Legislation provides for a period of 6 months to contact a notary and enter into inheritance. This period is prescribed in Art. 1154 of the Civil Code of the Russian Federation. Its countdown begins from the moment when the inheritance case is opened. This period should be sufficient to make a final decision on whether to accept the bequeathed property or to refuse it. You need to collect the necessary documents in six months.
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The legislative framework
The statute of limitations begins when a citizen learns that he is entitled to an inheritance or should have known about it. The period is 3 years. If the heir did not know about the inheritance matter at that time, this does not mean that his right to the testator’s property is lost. Regardless of the period of application, the heir who has valid reasons for his absence has the right to a part of the inheritance. The reasons for his absence must be documented.
In the Code of Civil Procedure Art. 196 introduced an amendment to the statute of limitations, according to which the limitation period is limited to 10 years.
Concept and purpose
The transfer of rights to the property of the deceased is carried out on the basis of his will or by law if there is no will. The law prescribes a specific algorithm for the distribution of inheritance by kinship.
According to the law, relatives have the right to inherit property; they are divided by law into categories according to the degree of relationship in relation to the testator. According to the will, anyone can receive the inheritance.
There is a special category of citizens who receive a mandatory share of the inheritance upon acceptance, regardless of whether they are mentioned in the will or not. We are talking about the children of the deceased: marital, illegitimate, recognized and unrecognized (if the fact of paternity is documented). The transfer of property is carried out by a notary between the participants in the notarial case who have officially declared themselves.
After the death of the testator, relatives claiming property rights write applications to be recognized as heirs. Within 6 months, the notary reviews the inheritance case, if necessary, requesting additional documents confirming the family relationship with the deceased.
Duration of the will
In civil law there is no limitation on the limitation period for wills drawn up in accordance with the requirements of the law. Therefore, there is no fundamental difference in the date of execution of the document, provided that there were no other wills or orders after it revoking it.
However, there are some reservations in the law. In particular, we are talking about wills drawn up in emergency circumstances. According to Art. 1129 of the Civil Code of the Russian Federation, the validity of a testamentary document is limited:
- a month from the date of drawing up the act, if the emergency circumstances have passed, nothing threatens the life of the testator:
- 6 months from the date of death of the testator (recognition of the testator as deceased), if the death occurred under the influence of (or as a result of, or during) extraordinary circumstances.
But all this concerns only the legal force of the document relative to the time of its preparation. For the heirs, it is important to have a slightly different validity period - the period when they can apply the document.
During what period can property be accepted by law and by will?
After the applicants have submitted applications to take possession of the property of the deceased, the notary begins the inheritance case. Its essence is to legally distribute property between heirs. To do this, for 6 months the notary examines the documents provided and examines whether there are any applicants who have not declared themselves. If the validity of the heirs' claims is confirmed, a certificate of the right to inheritance is issued six months later.
The law allows for the concept of actual entry into inheritance (Article 1153). The legality of the action is confirmed by the facts:
- Use of personal funds to maintain the property of the deceased.
- Payment by the heir of the testator's debts.
- Protection of the testator's property from encroachment by other persons.
The decision to enter into inheritance is made in court.
The distribution of property between legal heirs must be carried out within 6 months. After the expiration of the period, with a certificate in hand, they can register the property in their name.
If after 6 months an heir appears who has not declared himself for a good reason in due time, then the issue of redistribution of shares is resolved in court.
Is it possible to restore the period
If the statute of limitations rule was applied during the proceedings, the plaintiff has the right to file a petition to restore procedural deadlines. However, the application itself must be accompanied by documents or other evidence confirming that the deadlines were missed for a good reason.
The corresponding criterion is not defined by the current legislation, however, in practice, circumstances in which the plaintiff did not have the physical opportunity to go to court earlier are considered valid.
If the restoration of the deadlines is refused, the plaintiff has the right to appeal the refusal in the manner prescribed by law.
It is important to note that the possibility of restoring the term is valid for 10 years from the moment the right to go to court arises.
