones by right of representation are not uncommon . The right of inheritance in this case arises from the death of heirs belonging to the first three queues until the death of the main testator or on the day of his death. The share owed to such a deceased passes to his heirs and is distributed among them in half.

For example: the deceased had three sons and a wife. The first son died a few years before his father's death, leaving behind two children. The share in the father's inheritance will be distributed as follows: 1/4 of the inheritance will be given to the spouse, 1/4 will be given to the sons, and 1/4 will be divided among the grandchildren of the deceased by equal shares of 1/8 share to each.

The general term for opening an inheritance and establishing an inheritance case is six months from the day of the death of the testator. In this period, all the heirs or one person turns to the notary office for the discovery of the hereditary case. Having collected all the necessary documents for the property, having confirmed all the related relations, after six months the heir (or several) is given a document - a certificate of the right to inheritance.

In most cases, the object of inheritance is the deceased's real estate: a house, a cottage, an apartment, a garage. Since the year two thousand and six, changes have been made in the legislation that canceled the estate tax of the apartment and other above-mentioned facilities.