The procedure for registering an inheritance through the court

When an inheritance is formalized through court

Circumstances under which entry into inheritance is possible only through court:

• a will made in emergency circumstances;
• missing the deadline established by law for accepting an inheritance;
• the need to establish a relationship;
• proof of actual acceptance of the inheritance;
• lack of a registered right to the testator’s property;
• dispute between heirs regarding the division of inheritance;
• invalidation of a will;
• recognition as unworthy of an heir.

How to register an inheritance by court decision

Procedure for registering an inheritance through the court:

1. Prepare documents for going to court

• documents confirming relationship;
• if the deadline for accepting the inheritance has been missed, document the validity of the reasons;
• document the actual acceptance of the inheritance;
• death certificate;
• title documents for property;
• refusal of the notary (if such a fact occurred);
• receipt of payment of state duty.

1. Preparing an application to the court.
2. Submitting an application and documents to the court.
3. Adjudication.
4. Obtaining a court order.
5. Registration of ownership of property.

The parties can appeal the court decision within two weeks

After receiving a court decision, you must contact a notary with an application to accept the property. After the expiration of the period allotted for inheritance, obtain a notarial certificate.

In order not to contact the notary again, the heir can recognize the ownership of the inheritance through the court.

The application can be submitted using a simplified procedure. The list of cases considered by the court in special proceedings is presented in Art. 262 Code of Civil Procedure of the Russian Federation. These are cases in which the property interests of other persons are not affected - the establishment of facts of legal significance; confirmation of relationship; restoration of lost judicial proceedings.

If the main participants in the dispute are both the plaintiff and the defendant, the consideration of the case can take place through a lawsuit. A statement of claim is filed with the court.

Sample statement of claim

A positive outcome of the case depends on the literacy of the application. Depending on the specifics of the problem, the text may vary significantly, but there are standard requirements that must be taken into account. One application may include several requests. An incorrectly completed application is one of the most common reasons for refusal.

We recommend reading: Application for actual acceptance of inheritance: sample

The standard form should include:

• Name of the judicial authority, location address;
• Information about the compiler, registration address, actual residence;
• Full name of the defendant, data if there is a defendant;
• The estimated value of the property you are applying for;
• In the middle I write the name of the paper;
• The text contains information about the testator, the date of his death, and his last place of residence;
• Indicate the reasons for allocating a share, the details of the applicant;
• Information regarding other applicants;
• Describe the property
• The essence of the claim;
• Requirements;
• Refer to the legislative act;
• Write down a list of attached documents;
• Certify the paper with a signature and the date of preparation.

Everything described in the text of the statement is documented. It is necessary to provide a number of copies equal to the number of persons involved. Be sure to provide a copy of the state fee payment.

How to draw up a claim correctly

When drawing up a statement of claim, you must be guided by the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The appeal is submitted in writing, the number of copies corresponds to the number of participants in the process.

Basic provisions of the contents of the statement of claim

1. name of the court
2. plaintiff's details:

• Full name;
• location;
• contacts (phone, email).

1. information about the defendant:

• Full name;
• location;
• Date and place of birth.

1. cost of claim;
2. information about the testator, property;
3. a description of the situation that led to the dispute;
4. evidence supporting the circumstances;
5. information about pre-trial settlement;
6. legal acts, references to legislation;
7. final requirement;
8. list of documents;
9. signature of the plaintiff or representative.

The circumstances specified in the claim are supported by documented evidence.

List of documents attached to the claim

• passport (copy and original);
• will;
• death certificate;
• confirmation of family ties;
• property documents;
• assessment act;
• receipt of payment of state duty;
• evidence for the stated requirement.

Each situation has its own package of documents and evidence. The documents are numbered and filed with the statement of claim.

Time limits for going to court

According to Article 1154 of the Civil Code of the Russian Federation, the period for accepting an inheritance is 6 months from the date of opening of the inheritance. The deadlines for applying to court are as follows:

• to restore the lost period no more than 6 months from the moment the successor learned about the opening of the inheritance
• to challenge a will no more than a year from the moment when the plaintiff should have learned about the contestability of the will
• The statute of limitations is three years from the date the plaintiff learned of the offense
• the total period is not more than 10 years from the date the dispute actually arose

State duty when entering into an inheritance through the court

The state fee for filing a claim is 300 rubles per claim. If several claims are made, 300 rubles are paid for each claim.

