Term of acceptance of inheritance. Restoration of the term of acceptance of the inheritance, if it is omitted

Unfortunately, in people's lives there are moments associated with the death of relatives or other loved ones. Sadly enough, in the end, it is still necessary to solve the situation with the legacy of the deceased. And then people ask questions: "What is the deadline for accepting the inheritance?", "Is it possible to restore the term of acceptance of the inheritance?". In this article you can find answers to these questions.

What is it for?

This period of limitation of the adoption of the inheritance is determined by the civil legislation of Russia, in particular the norm of 1154 CC. The establishment of this kind of restriction is due to the fact that it is necessary to determine the legal status of hereditary property in civil turnover, to identify new owners with the purpose of establishing their rights and obligations, to satisfy the legitimate claims of creditors, as well as other persons, including the heirs themselves. In addition, the period for the acceptance of the inheritance is determined with a view to ensuring the further functioning of the inheritance subject.

The listed points are not the only ones for which such a time period is established. This period, among other things, is also provided in order to establish the circle of heirs, to reveal all the property of the testator, to determine its value, to find out its location. In turn, at the designated interval, the successors are required to decide whether they will inherit or give it up.

From the moral and ethical part, the period of acceptance of the inheritance according to the law (testament) makes it possible to distinguish the very procedure of this adoption and the process connected with the burial of the testator. He allows relatives of the deceased to recover from the shock and only after that do hereditary affairs.

The general term

The terms considered differ in duration, on the basis of calling the heirs to the inheritance, at the time from which the deadline begins to expire. For these reasons, the terms in inheritance law are divided into special and general. The total period for the acceptance of the inheritance is determined by a certain amount of time, the law establishes it in six months and begins its counting from the time when the discovery of the inheritance was accomplished. In other words, if the heir inherits the right of inheritance from the moment of opening the inheritance, then a general term is applied to him.

It should be noted that a six-month period is applied in almost all cases. The only exceptions to this rule are situations for which special terms are defined.

Heirs, who are subject to general terms, are divided into the following persons:

• Successors of the initial order of succession upon receipt of inheritance property by law.
• Heirs by will.
• Destined heirs by will, if the persons indicated in this will by heirs have died, are removed from the inheritance and do not have any rights to it.
• Successors of further queuing, if the successors in the sequence of successors are absent or do not have the right to accept the inheritance.

Recognition of a citizen dead

There are cases when a person is deemed dead by a court decision. For example, if he disappeared and a certain amount of time he can not be found, then relatives have the right to apply to a court that can recognize such a person dead. With such a development of the situation, the opening of the inheritance occurs on the date of entry into the legitimate force of the judicial act.

Such a period is special. It is applied to persons who have disappeared, if at the time of such disappearance circumstances accompanied that allowed to believe that the person was lost were accompanied. At the same time, the established term for accepting the inheritance is the same amount of time as for the general term, that is, 6 months. The difference is only in the moment, from when such a time interval initiates the current.

In the judicial act, the judge must indicate the prospective day of death, for example, the day when dangerous circumstances or an accident occurred. This day will be considered the day of death and, accordingly, the moment of opening the inheritance. At the same time, the period will begin only on the day when the decision of the judiciary comes into force. The legislator, in this case, tries to preserve the rights of those heirs who were on the day of the alleged death, but for some reason were absent in the circle of successors during the enactment of the court order.

By such a special term, the legislator also protects the rights of heirs who, on the one hand, can not accept the inheritance until the judicial act is legally obtained, and on the other - if the count was from the day of death, then such a six- Would be omitted.

The circle of heirs and property of the testator, subject to inclusion in the estate, are determined on the day that is the day of the alleged death, fixed by a decision of the judiciary.

Special term for the rejection of inheritance or the removal of unworthy heirs

The special period for accepting the inheritance under the law (will) is also applied to persons who have the right to inheritance in connection with the unworthiness of previous heirs or their exclusion. In addition, such a right can arise and on the basis of a renunciation of inheritance. It is known that obtaining an inheritance is considered a person's right and can not be imposed on him against his will. Otherwise, if the successor refuses to accept the inheritance, then, accordingly, the right to it is transferred to other personalities in order of priority or according to the will. To such persons, a special period is applied, which will still be six months, only its calculation is considered to be from the moment when such heirs had the right to inherit. At the same time, such a right arises from them from the day when the notary has been certified by the notary to renounce the inheritance of previous heirs, and if the unsuccessful successors are removed, then from the time when the appropriate decision of the judiciary enters the legitimate force.

If the successors did not receive the hereditary property

The special period for accepting the inheritance under the will or under the law may extend to persons who have such a right arising from the non-acceptance of the hereditary property by the remaining heirs. As a rule, such a special term is determined at three months, and its flow begins to occur on the day when the general period calculated from the time of opening the inheritance ends, or a specialized term calculated from the date of the entry into force of the judicial act to which the testator is deemed dead.

This three-month period of actual acceptance of the inheritance is used only in cases when the other successors did not receive the inheritance. How is this determined? The successor does not appear to have accepted the hereditary property, if he has not shown his will to the inheritance that has been revealed in any accessible way. That is, if such person during the course of the general or special six-month period has not submitted a relevant requirement to the notary to accept the property, did not declare giving him a document confirming his right to this property. In addition, if the heir has not taken any actual measures that might indicate that he has accepted hereditary property, he will also be considered to have not accepted it. For example, if an apartment belonging to the hereditary mass is held at the expense of the heir, it pays all the utilities, bears the burden of maintaining this apartment, paying tax payments, but at the same time did not apply to the notary to formalize their rights, one can not consider such a successor to not accept Hereditary property. After all, he actually accepted it. But if he, in general, pulled away from such actions, then we can assume that the inheritance is not accepted.

