Who is the first direct heir to the property after the death of the husband?

It is so customary that sooner or later grief comes to every family - the death of one of its members. Usually, after the funeral, the question arises of dividing the property of the deceased between relatives. In this situation, the direct heirs will inherit the real estate and other assets.

The situation is quite simple when it comes to a family that has lived a long and happy life. The story is more dramatic when it is not the first marriage, but the husband has children from another woman. Here events may develop slightly differently and give rise to disputes and conflicts.

The article is intended to resolve possible contradictions and collisions. By understanding all the details now, you can protect yourself from negative consequences in the future.

Who is the direct heir after the death of a spouse if there is no will?

If the husband dies, who are the first priority heirs? It has been established that, according to the law, close relatives of the deceased are legal successors. The legislator divided all recipients into 8 (eight) queues depending on the degree of relationship.

The first heirs are those who were closest to the deceased. Article 1142 of the Civil Code of the Russian Federation provides a list of these persons.

First priority heirs after death without a will:

wife;
son or daughter;
parents;
grandchildren or granddaughters by right of representation.

An important condition for a woman to inherit is the registration of family relations with a man in the registry office. If she is absent, she cannot be an heir by law. The legal spouse must receive 50% of the acquired joint property in the process of family relations.

Children, whether natural, adopted or from a previous marriage, inherit equally. If a man has been deprived of parental rights, his children can also inherit.

In the case where the father abandoned the child who was later adopted by another person, then this child loses the opportunity to inherit the property of his biological father. An exception is the case when a daughter or son, after adoption, maintained a relationship with a parent, in accordance with a court decision (clause 3 of Article 1147 of the Civil Code of the Russian Federation).

Note! The spouse's children, unless adopted, do not legally inherit the property of their mother's husband. However, if they are disabled and were dependent on him for at least a year, then they are entitled to a share on an equal basis with the other heirs.

In addition, the husband’s unborn children conceived by him during his lifetime may inherit. If such a situation arises, the division of the inheritance is carried out only after the birth of the baby, with the participation of his legal representatives.

Parents are a separate category that inherits somewhat less frequently, due to the fact that the overwhelming majority of people die at an old age, when they are no longer alive. In this situation, it does not matter whether the parents are married or not.

Adoptive parents are also treated the same - they have the same rights as biological parents. Guardians and trustees cannot claim inheritance.

Heirs of the first stage by nomination

It also happens that father, mother and children, or one of the children, die at the same time in an accident or during a natural disaster. None of them even thought about a will.

The heirs of the first stage without a will are one of the surviving children, as well as the children of his brother or sister. They must receive that part of the inheritance that their father or mother would have received after the death of their parents, that is, half. Their children, as it were, represent their parent in inheritance matters who did not live to receive the inheritance, that is, they are heirs by nomination. Their parent's share must be divided equally among the children.

But the children of the survivor receive nothing, since their parent inherits everything.

There is another possibility provided for by law - inheritance by right of representation. You should be aware of this possibility, since different situations happen in life and relatives may be different.

Rights of children from first marriage

This category has the right to inherit by law. It doesn’t matter how close they are to their parent after their father’s divorce from their mother, the main thing is that there is no fact of their adoption by another person.

Most often, a person’s second or third spouse experiences a negative attitude towards these children, which is due to the peculiarity of the female character. They need to be prepared for the fact that after the death of their father, a will may appear written by him, where everything he has acquired will be written to his wife.

If it is known for certain that there has recently been hostile relations between husband and wife, and the man did not think of writing a will with such text, then it is worth trying to challenge it in court, presenting compelling arguments.

In legal practice, it happens that children may not have known about the death of a close relative and missed the established deadline for entering into an inheritance.

The court may restore the deadline for accepting the inheritance in accordance with Art. 1155 of the Civil Code of the Russian Federation, taking into account the fact that the person did not know about this fact or he had valid reasons that prevented him from coming and completing all legal formalities.

In such a situation, the son or daughter of the deceased father must apply to the court to restore inheritance rights. This can be done within 6 (six) months from the moment the reasons for missing the deadline no longer exist.

The court takes measures to preserve the property due to the legal heir, which was previously distributed among other participants in the legal relationship.

