Entry into inheritance after death without a will after 6 months

It seems that the time of death of relatives or loved ones is still very far away. Therefore, most often their departure comes as a big surprise. During the six months that pass after this unpleasant date, many relatives simply do not have time to enter into the rights to inherit property.

It happens that the heirs were not informed in time about a tragic event in the family. When the inheritance has already been opened, there is not much time allocated to accept it.

Is it possible to inherit after 6 months?

After six months, applicants lose the right to inheritance. And it does not matter how exactly the transfer of rights is carried out - by law or by will.

You can solve the problem in the following ways:

1. Through a notary (in case of actual acceptance of inheritance or hereditary transmission).
2. By agreement with other heirs . It is necessary to provide the notary with the consent of the legal successors to include the new recipient among the heirs.
3. By filing a claim in court . This is the most popular option. In court, it is enough to restore the deadline for accepting the inheritance. The only problem is the availability of admissible evidence. If they are not provided, the court will refuse to satisfy the claim.

Ways to restore the deadline

The legislation makes it possible for heirs who have missed deadlines to restore their rights.

This only applies to legitimate candidates :

1. Family members in one order;
2. Specified in the will;
3. Dependents of the deceased who lived with him for a year before his death - minors, disabled relatives.

In any case, the latecomer must first appear at the notary office :

• According to the location of the object;
• Place of residence of the deceased;
• Where the inheritance was previously opened.

Having received a written refusal from the notary, the heir must act in one of the ways described below.

Through the court

The method is great for situations where there are several heirs and the property has already been divided. Even if it is sold, you can get compensation for its value through the court.

Restoring the right to inherit by court is suitable for the following situations :

1. The entry deadline has been missed for a proven good reason;
2. In the actual option of accepting the remaining property.

Expert opinion

Svetlana Samoilenko

Inheritance lawyer

Ask me a question

You need to go to a notary with the court decision. Based on this court verdict, previously issued certificates are revoked and property is redistributed taking into account the newly arrived candidate.

Agree with other heirs

If there are good relations between relatives, the best way to restore inheritance rights is to reach mutual agreement on the redistribution of property. This will save time and money for those involved in the process. It is necessary to come to an agreement with everyone who has already received certificates of inheritance. Even registering property with RosReestr is not an obstacle.

If an agreement is reached, come together to the notary's office and write an application for the redistribution of property. The notary will cancel the issued certificates and conduct a new division of the inheritance. Participants will receive other certificates of inheritance rights.

The consent of all legal heirs is required. If one is against and the rest agree, the matter will have to be resolved in court.

Ways to receive an inheritance

Civil legislation provides for 3 ways of entering into inheritance after the expiration of the deadline. The heir can use one of the methods, taking into account the current situation, the number of people who rely on the property, or if the deadline for visiting the notary has expired.

Acceptance of an inheritance by law implies the entry into rights taking into account the priority. Children, parents and surviving spouse go first. Then brothers, sisters, grandparents.

Simultaneously with the inheritance order, the right to property is vested in the dependents of the deceased. These include:

• minor dependents (brothers, sisters, nephews, stepsons, stepdaughters, wards);
• disabled dependents (cohabitants, former spouses, brothers, sisters, strangers).

Through the court

The reasons for filing a claim can vary. One of the most common is missed deadlines.

Also, relatives may not know about a person’s death if the heir:

• did not maintain a relationship with the deceased person;
• was on a long business trip abroad;
• was in the hospital for a long time;
• did not know about the establishment of the fact of death in court;
• served time in prison;
• served in the military.

Sample statement of claim for restoration of deadlines

You can submit an application only within 6 months, after the reasons for missing the deadline have disappeared. If the applicant submits an application later, the court will refuse to satisfy the requirements.

Before filing a claim in court, the interested person must visit a notary and obtain a refusal to issue a certificate.

Without trial

To enter into rights after the death of a person after 6 months, the written consent of all persons to whom the inheritance certificate was issued is required. If a citizen missed the deadline for a good reason or other legal successors specifically hid information from him, then they may agree to re-register the documents.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Otherwise, a citizen can go to court to extend the deadline and still restore the violated rights. In addition, he can prove that the legal successors deliberately hid from him information about the death of the owner and recognize them as unworthy heirs. In such a situation, they will be completely disinherited.

Thus, in order to resolve the issue of entering into an inheritance after 6 months, the legal successor must have leverage over other recipients. Otherwise, they will not agree to re-registration, since the costs must be incurred again.

The applicant needs to come to an agreement with the remaining heirs. The written consent of the relatives serves as the basis for canceling the issued certificate and drawing up new papers, but with the participation of an additional heir.

At the same time, parts of the property are recalculated for all applicants. If relatives managed to register the property in their name in Rosreestr, then a notarial decree allows you to make changes to the state register of rights.

Alternatively, the assignee can pay for the re-registration of the property themselves.

Sample written consent to include a new heir

Who, according to the law, can become an heir to the property of the deceased?

