Notarial registration of inheritance rights of citizens. Registration of an inheritance by a notary Public registration of inheritance rights to real estate by a notary

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EDUCATIONAL AUTONOMOUS NON-PROFIT ORGANIZATIONHIGHER EDUCATION

VOLZHSK UNIVERSITY named after V.N. TATISCHEVA"

Faculty - Law

Specialty - jurisprudence

Department of Civil Law and Process

Graduation qualification

NOTARY REGISTRATION OF INHERITANCE RIGHTS OF CITIZENS IN RUSSIA

student

Belova A.S.

Scientific SupervisorAndbody

Shishkina Yu.S.

Tolyatti 2017

Introduction

1. Inheritance law in Russia (Development of inheritance law in Russia)

1.1 The history of the development of notaries and inheritance law in Russia

1.2 General provisions on the inheritance rights of citizens

2. Certificate of inheritance

2.1 The concept and procedure for issuing a certificate of inheritance

2.2 Deadlines for issuing a certificate of inheritance

3. Taking measures to protect and manage the inheritance

3.1 The system of measures for the protection of the inheritance and its management

3.2 Transfer of hereditary property for safekeeping

Conclusion

List of sources used

Introduction

Inheritance law and inheritance is an important area in the life of modern civil society, where it is impossible to formulate inheritance rights without participation in the management of notarial records. The ability to transfer all your acquired property to close people by inheritance or to accept hereditary property has great importance, as this ensures a calm and confident position of a person in society, stability and reliability of relations.

All citizens Russian Federation are equal before the law and have equal rights in the field of inheritance law, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Meanwhile, inheritance law is closely connected with the notary. The notary in the Russian Federation is called upon to ensure the protection of the rights and legitimate interests of citizens and legal entities by performing by notaries the notarial actions provided for by legislative acts on behalf of the Russian Federation. The regulatory framework relating to inheritance law is quite extensive.

Today we live in a time when new laws are being adopted and amended. The same may apply to the current section on inheritance law of the Civil Code of the Russian Federation. The content of the right of inheritance includes not only the possibility of acquiring the property of a deceased citizen by other persons (the ability to inherit), but also the ability to dispose of it in case of death at one’s discretion (the ability to bequeath). In turn, the ability to bequeath property and the ability to inherit it are reflected in the content of the legal capacity of subjects of civil law. As elements of legal capacity, the corresponding opportunities are realized in specific legal relations. At the same time, not all arising legal relations acquire the quality of hereditary legal relations. So, the implementation of the ability to bequeath does not directly give rise to hereditary legal relations. However, the relations that develop in this case fundamentally influence the development of legal relations, the emergence of which is associated with the death of the testator. The close interconnection of such relations predetermines the need for their coordinated regulation. Consequently, the general goal of such regulation is the regulation of property relations in the event of the death of one of their participants.

It can be said that inheritance law consists of a complex of civil law norms that fix the conditions, procedure and limits for the transfer of the property of a deceased citizen to other persons. The most important regulatory legal acts governing the issue of notarial registration of the inheritance rights of citizens are the Constitution of the Russian Federation, the fundamentals of the legislation of the Russian Federation on notaries, federal laws, Civil Code of the Russian Federation.

graduation goal qualifying work- legal regulation of the order of inheritance, notarial registration of inheritance rights.

To achieve this goal, the following tasks were set:

Define the concept of inheritance rights, the essence of the procedures for their registration - consider the history of the formation and development of notarial activities in inheritance law

Determine the legal basis for the activities of a notary when registering inheritance rights

Consider the notarial procedure for making (certifying), canceling (changing) wills

To give a theoretical and legal description of the actions of a notary when opening an inheritance

To analyze the role and actions of a notary in the protection and management of an inheritance - to consider the role and actions of a notary at the stage when the heir enters into inheritance rights

Conduct problem analysis legal regulation rights and obligations of a notary when registering inheritance rights and ways to solve them

The object of the study is social relations arising in the process of inheritance and notarial registration of inheritance rights.

The subject of the study is the theoretical ideas of modern scientists about the nature of inheritance relations, the institution of a notary and the procedure for transferring rights during inheritance, as well as the norms of the current Russian legislation governing relations in this area.

This work consists of an introduction, three chapters in each chapter with two paragraphs, a conclusion and a list of sources used: inheritance law in Russia; taking measures to protect the inheritance and manage it; taking measures to protect the inheritance and manage it. Each of them outlines the most important aspects regarding the notary registration of the inheritance rights of citizens.

1 . Inheritance Law in Russia (Development of Inheritance Law in Russia)

1.1 The history of the development of notaries and inheritance law inRussia

The origin of the notary is associated with the development of civil circulation and civil society, the need to assist its subjects in exercising their rights and fulfilling their obligations, making transactions and securing acquired rights in legal form. The history of the notary is closely connected with the history of evidence, when oral evidence was replaced by written evidence.

The concept of "notary" comes from the Latin word "notarius", which means "scribe" in translation. Real Dictionary of Classical Antiquities. Edited by J. Geffken, E. Ziebart. - Teubner. F. Lubker. 1914..

The first source that mentions the rules governing hereditary legal relations is Russkaya Pravda of the 11th century. Inheritance in Russkaya Pravda was called “remainder” or “ass”, that is, what the deceased left behind. Among the things that pass in the order of succession are mentioned: movable property, house, yard, goods, slaves and cattle. Not a word is said about the lands, since, not yet being a private property, it could not be inherited. Inheritance by will was tantamount to inheritance by law (custom) Sazonov M.I. Russian notaries: history and modernity // Law. 2012. No. 9. 83-90 p. and made no difference.

In the event of the death of the testator "without a row" (that is, if the latter did not leave a will), he was inherited by family members and only they. Russkaya Pravda only claims inheritance after parents. After the father, children inherit from the wife, and not from slaves. From children, sons excluded daughters, who inherit only in the absence of the former. Daughters remained in the house until marriage, and the duty of providing them with a dowry was assigned to the brothers. Inheritance, in the absence of a will, was divided equally among the children without the benefit of seniority. Moreover, the house with the yard passed to the youngest son of N. Kuprin. The history of the Russian notary / / Russian Justice, 1997, No. 12, 31 p.

Since the time of Christianity, almost all family affairs were subject to the church, including: cases of inheritance, guardianship, approval of spiritual wills, division of hereditary property. The Pskov judicial charter (XV century) contained a provision according to which a written act was preferred over all others. The emergence of written evidence led to the emergence of the institution of notaries.

The Pskov Judicial Charter distinguishes between an inheritance left by will (“writ”) and an inheritance passing without a will (“otmorshina”). The former relationship between the two bases is broken and each receives an independent meaning. A will, called a "manuscript" or a "wire" is made in writing. The circle of persons called to inherit by law is expanded by including lateral relatives - nephews (“near tribe”). Inheritance rights are recognized not only for the wife after the husband, but also vice versa, moreover, for the use of all property. The charter calls for inheritance and ascendant relatives, father and mother.

In Rus', the issues of the formation of notarial bodies and the procedure for their activities were decided only by decrees of the tsar.

The written execution of legal transactions in the Moscow State is established by the Sudebnik of John Vasilyevich, which for the first time in the history of Rus' and the annals of the notaries was approved by Tsar John III Vasilyevich, by the highest Decree in 1497.

Tsar John IV Vasilyevich, takes over the baton of legal reform, started by his grandfather John III. The Sudebnik clearly stated that it was imperative that free people be strengthened into slaves and the release of slaves be carried out only by drawing up special letters. This prescription of Ivan the Terrible becomes a universally binding rule. At this time, all agreements on the consolidation of immovable estates were made "in writing" Yarmonova E.N. History and current state of inheritance rights in Russia. Armavir, 2015..

During the reign of Mikhail Fedorovich, the active participation of government authorities in the commission of private law acts and the preparation of documents is inherent, which had a conditioned influence on the gradually developing institution of the Russian notary. This fact is confirmed by the Decree of Mikhail Fedorovich of 1635, according to which "all loan agreements, deposits and loans had to be made without fail in writing under pain of their complete invalidity." Acts of buying yards in Moscow were recorded in the Zemsky order.

In the reign of Alexei Mikhailovich, the Code of Laws of the Russian State was drawn up - the Cathedral Code, adopted by the Zemsky Sobor. Actually the Cathedral Code of 1649 founded a whole era in the development of the Russian notarial institution. Professional scribes who performed notarial functions laid the foundation for the institution of public clerks. The role and importance of the "square" has increased since the Code of 1649. The Code strictly regulated the procedure for drawing up contracts.

Subsequently, up to the period of the reign of Peter I, we see the further development of the institution of inheritance by law - the legislator paid almost no attention to the development of inheritance by will.

