How to enter the inheritance?
Inheritance questions have always been extremely sensitive and sensitive. There are many controversial situations that can inflame enmity between the heirs. However, you need to know your rights in order to protect yourself and figure out how to inherit quickly and easily.
The regulation of inheritance rights is described in the third part of the Civil Code of the Russian Federation. A number of articles describe what an inheritance is, what are the rights to transfer it, who and how can claim an inheritance and how to issue a will correctly. Also here you can find the order of protest of the will and the grounds for this.
What is inheritance
An inheritance can be any movable or immovable property and certain rights and obligations. So, you can transfer or inherit an apartment, house, car, books, collections, stocks, securities, money. If the inheritor had debts, they also go to the heirs.
The right to inheritance cannot be given or given to someone else, but it can be abandoned in favor of other heirs or in favor of the state.
How to enter the rights of inheritance
It is possible to enter the inheritance under the law and under the will.
A testament inheritance fulfills the last will of the testator and must be executed exactly. But if the will is clearly contrary to the laws of the Russian Federation or the general laws of morality, it can be appealed. Thus, minor children and heirs of the first stage, who for health reasons cannot provide themselves, have the right to inheritance in any case, even if the testator himself wanted to leave everything to his cat.
Prove the illegality of the inheritance can be in court. For example, if children cared for a sick testator for the rest of their lives, and in the last year of life a strange person appeared, and under an unknown influence, a testament was written in her favor. In this case, the will can be protested and, having collected the necessary data, to prove that the will is not written in sober memory and common sense, and this person has no right to it.
There are up to ten queues of heirs, which are determined by the degree of relationship:
- The first stage - the spouse, children and parents of the testator.
- The second stage - brothers, sisters, grandfathers, grandmothers.Nephews and nieces - by the right of representation.
- Uncles and aunts. Cousins and sisters - on the submission.
- The fourth turn - great-grandfathers and great-grandmothers.
- Fifth place - great-uncles, grandmothers, grandchildren and grandchildren.
- The sixth place - great-grandchildren, great-granddaughters, nephews, nieces, uncles, aunts.
- Seventh stage - stepchildren, stepdaughters, stepfather, stepmother.
To accept the inheritance by law, you must submit a written application for the right of inheritance to the notary at the place of opening the inheritance. The heir must do it himself, but a letter with a notarized signature or a power of attorney is allowed.
After registration, the notary must issue a certificate of inheritance. It can be one for all heirs or for each person individually.
In case of refusal of the inheritance, the share of the heir is divided in equal parts between other heirs.
How much does it cost to get an inheritance
In order to receive the inheritance, you will have to pay some expenses for the following persons and organizations:
- Inheritance manager
- Registration of property rights
The cost of each of the above state fees is a different amount for the heirs of different queues.
- The first stage - 0.3%, but not more than 100 000 r.
- All the rest - 0.6%, but not more than 1,000,000 r.
To calculate the cost and state duty, you must contact the BTI or to independent experts, and then submit a certificate for payment. The notary has no right to demand an increase in the value of the property.
This is a short list of necessary information for those who want to know how to properly inherit. You can find out more by using free legal advice, or by a notary in the paperwork.