In order to become the owner of the inheritance, it must be prinyat.Esli it comes to small household things, it does not need to engage in design of any documents. But in cases of real estate will have to run. Lawyer tells of the main points related to the assumption of inheritance.
When should I begin to probate? In accordance with the Civil Code the opening day of the inheritance is the day of death of a citizen. The time within which to accept an inheritance equal to six months from that day.
The main ways
There are two main ways to take the inheritance. The first is to obtain a notary certificate of inheritance. This should apply to a notary at the place of opening the inheritance. If there is no notary public, the applicant is an official authorized to issue such certificates.
This document is the basis for state registration of rights to immovable property, which receives an heir. Without it is impossible to register their ownership. The certificate can be obtained at any time after six months from the date of opening the inheritance.
Get used to witness effectively, if there is credible evidence that, apart from the heirs, seeking evidence, there are no other heirs.
The second option - is the actual adoption of the inheritance. The law recognizes that the heir has inherited, if he committed certain acts, in particular:
- Came into the possession or control of inherited property;
- Take steps to preserve the estate, defended him against attacks or claims of third parties;
- Payment for your account the debts of the testator or received from third persons the testator owed money;
- Pay its own costs for the maintenance of the estate. What to do when it is too late?
If for some reason the period for acceptance of the inheritance was omitted, then all is not lost. For example, you can try to negotiate with other heirs of acceptance of the inheritance. They must give their consent in writing before a notary public. This agreement is a ground for cancellation of previously issued certificates and the provision of new evidence.
If, based on previous evidence has already been registered ownership of the property, the notary's order to cancel the old certificate and issue a new certificate is grounds to amend the record about the state of registration.
The heirs do not agree to share the inheritance with the "late" successor? Tom will have to go to court, which may restore the period for acceptance of the inheritance. But this will happen if the court finds that the heir did not know about the opening of the inheritance or missed the deadline for valid reasons. In addition, the heir must apply to the court within six months after the reasons badges disappeared. How much is it to become the heir?
From 1 January 2006 the tax on property passing by inheritance, was canceled. Pay will only state fee for issuing a certificate of inheritance. Its size is defined in the Tax Code. Children, including adopted children, spouses, parents, brothers and sisters of the decedent shall pay 0,3% of the value of inherited property, but not more than 100 thousand rubles.; Other heirs - 0,6% of the value of inherited property, but not more than 1 million rubles .
There are categories of citizens who are exempt from paying fees. These include:
- Heirs who have not attained age on the day of opening of the inheritance;
- Persons with mental disorders, over which in the manner prescribed by law, under guardianship;
- Citizens - for issuance of a certificate of inheritance, house and land, on which the dwelling house, apartment, room or interest in that real property, if those citizens were living together with the testator on the date of the testator's death and continued to reside in the same after his death;
- Citizens for inheritance of property of persons killed in connection with the exercise of state or public duties or to the implementation of a national debt of Russia to save human life, protect public property and the rule of law;
- Citizens for inheritance of property of persons subjected to political repression;
- Citizens for inheritance of the deposits in banks, cash in bank accounts of individuals, the insurance amount under a contract of personal and property insurance, the amount of remuneration, copyright and amounts of remuneration provided by the RF legislation on intellectual property and pensions.
If you inherit real estate, for example, an apartment, you must register the ownership of this object. The state fee for registration is 500 rubles. The pledge and ownership
If inherited apartment (or other living quarters) is in the mortgage, the heir becomes the owner of such property, but security remains. When the right property in the mortgaged property from the mortgagor to another person as a result of compensated or uncompensated alienation of such property or by way of universal succession mortgage remains in force. Together with this flat will go to the heir, and all obligations of the testator, ie, he will have to pay to the mortgagee.
If several heirs, in accordance with Art. 1175 Civil Code heirs are responsible for the debts of the decedent jointly to the value passed to each property. What legacy?
Sometimes the testator in a will shall designate one or several heirs to perform due to the inheritance any obligation of a material nature in favor of third parties (legatees).
Thus, for an apartment or house testator may entrust the responsibility of the heirs to give another person the right to use this dwelling for a specified period.
I must say that during the subsequent transfer of ownership of the housing right to use it persists. In other words, if the heir wants to sell an apartment, then the new owner in supplements to get it and legatee.
Legatee has the right to exercise the right to receive legacies within three years from the date of opening the inheritance. Legacy can not be transferred to another person. An exception is the case when the testator in the will to appoint another legatee, in case if the first legatee dies before the opening of the inheritance or simultaneously with the testator.
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