In 1714, Peter I issued a decree on single inheritance and introduced the transfer of all property to one son. Peter was driven, first of all, by state (state) motives, because the fragmentation of estates during the division of inheritance reduced their economic value, which in turn led to a decrease in the amount of taxes received by the treasury. If the testator did not appoint himself an heir from his sons, then the property passed to the eldest of them. Consequently, the testamentary right returned to its starting point - the freedom of the testator consisted only in choosing a family member and wills in favor of strangers were not allowed. Faced with resistance, at that time, in Russian society, the decree on single inheritance of 1714 was canceled by Anna Ioannovna in 1731.

Edition in 1832-1833. part 1 of volume X of the Code of Laws Russian Empire(hereinafter referred to as the Code) was the result of the systematization of legislation in the field of inheritance law for the previous period.

On a legal basis, the definition of a will is found in vol. X, part 1. Art. 1010 of the Code, which states that a will is a legal declaration of the will of the owner about his property in the event of his death. This will must be expressed personally by the testator himself, and therefore representation in the testamentary act was not allowed. In addition to the fact that the will was a dying order about property, the law made it possible for the will to have orders directed to other items: the appointment of guardians for minor heirs (vol. X, part 1, article 227 of the Code), the appointment of an executor, an order for the funeral account. It was assumed that the content of the will could be exhausted by the order on the appointment of guardianship.

The law stipulated that all wills must be made in sound mind and solid memory (vol. X, part 1, article 1016). The validity of a will also presupposed that the testator had legal capacity at the time of drawing up the will (vol. X, part 1, article 1018). Minors (persons under the age of 21) did not have legal capacity. This significantly infringed on the testamentary rights of persons who married before the age of 21 and were called up for military service from the age of 20. Kuprina N. History of the Russian notary / / Russian justice, 1997, No. 42.

The person in whose favor the will was drawn up must have already been born or conceived by the time the inheritance was opened (vol. X, part 1, article 1026, 1106, paragraph 2 of the Code). Testamentary dispositions in favor of persons who could be born at an indefinite time were recognized as invalid.

In Russian pre-revolutionary inheritance law, we encounter legislative restrictions on the will of the testator. In the absence of the institution of a mandatory share in Russian pre-revolutionary inheritance law, the interests of the family were protected with the help of the institution of family property, which acted as a substitute for the mandatory share. The essence of this institution was that family estates did not belong to the free disposal of the owner either by will or by gift. The owner could dispose of ancestral property only in two cases:

1) if he had neither children nor other descendants in a straight line, relatives, and in this case, bypassing his closest heirs and regardless of the degree of kinship, a person could make a will in favor of any relative, but only “of that kind, from which the property bequeathed to the elected or heir was inherited” (vol. X, part 1, article 1068, paragraph 2 of the Code);

2) in the presence of relatives descending in a straight line, the testator had the right to leave his family estate or part of it to some descendants and even to one of them (vol. X, part 1, article 1058, paragraph 1 of the Code).

The legislator, nevertheless, provided for the possibility of bequeathing ancestral property to those persons who would have received this property without a will.

Based on the foregoing, we can conclude that in the pre-revolutionary period there was no legislative prohibition of conditional and urgent wills. Only in relation to ancestral property, conditional and urgent wills were inadmissible due to the fact that the right to them belonged to the heirs by virtue of the law itself.

An external condition for the validity of a will is compliance with the established form:

General form (notarial and home will), or

A special form, which was an exception to the first and was allowed only in cases established by law, subject to certain conditions.

In all cases, only the written form was recognized and verbal wills had no force (vol. X, part 1, article 1023 of the Code).

In addition to these general forms of wills, Russian pre-revolutionary inheritance legislation also allowed special forms of wills: military, naval, hospital, foreign, peasant, the essence of which is easy to determine based on their name.

According to the laws in force until 1917, the will, upon the death of the testator, had to be submitted to the court in compliance with the deadlines for approval for execution (vol. X, part 1, article 1060 of the Code). The following terms were determined: for those in Russia - 1 year, and for those abroad - 2 years from the date of the death of the testator (vol. X, part 1 of article 1063 of the Code). After the expiration of the specified terms, the will was not accepted for execution and became void (vol. X, part 1, article 1065 of the Code). This period could be restored if the heir provided irrefutable evidence that the deadline for approval for execution was missed as a result of the heir's ignorance of the existence of the will, or for another good reason. In this case, the latter was given the right to claim until the expiration of the general zemstvo prescription from the date of the death of the testator (vol. X, part 1, article 1066 of the Code).

The execution of the will of the testator could be entrusted both to the heirs themselves and to a specially appointed person (not necessarily in the will itself - another act was also allowed, drawn up in compliance with the requirements for the will, persons (vol. X part 1 of article 1084 of the Code) ). Employees of quarantine institutions could not be executors, if the will was drawn up by a person during his stay in this institution(vol. X, part 1, article 10785 of the Code). Also, persons who signed the will as witnesses could not be appointed as executors (vol. X, part 1, article 1054, paragraph 3 of the Code). The executor did not have the right to demand compensation from the heirs for his actions, or independently separate him from the hereditary mass. The testator, however, could appoint him a reward under the testamentary deed.

In the will it was allowed to provide for the procedure for the division of the inheritance, not only indicating the shares of the heirs, but also the methods for the actual implementation of the division. Moreover, the testator could directly entrust the production of the division to the executor. If the testator passed over in silence the issue of division, the law provided the heirs themselves to carry out the division amicably (vol. X, part 1, article 1315 of the Code). In the event that the heirs did not reach agreement on this issue, a judicial procedure was provided for the division of the inheritance after 2 years from the time the request was submitted to the court for division by any of the co-heirs (vol. X, part 1 of article 1315, 1317, 1318 of the Code). A section document or a separation act was a separate entry made according to the “Regulations on the notarial part” (vol. X, part 1, article 1337 of the Code).

In 1863, the "Regulations on the notarial part" were approved. It is characterized by the emergence and operation of a single multifunctional institution of notaries, as a form of public activity of independent notaries authorized by the state to perform notarial acts.

The regulation has absorbed all the new, advanced that has been developed abroad in relation to both the organizational forms of building a notary and the rules for performing notarial acts. It strictly regulated the number of notaries in Russia. It was determined based on the circumstances and population of each locality, and was established by a special timetable, which was drawn up by the Ministry of Justice in agreement with the Ministry of Internal Affairs and the Ministry of Finance.

In accordance with the Rules, “a notary could be a Russian citizen who had reached the age of majority (21 years old), not defamed by a court or a public sentence, who did not hold any other position, who had successfully passed the test and paid a bail.” There was also a requirement to take an oath. The notary was prohibited from performing notarial acts in his own name, in the name of his wife and other relatives, as well as in relation to the ward, adoptive parent and adopted child. These requirements are similar to the provisions of articles 2, 6, 14, 47 "Fundamentals of the legislation of the Russian Federation on notaries" (approved by the Supreme Court of the Russian Federation on February 11, 1993 N 4462-1) (as amended on July 3, 2016) (as amended and supplemented, entered into force on 01/01/2017) "Fundamentals of the legislation of the Russian Federation on notaries" (approved by the Supreme Court of the Russian Federation on 02/11/1993 N 4462-1) (as amended on 07/03/2016) (as amended and supplemented, entered into force from 01.01.2017)// ATP Consultant plus regarding the requirements for notaries in the Russian Federation, restrictions on the activities of a notary, a notarial oath, restrictions on the right to perform notarial acts, and a pledge is a kind of analogue compulsory insurance notarial activity, provided for by Art. 18 Fundamentals.

Also similar to the current norms of the "Provisional Rules" Type of legislative act in the Russian Empire. Regulated issues of state and public life before the adoption of the law. Considered in the Committee of Ministers, approved by the emperor. Sometimes they were in force for many years (for example, temporary rules on the press instead of censorship regulations in 1865-1917). regarding the rules for performing notarial acts. Every time the parties turned to the notary with a request to perform a notarial act, he, first of all, had to make sure of their “self-identity”, in one of the following ways: personal acquaintance with the client, identification through witnesses, through documents. Modern legislation (Article 42 of the Fundamentals) Art. 42 "Fundamentals of the legislation of the Russian Federation on notaries" (approved by the Supreme Court of the Russian Federation on February 11, 1993 N 4462-1) (as amended on July 3, 2016) (as amended and supplemented, effective from January 1, 2017) // ATP Consultant plus provides only documentary identification.

The verification of the legal capacity and capacity of the parties was carried out by age, as well as with the help of a certificate of restriction and deprivation of legal capacity. A modern notary, also in the event of doubts about the legal capacity of a person and in the absence of a court decision on deprivation or restriction of legal capacity, can initiate court proceedings to resolve this issue by contacting interested parties.

After checking the identity and legal capacity, the notary was obliged to make sure that the act to be committed or certified did not contradict the law. The notary must refuse to commit an illegal act, while giving the parties the opportunity to appeal against his actions in court.

