Submitting an application
First of all, the successor informs the notary that he wishes to renounce the inheritance. The notary will tell him about the consequences of such a decision and invite him to write a statement.
The application can be directed or unconditional. In the first case, the heir indicates in whose favor he is formalizing the refusal, in the second - not.
You can refuse an inheritance in favor of:
- successors of any of the 8 lines;
- heirs under a will;
- persons who can inherit by right of representation (for example, grandchildren of deceased heirs);
- persons who received rights through transmission (instead of a deceased successor who did not manage to receive a certificate of entitlement).
The renunciation of inheritance is written either by the successor himself, or by a trustee, if the successor for some reason cannot appear before the notary himself. In this case, a notarized signature of the heir will be required on the application, which can be given to another person or can be sent by mail.
In the application, it is enough to write that the successor refuses the inheritance, and, if the refusal is targeted, indicate in whose favor.
What documents are needed
To write an application for refusal, you only need a passport, unless the will indicates the degree of relationship with the legal successor. For example, the deceased wrote in the will: “I bequeath the apartment to my sister.” A sister who decides to give up the apartment in favor of her daughter must provide documents about the relationship, i.e. prove that she is indeed the testator's sister.
Refusal to accept inheritance
Before making a decision, a person first weighs all the nuances that speak for and against accepting the inheritance. Such nuances may be personal relationships with the testator or with other heirs, or the presence of debts, which, as is known, are also inherited. The decision made by the heir is called a unilateral transaction.
In order to accept an inheritance, as well as in order to refuse it, the law provides for a certain period, and it is equal to six months.
This period begins to count from the moment of death of the person whose property is inherited, regardless of the presence of a will, or from the moment the person is declared dead by a court decision.
You can write a refusal to inherit property both before entering into inheritance and after. For this purpose, a special application is drawn up, which must be notarized. In addition, you must confirm your signature. Such a statement must indicate the details of the person refusing the inheritance and the details of the person whose property he refuses to accept. If the refusal occurs in favor of specific persons or one person, then their details are indicated. There is no need to indicate the motivation for such actions.
A correctly drawn up application for renunciation of inheritance is submitted to the responsible notary, who draws it up and registers it in a special journal. From the moment the application is registered, the refusal comes into force.
There are situations when the heir does not refuse the inheritance, but does not assume the rights of the heir. If the deadline for renunciation of inheritance is missed, the refusal is issued automatically. But there is one significant difference between a formalized and unformed refusal of inheritance. It is no longer possible to challenge a registered refusal of inheritance, but if the refusal is issued automatically, you can file an application in court and challenge your rights at any time.
Lawyer's answers to private questions
My husband has a son from his first marriage. A month ago my husband died. He still had 2 apartments and a car, and he also had a bank loan. Can my youngest son and I claim only one apartment, and let the eldest son take the other property and loan?
This property issue needs to be resolved with the son. If he agrees to conclude an agreement with a notary on such a division of property, then this is possible. The loan will still be divided between you, in proportion to the received share of the inheritance. If he does not agree to such a division, then all property and credit will be divided in equal shares between you, 1/3 share each.
After my grandfather's death, I was left with an apartment and a car. My aunt (daughter of the deceased) and I are entering into the inheritance. She always used the car during her grandfather’s life. I don't want to claim it. Can I refuse it?
In this situation, you and your aunt need to enter into an agreement on the division of inherited property. To do this, contact a notary who handles the inheritance case.
Grandfather wants to bequeath an apartment to me. But he also has a house and a dacha. He leaves them to his wife. She is a pensioner and has the right to an obligatory share in the inheritance. Can she refuse the obligatory share in my favor?
Inheritance by law (as an official spouse) and inheritance of a compulsory share are 2 grounds for receiving an inheritance. Therefore, the grandfather’s wife will be able to refuse the obligatory share and accept the inheritance according to the law. But you cannot force her to do this. This must be her personal decision, certified by a notary. Moreover, you can write a refusal only after the death of your grandfather.
In whose favor can a refusal be made?
The heir can assign his part of the property to one of the applicants in the corresponding queue. For example, the applicant is a first-degree relative. Consequently, he can transfer his part of the property to a family member (parents, spouse or child of the deceased).
If inheritance occurs by way of transmission, then a share of the inheritance can be assigned to one of the close relatives of the deceased successor.
If there is a will, the procedure for alienating property changes somewhat. The heir has the right to transfer his share to the applicant from among the citizens called to inherit. That is, to one of the legal successors under the will.