Factors that force recovery
The heir is not deprived of the right to receive a share of the property of a deceased relative if he does not appear before the notary in due time to declare his rights. Restoration of rights can be achieved through the court by writing a statement of claim and submitting documents confirming that its absence was caused by good reasons.
Certificates of acceptance of inheritance that have been issued are invalid. The entire inheritance mass is distributed anew, taking into account the emergence of another applicant.
The legislation does not provide an exact list of factors by which it is possible to restore rights, but during the consideration process the court may satisfy the claim if there are good reasons:
- It was not possible to obtain information about the death of a relative.
- Lack of information about inheritance.
- Long-term illness, stay in a coma.
- Living in another country.
- Staying in places of detention.
Regardless of the reasons for the absence of heirs, the court considers each specific case subject to the provision of accompanying evidence in the form of official certificates, confirmations, eyewitness accounts and other things.
What does entering into an inheritance actually mean, read the article “How the procedure for actually entering into an inheritance is carried out.” Is it possible to refuse an inheritance? The answer is here.
Reasons for missing deadlines
The main reasons for late acceptance of inheritance
| No. | Cause | Comments |
| 1 | Lack of direct contact with the testator | Often relatives do not communicate with each other due to long-standing grievances or personal hostility. Sometimes the reason for lack of contact is distance - living in different regions or different countries. |
| 2 | Living or studying abroad | One option is a foreign business trip. A long stay outside the country does not always allow you to find out in a timely manner or take the necessary actions to accept property. |
| 3 | Long-term treatment | The heir may undergo long-term inpatient treatment. For example, with an open form of tuberculosis or in a psychiatric clinic. |
| 4 | Serving a sentence in prison | This is a fairly common reason for missing deadlines. However, sometimes courts refuse to satisfy plaintiffs' claims. |
| 5 | Acceptance of inheritance after the fact | Often, relatives of the testator submit an application after the allotted period has expired. If they cannot provide conclusive evidence of actual acceptance of the property, they will have to go to court. One of the points of the claim is a request for an extension of the deadline. |
| 6 | Concealment of a will by relatives | The testator can deprive family members of their property and assign it to a third party. However, if he does not hand over the will during his lifetime, then the relatives may subsequently hide the document from the applicant. |
| 7 | On the day of death of the testator the applicant was a minor | Typically, legal representatives act in the best interests of children. However, they may not always know about the existence of an inheritance. If a child, after reaching adulthood, becomes aware of a violation of his rights, then they can be restored through the court. The exception is the situation when a citizen deliberately did not enter into an inheritance in order to receive other material benefits. |
| 8 | Military service | The court will accept military service as a valid reason if the citizen served in another city and could not transfer authority to a representative. |
To restore the deadline, you must go to court (Article 1155 of the Civil Code of the Russian Federation). However, the law does not establish a list of reasons that will be considered valid.
When making a decision, the court proceeds from the specific situation. The burden of proof lies with the applicant.
The process to reinstate the deadline is complex. Therefore, it is advisable to hire a competent lawyer.
How is the statute of limitations for inheritance calculated?
According to the law, the statute of limitations for an inheritance case is at least 3 years and should not exceed 10. Calculation begins with the opening of an inheritance case. It opens the day after the death of a citizen or after the fact of his death is established in court. The fact of death is established by the court, for example, if a person goes missing.
The beginning of the calculation is made in cases where the testator has left a will, all claimants to the property have been notified of the death of a relative and have written statements stating that they are claiming their share.
After reviewing the inheritance documents within six months, all confirmed heirs receive their share of the property.
Those who did not manage to meet the deadline have the opportunity to sue their part of the property, since the legislation, having determined the limitation period for inheritance, made it possible for the heirs to receive what was bequeathed to them or due by law.
Counting order
The limitation period is calculated from 2 positions:
- From the moment when the heir learns or should receive information about the right to a share in the inheritance.
- From the day of the death of a relative.
The notary opening the inheritance case must find out whether all the heirs have been found and notified of the death of the testator. If at least one of the applicants is not notified, the statute of limitations begins to count for him. The limitation period is calculated continuously, unless force majeure occurs. The Civil Code stipulates the possibility of interruption, suspension and renewal of the term.
