Entering into inheritance through the court: grounds, nuances of drawing up an application, sample claim

Issues of inheritance are quite acute. Sometimes the usual procedure of succession turns out to be unavailable, and therefore the heirs have to assert their rights in court.

Methods of inheriting property
In what cases is judicial procedure applied?
The order of inheritance through the court
How to draw up a claim for inheritance
Jurisdiction of inheritance cases
Deadlines for filing a claim
Cost of going to court
Sample statement of claim for inheritance
The nuances of drawing up an application for inheritance according to the sample
Expert opinion

Methods of inheriting property

Civil law provides for several ways to inherit the property of a testator.

Actual inheritance. Inheritance occurs upon the commission of actions provided for in Part 2 of Article 1153 of the Civil Code of the Russian Federation.
Notarial inheritance. The successors of the deceased submit the necessary documents to a notary, who, after the allotted period, issues the appropriate certificates.
Judicial inheritance. Used if it is impossible to accept an inheritance through a notary.

Important! When actually accepting the inheritance, the successors do not have documentary evidence of ownership. To prepare the necessary documents for an inheritance, you will have to contact a notary, and if the notary refuses to issue a certificate, you will have to go to court.

If there are no particular difficulties with actual and notarial inheritance, then many simply do not know how to accept an inheritance through the court. Therefore, we will understand the peculiarities of judicial acceptance of the property of a deceased testator.

In what cases is judicial procedure applied?

Going to court is required if a dispute arises between the successors of the deceased. Also, court cannot be avoided when confirming the rights of the heir. As a rule, inheritance is approved through a court decision if the need arises:

contest a will;
make a division of the inheritance;
recognize any of the heirs as unworthy;
inherit the unregistered property of the testator;
restore the time limits allocated for inheritance by law;
confirm the rights of the heir.

In the latter case, it is not a lawsuit that is filed with the court, but an ordinary application to establish a legally significant fact. These include confirmation of kinship, acceptance of inheritance in fact, dependency, recognition of the testator as deceased, etc. You can learn more about this at a free initial consultation with our lawyer on inheritance law.

The order of inheritance through the court

To establish the rights to the property of the deceased through the court, it is necessary to strictly follow a certain procedure.

Preparing for trial. Determining the right to accept an inheritance, searching for supporting documents, drawing up a claim.
Trial. Direct appeal to the court, participation in the process, obtaining a court decision.
Registration of inheritance. If the court's decision is positive, the heir is confirmed in his rights to the property, for which he turns to a notary.

Important! The losing party has the right to file a complaint with a higher authority. Consult a lawyer about the possibility of appealing a court decision in your situation.

Dispute between heirs

The inheritance is either divided into equal shares between heirs of the same order (if there is no will), or distributed according to the will. Quite often, this state of affairs does not suit relatives, who may feel that they were treated unfairly. They have the right to go to court and prove the validity of their claims.

When dividing the inheritance according to the law, the court can take into account not only the rights of representatives of a certain line (family ties), but also other circumstances. For example, living in the same territory with the testator, joint farming with him, the degree of assistance provided (if we are talking about an elderly testator). And, of course, the presence or absence of illegal actions against the testator or testator.

When inheriting under a will, the court provides shares to those categories of heirs who have the right to a part of the inheritance, even if they are not mentioned in the will. Specifically, minors and/or disabled heirs of the first stage. Elderly parents, small children, and a disabled spouse have the right to a mandatory share of the inheritance. It is less than they would have received in the absence of a will, but still, it is impossible to completely “disinherit” such relatives, regardless of the will of the testator.

Jurisdiction of inheritance cases

Inheritance disputes are dealt with in district courts, as well as equivalent courts - city and inter-district. Territorial jurisdiction in inheritance cases depends entirely on the parties and the composition of the estate, as well as the nature of the dispute.

At the place of residence of the defendant, if there is only 1 defendant in the case, there is no dispute about real estate.
At the choice of the plaintiff - if there are several defendants, and the case is not related to real estate.
By location of real estate - in disputes surrounding real estate.

Deadlines for filing a claim

Despite the terms of inheritance defined in Art. 1154 of the Civil Code of the Russian Federation, the deadlines for going to court are:

no more than 6 months - if the inheritance period is missed (from the moment when the successor learned about the opening of the inheritance, or was able to apply for it);
no more than 1 year - to challenge a will that was drawn up under threats or other pressure on the testator (from the moment the plaintiff learned, should have learned about the contestability of the will);
no more than 3 years - for other claims (from the moment the plaintiff learned of the violation of his rights and legitimate interests);
no more than 10 years from the death of the testator - for any claims.

Cost of going to court

When entering into an inheritance through the court, the claim is paid by the plaintiff based on the cost of the claim. The state duty is determined by Article 333.19 of the Tax Code of the Russian Federation.

up to 20,000 rub. – 4% of the claim price, but not less than 400 rubles;
20,001-100,000 rub. – 3%+800 rub.;
100,001-200,000 rub. – 2%+3,200 rub.;
200,001-1 million – 1%+5,200 rubles;
More than 1 million – 0.5%+13,200 rub.

The paid state duty can be recovered from the defendant provided that the corresponding demand is filed in the claim and the plaintiff’s appeal to the judicial authorities is satisfied. Our lawyers will provide the necessary assistance in formulating claims, taking into account the circumstances of your situation.

