Current legislation provides two ways to transfer the rights of inheritance: under the will and the absence of the latter - according to the law.Testament takes precedence.Inheritance by law is carried out alternately.
total there are 8 queues.First of all right of inheritance after the death of the testator have children, parents and spouses.In their absence, it passes to the heirs of the second stage (it's brothers and sisters, and grandparents), and then a third (uncles, aunts), and so on.The mandatory share in the inheritance belongs to the disabled members of the family of the testator (children, parents, spouse, etc.) and disabled dependents.If there is a will they get no less than ½ share, they would have received in the case of inheritance by law.
How to inheritance
for adoption must first apply to a notary, who will attest to your application.It must be filed within six months after the opening of the inheritance.In some situations, when there is a valid reason, the term may be restored.The final document confirming the transfer of rights, a certificate issued by a notary.The adoption of the inheritance, if necessary, can be effected through a representative.
How to inheritance through a representative?The power of attorney to represent the interests notarized.In actions on behalf of the heir, he must also provide a power of attorney in addition to an identity document.The legal representative power of attorney does not need.
How to inheritance (to accept it) is actually? heir should his actions indicate acceptance of the inheritance.These actions include:
- measures to preserve and protect the property from encroachment;
- incurring the cost of maintaining the property;
- payment of debts of the testator, as well as the receipt of funds owed to the testator, by third parties;
- property management and others.
procedure for registration of inheritance provides for the need to pay the state duty.Its size is determined by the degree of kinship with the testator, as well as the cost of purchased property.In this connection, the notary must submit a document containing such information.The cost is determined on the day of opening the inheritance.Parents and children, spouse, brothers and sisters have to pay the state fee of 0.3% of total assets.However, the fee shall not exceed 100,000 rubles.For the other heirs - 0.6% and the maximum amount of duty - 1,000,000 rubles.
Gosuposhlina not paid for a house, an apartment, other premises, if the heirs were living together with the testator at the time of death and continue to reside there and then.Also exempt from paying the heirs of mental disorders for which guardianship.
If you do not know how to arrange the inheritance due to the emergence of various disputes with other heirs, it is best to seek the assistance of a lawyer of inheritance disputes.He will be able to give appropriate advice to help make the necessary documents, if necessary, will represent the interests in court.