During a person’s lifetime, there are not always as many relatives, friends or acquaintances as there are after his death, when an inheritance opens. There are usually not so few people who want to acquire the property of the deceased.

These could be immediate relatives, friends, neighbors or just acquaintances who cared for or helped the person before his death. It is necessary to figure out which of them has the right of first priority.

The best way out of the situation of determining an heir, of course, would be a will drawn up by a deceased relative. But during their lifetime, people do not always think about what will happen after them, and do not see the need to draw up this important document. If there is no will, you must follow the letter of the law.

Legislative documents related to this issue contain information about the principle of inheritance. There is a so-called “queuing”. The property should go to the person who is closest in family ties to the testator.

According to the legislative acts of our state, there are seven positions of heirs:

• Spouses, children, parents;
• Grandfathers, grandmothers, brothers and sisters;
• Brothers and sisters of parents;
• Great-grandparents;
• Sisters and brothers of grandparents, cousins;
• Great-great-grandchildren, nephews, great-aunts, uncles;
• Children of husbands, wives, step-mothers, fathers.

The primary right to receive a paternal title belongs to the husband/wife who, at the time of the death of the testator, was legally married to him/her. When a person was not officially married, his property may go to his parents, but only if they were not deprived of parental rights.

Children can then become heirs. It does not matter whether these children are natural or adopted, when they were born (in marriage or before it). If the wife of the deceased is carrying a child at the time of his death, this baby can also become an heir.

How to receive an inheritance after six months without going to court

The Civil Code provides for situations where entering into an inheritance after 6 months is legal. The assignee does not need to go to court or seek mutual understanding with other recipients. It is enough to submit documents to a notary.

Among them:

1. Hereditary transmission. In the event of the death of one of the recipients after the opening of the inheritance, the right to register the property is transferred to his legal successors. If the death occurred more than 3 months from the opening of the inheritance, then the recipient has the right to extend the period for entering into the inheritance for another 3 months. Thus, to register the property of the deceased through the procedure of hereditary transmission, there is no need to go to court. It is enough to present evidence of the death of the heir to the notary.
2. Refusal of successors of the 1st stage . If the main applicants are absent or have submitted a refusal to enter into property rights, then the right to apply to a notary is transferred to second-line relatives (brothers, sisters, grandparents). They must contact a notary office after 6 months. This period of entry into rights is provided for them by the Civil Code.
3. Actual acceptance of inheritance . If the heir lived with the deceased person or moved into his apartment after death, then he may also not go to court. Since he actually accepted the inheritance, continuing to use the property and pay for utilities.

Such an heir can visit a notary at any time and receive an identification document for subsequent registration of property rights.

Evidence options

Important! Evidence of the organization and conduct of the funeral is not the basis for recognizing the inheritance as actually accepted.

If the notary refuses to issue a certificate, the heir can appeal his actions through the claim procedure. Later, if there is a court decision, it will be possible to formalize the right to inheritance.

Return of inheritance given to the state

6 months after a person’s death are given to search for possible heirs. If during this period no one claims the abandoned valuables, they fall into the category of escheat and go to the state. Obligations for real estate (house, apartment, land) are assumed by local authorities. Everything else becomes federal property. The body declaring rights to escheated inheritance is the Federal Property Management Agency.

The return of property transferred to the state is carried out through the court. The procedure is the same as in the case of reinstatement of missed deadlines. A positive decision is made if the court recognizes the certificate issued by the notary as invalid or cancels the previously issued act recognizing the property as escheat.

How to enter into an inheritance after death without a will, if more than 6 months have passed through the court

If the heir missed the deadline, he needs to go to court. An application for restoration of deadlines for registration of inheritance is submitted at the place of residence of the deceased person. The case is being heard in the district court.

Procedure and procedure

When going to court, you must be guided by the Civil Procedure Law.

Algorithm of actions:

1. Preparation of evidence.
2. Filing a claim.
3. Sending data to court. The application must be submitted at the place of residence of the testator. Copies of the necessary papers and a receipt for payment of the state duty are attached to the claim.
4. Attending court proceedings.
5. Obtaining a court decision. Based on the results of the court hearing, a decision is made to satisfy or reject the stated requirements.

If there is a positive decision, the heir can contact the notary again.

Further actions are carried out on a general basis:

• an application is submitted;
• the property is assessed;
• state duty is paid;
• a certificate is issued;
• ownership is registered.

Required documents

The heirs need to prove not only the validity of the missed deadlines, but also the existence of a family connection with the deceased person.

The following documents must be attached to the application:

• death certificate;
• a copy of the plaintiff's passport;
• documents confirming relationship;
• papers indicating the existence of an inheritance;
• certificate from the place of residence of the deceased citizen;
• documentary refusal of the notary to issue a certificate;
• papers that confirm the existence of valid reasons for missing the deadline.

The last point is one of the key ones. Oral testimony is not enough. There must be written evidence of the circumstances stated in the claim.

