In connection with such changes in the lives of many are experiencing a lot of stress, some people can not or do not want to discuss the pressing issues of registration of property of the deceased.However, despite the loss of a loved one, life does not stop successor - are hereditary cases, there is a need to rewrite property belonging to the deceased at the time of his death.
According to Ukrainian law, recipients recognized by those who are with the deceased in a certain relationship that is going on inheritance by law.Legal continuity puts the heirs in order of priority.Typically, the main contenders are the first citizens of the related line - children, spouses, parents.Members of a will get the property on the document, so in this case, optional close relationship.The most important thing - to a legal document and probate bequest kept properly specified data card: date of birth, and other parameters of the person on whom an official act.In the case that name is difficult to determine a successor.
is common misconception that the probate of the will is everything.However, it is not always provides an opportunity to transfer the said property in full.Even if any, can not be the sole heir.Moreover, this simple act is canceled.To this end, the testator enough to appeal to the notary.So do not pin all hopes on this type of document.
only person who has the legal right to open the case of succession and issuing the relevant certificate - a notary.In accordance with regulatory requirements, registration of inheritance by will is excited only once and only by means of a notary.
In line with the article 1270 of the Civil Code, the property shall be taken within six calendar months following the date of death of the person fixed, or as they say, opening the inheritance.That is, you need to either take it or apply for rights, and it is in the semi-annual period.When you miss a legal deadline for the issue of inheritance by will have to go to court, that he helped to restore the lost taking.
There are situations in which there is no need to apply.This, for example, when the heir was last registered with the now deceased "on one property," and so it can automatically take the state itself.Important disclaimer: In accordance with the Civil Code the received inheritance is taken all at once and completely, without discussion.This means that you can not take, for example, a house, and at the same time to give up the apartment and - horror of horrors!- From a monetary debt.Or all or nothing!
to visit the notary not be in vain, you need to take with you the following documents:
- passport heir and tax number;
- death certificate of a loved one;
- testament (if available);
- paper to confirm the relationship (birth certificate, marriage certificate);
- certificate from the housing of who lived with the testator at the date of his death;
- extract from the house register.
possibility of disposal of the new property will come later, after full legal probate home, so neither sell nor give it is impossible, but you can enjoy all his life.
