opening of the inheritance is the emergence of a hereditary nature of the relationship.Bases (legal facts), leading to this procedure is declared dead and the death of a citizen.
time of opening the inheritance is the day of death of the testator or the date of entry into force of the decision on the recognition of the deceased citizen.In the latter case, at the announcement of the death of a person missing under circumstances that pose a threat to life or giving rise to speculation about his death by accident, the court may decide on the recognition of the date of death the day of his alleged death.
Opening inheritance involves defining the composition of the existing hereditary property, the terms under which permitted the presentation of claims by creditors, the terms of refusal or acceptance of inheritance, issuance of certificates, as well as the moment of occurrence from the heirs of ownership of the property of the deceased or recognized as such.As part of the procedure is carried out as specified by the legislation under which the whole procedure will be performed.
case of simultaneous death of persons who act as heirs to each other, the opening of the inheritance takes place directly after the death of each of them individually.
established fact the death, as well as the date of death must be confirmed by a certificate of death.This document gives the body the registrar.In case of failure of this body to register the death, this fact at a certain time may be set in the court within the special proceedings.
place of opening the inheritance is the last place of residence of the deceased, or recognized as such or of the property of the deceased or a substantial part (if not found where the deceased resided).This establishes exactly how the legislation (whose country) should be used during the procedure.For example, if the opening of the inheritance of a citizen who died in the territory of Russia will be carried out on the territory of Moldova, the heirs may be disabled relatives.At the same time the Russian legislation the said persons in the procedure do not take part.
Thus, properly designated locations, where the discovery of genetic relationships, is of great importance in solving various procedural issues.So, it is determined what kind of a notary office will conduct the procedure.The established place of opening inheritance relationships taking measures to protect the property of the deceased or recognized as such a citizen.Also, the lenders have the opportunity to present their claims.
As a place where there are hereditary legal citizens temporarily residing outside of Russia and the dead or established there is the area of their residence prior to traveling abroad or finding an existing inherited property (or a substantial part thereof) in the territory of Russia.For citizens living abroad permanently and died there, the procedure is carried out in the country of residence.
place of occurrence of hereditary relations confirmed certificate of special housing department, local government, the street committee or help with the work, which indicates the last place of residence of the deceased or recognized as such.These organizations can issue certificates on the location of the property or a substantial part of the deceased (if not set, where he lived a citizen).If it is impossible to provide neither one nor the other certificate, provided the notary came into force a decision to establish the place of origin of hereditary relationships.