Previously issued registration documents for divided property will be declared invalid. In this situation, the share of the new legal successor is allocated at the expense of the inherited material benefits of other participants.

If all parties to the agreement are ready to allocate the due portion to the emerging party and everyone has reached a consensus, then the matter will be resolved without a trial. A new agreement is concluded and the rights to real estate are re-registered.

Why the heir of the first priority may not receive an inheritance

Sometimes the behavior of children or their lifestyle drives loving parents to the point that they deprive them of the opportunity to receive an inheritance. If this is written in the last will of the deceased, then the heir may try to contest the will, but he is unlikely to succeed.

The inheritance may not go to someone who is found unworthy. This can also be stipulated in the last will, or it can be proven in court by relatives.

Parents who were deprived of parental rights, and at the time of their death the rights were not restored, cannot receive an inheritance after their children. But a child, thus deprived of his parents, but not adopted by anyone, remains their heir.

The deceased can leave all the property by will to any person, organization or state, then there is no question of any lines of heirs.

But if they try to contest the will, proving that the relative was not legally competent at the time of its execution, or executed it incorrectly, etc., then the order of succession in receiving the inheritance again comes into force, and the first in line again are the parents, children, and spouse .

How property is inherited by law

In the absence of a will, property is inherited by the successors of the deceased in accordance with current legislation - according to the principle of priority. First, you should receive a death certificate.

The algorithm then broadly consists of the following steps:

Applying to a notary to present rights to inheritance.
Providing a list of required documents.
Opening and conducting an inheritance case by a notary within the period established by law.
After the expiration of time, obtaining a certificate of inheritance.
Re-registration of the received property with the Rosreestr authorities.

Despite its apparent simplicity, this process sometimes contains a number of nuances. Another action the wife should take when her husband dies is to try to find a will, on the basis of which it will be extremely clear which scenario is possible.

Contacting a notary

When the death certificate is in hand, you should choose a notary at the place of residence of the deceased. You must first collect documents that must be presented.

Their list includes:

civil passport of the applicant (spouse);
stamp death certificate;
marriage certificate;
will (if there is one);
title documents on property, depending on the inherited object.

Once all of them are handed over to the notary, he checks their authenticity and makes copies. Then the applicant writes a statement about his right to inheritance. As soon as the application is submitted, the official opens an inheritance case.

Deadlines for registration

The general period for opening an inheritance is 6 (six) months after the death of a person. Conducting a case can take up significantly more time.

The main thing when visiting a notary is to provide a mandatory list of documents on the basis of which the case is opened, without violating the deadlines.

The legislation makes it possible to bring a number of title documents for property to a notary after some time, but no later than the day of its closing. The main thing is to open a case, and then you can deliver certificates and technical passports.

Documents for an apartment and other property

Things can be completely different. They differ in their functionality and purpose.

May be inherited:

residential buildings;
land;
motor transport;
deposits, securities;
household appliances and furniture, jewelry.

Each property has its own list of documents. The more functionality, the more information and evidence usually needs to be provided.

So for real estate (apartment or house) you need to additionally present :

technical certificate;
certificate of absence of debts for payment of utilities;
document on the estimated value of the object;
receipt of payment of all tax payments;
building plan.

Often a person already has some of these documents in his hands. The other part should be obtained from government agencies. It's better to take care of this in advance.

The following list is required for a car or other vehicle:

registration certificate;
certificate of the estimated value of the object;
certificate of absence of tax deduction arrears.

It is important that the documents are not expired and that the item does not change ownership. The car or motorcycle must not be under arrest or mortgaged.

To receive savings from a bank you must provide:

bank account details or the agreement itself;
savings book;
details of the rented safe deposit box;

If there are no account or agreement numbers, but there is reliable information that the deposits exist, the notary will independently find it by sending a request.

When there is a question about shares, you should provide:

information about the legal entity;
extract from the organization's register.

An extract from the register can be taken by any person claiming an inheritance. To do this, you should meet with a representative of the department or HR department, or another authorized person in the organization who can resolve this issue.