For the performance of notarial acts, notaries charged a fee determined by agreement with the client, and if such an agreement was not reached, according to the Temporary Tax approved on July 27, 1867. The temporary fee provided for proportional payment depending on the amount of the act or a fixed fee for actions that were not subject to assessment. For actions performed outside the office, as well as for compensation for the time spent, a fixed additional fee was provided. Currently, such a fee is called a notary fee, is also determined by agreement of the parties and must correspond to the amount established by law only in cases where the law provides for a mandatory notarial form of performance for the performance of actions.

The judicial statutes of Emperor Alexander II also developed the Regulations on the notarial part, which is based on three notarial legislation Western Europe: French - 1813, Austrian 1845 and Bavarian 1861. The result of this legislative activity were two projects - 1863 and 1866. On April 14, 1866, the second draft of the Regulations was approved. Along with its introduction, all the former notaries and brokers, except for stock brokers, ceased their activities.

The new government that came to power in Russia in October 1917 rejected the pre-revolutionary system of notarial institutions. The complete elimination of private property, the introduction of non-commodity and non-monetary principles into economic life, the exaltation of state property made the figure of a notary unnecessary.

The first notarial institutions in the RSFSR were the people's notarial chambers, created in 1919 and located at the legal departments of the executive committees of local Soviets.

The transition to the New Economic Policy and the growth of civil turnover associated with it aroused the interest of the authorities Soviet power to the office of a notary. So, on October 4, 1922, the "Regulations on the Notaries" was approved. In all cities of the RSFSR, state notary offices were established, the number of which was established by local executive committees and approved by the People's Commissariat of Justice.

Civil Code of 1923 in Art. 422 contained a legal definition of a will, namely, a will was recognized as “an order made by a person in writing in the event of death to provide property to one or more specific persons from among those specified in Art. 418 (circle of heirs by law) or on its distribution among several or all of these persons in a different manner than provided for in Art. 420". In a later edition of Art. 422 the definition of a will was omitted.

The will had to contain the definition of those persons to whom, in the event of the death of the testator, the rights specified in the will should pass, i.e. it had to contain an indication of the heirs. Orders in which the heirs were not determined in one way or another could not be considered as a will.

As for the definition of the circle of heirs in the will, the law did not contain any special rules on this issue. It was not required to indicate in the will the full surname, name, patronymic of the heir. His name “wife”, “husband”, “eldest son” was recognized as quite acceptable. But in this case, the person who was the spouse of the testator at the time of the opening of the inheritance was recognized as the heir, since, for example, the divorced spouse from the moment the divorce decision was registered with the registry office was no longer the heir by law, and an outsider could become the heir by testament only in the absence of legal heirs.

A will, as one of the types of transaction, was subject to all the basic provisions of Soviet civil law that applied to any transaction.

The main changes to the Civil Code in terms of inheritance were made in 1945, which lived almost unchanged until the adoption of the Civil Code of the RSFSR in 1964. Remanovsky G.P., Remanovskaya O.V. Organization of notaries in Russia. - M., 2001, p. 25

According to Art. 534 of the Civil Code of the RSFSR, every citizen was given the right to leave all his property or part of it (not excluding ordinary household items and household items) to one or more persons, both included and not included in the circle of heirs by law, as well as to the state or individual government organizations. By virtue of the same article, the testator could, in a will, deprive one, several or all heirs of the right to inherit by law.

According to Art. 540, 541 of the Civil Code of the RSFSR, only written wills certified by certain officials were recognized as valid. In accordance with the provisions of these articles, as well as Art. 13 of the Law of the USSR "On the State Notaries", approved by the Supreme Soviet of the USSR on July 19, 1973. The Law of the USSR of July 19, 1973 "On the State Notaries" "Vedomosti of the USSR Armed Forces", 1973, N 30, art. 393., the will had to be drawn up in writing, indicating the place and time of its preparation, personally signed by the testator and duly certified.

Of the most important restrictions on the freedom of wills, familiar to the Soviet inheritance law of the analyzed period, we will single out the provisions provided for in Art. 535 of the Civil Code of the RSFSR. According to the article, minor or disabled children of the testator (including adopted ones), as well as disabled spouses, parents (adoptive parents) and dependents of the deceased, inherit, regardless of the content of the will, at least two-thirds of the share that would be due to each of them in the inheritance by law.

Other restrictions applied to cars issued to disabled servicemen free of charge or purchased by them at a reduced price, to unfinished houses, buildings of the testator in horticultural associations. According to the clarification of the Ministry of Justice of the RSFSR and the Ministry of Social Security of the RSFSR, the will of a disabled person who received a car free of charge to his son, who is not a member of his family, was declared invalid. The situation was similar when inheriting a car bought by a disabled person at a reduced price. In the absence of family members, other heirs, including those appointed in the will, were not entitled to claim the car in kind and received only a part of the proceeds from the sale of it on a commission basis Afanasyeva E.A. Socio-legal reasons for reforming notarial activities in the second half of the 19th century // Historical and legal problems: A new perspective. 2014. No. 10. S. 5-25..

The restoration of the notary should also be considered as the emergence of a new type of activity of the state - state notarial services for citizens and legal entities, associated with checking the legality of their activities. The notarial authorities were charged with the execution and certification of contracts and transactions, the execution of promissory notes protests, the certification of indisputable circumstances and the registration of arrests imposed on non-municipalized buildings and building rights.

As a result, on February 11, 1993, the Supreme Council of the Russian Federation adopted the Fundamentals of the Legislation of the Russian Federation on Notaries, which entered into force on March 13, 1993 and radically changed the organizational basis for building a notary in Russia.

Along with the preservation of the state notaries, a private form of notarial activity was introduced, which existed in Russia until 1917. The public notary, transferring the entire fee for the performance of notarial acts to the state, receives from him a guaranteed salary, and the notary engaged in private practice, collects the tariff, which remains with him in full (with the exception of taxes and other payments provided for by law).

In our work, we do not have the opportunity to consider in detail the stages of the formation of Russian inheritance legislation. This work involves the consideration and comparison of provisions borrowed from the previous stage of history, characteristic of the new stage.

The introduction in 2002 of the third part of the Civil Code of the Russian Federation was another step in the formation modern stage development of inheritance law in Russia.

1.2 General provisions on the inheritance rights of citizens

Based on Part 4 of Art. 35 of the Constitution of the Russian Federation guarantees the right to inherit. Thus, the state shows its readiness to promote the stability of property relations in society, and, above all, the protection of private property. The consolidation of the guarantee of the right to inherit is a natural response, an action of the state social policy aimed at creating conditions that ensure a decent life and free development of the individual.

Separate deviations from this general provision, and in particular the possibility of some individuals using the benefits received for an asocial lifestyle, should not affect the generally positive direction of the constitutional guarantee under consideration. It must also be borne in mind that the implementation of the constitutional guarantee of the right to inherit is aimed at ensuring private interests and their optimal coordination with the interests of the whole society. While guaranteeing the right to inherit, the Constitution of the Russian Federation does not provide for absolute freedom of inheritance. Like some other rights and freedoms, the freedom of inheritance may be limited by the legislator to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. In other words, such restrictions are permissible if they are reasonable and proportionate.

There is an example provided by the current legislation - the rule on the mandatory share in the inheritance, which restricts the freedom of the will. The execution of the right of inheritance makes it possible to ensure the transfer of property belonging to a deceased citizen to other persons. At the same time, the content of the right of inheritance includes not only the possibility of acquiring the property of a deceased citizen by other persons (the ability to inherit), but also the opportunity for the owner of the property to dispose of it in case of death at his own discretion (the ability to bequeath) Civil law: a textbook, - ed. MM. Rassolova, P.V. Alexia, A.N. Kuzbagarova, pp. 851-853.

Chapter 61 of the Civil Code of the Russian Federation clearly regulates the general provisions relating to inheritance (as succession) in general. First of all, the very concept of inheritance, its foundations, the composition and opening of the inheritance, as well as the time, place of the opening of the inheritance, persons who can, and persons who cannot be called upon to inherit are highlighted.

Inheritance is understood as the transfer of the property of the deceased (his inheritance, hereditary property) to other persons in the order of universal succession. Consequently, the law enshrines the definition of inheritance, which has long been established in theory, as succession, moreover, universal succession.

As a general rule, the inheritance passes to the heirs in the order of universal succession, i.e. in an unchanged form as a whole and at the same moment.

Inheritance is property and personal non-property rights and obligations belonging to the testator at the time of opening, which do not stop with his death and pass to the heirs. Korneeva I.L. Inheritance law of the Russian Federation. Textbook and workshop / Moscow, 2015. Ser. 61 Bachelor and Master. Academic Course (3rd ed., trans. and additional) from 7.

According to Art. 1112 of the Civil Code of the Russian Federation, the composition of the inheritance (hereditary property) includes things, other property, including property rights and obligations that belonged to the testator on the day the inheritance was opened. Only those property rights that belonged to the deceased during his lifetime pass by inheritance.

