How to inherit

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How to inherit

A notary starts an inheritance case only when one of the following persons applies: heirs, debtors and creditors. The fact that the testator has only debts is not a reason not to open a business - but what if the property is revealed?

Notary offices are divided into districts depending on which letter the deceased's surname begins with. Information about the case has been preserved for more than seventy years. But a notary does not have the right to present it to non-heirs: when he has a doubt that a person is not an heir, it will be possible to obtain a case only upon a court request at the place of opening the inheritance by paying a fee on the market value of the estate.

In the application for the issuance of a certificate of the right to inheritance, absolutely all the relatives of the deceased, who are known to the applicant, are entered. In the case when the heir tries to hide, even if some information about possible heirs under the law, about whom he knows, he can be deprived of his share in the inheritance through the court, as a person who is trying to contribute to an increase in his hereditary share under Art. 1117 of the Civil Code of the Russian Federation.

After that, the notary has a reason to make inquiries to the credit organization, where it is possible that accounts have been opened with the testator.

Inheritance can also occur through a representative, when this is directly indicated in the power of attorney.

The notary's office takes a fee for the conduct of the inheritance case, and because of this, everything that is included in the inheritance must be evaluated by appraisers. The assessment is carried out for the money of the heirs in proportion to the shares.

When registering an inheritance, you need to submit to a notary office:

Form 9 to establish the place of opening the inheritance;
document of title: contracts, documents of ownership, certificate of the right to inheritance, extract of the chairman of the cooperative on the share in the cooperative, marriage contract;
death certificate (issued by the registry office on the basis of certificates from the medical institution about death. At this moment, the person is removed from the register at the place of registration);
evaluation report;
at the request of a notary office - technical documentation for real estate;
other documents that confirm kinship (birth certificate, marriage certificate when changing the surname, etc.).

The question arises: what about movable objects? Does the presumption of ownership of the owner apply to them? Notaries are wary: maybe the inheritance was in storage, and title papers are usually not issued. Therefore, it is recommended not to appraise property in order not to pay money to appraisers. If a person submits an application without part of the documents or sends them by mail, the notary still has the right to accept the application and wait for the missing documents to arrive.