Domestic legislation allows two ways of dividing inheritance. The first presupposes the existence of a will with the distribution of property according to the will of the testator. The second option is used in the absence of such a document and is called inheritance by force of law. Its main principle is the distribution of property in accordance with the order of heirs. The laws governing this procedure are relatively complex. Therefore, the question of how the inheritance is divided between the first-line heirs is rightly considered one of the most pressing. The detailed answer is contained in the article.
Who are the heirs of the first priority according to law?
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
Ch. 63 of the Civil Code of the Russian Federation establishes the procedure for receiving the inherited property of a deceased citizen in order of priority. The basis for inclusion in the inheritance queue is family ties. The list includes all the relatives of the deceased, starting from the closest (children, parents) to nominal ones (stepfather, stepmother).
Heirs receive the right to the owner's property in the event of his death, in the absence of a will. Initially, the right to claim is vested in the heirs of the 1st stage.
These include (Article 1142 of the Civil Code of the Russian Federation):
- parents;
- children;
- husband wife;
- dependents.
After the death of her husband
A complete list of heirs in the event of the death of a husband:
- spouse;
- children;
- husband's parents;
- dependents.
In the event of the husband's death, the official wife has the right to a share in his property. The key factor is the registration of marriage relations.
Important! Cohabitation is not taken into account by the legislator. Common-law spouses have no rights to a share in property in the absence of a will.
Also, the ex-wife loses her rights to the share. However, if a marriage is dissolved in court, the spouses are considered divorced from the moment the court decision enters into legal force. If the man died before the specified period, then the woman can claim the due part of the property of the deceased.
In addition to the spouse, the children of the deceased are entitled to property. All children whose man is included in the documents as their father are included in the heirs. Establishment of paternity could be formalized either by the father’s application or by a court decision.
If a man dies before paternity is established, the interested party can initiate a process to establish paternity in court. Therefore, the composition of recipients may change during the inheritance process.
After the death of his wife
Full list of recipients of the deceased wife's property:
- children;
- husband;
- dependents;
- wife's parents.
The estate includes all the wife's personal property and ½ share of the jointly acquired property during the marriage. To determine the inheritance mass, it is necessary to first allocate the marital share from jointly acquired property (Article 1150 of the Civil Code of the Russian Federation).
To do this, the husband must contact a notary. If a man does not allocate his share of the common property, then it will be inherited according to the general procedure.
The citizen submits an application and supporting documents. On this basis, the notary issues a certificate for ½ share in the joint property of the spouses.
The following must be presented as supporting documentation:
- title documents;
- marriage contract;
- agreement on the allocation of shares in joint property;
- court decision on the division of property during marriage.
If there is a document on the division of property, the notary allocates a share for the spouse on its basis.
If the identified property belonged only to the wife, then half of the property is not allocated to the spouse. The distribution of the inheritance occurs in equal parts among the legal successors of the same line, including the husband.
After mother's death
Full list of applicants for the property of the deceased mother:
- children;
- husband;
- her mother and father;
- dependents.
The right of inheritance after the death of a mother extends to all her children. The heirs include:
- children from each marriage;
- illegitimate children;
- adopted children;
- children in respect of whom the woman was deprived of parental rights.
If the children are minors, their interests must be represented by the father. In the absence of the father, powers are transferred to the district guardianship department.
If children are raised in a foster family (guardianship, foster care) or in an organization for orphans, then the protection of children's interests is entrusted to the foster parent or the head of the organization. Such a person can refuse to accept an inheritance only with the consent of the guardianship authorities.
Each child, along with the woman’s husband and the parents of the deceased, is entitled to a part of the mother’s property.
Proof of family ties is a birth certificate, which is issued by the registry office. If the document is missing, a duplicate must be issued. If the certificate contains a typo, then you need to go to court to establish the fact of relationship.
After my father's death
List of claimants for the property of the deceased father:
- children;
- spouse;
- his mother and father;
- dependents.
In the event of the death of the father, the right to a share in the property is vested in:
- children born in each marriage;
- illegitimate children for whom paternity has been established;
- adopted children;
- children conceived during his lifetime.
A feature of inheriting the father's property is the possibility of new candidates appearing.
An interested citizen can establish paternity in court posthumously. In addition, unborn children are also called upon to inherit.
What rights do unborn children have? In relation to an unborn child, the right of inheritance arises from the moment of birth (Article 1116 of the Civil Code of the Russian Federation). If there is evidence of the conception of such a child, the division of the inheritance is made after the birth of the baby.
Moreover, the question of inheritance of property by children does not depend on the marital relationship between a man and a woman. It is enough to have a record on the birth certificate indicating who the child’s parent is.
If there is no such entry in the document, then the interested person will have to go to court and establish the fact of paternity posthumously.
After the death of parents
List of heirs of the 1st stage according to the law in the event of the death of parents:
- children;
- dependents;
- parents of the deceased.