The composition of property rights includes the property right belonging to the deceased, the right of inheritable possession, the right to savings in loans, the right to receive royalties, the right to receive a share in business partnerships.

Citizens may own property for industrial purposes (enterprises, complexes of trade, consumer services, buildings, structures, equipment, transport).

These objects are also inherited. A piece of land may be owned or held for life. If the heir was a member of a housing-construction, dacha or garage cooperative and fully contributed his share and died before 07/01/1990, his heirs become the owners of this.

Some property belonging to the testator may be classified as limited transferable things, for example: weapons, strong and poisonous substances. And to accept this inheritance, you need special permission.

The inheritance property also includes the debts of the testator, outstanding by him at the time of death. The heirs who have accepted the inheritance are liable for the debts of the testator.

Inheritance does not include:

* rights and obligations that are inextricably linked with the personality of the testator (the right to alimony, to compensation for harm caused to the life or health of a citizen);

* rights and obligations, the transfer of which is not allowed by the Civil Code of the Russian Federation or other laws;

* personal non-property rights and other intangible benefits.

Inheritance is carried out by will and by law. The owner of the property, at his own will, can determine the persons to whom the property should pass after death (inheritance by will).

Will - a personal order of a citizen in the event of death regarding his property with the appointment of heirs, made in the form prescribed by law. A will is a unilateral transaction that must be kept secret by the persons who draw it up or participate in its execution.

The will must be made in writing and certified by a notary, it is possible with a witness.

You can cancel a will by submitting an application to a notary's office. A testament once canceled cannot be restored as a new one.

If the testator, due to a serious illness or illiteracy, cannot sign the will with his own hand, then at his request it can be signed by another citizen in the presence of a notary.

The testator has the right to make a closed will. It must be handed over by the testator in a sealed envelope to a notary in the presence of two witnesses behind their signatures.

In emergency circumstances, a will may be made in a simple written form. It must be personally signed in the presence of two witnesses.

The will is drawn up in a notary's office, preferably at the place of residence.

Wills of citizens are equated to notarially certified wills:

1. located in hospitals, nursing homes and disabled people, certified by chief physicians;

2. at sea, certified by the captains of the ships;

3. who are on reconnaissance, Arctic expeditions, certified by the heads of such expeditions;

4. military personnel located at the points of deployment of military units, certified by the commanders of the units;

5. those in places of deprivation of liberty, certified by the heads of such places.

At the time of drawing up the will, the testator must be in a clear mind, solid memory, aware of his actions. Failure to comply with these conditions entails the recognition of the will as invalid, and the will made before March 1, 2002, if it does not meet the requirements for the form of the will of the Civil Code of the RSFSR of 1964, is also recognized as invalid.

Article 1121 of the Civil Code of the Russian Federation states that every citizen can make a will in favor of one or more persons, both included and not included in the circle of heirs by law, as well as legal entities or the state.

The most important requirement for the content of the will is the legitimacy of the instructions of the testator, the verification of which is carried out by the official who certifies the will.

A will can be contested if it infringes on the interests of disabled relatives of the deceased. Such relatives often have the right to a mandatory share in the inheritance, which is not canceled by a will.

To recognize a person as an heir under a will, the following legal facts are required: the death of the testator, the existence of a will, entering the circle of persons in whose favor a will was made, etc. If the deceased did not leave a will, the rules on inheritance by law apply. By virtue of this, the circle of persons to whom the property must pass after the death of the owner, the order of their calling to inherit are determined only by law. The basis for the call to inherit under the law are the legal facts provided for by law, namely: the death of the testator, the relationship of the heir to the testator or the adoption of the heir by him, the state of the heir in marriage with the testator, etc.

According to Art. 1113 of the Civil Code of the Russian Federation, the inheritance opens with the onset of certain legal facts - the death of a citizen or the declaration by the court of a citizen as dead. Only from the moment the inheritance is opened, the heir can exercise his right to the inheritance - accept it or refuse the inheritance. The day of the opening of the inheritance is considered the day of the death of a citizen.

When a citizen is declared dead, the day of opening the inheritance is the day the court decision on declaring the citizen dead comes into force, and in the case when, in accordance with paragraph 3 of Art. 45 of the Civil Code of the Russian Federation, the day of death of a citizen is recognized as the day of his alleged death - the day of death indicated in the court decision. At the same time, citizens who died on the same day are considered, for the purposes of hereditary succession, to have died at the same time and do not inherit from each other. In this case, the heirs of each of them are called to inherit.

The place of opening of the inheritance is the last place of residence of the testator. If the place of residence of the testator who possessed property in the territory of the Russian Federation is unknown or is located outside its borders, the location of such hereditary property is recognized as the place of opening of the inheritance in the Russian Federation. If such property is located in different places, the place of opening of the inheritance is the location of the immovable property included in it or the most valuable part of this property, and in the absence of immovable property, the location of the latter or its most valuable part. The value of property is determined based on its market value. Citizens who are alive on the day of the opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, may be called to inherit.

The following may also be called upon to inherit by will:

* the legal entities indicated in it, existing on the day of the opening of the inheritance;

* Russia, its subjects, municipalities, foreign states and international organizations.

“The object of hereditary relations is the hereditary mass, which consists of the rights and obligations of a deceased citizen (testator), passing to his heirs. According to Russian law, property legally owned by the testator can be inherited. Neither unauthorized buildings or premises, nor seized land plots can be transferred by inheritance. Thus, the rights of the testator to the property must be unconditionally confirmed ”Grudtsyna L.Yu., Dmitriev Yu.A., Jurisprudence: Textbook, p.339.

The subjects of inheritance legal relations are the heir and the heir.

The successor (an individual who owns the property) can be any individual, including incapacitated or partially incapacitated. Disposing of property in the event of death by drawing up a will can only be a citizen who at the time of its commission has full legal capacity (Article 1118 of the Civil Code of the Russian Federation). Making a will through other persons - guardians, trustees, representatives is not allowed due to the fact that the will must be made personally.

Heirs may be:

When inheriting by law - citizens who are alive at the time of the death of the testator, as well as children of the testator who were born alive after his death, and the Russian Federation;

In case of inheritance by will - citizens who are alive at the time of the death of the testator, as well as those conceived during his lifetime and born alive after his death; legal entities existing on the day of opening the inheritance; Russian Federation; subjects of the Russian Federation; municipalities; foreign states; international organizations.

In the norms of civil law, there is such a thing as unworthy heirs - these are citizens who have lost the right to inherit or are removed from inheritance by the court due to their unlawful behavior towards the testator.

Thus, citizens cannot inherit either by law or by will if, by intentional unlawful actions directed against the testator, one of his heirs or against the implementation of the last will of the testator expressed in the will, they contributed or tried to facilitate the calling of themselves or other persons to inheritance. . Or if these persons contributed or tried to contribute to an increase in the share of the inheritance due to them or other persons, if these circumstances are confirmed in court. But if, after the loss of the right to inherit by such citizens, the testator still bequeathed his property to them, they have the right to inherit it. Parents do not inherit by law after children in respect of whom the parents were deprived of parental rights in a judicial proceeding and were not restored in these rights by the day the inheritance was opened.

According to paragraph 2 of Art. 1117 of the Civil Code of the Russian Federation, at the request of the person concerned, the court shall remove from inheritance by law citizens who maliciously evaded the fulfillment of their legal obligations to support the testator, for example, the obligation of adult able-bodied children to support disabled needy parents.

The hereditary mass (inheritance) is a set of things belonging to the testator on the day the inheritance was opened, as well as other types of property, including property rights and obligations. Escheat property is the name of the estate in the event that there are no heirs, both by law and by will. Either none of the heirs has the right to inherit, or all the heirs are removed from the inheritance, or none of the heirs accepted the inheritance, or all the heirs renounced the inheritance and none of them indicated that they were refusing in favor of another heir. The escheated property passes by way of inheritance under the law into the ownership of the Russian Federation.

For example, the Committee for the Management of Municipal Property of the Administration of the City District of Togliatti applied to the Togliatti City Court with a request to recognize the property as escheated. In this application, in order to recognize the property as escheat, KUMI asked the court to demand from the registration service Samara region copies of the death certificate of the owner, as well as to demand from the Togliatti notarial district of the Samara region information about the presence of heirs and the inheritance case.

To solve this problem, the KUMI of the administration of the city district of Tolyatti must find witnesses, as a rule, persons living in residential premises bordering on escheated property, who can confirm the absence of actual acceptance of the inheritance, i.e. lack of residence of heirs, the absence of the fact of burial of the deceased by potential heirs.

In addition, the actual acceptance of the inheritance is refuted by the availability of information from the migration service, as well as information from the Department of Housing and Public Utilities of Togliatti about the absence of registered persons in the disputed premises.

