Who are the heirs of the first stage?

Even people who are not versed in modern laws, for certain have repeatedly heard the expression "heirs of the first stage", "heirs of the second stage." Who are they?

Legislation allows the testator to leave his property to any person. And not only to a person, but to legal entities and even foreign states - it is enough to write a will in favor of this person or organization. And then all the property, according to the will and will of the testator, will go to the specified address even with a dozen close relatives.

But when there are no wills, after the death of the testator, the property will be given to the heirs of the first stage. These include the closest relatives - children, parents, spouses.

Children. Officially recognized or officially adopted. If the testator was deprived of parental rights or his child was formally adopted by another person - the child has no right to inherit property. If an adoptive child, by decision of the court, maintains relations with blood relatives, including a parent, he has the right to inherit in accordance with the procedure established by law.

Children conceived, but not yet born at the time of death of the testator, can also claim their part of the inheritance. In this case, the remaining applicants are obliged to wait for the heir to appear in the world and then to share the property. In this case, a prospective mother must apply to a notary.

The grandchildren of the testator, if their parents died. In fact, in this case the property is inherited by the child of the testator, but in case of his death by right of succession, the share of the inheritance passes to the grandchildren. And if there are several grandchildren, they share the share of inheritance that is assigned to their parent.

Parents of the testator, if they were alive at the time of entering into the inheritance. The mother is allocated a mandatory share, and the father, only if he was officially recognized as such or was with the mother in a legal marriage.

Spouse or spouse with whom the testator was legally married at the time of death. Former spouses have no rights.

All the heirs of the first turn are legally entitled to equal rights when they enter the inheritance - children, parents and spouses receive property in equal parts. Grandchildren receive a share that is due to their parent by law, and this share is divided equally between themselves.

The heirs of the second stage are the relatives of the heirs of the first stage. These are grandparents, brothers and sisters. They enter into the inheritance rights when the heirs of the first stage are absent, or they were found unworthy of the inheritance, refused to enter into the inheritance rights.

The order of inheritance by will

From the day of the death of a person, the opening period of the inheritance opens. The day of opening is considered the date specified in the death certificate, or the probable date, if the death of the testator was established by the court. If a person has been mistakenly deemed dead, he can demand back his property received by heirs with the exception of securities and money.

Since the opening of the inheritance , potential heirs have six months to claim their inheritance rights. This term can be extended in court if the heir knew nothing about the death of the testator, or could not apply for inheritance for valid reasons.

If the deceased did not leave a will, the course is inherited by law, first of all, of course, the heirs of the first category claim. Do not forget that the property, along with relatives of the nearest queue, can claim disabled dependents, who are in charge of the deceased and entering at least one of the 7 queues of kinship. If he is not a relative, he can also apply for a share, provided he lives with the testator for one year.