Force majeure situations include, for example, those when a citizen cannot defend his rights while being seriously ill. As soon as the obstacles disappear, the statute of limitations continues to run. In the final calculation, time periods with obstructive situations are cut out. The presence of all obstacles must be documented.
Minimum period and maximum limitation
Citizens often confuse two concepts: the period for accepting the property of the deceased by right of inheritance and the statute of limitations. It is necessary to distinguish between them, since, despite the fact that they are interrelated, the limitation of periods is established to achieve different goals. Acceptance of an inheritance within 6 months implies the period of entry into inheritance.
6 months is enough time to document the relationship with the deceased. If he left a will, this simplifies the procedure for entering into an inheritance, since the will of the testator is the basis for the distribution of the inheritance.
The statute of limitations for inheritance means the possibility of “late” applicants entering into the inheritance.
The limitation period has time periods: 3 years - minimum, 10 years - maximum periods for citizens who, for objective reasons, did not have the opportunity to declare themselves immediately after the death of a relative.
Shift of base dates
In addition to basic situations, the law contains a description of non-standard cases.
Grounds for shifting deadlines
| No. | Base | Comments |
| 1 | Death of an heir | If the heir dies during the paperwork process, the succession passes to members of his family. The time limit for submitting an application to a notary will be calculated based on the remaining time until the completion of 6 months from the date of death of the owner. |
| 2 | Presence of a conceived child | In fact, the deadline for issuing a certificate is shifted by no more than 3 months. The birth of a child is the basis for including him among the heirs. Even if the testator assigned the property to other persons, the minor child is entitled to an obligatory share. |
| 3 | Actual acceptance of ownership | The beneficiary can submit papers at any time. The only condition is that the applicant must provide papers that indisputably confirm the acceptance of the property. If he cannot justify the actual entry into the inheritance, the notary will not issue a certificate. The applicant will have to prove his case in court. |
| 4 | Agreement between heirs | The law does not establish fixed deadlines. If the applicant can agree with his relatives to include him among the recipients, then the law allows him to cancel the certificate, recalculate the shares and issue new papers to the participants. The basis for resumption of the inheritance case is the written consent of the heirs. |
Example. If the applicant died after 2 months , then his heirs submit an application during the remaining period. If the applicant died after 4 months , then the time frame for registering the inheritance increases. The heir's relatives are given another 3 months .
If the allotted time is missed
The Civil Code stipulates a long period for the emergence of new claimants to the property of the deceased. There are times when these deadlines may be missed. A person who learns about an inheritance cannot immediately appear to declare his rights for objective reasons. The legislation allows the resolution of the inheritance issue in court, even if the time provided by the Civil Code has been lost.
When can the court extend the period?
A citizen who learns that he is entitled to an inheritance, after the expiration of the 10-year period established by law, can file a lawsuit in order to prove that his rights have been violated.
Such applications are considered by the court in a special procedure. The judge to whom the case is transferred checks the compliance of the format of the application and its content with legislative norms, and the composition of the attached documents. If no claims arise against them, he sets a date for consideration of the case.
At the same time, a request is made to the notary office where the inheritance case was formed. This is necessary to ensure completeness of information on the essence of the issue under consideration.
During the process, the circumstances due to which the heir did not declare himself and the reasons that prompted him to do so are clarified. Only the court determines the true validity of the applicant's arguments. If they are found to be valid, the inheritance case is subject to review, regardless of how many years have passed since the death of the testator.
How to restore the right
Based on Article 1072 of the Civil Code, the court restores the missed limitation periods and adds the citizen to the list of heirs if the following conditions are met:
- The deadline was missed for objective reasons.
- There is an evidence base in the form of documents confirming the rightness of the applicant.
- The citizen filed a claim no later than six months after he learned that he was entitled to an inheritance or after the reasons that prevented him from filing the claim had disappeared.
All certificates of ownership of the testator’s property issued earlier are canceled, and the distributed property again becomes the common inheritance mass. The court determines measures to protect the newly-minted heir and includes him among the legal successors.