Thus, we can conclude that the general provisions on inheritance and inheritance rights in Russia contain many features and subtleties, and the slightest inconsistency with the requirements of the law may entail certain legal consequences.

2. Certificate of Inheritance

2.1 The concept and procedure for issuing a certificate of right to inheritancedstvo

The certificate of the right to inheritance is issued by a notary at the place of opening of the inheritance in accordance with Chapter VIII of the Fundamentals of the Legislation of the Russian Federation on Notaries.

A certificate of the right to inheritance is a public document confirming the right to the hereditary property indicated in it, a certificate is issued at the request of the heir at the place of opening of the inheritance by a notary or an official authorized in accordance with the law to perform such a notarial act.

Obtaining a certificate of the right to inheritance is not the responsibility of the heir. The heir who accepted the inheritance becomes the owner of this property from the date of opening of the inheritance, regardless of whether he received a certificate of the right to inheritance or not. The right to movable property can be confirmed by the very fact of ownership. Still, if we are talking about real estate (residential houses, apartments, land plots), state registration, which is mandatory, and other property subject to special registration, as well as securities, cash deposits and other rights issued in the name of the deceased. Only a certificate of the right to inheritance will be the basis for re-registration of property rights and the possibility of exercising other rights. It is on this basis that the text of the issued certificate indicates the need to conduct appropriate registration if the inheritance contains property subject to registration.

The certificate of the right to inheritance is a legal basis for all organizations, officials and citizens to consider as the heirs of the deceased only persons named in the certificate only for the property indicated in the certificate. The notary, after performing this notarial action, invites the heirs to certify the accuracy of the certificate of the right to inheritance presented to the related authorities for re-registration of property (a mark on the registration of a residential building is made on the original certificate) and explain the procedure for re-registration.

In accordance with civil law, a certificate of the right to inheritance is issued by law in the following cases: the testator did not draw up a will; the testator bequeathed only part of his property; testamentary heirs did not accept the inheritance; testamentary heirs renounced the inheritance in favor of legal heirs; heirs by will on a part of the property renounced the inheritance, without indicating in favor of whom they renounce; testamentary heirs are excluded from inheritance as unworthy.

In order to obtain a certificate of the right to inheritance, the heir who has accepted the inheritance shall apply with a corresponding application to a notary (consular office). The application is made in any form and can be submitted in person. In this case, the notary establishes the identity of the heir and verifies the authenticity of his signature, which makes a note on the application indicating the name of the presented document proving the identity of the heir.

The application can also be transmitted through third parties, sent by mail. In this case, the signature of the heir on the application must be certified by a notary or by bodies or officials who have been granted the right to perform notarial acts, in particular, to certify wills. Only if the basic requirements are met, the application acquires legal force.

Consider the situation: if, for example, on the received application for the issuance of a certificate, the heir’s signature is not certified, the heir will be asked to send a properly executed application or personally appear before the notary Bespalov Yu.F., Kasatkina A.Yu., Kameneva Z.V., Eriashvili N. D. Inheritance law. A textbook for university students studying in the specialty "Jurisprudence" / Edited by Yu.F. Bespalov. Moscow, 2015. (2nd edition, revised and expanded). When an heir applies to a notary office, the notary is obliged to conduct a conversation with him, explain his rights and obligations, and clarify the necessary information. In particular, the notary establishes the permanent place of residence of the testator in order to determine the notary office that will issue a certificate of the right to inheritance, the date of death of the testator and the timeliness of the heir's appeal on the issue of receiving the inheritance. The notary finds out whether there is a will, as well as the composition and location of the hereditary property, the need to take measures to protect it (production of an inventory of property).

The notary must recommend to the heir to apply for a certificate of inheritance or an application for acceptance of the inheritance. These recommendations are necessary so that the heir does not miss the six-month period for accepting the inheritance, hand over to the heir a memo indicating the list of documents to be presented to the notary's office, explaining that the documents can be sent to the office by registered mail with acknowledgment of receipt and drawing up an inventory attachments. There are cases in judicial practice of establishing the fact of kinship, without which the acceptance of an inheritance is impossible.

2. Which relatives can claim the inheritance by law?

In the case of inheritance by law (if the deceased did not leave a will or inheritance contract), the property is distributed in equal shares among the heirs of the first stage. If there are no heirs of the first stage or they did not declare their rights to the inheritance (or wrote a waiver), the second stage inherits, and so on. There are eight succession lines in total:

heirs of the first stage - children, spouse and parents of the testator;
heirs of the second stage - full and half brothers and sisters of the testator, his grandfather and grandmother both on the father's side and on the mother's side, children of full and half brothers and sisters of the testator (nephews and nieces of the testator);
heirs of the third stage - full and half brothers and sisters of the testator's parents;
heirs of the fourth stage - great-grandfathers and great-grandmothers of the testator;
heirs of the fifth stage - children of the testator's nephews and nieces (cousins and granddaughters) and siblings of his grandparents (cousin grandparents);
heirs of the sixth line - children of cousins and granddaughters of the testator (cousin great-grandchildren and great-granddaughters), children of his cousins and sisters (cousins and nieces) and children of his cousins \u200b\u200bgrandparents (cousins and aunts);
heirs of the seventh stage - stepsons, stepdaughters, stepfather and stepmother of the testator;
heirs of the eighth stage - those who are not included in the circle of heirs of the previous seven stages, but by the day the inheritance was opened
Disabled are:
- minors;
- citizens who have reached the age giving the right to establish labor pension in old age, regardless of the appointment of an old-age pension;
- citizens recognized in accordance with the established procedure as invalids of groups I, II or III, regardless of the assignment of a disability pension to them.
">disabled
and not less than a year before the death of the testator were on his Dependent - a person who received from the testator in the period of at least a year before his death, regardless of family relations full content or such systematic assistance, which was for him a constant and main source of livelihood, regardless of his own earnings, pensions, stipends and other payments. and lived with him. If there are other heirs by law, they inherit together and on an equal footing with the heirs of the line called for inheritance. In the absence of other heirs, as well as in cases where none of the heirs of the previous stages has the right to inherit (either none of them accepted the inheritance or all of them refused it), such disabled dependents inherit independently as heirs of the eighth stage.

3. Who can claim a mandatory share in the inheritance?

The freedom of will is limited by the rules on compulsory share. This means that if you are entitled to a mandatory share of the estate, then you inherit your share regardless of the content of the will or inheritance contract. The following are entitled to a compulsory share in the inheritance:

minor or disabled children of the deceased;
disabled spouse and parents of the deceased;
disabled dependents of the deceased.

Such heirs are entitled to receive inheritance property in the amount of not less than half of the share that would be due to them in case of inheritance by law, even if they are indicated in the will, but they were bequeathed less than half of the share due by law.

When determining the size of the mandatory share in the inheritance, it is necessary to take into account the value of all property left by the deceased (both in the bequest and in the unbequeathed part), including ordinary household items and household items, and take into account all heirs by law who would be called to inherit this property. property.

"> The obligatory share is allocated from the bequeathed property only if all the bequeathed property is bequeathed or its unbequeathed part is not enough to exercise the right to the obligatory share. At the same time, the legislation provides for the possibility of reducing the obligatory share, but not increasing it. This is possible in a situation where the receipt of an obligatory share will not make it possible to transfer to the heir under the will the property that the heir entitled to the obligatory share did not use during the lifetime of the testator, and the heir under the will used for living or used as the main source of livelihood (for example, tools, creative workshop, and so on)."> in a number of cases, the heirs have the right to demand in court to reduce the mandatory share or refuse to award it.

If the heir claims property from the inheritance fund, he will not receive a mandatory share. The heir may waive the rights (clause 5 of article 1124 of the Civil Code of the Russian Federation) to the property of the inheritance fund in favor of the mandatory share.

4. What is "inheritance by will"?

With the help of a will, you can dispose of property in the event of death as follows:

to bequeath property (including that which is planned to be acquired in the future) to any persons, both included and not included in the circle of heirs by law;
to determine in any way the shares of heirs in the inheritance;
deprive one, several or all legal heirs of an inheritance without explanation;
indicate in the will another heir (sub-appoint an heir) in case the first heir appointed by him or the heir by law dies or for some reason does not accept the inheritance;
impose on one or more heirs by will or by law the performance of any obligation of a property nature at the expense of the inheritance;
impose on one or several heirs by will or by law the obligation to perform any action of a property or non-property nature, including the act of burying the testator in accordance with his will;
impose on one or several heirs the obligation to maintain domestic animals belonging to the testator and to take care of them;
appoint an executor (testamentary executor), regardless of whether such a person is an heir; executors can be natural and legal persons who have expressed their consent;
include other provisions in the will.

A will may be made by one person or In the joint will of the spouses, they have the right to determine the consequences of the death of each of them, including those that occurred simultaneously. A joint will of the spouses becomes invalid if the marriage is dissolved or the marriage is declared invalid both before and after the death of one of the spouses. One of the spouses at any time, including after the death of the other spouse, has the right to make a subsequent will, as well as cancel their joint will.