If the requirement is for the division of inherited property, the amount of the state duty will depend on the price of the claim. State duty calculation table:

The state duty when registering an inheritance depends on the degree of relationship and the value of the property. Close relatives – 0.3% of the value of the inheritance, all others 0.6%

Peculiarities of drawing up a claim under various circumstances of inheritance

Restoring the missed deadline for accepting an inheritance

To submit this application, there must be valid reasons for missing the deadline and strong documented evidence (Article 1155 of the Civil Code of the Russian Federation). The statute of limitations is three years from the moment when the applicant for the inheritance learned or could have learned about the violation of his property rights.

Recognition of the heir as unworthy

In a claim to restore the term, you can make a demand to recognize the other heir as unworthy due to concealment of information. The defendant will be an unworthy legal successor (Article 1117 of the Civil Code of the Russian Federation).

Division of inherited property

When considering a statement of claim, the financial situation of the parties, testimony of witnesses, participation and financial investments in the disputed property and the requirements of the legislation of Art. 1164-1170 Civil Code of the Russian Federation.

Contesting a will

To challenge a will, the statement of claim is supported by documents that are evidence for the legal revocation of the will (Civil Code of the Russian Federation, Article 1131).

Grounds for revocation of a will:

• violation of the form and content of the will;
• the interests of other participants are infringed;
• drawing up a document by an incapacitated person;
• registration under duress;
• fraudulent activities.

Claim to restore the deadline for accepting an inheritance: key information

To start legal proceedings, you will need to file a claim to restore the deadlines for accepting the inheritance. The presented procedure will need to be taken responsibly - this is not just a formality, and if the court finds the reasons unjustified, the claim may be rejected. Only if you provide objective information about the reasons, the court will meet halfway and satisfy the requirements.

The claim for restoration of the period for accepting an inheritance is drawn up in accordance with procedural standards and includes the information indicated below:

• The name and address of the court to which the claim will be filed to restore the deadline for accepting the inheritance. Thus, at the initial stage, the authority of jurisdiction is determined. Typically, statements of claim regarding inheritance cases are filed at the place of registration of property or at the last place of residence of the testator - it depends on the type of property;
• Information about the applicant - last name, first name, patronymic, contact phone number, registration address. Information from the presented, as well as the above paragraph, is written in the header of the application;
• Information about the deceased;
• The grounds on which the plaintiff has the right to enter into inheritance rights (indication of information in the will, close family connection);
• Information about the inheritance mass in the claim;
• The value of the estate - to determine the amount of the state duty on the claim;
• The reasons why the heir missed the period of time established by law, as well as evidence of the circumstances presented;
• List of documentation that is submitted together with the statement of claim, item by item;
• Date, signature at the bottom of the claim.

It is quite difficult to independently draw up a claim to restore the term for accepting an inheritance, especially if you have not previously encountered the need to draw up procedural documentation. In this case, the best solution would be to use a sample application, or use the help of a specialist from a law firm. The second method is more preferable - you will get high-quality results within a short period of time.

Questions about inheritance: answers from a lawyer

Is it possible to challenge a will?

A will may be declared invalid by a court upon the claim of a citizen whose rights or legitimate interests are violated by this will. To do this, it is necessary to confirm the circumstances that caused the violation of the plaintiff’s rights.

What to do if the deadline for accepting an inheritance has been missed?

An inheritance can be accepted within six months from the date of opening of the inheritance (Article 1154 of the Civil Code of the Russian Federation). At the request of an heir who has missed the deadline, the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know about the opening of the inheritance or missed this deadline for other valid reasons (Article 1155 of the Civil Code of the Russian Federation).

What documents are needed to inherit an apartment through court?

For real estate (apartment), you must provide the following package of documents: an extract from the Unified State Register of Real Estate, the basis for the emergence of the right (purchase and sale agreement, equity participation agreement..), technical passport, apartment appraisal report, certificate of residents living in the apartment.

Deadlines for filing a claim

Registration of inheritance through the court requires a certain procedure. Recognition of inheritance through the court is possible within three years from the date of receipt of information about the violation of the plaintiff’s rights. In each case, a specific event can serve as a starting point. The court may refuse to recognize the right to inheritance. The successor has the right to appeal to a higher authority. Actual acceptance and establishment of kinship have no appeal period.

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If the remaining applicants received certificates, after a positive decision is made, they are canceled, and a redistribution takes place taking into account the revealed facts. If the successor is deemed unworthy, he is obliged to return all valuables and compensate for the amount of benefits received during the period of use.