Those who did not accept the inheritance can also be attributed to those heirs who did not make any direct actions, that is, they did not write a declaration of refusal and at the same time did not give consent to the reception of this property. In case the successor died after the opening of the inheritance, he can equally be considered not to have accepted hereditary property.

Restoration of the term in court

The methods and the term of acceptance of the inheritance, if the ordinary or specialized terms are missed, can also be different. The civil legislation of Russia provides this.

Quite often there are cases when the term of acceptance of the inheritance has passed. Restoring the term of acceptance of the inheritance can help in this situation. Legislatively, this possibility is provided for the heir to realize his rights. However, in order for such a period to be restored, grounds are necessary. One of them is the ignorance of the heir about the opening of the inheritance. Other good reasons can also be recognized as such grounds.

It is possible to restore the missed deadline for the acceptance of the inheritance in two ways. This is the judicial system and the so-called conciliation. The first way, as its name implies, is through the court. The successor, who has missed this period of time, submits an application to the judicial authorities with a request to restore it. Such a statement is considered in the proceedings. In the event that the claimant's claim is satisfied, he will be recognized as an heir and he will have a share in the hereditary property. Of course, in the application, the plaintiff is required to list the factors by which he missed the period of time determined by law for entering into the inheritance. The court will thoroughly analyze these reasons, and they will be given an appropriate assessment. Some of these are, for example, the facts of concealment from the heir to the death of the testator and, accordingly, the opening of the inheritance.

It should be noted that the heir himself should not be able to establish the fact of opening the inheritance, that is, he did not have to know about the death of the testator and that the period of acceptance of the inheritance began to flow. The restoration of the period of acceptance of the inheritance in this circumstance will be greatly complicated. Usually, to such persons who could not be aware of what happened, the legislator refers incompetent citizens who do not understand the legal results of opening the inheritance. Among such incompetent and underage children, and persons deprived of legal capacity due to illness, etc. Also, such can be attributed to heirs by will. For example, a person is indicated by the heir in a will, but the remaining heirs and a notary hid this fact from him. A person who lives far from the testator and who does not maintain contact with him, not properly notified of the opening of the inheritance, may also be considered not familiar with and should know about this legal fact.

Other valid circumstances

Other circumstances that may be recognized by the court as valid:

• serious illness;
• illiteracy;
• Finding a person in a helpless condition;
• A long business trip, in which there is no possibility to perform legal actions (for example, business trips to remote places where there is no notary or persons capable of performing notarial actions).

Of course, the listed circumstances are only basic, not exhaustive. The court, in considering such a civil case, will assess all factors and causes. He can recognize as valid other circumstances, by virtue of which the plaintiff was unable to accept the inheritance on time.

Another important point - the feasibility of restoring the date of acceptance of the inheritance under the will or by law through the court also has a certain period of time. The application to the court must be sent not later than 6 months from the date when the preconditions preventing the receipt of the hereditary property have disappeared. For example, an heir residing in a remote area from the testator and not maintaining contact with him receives a telegram or another message stating that he has died. The six-month period is activated from now on.

Consent order

If the term of acceptance of the inheritance is violated, the restoration of the term of acceptance of the inheritance can be carried out in a second way. They are considered voluntary recognition of the right of the heir to receive the inheritance by other successors who have already accepted it. This method is called conciliation. The actions of the person who missed the deadline in this case differ from the first method. He is already turning not to the court, but to the other heirs with the desire to restore the time for the acceptance of the inheritance. When all such heirs agree to the fulfillment of the request of the latecomer, they give their written consent. Usually it is certified by a notary.

Difference from the judicial order

There are several principal differences between the conciliation regime for the restoration of the term for the acceptance of inheritance from the judicial one.

1. The heirs giving consent or refusing to do this are not obliged to determine in the application the reason for their will.
2. With conciliation the successors who received the property of the inheritance should not consider the grounds for the passage of time by the late heir.
3. Refusal to give consent can not be appealed to the judicial authorities. Such a refusal of at least one heir creates an unavoidable obstacle to the use of conciliation.
4. Heirs can only give such consent to a person who is the heir of the same line, that is, from the same circle as they, and also to a person who, having inherited, can displace another similar successor who has already obtained hereditary property. In other words, persons who entered the inheritance only through the omission of the term by another heir, giving their consent for the resumption of this period, lose their rights.
5. The conciliation can be applied irrespective of the period that has passed. Here the principle of good will operates.

Conclusion

Thus, depending on the specific circumstances, the time of acceptance of the inheritance is also different. The restoration of the term of acceptance of the inheritance can be complicated by various factors, including counteraction of those who have already accepted the inheritance. It is also impossible to predict the position of the court to pass the deadline for one reason or another. Therefore, in order to preserve their legitimate rights and interests, it is necessary to know what is the time limit for accepting the inheritance, and such an interval is desirable not to be violated. In any case, if such a situation has arisen, it is better to apply the conciliation rules for the restoration of the lost time, and if it is impossible to apply to the judicial authorities.