">together with a spouse. The freedom of will is limited by the rules on the mandatory share in the inheritance. The will is a secret and is disclosed only after the opening of the inheritance. At the same time, the testator can cancel or change his will at any time before death and is not obliged to inform anyone about this.

The will must be drawn up in writing in the personal presence of the testator, capable at that time, and certified by a notary. Certification of a will by other persons is allowed in

if the right to perform notarial acts is granted by law to officials of local governments and officials of consular institutions of the Russian Federation;

if the will is equated to a notarized one (wills of citizens who are in medical organizations in stationary conditions; who are on ships flying the flag of the Russian Federation during navigation; who are on expeditions; military personnel; who are in places of deprivation of liberty) and certified by an authorized person, at the same time, the joint will of the spouses and the inheritance contract cannot be certified in this manner;

if we are talking about a testamentary disposition of rights to funds in a bank, it must be signed by the testator with his own hand, indicating the date of its compilation and certified by an employee of the bank who has the right to do so.

">exceptional cases. In addition, the testator may Such a will is drawn up and signed by him personally, and then transferred to a notary in a closed envelope in the presence of two witnesses. Joint wills of spouses, inheritance contracts, as well as wills containing a decision to establish an inheritance fund, cannot be closed.

"> a closed will, the contents of which will not be known to anyone until his death.

If you are Joint wills of spouses, inheritance contracts, as well as wills containing a decision to establish an inheritance fund cannot be made in emergency circumstances.

"\u003e in emergency circumstances that threaten your life, you have the right to draw up and sign a will in simple writing in the presence of two witnesses. After the extraordinary circumstances have passed and the testator remains alive, such a will becomes invalid one month after the termination of such circumstances, if the testator did not bring it into the form prescribed by law.

An inheritance contract takes precedence over a will.

5. What is an inheritance contract?

The fundamental difference between a will and an inheritance contract is that the heirs under the inheritance contract are aware of the will of the testator and the conditions that must be met in order to receive an inheritance, while the heirs under the will are not, since the will is a secret.

An inheritance contract is concluded between the testator and any of the persons who may be called upon to inherit, and may contain:

conditions that determine the circle of heirs and the procedure for the transfer of rights to property to the parties to the contract and third parties who survived the testator;
the condition of an executor;
the obligations of the parties to the contract to perform any property or non-property actions that do not contradict the law;
stipulated These may be circumstances of which it is not known whether they will occur or not on the day of opening the inheritance, including circumstances that are completely dependent on the will of one of the parties., depending on which consequences will occur.

The freedom of the inheritance contract is limited by the rules on the mandatory share in the inheritance.

The inheritance contract is signed by all parties and certified by a notary. If one of the parties to the agreement renounces the inheritance, the agreement still remains in force in relation to the rights and obligations of its other parties.

The testator has the right to cancel such an agreement unilaterally at any time, but all parties to this agreement must be notified of this, and then they must be compensated for losses associated with the execution of the agreement.

After the conclusion of the inheritance contract, the testator has the right to dispose of the property belonging to him as he wants, even if this deprives the person who may be called to inherit the rights to this property.

An inheritance contract takes precedence over a will.

6. Who cannot receive an inheritance?

heirs who illegally tried to promote the calling of themselves or other persons to inherit or increase the share of the inheritance due to them or other persons. They lose the right to inherit both by law and by will. However, if the testator bequeathed property to them after they had lost the right to inherit, they have the right to inherit this property;
parents deprived of parental rights cannot legally inherit after children;
heirs who are required by law to support the testator, but maliciously evaded the fulfillment of these duties. They can be removed from inheritance by law by the court.

7. What can be inherited and what is not?

The composition of the inheritance includes things belonging to the testator on the day of death, other property, including property rights and obligations. Each of the heirs is liable for the debts of the testator within the value of the property transferred to him.

The rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, are not included in the inheritance.

Personal non-property rights and other intangible benefits are not included in the inheritance.

8. What documents do you need to apply to a notary?

To accept an inheritance, you need to apply to a notary with an application for acceptance of the inheritance or with an application for issuing a certificate of inheritance. You need to contact a notary where it was Moscow notaries have the right to open inheritance cases in respect of the property of the deceased, who lived in the city of Moscow on the day of death. An inheritance case in respect of the property of citizens who died after July 31, 2005 may be opened at any notary in the city of Moscow. An inheritance case in respect of the property of citizens who died before July 31, 2005, is opened at the notary of the city of Moscow, to whom the address of the deceased was assigned (the principle of opening inheritance cases along the streets).

"> open inheritance (according to the last If the last place of residence of the testator who possessed property in the territory of Russia is unknown or is located outside its borders, the location of such hereditary property is recognized as the place of opening of the inheritance in Russia. If the property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined on the basis of its market value. testator).

The following documents must be attached to the application for entry into the inheritance or for the issuance of a certificate of the right to inheritance:

death certificate (original);
a will with a mark of a notary's office (or a notary who certified the will, or a notary who keeps the archive) that the will was not canceled or changed (original) - if the inheritance is drawn up according to the will;
inheritance contract - if the inheritance is drawn up under a contract;
documents (original) confirming family relations with the deceased (birth certificate, marriage certificate, name change certificate, divorce certificate, certificate of adoption, adoption, etc.) - if the inheritance is drawn up according to the law;
Housing records are issued either to residents registered at the address of the deceased, or legal entities. If you are not registered in the apartment (house) of the deceased, you will first have to contact a notary with a request to draw up a request for housing registration documents, then get them at the My Documents center, housing cooperative, HOA or GKU IS, and then return to the notary again .">documents, confirming the residence of the testator in the city of Moscow on the day of death:
certificate of the last place of residence of the deceased (registration at the place of residence) in the city of Moscow on the day of death;
an extract from the house book from the last permanent place of residence of the deceased with a note that the deceased has been deregistered;
a copy of the financial and personal account (owner's record card, single housing document) from the last permanent place of residence of the deceased.

The notary, having checked all the documents submitted by you, will open the inheritance case in the book of registration of inheritance cases, as well as in a single information system a notary - this guarantees that another inheritance case regarding the property of the deceased will not be opened. If it turns out that you are not the first to apply for acceptance of the inheritance, your application will be attached to those filed as part of your inheritance case earlier.

9. What fee must be paid when registering an inheritance with a notary?

You will be able to become the full owner of the inherited property after receiving a certificate of the right to inheritance from a notary. To get it, you need to pay a state duty:

children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100 thousand rubles;
other heirs - 0.6 percent of the value of the inherited property, but not more than one million rubles.

Please note that in some cases the fee The following are exempted from payment of state duty in bodies performing notarial acts:

Heroes Soviet Union, heroes of the Russian Federation and full holders of the Order of Glory, participants and invalids of the Great Patriotic War;

Disabled people of groups I and II - by 50 percent for all types of notarial acts;

Citizens - for the issuance of certificates of the right to inheritance during inheritance:

a residential building, as well as a land plot on which a residential building, apartments, rooms are located, if these persons lived together with the testator on the day of his death and continue to live in this house (this apartment, room) after his death;
property of persons who died in connection with the performance of state or public duties or in connection with the fulfillment of the duty of a citizen of the Russian Federation to save human life, protect state property and law and order, as well as property of persons subjected to political repression; the dead also include persons who died before the expiration of one year as a result of injury (concussion), diseases received in connection with the above circumstances;
bank deposits, Money on bank accounts individuals, sums insured under contracts of personal and property insurance, amounts of wages, copyrights and amounts of royalties provided for by the legislation of the Russian Federation on intellectual property, pensions.

"\u003e not paid. The assessment of the value of hereditary property is carried out on the basis of At the choice of the heir, documents indicating the cadastral, inventory, market and other value of the inheritance property can be submitted for calculating the amount of the state duty.

Notaries do not have the right to determine the valuation method for the purpose of calculating the state duty and require the heir to submit documents confirming the appropriate valuation method (type of property value).

"> the value of this property on the day of the death of the testator (the day of opening the inheritance).

The value of real estate can be determined both by the BTI bodies at the location of the property, and by organizations that have received an appropriate license to evaluate this real estate. Evaluation of land plots is carried out by the branch of the Federal Cadastral Chamber for the city of Moscow, as well as by independent appraisers.