If the person was on a business trip abroad, then you can provide:

• employment contract;
• order of the director of the enterprise;
• an extract from the business trip log;
• travel certificate;
• train or plane tickets;
• baggage receipt;
• international passport;
• visa;
• receipt for payment for hotel accommodation;
• power of attorney (if necessary).

If a person underwent a long course of treatment in a hospital and could not leave the medical institution for health reasons, then he must provide a certificate signed by the head physician.

Also attached to the claim is a receipt for payment of the state duty. If the applicant belongs to the preferential category of citizens, then documents confirming this right must be attached to the claim.

If you have a proxy, you must attach a notarized power of attorney. If the interests of a minor legal successor are represented by parents or other legal representatives, then a notarized power of attorney is not required.

Statement

The statement of claim must contain the following information:

• name of the court where the documents are submitted;
• information about the plaintiff (full name, residential address, contact telephone number);
• information about the defendants (if the application contains additional requirements - recognition of ownership of the inherited property);
• name of the claim;
• information about the death of the owner;
• information about the reasons for missing deadlines;
• reference to law;
• applicant's requirements;
• list of attached documents;
• signature of the plaintiff or his representative.

The application must state the essence of the case, indicate which line of heirs it belongs to, why the deadlines for registering the inheritance were missed, and indicate a request for their restoration. At the bottom of the document is the date of its preparation and the signature of the applicant or representative by proxy.

Expenses, state duty, cost

When filing a claim, a state fee must be paid. Its size depends on the category of the case that is being considered in the framework of special or action proceedings.

If the deadline for accepting an inheritance is restored, you need to pay 300 rubles. Details can be obtained from the district or city court.

Additional costs usually arise if the applicant engages a representative (attorney or solicitor). The cost of the claim and the participation of a lawyer in court is determined by agreement of the parties. This can be a one-time service or full legal support.

The minimum rate for representing a client’s interests in the court of first instance in 2021 is RUB 15,000. Rates may be higher depending on the city and law firm.

What could be a valid reason for missing a deadline?

The applicant will have to prove that he was prevented by insurmountable circumstances.

These include :

• Long-term serious illness and hospital stay;
• Long business trip;
• Work abroad or in a remote region;
• Not knowing about the death of the testator or the right to inheritance.

These are circumstances beyond the will of the heir. At the discretion of the court, these include other situations that caused the deadline to be missed.

will help confirm their respect :

1. Medical certificate confirming long-term treatment in a hospital with the signature of the head physician.
2. Travel certificate if the heir was on a business trip. A copy of the order will also do.
3. Employment contract for workers abroad or in a remote region.
4. International passport, visa, hotel receipts, tickets.
5. Written testimony.

Sometimes, witnesses are invited to the meeting. Only after considering all the circumstances, the court will decide in favor of the plaintiff or not.

Separately, it is necessary to say about the situation when the heir lived far from the testator, did not communicate with him and did not know about his death. Sometimes, relatives interested in receiving property hide this fact. Such an heir can restore justice through the court. He will have to prove with documents or with the help of witnesses that the time lost was not his fault. Dishonest relatives may lose property as unworthy.

Can the court refuse to satisfy a claim?

When making a decision, the court is guided by the law and the documents submitted by the parties. If the plaintiff is unable to substantiate his claims or does not provide evidence of actual acceptance of the inheritance within six months, the court will refuse to satisfy the claim.

However, the applicant has the right to appeal such a decision in the court of 2nd instance. The trial period will increase by another 2 months. During the specified period, the citizen must prepare more compelling evidence.

Refusal of inheritance

The period of refusal is the time from the opening of the inheritance to its acceptance. The opening of an inheritance begins on the day of the citizen’s death, recorded by the registration authorities. During the 6 months following this date, possible successors must have time to either accept the inheritance or refuse it. If citizens decide that the amount of debt exceeds the value of the inheritance, they can refuse.

Any adult capable citizen has the right to submit an application for refusal. The refusal may be absolute, made in favor of other persons or the state. Absoluteness means the absence of any orders regarding the fate of the property.

It is impossible to withdraw an application for refusal submitted to a notary office. If controversial issues arise, the case may be referred to court. Cancellation of a refusal is possible if it is proven that it was made under duress.

Partial entry

Is it possible to partially inherit? No. Partial acceptance of property is not provided for by law.

If the heir has filed an application for property rights, then all identified property is transferred to him in the order of inheritance. An exception is a share in property if there are several applicants for it.

The only option is to have several grounds for registration of inheritance. For example, a person may receive a share by will and by law. In this case, the successor may find himself disposing of the property and accepting it only by law.

Start of counting the 6-month period - opening of inheritance

According to the law, entry into inheritance after death after 6 months must be carried out. The starting point is the day of official recognition of the death of a citizen. Six months are allocated for preparation, applying to a notary and obtaining rights to join. During this time, applicants must decide to assume the property rights and responsibilities of the deceased.

The death certificate issued by the vital statistics office shows the date from which the count begins. If the actual time of death cannot be determined, the countdown begins from the date of the court decision declaring the person deceased.