Legal advice

Entering into an inheritance and allocating shares is a complex legal procedure. As practice shows, property litigation spoils relationships even between the closest people. In addition, there are many controversial issues and loopholes in the current legislation (for example, ambiguity of interpretation in civil and family law makes it possible to challenge the “closeness of kinship”). In addition, there are cases that give a common-law spouse the right to receive a share of the inheritance despite articles of the civil code that exclude such a possibility. Not everyone can understand the intricacies of jurisprudence. You can get a free consultation on issues of receiving an inheritance and its size from the lawyers of the portal https://ros-nasledstvo.ru/.

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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.

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.

Application for inheritance
Actual acceptance of inheritance
What tax is paid upon inheritance under a will?

How is the inheritance distributed after the death of the husband?

When the stage of property division begins, the main criterion will be the correct allocation of shares and property. It is important that everyone who can inherit receives their share.

At this stage, joint and personal property should be divided. When inheriting by law, jointly acquired property is determined, from which a mandatory marital share is allocated equal to 50% of this property.

After which, the remaining part of the property, including personal property, is divided between the heirs in equal shares.

Common shared ownership

There is such a thing as shared property between spouses. This is when all property before marriage or during it is divided into equal or unequal parts. This happens on the basis of a marriage contract concluded between the parties.

The marriage contract determines to what extent it belongs to the spouses and, accordingly, is inherited after their death. If there is this document, everything will be inherited in the way specified in it.

Mandatory heirs

In jurisprudence, there is a concept of obligatory heirs. Such persons, in any situation, regardless of the will of the testator and his successors, are entitled to a mandatory share in the property.

To this category in accordance with Art. 1149 of the Civil Code of the Russian Federation these include :

minors and disabled children;
disabled spouse and parents;
disabled dependents who were supported by the testator for at least a year before the tragic event.

Provided that the spouse is a pensioner, she will also count on the obligatory part, regardless of the presence of a will. The share of this category is at least 50% of the amount that would be required by law.

Allocation of spousal share

It can be identified by contacting a notary. To do this, you need to write an application and provide title documents for real estate and other property so that the division occurs legally.

The share will include exactly half of the property acquired during the marriage. It is not divided among other legal successors. Usually the other parties are notified of such a step.

What is not included in the section is what was not acquired during marriage, what was given or inherited by the spouse during his lifetime, as well as property privatized without the participation of the wife.

Deprivation of inheritance rights

In addition to the voluntary renunciation of property assets, formalized in a targeted or non-addressed manner, there are other grounds for disinheritance of direct heirs by law. Among the reasons are:

Recognition as an unworthy candidate by a court due to:
evidence of document falsification regarding the execution of a fictitious will, allegedly expressing the will of the deceased;
violation of the fulfillment of the assigned mission to maintain and care for the deceased.

Removal from inheritance by the testator specified in the will. If the will provides for the targeted transfer of partially owned property, then the removed candidate has no right to claim the undistributed part.
Parents deprived of parental rights when inheriting children's property.
Persons specified in the will, if the document is declared invalid in court. If the justice authority recognizes complete or partial incapacity at the time of drawing up the administrative document, then the process of receiving valuables is similar to the distribution of inheritance among heirs without a will.

Removal from inheritance by the testator or determination by a court of unworthiness entails deprivation of the right to replacement upon presentation by children.

Does the ex-wife have rights?

She retains certain opportunities to sue for part of the property, provided that after the divorce, everything acquired was not divided between the spouses. The ex-wife has the right to go to court, claiming her part. This usually happens when the question of dividing real estate arises.

When property in a previous marriage was legally divided after or during a divorce, the ex-wife has no right to claim any share.

It is important that the husband or wife does not have any unresolved issues related to the division of acquired property in a previous marriage.

Sequence of acquiring an inheritance

To acquire an inheritance, it is necessary that each of the successors accept it. 6 months are allotted for this, before the expiration of which the heir must contact the notary office at the place where the inheritance is opened to submit an application for acceptance.

The place of discovery is the last known place of residence of the deceased, and if it is unknown, then:

the place where the property of the deceased is located;
location of movable property or the most valuable of them;
a settlement on whose territory the most expensive real estate property is located.

After a six-month period, each of the heirs receives their share of the property and debt obligations of the testator.

