Making inheritance rights can be exercised in two ways: through a notary and in the courts.
The first method is used in the absence of any dispute between the heirs, as well as, if not broken term treatment (6 months) with an application for membership in the inheritance.After writing the application within six months notary shall issue a certificate attesting to the applicant's right to property.
through probate court in the following cases:
- if the time of entry into the inheritance (6 months) is omitted, however, the heir to the opening of the inheritance did not know there were any valid reasons to prevent this (being in the hospital, prison, long tripsetc.);
- if the heir does not apply, but in fact entered into an inheritance, as property used (for example, lived in an apartment and paying utility bills);
- case of a dispute between the heirs;
- for the recognition of the will invalid;
- to establish a relationship;
- to appeal against actions of the notary;
- for the recognition of the right to inherit property;
- for recognition of the right to inheritance invalid;
- in other cases.
to court with a claim to the rights of inheritance can contact either the successor or his legal representative.To document was drawn up more intelligently, should contact a lawyer.Also, if desired, he will represent the interests in court.
What documents are required?
- statement of claim (2 copies);
- identity document (usually a passport);
- document confirming relationship (birth certificate, marriage, etc.);
- Testament (original and copy), if any (the notary stamp must be that it does not change);
- original and a copy of the death certificate of the testator;
- documents on inherited property;
- Other documents that are relevant (originals and copies).
through probate court in case of missing the deadline for entry into force should be carried out on the basis of an application filed within 6 months from the moment have disappeared circumstances prevent this.The Court examines the reasons relied upon by the heir, and if found valid, decides to restore the deadline.In this case, the rights of individuals who have inherited property shall be canceled.If the property is sold to customers in good faith, then return it to fail.If you have the intention of the person to quickly sell assets and rights of the heir who knew, missed period, the latter may apply to a claim for damages.
through probate court happens very often, especially in the actual adoption.The heir does not wish to do this, and only later, in the sale or other cases, there is a need for this.In this case it will be necessary to provide proof of its adoption: a receipt for payment of utility services, the purchase of building materials for repairs in the house, etc.
If you have disputes with other heirs will have to take care of collecting the evidence base: documents, witnesses, etc.This often requires making inquiries in various organizations, and there is already not do without professional assistance of a lawyer is almost impossible.
through probate court is also produced when the heir to the law says that the will is a fake or it was written by a person who at that time incapable, or under someone's influence.To establish the relationship to go in case of loss of supporting documents.
Making inheritance rights - a long process, with many nuances, often requiring a considerable investment of money, since it is necessary to pay for a lawyer, and the state fee.