Comment on the rating

Thank you, your rating has been taken into account. You can also leave a comment on your rating.

Is the sample document useful?

If the document “Statement of Claim for Recognition of Property Rights by Inheritance” was useful to you, we ask you to leave a review about it.
Remember just 2 words:

Contract-Lawyer

And add Contract-Yurist.Ru to your bookmarks (Ctrl+D).

You will still need it!

Sample statement of claim for inheritance

The presented sample gives a clear idea of the content and format of the claim.

But when filling out the document, you must pay attention to a number of nuances.

The “header” of the sample indicates the full name of the court and its address, as well as details of the participants in the process indicating their procedural status (plaintiff, defendant).
The title of the statement of claim must correctly indicate the essence of the appeal.
The descriptive part describes the situation extremely accurately and concisely. It is indicated who the testator is, which notary is handling the inheritance case, what exactly is the violation of the rights and interests of the plaintiff, and what measures he has taken to independently resolve the dispute.
The plaintiff’s arguments in his favor are indicated very clearly, indicating the evidence and legal norms that substantiate the applicant’s position.
Comprehensive requirements for the claim are prescribed.
A list of applications must be provided.

Due to frequent updates to legislation and the legal uniqueness of each situation, we recommend obtaining a free telephone consultation with a lawyer. You can ask your question by calling the hotline number 8 (800) 555-40-36 or write it in the form below.

The nuances of drawing up an application for inheritance according to the sample

Depending on the essence of the appeal, the conditions for filing, the procedural aspects and the evidence used change.

Conditions	Parties	Proof
Restoring deadlines	The inheritance is not accepted on time according to the will or in the order of priority. There are no circumstances preventing you from applying for an inheritance. No more than 6 months have passed since then.	The plaintiff is the person who missed the deadline. The defendant is the heirs who have established their rights and do not allow the plaintiff to inherit.	Documents from the content of which one can conclude that missing a deadline is valid.
Contesting a will	The testator is declared incompetent. Requirements for registration of a will were violated The will was drawn up in an inadequate state, or under the influence of third parties.	The plaintiff is the person who missed the deadline. The defendant is the heirs who have established their rights and do not allow the plaintiff to inherit.	Any documents, photos, audio, video materials, testimony of witnesses confirming the incapacity or inadequacy of the testator, violation of the requirements for drawing up a will, external influence on the deceased owner of the property.
Unworthy heir	Commission by the heir (potential heir) of any actions specified in Article 1117 of the Civil Code of the Russian Federation. The heir will be recognized as worthy if he is a successor under a will drawn up after the commission of the actions provided for in the specified article of the Civil Code of the Russian Federation.	Plaintiff is a person who has a material and legal interest. The defendant is the priority heir who must be excluded from inheritance.	Any evidence indicating that the defendant has committed crimes against the testator, co-heirs, or inheritance. These also include court decisions and similar documents about the defendant’s malicious evasion of the maintenance of the testator, if such was required by law.
Division of inheritance	Dispute between heirs over distribution of inheritance Availability of a preemptive right to inherited property, part of it	Plaintiff - heir Defendant – co-heir, co-heirs	Any relevant ones.
Establishment of a legally significant fact	Establishing the applicant's right to inherit property. Establishing the fact of acceptance of inheritance	There is only one party to the process - the proper heir. Accordingly, the header of the application does not indicate its procedural position. The word “Claim” is excluded from the title of the document.	Documentary evidence, or a petition to request the relevant information from the registry office (subject to the submission of a certificate from the registry office on the refusal to issue the relevant information). Documents, the content of which implies the actual completion of actions to accept the inheritance in accordance with the provisions of Part 2 of Article 1153 of the Civil Code of the Russian Federation.

When accepting an inheritance through a special procedure, there is no need to calculate the cost of the claim, since the application is aimed at establishing a legally significant fact. The state duty will be 300 rubles. You won’t have to worry about meeting deadlines, since they are not regulated by law. It is believed that the applicant applies for the establishment of a legally significant fact only if there is a need for it.

Hearing

After receiving the application, the court decides to open legal proceedings:

If there are comments on the package of documents, the court may leave the claim without progress. The applicant is given time to eliminate the comments.
If there are no claims to the documents, then the court sets a date for the hearing and sends subpoenas to the participants in the process. At the same time, the defendant is given time to submit written objections to the plaintiff's claims.

Participants in the trial must provide all the evidence they have. If necessary, they can file a petition to request any document from an individual or legal entity (Article 57 of the Code of Civil Procedure of the Russian Federation).

The period for consideration of a civil case is 2 months . Its increase is allowed in exceptional cases (Article 154 of the Code of Civil Procedure of the Russian Federation).

Expert opinion

Drawing up a claim in cases related to inheritance is complex in itself. But it is even more difficult to find and attach evidence confirming the legitimacy of the plaintiff’s claims.

Therefore, you should not rely on your own strength when resolving a difficult situation related to inheritance. The best solution is to seek qualified legal assistance. This will avoid wasting time and money and will significantly increase the chances of success when taking the case to court.

Author of the document

Contract-Yurist.Ru offline Status: Legal company rating460 84 / 6 Private message Order a consultation	number of consultations:
noted as the best:	5
answers to documents:
documents posted:	927
positive feedback:
negative reviews:

To court

Plaintiff: ______________________________

Address: __________________________________

Respondent: Administration _________________