The claimants to property after the death of parents are their children. However, the property of the parents is not inherited jointly. Property is divided in accordance with title documents.
The reason for the division is the possibility of different recipients entering into the inheritance. Each spouse can have children from different marriages. Also, the heirs may include parents and dependents of the deceased. Therefore, inheritance is carried out on the property of each of the parents separately.
The heirs receive not only the property of their parents, but also their debts.
Example. Parents and their daughter got into an accident. After receiving serious injuries, all three died on the spot. During their lifetime, my parents had an apartment and a plot of land. The daughter was divorced. Her ex-husband was deprived of parental rights for chronic drunkenness. The deceased woman left behind a 17-year-old son, over whom his cousin established guardianship. Thus, the only claimant to the parents' property was the daughter. But, since she died along with her parents, her son accepts the inheritance by way of presentation. However, he did not reach adulthood. Therefore, he accepts the inheritance with the consent of the legal representative (guardian).
After the death of one of the spouses
List of beneficiaries of the deceased spouse's property:
- second spouse;
- children;
- dependents;
- parents of the deceased.
If only one of the spouses dies, then the second is entitled to his share of property from the jointly acquired property . The inheritance is distributed in equal parts between the spouse, parents and children.
If the part of one of the relatives is larger than that of the other applicant, then he can reimburse its cost. Consequently, the recipient of the smaller share waives his rights.
Example. After the death of his wife, a 3-room apartment remained. The home was her personal property. The direct heirs are 2 children and a husband. Each recipient is entitled to 1/3 share. Since the eldest child was an adult, had his own home and did not live with his parents and brother, his relatives paid him compensation in exchange for a share in the apartment.
How is the inheritance divided between first-line heirs?
The law gives preference to 1st line heirs over other applicants. Each of them is entitled to a share in the identified property. Property is distributed among relatives in equal parts.
Sometimes several loved ones die at the same time, for example, in a car accident, plane crash or during a terrorist attack. It also happens that the heir dies before the inheritance opens.
Such cases lead to the acceptance of the inheritance in the order of presentation (Article 1146 of the Civil Code of the Russian Federation). That is, the heirs of the deceased recipient accept the inheritance of the main owner.
Example. The family consists of 4 people (husband, wife and two children). One son is 20 years old, the second is 24. Soon the eldest son died of a serious illness. A year later, my father was buried. The inheritance mass includes a residential building, a land plot of 20 acres and a car. According to the law, the heirs of the 1st stage are the wife and her youngest son. But, the young man who died earlier had a young daughter who was born in a civil marriage. Therefore, the share of her father's inheritance passes to her by way of presentation. The division of inheritance after the death of the father takes into account Family Law. Half of the joint property is allocated as the property of the testator's spouse. The remaining part is divided between three applicants (wife, youngest son, daughter of the eldest son). Everyone will get 1/3 of the share. In the interests of the daughter of the deceased heir, her mother acts as a legal representative. As you can see, the death of an heir blurs the boundaries between the children and grandchildren of the main testator.
Assistance in taking possession of property
Despite the priority given to the heirs of the 1st line, there are a number of issues when dividing property values that turn close relatives into enemies, putting a spoke in each other’s wheels. Qualified specialists will provide advice regarding:
- checking the existence of a will or identifying the fact that there was no order of the deceased;
- the total number of applicants, both by priority and by right of representation or requiring the allocation of a mandatory share when in dependent status;
- recognition of the applicant as an unworthy candidate and the procedure for removal from inheritance.
Competent legal assistance will allow you not to lose a single “gram” of property values, protecting yourself and providing a financial “airbag” for your children and grandchildren. For an individual consultation, use the form below.
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Heirs of the second stage
In the absence of heirs of the 1st stage, the right to property is vested in the following recipients. The heirs of the 2nd stage include (Article 1143 of the Civil Code of the Russian Federation):
- brothers;
- sisters;
- grandmothers;
- grandfathers.
The heirs include both half- and half-brothers and sisters. And grandparents are taken into account on both the father's and mother's sides.
This category of heirs comes into their rights if the relatives of the 1st stage are not identified or have abandoned the property. Their children can rely on the property in the order of presentation.
Parents
The father and mother of the deceased are called upon to inherit as priority legal successors. At the same time, both blood (biological) parents and officially appointed adoptive parents have the right to inherit.
The possibility of receiving an inheritance is excluded if:
- heir (father or mother), deprived of rights in relation to the deceased child;
- the adoptive parent is deprived of his status by court decision.
Parental relationships do not matter in this case. They can be either officially married or divorced.
How is the inheritance distributed between the first and second priority heirs?
Shares are distributed within one queue. The property is divided between the applicants in equal parts.
If there are heirs of the 1st queue, recipients from the 2nd queue do not receive anything. If such persons are not identified, then second-degree relatives can inherit.