10. What to do if there are disagreements between the heirs?

A dispute between heirs may arise if:

the will does not contain indications of the shares of heirs in the inherited property;
one of the legal heirs has When dividing the inheritance, the heirs who, during the life of the testator, as well as after his death, were co-owners or constantly used this property, have the priority right to inherited objects of indivisible property.
The pre-emptive right gives the heir the opportunity, on account of his inheritance share, to claim the entire indivisible object - with compensation for the difference between the value of the hereditary object, which the heir claims on the basis of the pre-emptive right, and the value of the inheritance share of this heir. Compensation can be provided in cash or by transferring other inherited property to the rest of the heirs.
If the compensation offered by the owner of the pre-emptive right does not suit the rest of the heirs, he must, no later than three years from the date of opening the inheritance, apply to a court of general jurisdiction with a statement of claim for the allocation of the share of the heir, taking into account pre-emptive rights.
"> preemptive right to indivisible property(primarily real estate);
the will was drawn up by the testator, recognized as incapable or partially capable (in this case, the will itself is contested).

A claim for the division of hereditary property may be filed with a court of general jurisdiction both before receiving a certificate of the right to inheritance in a notary's office, and after receiving such a certificate, but no later than three years from the date of opening of the inheritance.

After the court informs the notary that an application has been received from an interested person disputing the right to inheritance, its composition, etc., the notary will suspend the issuance of a certificate of inheritance until the case is resolved.

if there are heirs who accepted the inheritance in a timely manner, and they all agree to be included in the list of persons accepting the inheritance, you can restore the term for accepting the inheritance out of court by contacting a notary. Please note: if you are the only heir or if all heirs missed the deadline for accepting the inheritance, the restoration of the missed deadline is possible only in court;

if you prove in court that you did not know and should not have known about the opening of the inheritance or missed the specified deadline for other Such reasons include circumstances related to the identity of the plaintiff, for example serious illness, helpless condition, illiteracy and the like, if they prevented the heir from accepting the inheritance during the entire period established for this by law. Circumstances such as a short-term health disorder, ignorance of civil law norms regarding the timing and procedure for accepting an inheritance, lack of information about the composition of hereditary property, and the like are not valid.. Please note: you need to go to court within six months after the circumstances that prevented the acceptance of the inheritance have disappeared. If you miss this period as well, it will be impossible to restore the period for accepting the inheritance;

if you can prove to a notary by applying for a certificate of inheritance right that you accepted the inheritance within six months, not de jure, but in fact, by performing actions that testify to Actions that testify to the actual acceptance of the inheritance include:

entry into possession or management of the estate (for example, actual residence in the apartment of the testator);
taking measures to preserve the inherited property, protect it from encroachments or claims of other persons (for example, installing an alarm on the testator's car);
the production at his own expense of expenses for the maintenance of hereditary property (for example, payment of utility bills);
paying at his own expense the debts of the testator or receiving from third parties money due to the testator (for example, unpaid wages to the testator during his lifetime).

"> the actual acceptance of the inheritance. If the notary considers your arguments to be insufficiently weighty and refuses you, you should apply to a court of general jurisdiction with an application to establish the fact of acceptance of the inheritance. In the event of a positive court decision, you have the right, in the prescribed manner, to apply again to the notary with an application for the issuance of a certificate of inheritance.

Acceptance of an inheritance is a unilateral transaction aimed at acquiring an inheritance. The procedure for accepting an inheritance is common both for heirs by law and for heirs by will. If the notary at the place of opening of the inheritance has received a message that the inheritance has opened, he is obliged to notify the heirs whose place of residence or work is known to him. In general, notices of the opened inheritance are sent by registered mail. But they provide for the possibility of calling heirs by placing an appropriate notice in the media. In most cases, in practice, this happens as follows - one of the heirs applies to the notary's office with a statement and indicates other heirs known to him. The application form provides for this. But there are cases when the place of residence of any heir is not known. That's when you need to put a notice in the media.

The acceptance of the inheritance is carried out in two ways: by actually taking possession of the inheritance property and by submitting an application for its acceptance to the notarial authority at the place where the inheritance was opened. In Art. 62 of the Fundamentals of the legislation of the Russian Federation on notaries states that an application for acceptance of an inheritance or a refusal from it must be made in writing. The application must contain all the necessary information about the heir and testator. It indicates the exact name of the state notary's office (location of a privately practicing notary) and its location (if unknown, the application is sent to the territorial body of justice, which is sent to the appropriate notary). Capable heirs indicate in full all their necessary data. Heirs between the ages of 14 and 18 and partially capable shall indicate, in addition, the necessary data of their legal representatives or trustees, with whose consent they act. Guardians acting on behalf of minor or incapacitated heirs indicate the personal data of the heirs they represent and their own. The application indicates the time of opening the inheritance, but if the heir lived separately from the testator and other heirs initially applied to the notary office, who submitted a death certificate, i.e. initiated the opening of the inheritance case, then the heir, who does not have data on the time of opening the inheritance, may not indicate it. It is mandatory to indicate - F.I. O. of the testator, his place of residence, the degree of kinship with the testator, if inheritance is carried out by law (in some cases, and when inheriting by will, if the degree of kinship was indicated in the will).

Applications are submitted by the heirs to the notary within six months from the date of opening the inheritance. The term for accepting the inheritance may be extended by a court decision if the reasons for the omission are recognized by the court as valid. But going to court is not the only way to resolve this issue, since the heir who has missed the deadline can accept the inheritance if the rest of the heirs who have not missed the deadline submit statements to the notary office about their consent to include him among the heirs.

If the application is submitted to the notary personally by the heir, then the authentication of the applicant's signature is not required. The notary establishes the identity of the heir according to the submitted document, the details of this document are recorded on the application for acceptance of the inheritance. If the application is sent by mail, then the authenticity of the heir's signature must be certified by a notary (possibly at the place of residence of the heir or any other notary or an authorized official of the local government, the consular office to which the heir applied). The notary is obliged to accept the application received by mail (or delivered by an authorized person), even if it is executed improperly, while inviting the applicant to appear in person at the notary office within the period specified by law or send a correctly executed application by mail. To obtain a certificate of the right to inheritance, it can be submitted as one (general) application from which it follows that the heir accepts the inheritance and asks to issue him a certificate of the right to inheritance; so two applications: one for the acceptance of the inheritance, and the other for the issuance of a certificate of the right to inheritance;

As a rule, a certificate is issued after the expiration of a 6-month period from the date of opening the inheritance (clause 1, article 1163 of the Civil Code of the Russian Federation). However, it may be issued earlier than the specified period if the notary has evidence that there are no other heirs besides the persons who have declared the issuance of the certificate. What documents can be presented to confirm the completeness of the circle of heirs? Many scientists write that it can be, for example, a certificate from the social security department, where the testator received a pension; certificate of the military registration and enlistment office, where the testator was registered with the military; an extract from a personal sheet on the registration of the personnel of the testator, filled in by him at the place of work, etc .; - a certificate from the housing maintenance office or the local administration about the circle of relatives of the testator, etc. Guided by my many years of experience in notarial activities (conducting inheritance cases), I can assert that in fact a notary never has confidence that there are no other heirs, and sometimes the heirs themselves do not know about it. Moreover, those (above named) documents that scientists point to do not contain the necessary information in any way.

At the request of the heirs, a certificate may be issued to all heirs together or to each separately, for all hereditary property as a whole or for its separate parts (clause 1, article 1162 of the Civil Code of the Russian Federation). The certificate of the right to inheritance is a legal basis for all organizations, officials and citizens to consider as the heirs of the deceased only the persons indicated in the certificate, and only to the property indicated in the certificate.

Registration of property rights in the registration authority is carried out on the basis of a genuine certificate. An entry is made in the text of the certificate about the need to register the right of ownership (if it is real estate). A notary sends a copy of the certificate of the right to inheritance to the guardianship and guardianship authorities, when issuing a certificate in the name of a minor, incapacitated person to exercise control over the disposal of property.

In accordance with Art. 75 Fundamentals, art. 35 of the RF IC, Article 1150 of the Civil Code of the Russian Federation, the surviving spouse is explained his right to receive a certificate of ownership, which is noted on the application for acceptance of the inheritance and he confirms that his right was explained to him. And if the application was received by mail, then the notary must send a letter with the specified explanation to the surviving spouse.

The personal appearance of the heir to obtain a certificate of inheritance is not required. It can be mailed to him. In this case, he must send an application to the notary with a request to send a certificate to his address, or make an appropriate entry on the application for acceptance of the inheritance and subtract to him the certificate of the right to inheritance submitted earlier. If the heir authorizes a third party, i.e. a person not included in the circle of heirs to obtain a certificate, then the power of attorney must be issued in accordance with the requirements of Art. 185 of the Civil Code of the Russian Federation. If a person belonging to the circle of heirs is authorized to receive a certificate, then the right to receive a certificate can be expressed by the heir (authorizing) inscription on the application for the right to inheritance.

In accordance with paragraph 3 of Art. 1163 of the Civil Code of the Russian Federation, the issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but unborn child (nasciturus).