The only condition for a fair judicial verdict is a solid evidence base explaining the reasons for the citizen’s absence when opening an inheritance case.
Having recognized the right of the new heir, the court re-determines the shares due to each. There are many nuances to the distribution of property after restoration. For example, if there were no heirs other than him at any level, then all the property went to the state. In this case, the defendant is the local municipality. He is obliged to return to the citizen the property due to him.
Why you need a certificate of inheritance, read the article “How to draw up and receive a certificate of inheritance.” Find out how to search for an inheritance here.
Where to contact
After the death of a citizen, heirs can find out whether he left a will on the distribution of his property. An official will is drawn up in a notary's office at the place of residence of citizens, so the heirs can easily find out about its contents from the notary. If the deceased relative did not have time to write it, then the property is distributed according to the law. The notary opens the inheritance case, and after 6 months, all heirs are issued a certificate of inheritance.
The authority that is called upon to resolve conflict issues between recipients of inheritance is the court.
A claim can be filed by:
- An heir who believes that his rights have been violated during the distribution of shares.
- Relatives who were not included in the will.
The court resolves all issues that the relatives were unable to resolve peacefully, acting on the basis of legislation and taking into account only real documents confirming the validity of the statements of the offended relatives.
Drawing up an application
Applications for restoration of the right to inheritance are considered by the district court. In the application, the citizen must describe the reasons why he did not attempt to declare his rights to inheritance in a timely manner.
Information that must be provided in the claim:
- The date of receipt of information about the death of the testator.
- About the reasons for the absence of a relative at the time of death.
- Reasons why the applicant did not claim the inheritance.
- What are the grounds for challenging a will?
- Links to articles of legislation according to which he has the right to challenge an inheritance case.
The plaintiff petitions to restore the statute of limitations from the moment he learned about the death of a relative or about the inheritance due to him. He prescribes a list of documents that he submits for consideration by the court. On their basis, the evidentiary basis of the claim is built.
It is preferable if a probate lawyer takes part in drawing up the claim. He will be able to correctly advise which legislative acts need to be referred to in a particular situation. The application must present only real facts that have become an obstacle for the plaintiff to participate in a timely manner in the procedure for distributing the inheritance.
Judicial process and procedure
An appeal to the court begins with writing an application to restore the statute of limitations, attaching documents confirming the facts stated in the claim. The application is registered in the court office, and from that moment it goes to the judge. He considers the correctness of the claim and the availability of all necessary documents. Having delved into the essence of the case regarding the restoration of terms in relation to the newly emerged heir, the judge sets a date for the trial.
The court requests an inheritance file, on the basis of which the declared heirs have received the official right to accept a share from the inheritance mass. The essence of the trial is to find out whose fault it was that the heir was not informed about the death of the testator or to confirm that there is significant evidence of his absence.
If there is insufficient documentary evidence, the court may call witnesses to the hearing. As a result, the court must decide on the legality of the citizen’s claims to a share in the property of the deceased or refuse to satisfy his claim. If the decision is positive, the heir’s further actions are to register the assigned share in Rosreestr and obtain a certificate of ownership legally. If the court does not consider the evidence provided sufficient for a positive verdict, the plaintiff can challenge its decision in a higher court.
The procedure for challenging an inheritance
This can only be done through the court. The procedure takes place in several stages:
- Collection of documents
It is necessary to prepare evidence that your legal rights have been violated.
- Drawing up a statement of claim
It is advisable to entrust this matter to an experienced lawyer, since inheritance disputes are one of the most complex categories of cases. If you decide to file a claim yourself, adhere to the rules of Art. 131 and art. 132 Code of Civil Procedure of the Russian Federation.
- Participation in legal proceedings
You will be called to the meeting with a written agenda. We recommend that you involve a lawyer in the case and do not skip the trial.
- Obtaining a court decision
As soon as the court announces its verdict, the parties have exactly 30 days to appeal it. Therefore, you will have to wait a month for the decision to come into force.
- Contacting a notary
If the decision is in your favor, you should visit a notary’s office and voice a request to cancel previously issued certificates of inheritance and issue new documents.