Possible conflicts with children from a first marriage

The relationship between children and the father's real wife is often characterized as hostile. Therefore, you should expect surprises.

This may be an untimely notification of the death of the father to the children, an attempt to independently appropriate the things of the deceased (books, clothes, equipment) that do not require a written or notarized agreement on the division of inherited property.

Attempts to divide the inheritance mass without the participation of children cannot be ruled out. Let's give a couple of life situations.

Example No. 1. Savings in marriage

After his death, the man was left with a two-room apartment, a garage and 2 million rubles in the bank. Among the heirs were his wife and two children from a previous marriage. The apartment and garage were purchased by a citizen until his last marriage.

The funds were recognized as assets, and the wife received her share in the amount of 1 million rubles according to the law. Everything else was divided in three equal parts between the wife and two children.

Example No. 2. Division of property between wife and children from first marriage

After the death of the husband, his retired wife and son and daughter from a previous marriage remained alive. The inheritance consisted of an apartment, a dacha, a car, and a deposit in the amount of 1 million rubles.

The only common family property was a car. In this situation, the wife teaches 50% of the car as an obligatory part. Everything else is divided between her and the children in three equal shares.

Indivisible property

The law recognizes as such things that cannot be divided in kind. If a dispute arises regarding who will receive the indivisible thing, the rules of Art. 1168 of the Civil Code of the Russian Federation. According to the latter, the preemptive right is vested in the successor:

jointly with the deceased, who had the right of common ownership of an indivisible object;
who, unlike other heirs, enjoyed an indivisible thing;
who lived until the death of the testator in an undivided residential premises and has no other housing.

The successors of the first stage in the inheritance are important. If the closest relatives could not know about the opening of the inheritance case, and can prove the conscientiousness of the missed deadline, the legal successors who accepted the property will be obliged to return the excess. Even if things and real estate have already been sold, relatives have the right to the cash equivalent. That is why it is better to take all possible means to find legitimate successors.

Recommendations that will help

In conclusion, I would like to note a number of points that it is advisable to take into account in such situations. It is better to prevent possible negative consequences than to correct them later.

First of all, it is necessary:

Determine whether a will was written by the deceased.
If most of the things were acquired by the wife, and the husband has children from a previous relationship, a will should be written.
When the parties are in an unequal financial situation, it is best to conclude a marriage contract.
Do not enter into conflict throughout your family life with children from your first marriage, but rather show them attention and friendliness.
First of all, the person (spouse) who lived with the deceased and used them will claim household items, furniture, and equipment.

Everything needs to be resolved through negotiations, including emerging issues related to the division of inheritance. You need to demand only what belongs by law.

Author: Oleg Vladimirovich Roslyakov, source.

Mandatory share

The first heir after the death of a husband in Russia is not always determined without much difficulty. As already mentioned, each scenario must be considered separately.

The obligatory share in the inheritance is received by:

disabled parents of the deceased;
adult disabled children;
a spouse who cannot support himself;
minor children;
other dependents living with the deceased.

These categories of citizens do not have to be indicated in the will - they are entitled to a share first. Everything that remains will be distributed among the persons specified in the testamentary document.

About the ransom

In fact, everything is simpler than it seems. If you thoroughly understand the legislative aspects of the issue, there will be no difficulties.

All heirs of the first priority will equally receive the inheritance. But sometimes you can reach an agreement. For example, if a wife does not want to share an apartment purchased jointly with her deceased husband with her in-laws. How to proceed?

The legislation of the Russian Federation allows the issue of repurchase of a share to be resolved in court. The wife pays the father-in-law the value of their part of the inheritance, after which the husband's parents remain with the money, and the spouse remains with the property.

Important: this option is great when the parental share in the inheritance is small.

Refusal in favor

The first heirs after the death of the husband are his parents, children and wife. Sometimes it happens that there are many applicants for property, but no one intends to pay shares. How to proceed?

Citizens can renounce their share of the inheritance in favor of an heir of the same line. For example, grandparents write a waiver of their son’s property in favor of their grandchildren.

Such a decision must be voluntary and free of charge. It is drawn up before the right to inheritance is exercised.