The absence of applicants or their refusal to accept the inheritance leads to the fact that the property is recognized as escheat and goes to the state. Bodies of state power or local self-government cannot refuse to accept such an inheritance.
How to divide the inheritance among the heirs of the first stage
The procedure for dividing property may vary depending on the specific situation. The law provides for the possibility of voluntary settlement of the issue or in court.
By agreement
Recipients of property can independently determine their shares in the property of the deceased. To do this, an agreement must be drawn up.
If the deceased owner had a lot of different property (apartment, house, land, shares, cash in accounts), then each heir of the first priority has the right to an equal share.
In practice, it is inconvenient for the owner to have many small shares in different property. Therefore, the heirs can agree among themselves.
For example, one of the heirs will receive an apartment, the second will receive a house, and the third will receive funds in their accounts. If some item is less valuable than others, then the recipient is entitled to compensation from other heirs.
The heir who used it during his lifetime has a priority right of claim to the object. For example, he lived together with the deceased.
The document is drawn up in writing. The law does not oblige citizens to have it certified by a notary.
After signing the agreement, the heirs must present it to the notary. He will issue certificates of title to the property in accordance with the decision made.
Through the court
If the heirs cannot agree voluntarily, but do not agree with the legal decision, then it is necessary to go to court.
To do this, a statement of claim is drawn up and sent to the judicial authority located at the place of opening of the inheritance or at the location of the disputed property.
The applicant must prove that he has more rights to the disputed property than other recipients. For example, he has no other housing, but other heirs own residential premises.
Who bears the registration costs and how much?
Any notary expenses have their own cost, including those under consideration. Therefore, before your visit you need to take the required amount of money with you. There is a rule - each heir independently pays for notary services and state fees in the indicated amounts.
If they are minors, then their legal representatives pay for the services. Their mother pays for their children and herself.
In accordance with Art. 333.24 of the Tax Code of the Russian Federation, the following notary fees exist: :
- A certificate from a notary will cost the first-priority heirs in the amount of 0.3% of the total value of the property, but not more than 100 thousand rubles. For all other relatives it is 0.6%.
- For issuing a certificate for the share of jointly acquired property - 200 rubles.
- Payment for an application to claim inheritance rights – 100 rubles.
- Issuance of duplicate documents – 100 rubles.
- Sending a request to the bank – 50 rubles.
The most significant amount is the payment of the state fee for obtaining a certificate of inheritance. All other expenses are not large.
Rights of first priority heirs without a will
If the testator did not leave an administrative document, then the inheritance is carried out within the framework of the law. Parents/children, husband/wife have the right to visit a notary and apply for registration of inheritance or refuse it.
Heirs may waive their rights in favor of other claimants or by default . Then the inheritance goes to the relatives of the same line, and if there are none, then to the heirs of the next line. Refusal by default implies inaction of the heir for six months.
A targeted refusal requires filing a corresponding application with a notary. Refusal in favor of a specific candidate can only be within the successive queue.
Example. After the death of the widow, the dacha remained. Her children (son and daughter) act as heirs. The parents of the deceased woman wrote a written renunciation of property rights. When submitting the application, it was revealed that the woman did not draw up an administrative document. Consequently, if there is no will, then the property after the death of the mother is divided between her children. Everyone will get ½ of the dacha.
Dependent persons
From Article 1148 of the Civil Code of the Russian Federation it follows that disabled citizens who were dependent on the testator for at least a year during the life of the testator, regardless of whether they lived together or separately, have the right of inheritance on an equal basis with the line called for succession.
At the same time, a dependent may belong to the number of heirs in subsequent stages, and the very concept of dependency implies not only people who are disabled due to age or illness, but also citizens of pre-retirement age (men who have turned 60 years old and women who have reached 55 years of age).
What property is not subject to inheritance
Any property that remains after the death of the testator passes by inheritance to close relatives. Relatives of the 1st stage can be the first to count on the inheritance mass.
The following property is an exception:
- which the citizen included in the will;
- accounts for which a testamentary disposition has been made;
- written down for inclusion in the inheritance fund.
Example. After the man's death, he was left with an apartment, a plot of land and a car. The apartment and car were bought in 2 marriages. He received the land allotment under a gift agreement before its conclusion. Whereas the man still has a daughter from his first marriage. The deceased also left behind an elderly mother. However, she does not lay claim to her son's property. The wife is entitled to ½ share of the apartment and car as a marital share. The remaining property is divided into 1/3 share to each recipient. Since the wife receives 4/6 shares of the apartment, the daughter of the deceased offers to exchange her 1/6 share of the apartment for 1/3 share of the land plot. With her stepbrother she changes to 1/6th share of the car. As a result, the girl receives the entire plot of land. The boy receives 1/6 share of the apartment and 1/3 share of the car. The wife of the deceased receives 5/6 shares of the apartment and 2/3 shares of the car.