In writing, the consent of the heirs to include in the number of heirs, and, accordingly, in the certificate, those heirs who missed the deadline for accepting the inheritance or are unable to provide evidence of the relationship that is the basis for recognizing them for inheritance, i.e. are deprived of the opportunity to provide documents confirming the degree of kinship with the testator (Articles 71, 72 of the Fundamentals). In accordance with paragraph 31 methodological recommendations it is stipulated that the proof of kinship and other relations (for example, adoption) of heirs with the testator may be: 1) documents issued by the registry office; 2) court decisions on the establishment of family or other relations; 3) in some cases, entries in passports about children, about a spouse; certificates of authorities social protection on the appointment of a pension on the occasion of the loss of the breadwinner, if they, together with other documents, confirm the family or other relations of the heirs with the testator.

If there are any encumbrances in relation to the inheritance property, the notary gives explanations to the heirs about the legal relations arising in this regard (paragraph 33 of the Methodological Recommendations).

When issuing a certificate of the right to inheritance under a will, the notary is obliged to check whether the will has been canceled or changed (a note is made on the will that it has not been canceled or changed, sealed and signed by the notary, with the date of the entry) . If kinship is indicated in the will, the heirs must submit documents confirming the degree of kinship. The fact and time of the testator's death are confirmed by a death certificate. The place of opening of the inheritance can be confirmed by: a certificate from the housing office, internal affairs bodies on the last place of residence of the testator. And if the place of residence is unknown: a document containing information about the location of the hereditary property (an extract from the Unified State Register of Rights to Real Estate and transactions with it, a title document; a passbook, a technical passport for a vehicle, etc.).

An heir who has accepted an inheritance may apply to a notary public for a certificate at any time. A certificate to other heirs can no longer be issued for his share. At the same time, each of the heirs who accepted the inheritance, who submitted the necessary documents, has the right to demand the issuance of a certificate, without waiting for the other heirs to wish to receive certificates. At the request of the heirs, a certificate can be issued only for a part of the inheritance property (for example, an apartment). And for the rest of the property, a certificate can be issued later. The certificate indicates: - the date and place of its issue; necessary data of the notary; - Full name, date of death, last place of residence of the testator; - the necessary data of the heirs, their relationship or other relationship to the testator; - if the certificate is issued under a will, then the details of the will (by whom, when certified, registry number); - hereditary property, its composition (characteristics), title documents and technical documentation; location and assessment of the inheritance (if immovable, then the need for registration is indicated, and if a motor vehicle, then the need for registration of the vehicle); - if there are several heirs, then the shares of heirs in the inheritance property; - collected state duty or tariff, inheritance case number, registry number; - if the heirs inherit by the right of representation (Articles 1142, 1143, 1144 of the Civil Code of the Russian Federation), in the order of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation), then the transfer of the right to inheritance from one person to another must be reflected in the certificate; - if the shares of some heirs remain open, the certificate indicates that no certificate was issued for these shares; -P. 2 tbsp. 1155 of the Civil Code of the Russian Federation provides that if the heirs who accepted the inheritance agree to be included in the number of heirs of the heir who missed the deadline for accepting the inheritance, the notary may cancel the previously issued certificates. But in the event of a dispute about the right based on the issued certificate, this certificate can only be challenged in court in a lawsuit.

Inheritance is a long and troublesome process that requires certain legal knowledge.

Where to start the procedure for re-registration of property, who should be contacted, what documents are needed for this, what is the cost of services - this is not a complete list of questions that the heir asks when he encounters this problem for the first time.

Today's article is devoted to the answers to these and other questions. detailed instructions for inheritance. The step-by-step guide given in it will allow you to systematize a large flow of information related to inheritance, as well as to simplify the process of registering your rights as much as possible.

So, let's begin.

The first stage, without which it is impossible to do when registering an inheritance, is obtaining a document certifying the fact of the death (death) of the testator. This document is a death certificate. To obtain it, you must contact the registry office with the appropriate application.

Often the relatives of the deceased have a question: in which department can I apply?

The current legislation offers several options:

according to the last place of residence of the deceased;
at the place of residence of his next of kin;
at the place of occurrence of his death (death) or the discovery of a corpse;
at the location of the organization that issued the death certificate, or the judicial authority that issued the decision on the death of a citizen or declaring him dead.

The death certificate is issued on the basis of the submitted death certificate. However, there are situations when the fact of death is established through the court (for example, in the case of a missing person). The basis for the issuance of the document in this case will be the relevant court decision.

After the presentation of these and other required documents (passports of the deceased and the applicant, evidence of relationship between them) by the registry office as soon as possible (usually on the same day) death certificate issued .

Step 2. We write an application to a notary (or we accept the inheritance de facto)

With the received death certificate and passport, you should come to the notary's office to apply for . The distribution of inheritance cases is carried out according to the territorial principle, i.e. they are opened in the subject of the Russian Federation according to the last place of residence of the deceased. This means that it is necessary to go to the notary of the locality in which the testator lived on the day of death.

And this must be done within the limits of the law. 6 month period .

Note!

However, the rules of inheritance law provide for cases when it is not necessary to apply for inheritance. This is possible when the heir performs actions that may indicate actual acceptance of inherited property . Such actions include, in particular, managing property and protecting it from the claims of unauthorized persons, paying with your own funds the debts of the deceased or the costs of maintaining his property. De facto acceptance of the inheritance also includes cohabitation with the testator on the date of his death.

It is important!
If the deadline is missed, the restoration of the rights of the heir is possible only in court if there are good reasons for such a missed period.

FURTHER ACTIONS - we are waiting for the established 6-month period, for which:

Before registering the property, it is necessary to decide on . There are two in total:

will;
law.

Moreover, inheritance by law is carried out only when there are no grounds for inheritance under a will (in case of its cancellation, invalidity, refusal of the persons indicated in it from their rights or deprivation of these rights, etc.).

Therefore, first of all, it is necessary to determine whether a will was made and, if there is one, whether it is valid and not canceled subsequently.

This can be done during the first visit to the notary or later. However, it is more advisable to find out about the existence of a will as early as possible in order to have an idea of the scope of your rights and to accurately determine the list of required documents to obtain a certificate of inheritance (see the next step).

In the event that there is no will or is invalid (cancelled), and also if only a part of the property is bequeathed, the inheritance to the unbequeathed part is carried out according to the law in accordance with first-come-first-served basis established by civil law.

When writing an application for acceptance of the inheritance, the notary must issue , which will need to be submitted by the time of registration of the inheritance property.

The list of papers will be different depending on the basis of inheritance, as well as on the type of inherited property.

Keep in mind:
you should not delay collecting the documentation package, because some certificates are not issued in one day, and by the time the 6-month period expires, they may not be ready.

Of course, it is not necessary to re-register the inheritance exactly on the expiration date, however, delay is often unprofitable for the heir himself (for example, in the event of a further sale of property). Therefore, it is advisable to take care of the availability of all the required papers in advance.

To calculate the amount of the notarial fee payable when issuing a certificate of inheritance, it is necessary to determine the value of the inherited property. For these purposes, it is evaluated.

Who can appraise property?

Independent appraisers or appraisal companies who are licensed to provide such services, and :

real estate registration organizations (when determining the cost and other real estate);
bodies of state cadastral registration (when inheriting land);
forensic state institutions of the body of justice (when evaluating vehicles) .

Note!

The assessment must be made not on the date of the heir's appeal, but on the day of the testator's death.

FINAL STAGE - actions after the expiration of the 6-month period:

To obtain a certificate of inheritance, it is necessary to submit the required package of documents to the notary conducting the case. Some of them (for example, photocopies of a death certificate, evidence of family ties with the deceased) could be requested earlier when applying for an inheritance. In this case, re-submission of these papers is not required.

If there is no possibility of personal appeal to the notary office for registration of your rights, you can issue power of attorney to another person for the delivery of documents, as well as the subsequent receipt and registration of a certificate of inheritance.

Before registering documents for property in your name, you need to pay notary fee , consisting of two quantities:

the size of the state fee(0.3% for next of kin and 0.6% for other heirs);
fees for consulting services and technical work(varies depending on the type of property inherited).

Note!
The norms of the Tax Code of Russia establish categories of persons who are exempt from paying the state duty or who have the right to pay it in 50% of the amount.

After payment of the state duty, the notary, in accordance with the statements and other documents available in the case, issues . For bequeathed property, a certificate of inheritance is issued by will, and for not bequeathed, by law.

The certificate of inheritance received is title document heir, i.e. the basis for the emergence of his rights to property.

Step 9. Register the certificate with the competent authority (if necessary)

The norms of the current legislation do not contain a requirement for mandatory registration of a certificate received from a notary. However, the rights to certain types of hereditary property are subject to state registration with the relevant authorities.

In particular, a special registration procedure is provided for when inheriting vehicles that must be registered with the traffic police.

As for the rights to real estate, they are registered at the Rosreestr branch at the location of the object. After delivery required documents issued to the heir within 10 working days legal document - certificate of state registration of property rights .

Congratulations: after passing this stage the inheritance procedure can be considered complete!

Now you are the full owner of the inherited property.