death of a loved one - the loss, which would have to recover from a long time.Meanwhile, as it is banal, life goes on, it demands of us, including a number of actions on registration of documents, necessary for confirmation of the right to dispose of the property left after the death of a relative.It is about how to start a legacy.
Applying the opening of the inheritance is done by a notary.And not at all, as the place of residence of the deceased.For the convenience of the population of each district is fixed by a notary designated area.The second option: the division is carried out on the first letters of the names of the dead.
Turning to the Chamber of Notaries, you can find out whether a will drawn up, a specialist will deal with the case.
procedure for opening and acceptance of inheritance
In fact, to declare all the relatives of the deceased, is given six months.The period begins on the date of death.Get the full details on how to join the right of inheritance, as well as what the composition of the list of necessary documents can be in the notary's office.
primarily need paper:
- confirming the death of a relative;
- determining kinship with him;
- of residence of the deceased.
also need to collect the documents for each type of property that is inherited: movable, immovable, stocks, investments and so on.
After six months, issued by the notary certificate of inheritance, indicating the share due to each family member.Their size depends on the factors described below.
should also be noted that if the heir did not know about the death of a relative or had a good reason for which he had not joined the right of inheritance, it can later appeal against the division of property in court.However, in this case, the time within which he may do so, and is limited to six months.Count them begins at the moment when the cause has been eliminated skipping acceptance of the inheritance.If the relative - only you can start right at the notary.He also solved the issue, if there is no conflict with other heirs, otherwise the matter is transferred to the court.
How to join the inheritance if there is a will
right to property determined by the last will of the deceased.If there are several wills, the last recognized valid.The size of the inheritance received by each relative is defined in this document.
However, under the law, regardless of its content, defined the circle of persons which the share of the property is necessary in any case.For example, parents can not disinherit his or her minor / disabled child (including adopted child).This category also includes a disabled spouse and parents (adoptive parents) of the deceased.The last category of citizens in this list - the heir to the dependents.
size of their share is reduced compared to the case where they take it by law, and is 2/3 of it.
How to join the inheritance on intestacy
In this case the property is divided between those families who have applied to the notary within the prescribed period.The size of the share depends on their number and that the deceased owned property, in whole or he had the right to dispose of his shares.
So, if one of the spouses has died, and the apartment where he lived, has been issued to them in half, inherited only a part of the deceased.That is why, in practice, not uncommon when a family is at 1/8, and even at the share of the property.
procedure for the transfer of property rights is determined by law.There is a concept of priority inheritance.So, the priority right to have parents, children and spouse (wife).In their absence, it is transferred to the second stage of the relatives: brothers and sisters, grandmothers and grandfathers.If those of the deceased are not available, in the right to property can start aunts and uncles.And so on.Total allocated seven queues heirs.
with the notary all issues have been resolved.Do you need something else?
After obtaining evidence of a notary is often necessary to make registration actions.For example, in real estate are issued documents confirming the right of ownership.When it inherited apartment, then at her, if its share, the certificate will be listed size.If no other heirs dispute on the disposition of common property, in this case about inheritance can be considered complete.
Knowing how to start a legacy, much easier not to be deceived, and to defend their rights.