The procedure for entering into inheritance according to the law: sequence of inheritance, scheme

Our lawyer for inheritance disputes will help resolve the dispute with the heirs: professionally, on favorable terms and on time!!! There are really a lot of questions about how the inheritance is divided, who gets what, and most importantly, in what amount, so let’s figure it out.

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How is the inheritance divided if there is no will?

When a citizen dies, he becomes the testator of his property to his loved ones, who become heirs. During their lifetime, many people do not think about how their property will be managed in the future, so they do not make a will in case of death. The scope of inheritance is regulated by civil law and other laws. There is a distinction between inheritance by will and inheritance by law, in case there is no will. If there is no will, then inheritance is determined by law, that is, in order of priority (see below for how the inheritance is divided between lines).

To receive an inheritance if there is no will, you need to perform a number of actions:

Submit an application at the place of opening of the inheritance with a notary
Provide a package of documents to the notary along with the application (this is necessary in order to obtain a certificate of inheritance, as well as establish the fact of inheritance). Usually they are asked to provide a passport, documents confirming the grounds for inheritance and a payment order for payment of the state fee.
Obtain a certificate of inheritance and divide the inheritance between all claimants (since there is no will, the property is divided in turn, but the heirs can also enter into an agreement among themselves on the division of property.
Register the ownership of real estate (if you inherited real estate, you need to register ownership of it).

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How is the inheritance divided if there is a will?

If upon the death of a citizen there is a will drawn up, then the division of the inheritance will be divided based on its contents. The testator can include any persons who are heirs, and can also exclude someone. The testator has the right to bequeath any property to one or more persons. If the will does not provide for shares or rights to certain property, then the property is divided between the persons in equal shares. If an indivisible thing is indicated in the will, then it is divided in equal shares of the value of this thing, and in the event of a dispute between the heirs, this issue is resolved by the court.

The will is certified by a notary, written down from the words of the testator under dictation by a notary. After the notary has drawn up the text of the will, the testator must familiarize himself with it and sign it (if the testator, due to certain circumstances, cannot sign the document, then another person signs for him, and a note is made accordingly). It is also possible to draw up a closed will, which is handed over to the notary in an envelope.

The execution of a will is carried out by the heirs specified in the will from the date of opening of the inheritance, except if an executor of the will is appointed. If an executor is appointed, he takes all measures for the correct execution of the will provided for by law, since he is entrusted with powers.

The only thing that needs to be provided is that the law always takes the side of close relatives of the deceased and, regardless of the contents in the will, at least half of the share is inherited by minors and disabled children, disabled spouses and parents and dependents. They have the right to the inherited share, since it is obligatory.

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How is the inheritance divided between legal heirs?

The first thing you need to know is when inheritance by law is possible:

Inheritance by law is not changed by a will, that is, the testator did not make a will during his lifetime
The will was declared invalid by the court
The heirs under the will did not accept the inheritance (the will was not presented for execution)
The heirs under the will refused the inheritance
The will is canceled by the testator
The heirs under the will are excluded from inheritance as unworthy
The heir under the will died before the opening of the inheritance or at the same time as the testator, and the will does not designate an heir

As is known, there is a strictly defined order of inheritance , based on kinship and marital relations with the testator, but when dividing the inheritance, the priority right of inheritance by the disabled dependents of the testator, who have the right to an obligatory share in the inheritance even in the presence of a will, is taken into account.

Heirs of subsequent orders inherit only on the condition that there are no heirs of previous orders: either they are absent altogether, or none of them has the right to inherit, or all the heirs of the previous order did not accept or refused the inheritance.

The law provides for eight lines of inheritance (Articles 1142-1148 of the Civil Code of the Russian Federation):

1st priority: children, parents, spouse of the testator (grandchildren inherit as part of the first priority by right of representation )

2nd priority: siblings and step-brothers, as well as grandparents of the testator (the testator’s nephews and nephews inherit as part of the second priority by right of representation)

3rd priority: siblings and half-brothers and sisters of the testator’s parents, i.e. uncles and aunts on both sides (cousins and brothers inherit in third place by right of representation)

If there are no heirs of the first three orders, then the right of inheritance is transferred to the heirs of the subsequent orders:

4th stage: great-grandparents of the testator

5th line: cousins, granddaughters and great-aunts, grandfathers of the testator

6th line: great-great-grandchildren and great-uncles, aunts of the testator

7th stage: stepsons and stepdaughters, as well as stepfather and stepmother of the testator

8th stage: disabled dependents of the testator who are not related to him

One important aspect should also be remembered: conceived a child during his lifetime , then the inheritance can be divided only after the birth of this child, since he will be the heir of the first priority and share the inheritance equally with other called heirs.

Read more about how the testator's grandchildren inherit, who is considered the testator's disabled dependents, and how the inheritance is divided if there are disabled dependents of the testator .

Lawyer on inheritance issues in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

The first principle of inheritance by law says that the inheritance is divided only between the heirs of one line called to inherit . Heirs of the second and third orders, and even more so heirs of subsequent orders, do not have the right to claim an inheritance in the presence of first-priority heirs, with the exception of the disabled dependents of the testator, who have the right to inherit on an equal basis with the called heirs, regardless of which order of inheritance they themselves belong to.

The second principle of inheritance by law is the principle of equality of shares in the inheritance.

The division of the inheritance between the heirs of the called line is based on equality of shares (Part 2 of Article 1141 of the Civil Code of the Russian Federation).

However, shares in the inheritance are not always distributed equally. This applies to cases where the right of inheritance after the death of the testator passes to the heirs by right of representation and in the order of hereditary transmission .

If there are several heirs by right of representation or heirs by transmission, they do not inherit on an equal basis with the other heirs of the called line, but share among themselves only one share of the inheritance, which was intended for the deceased heir (Articles 1146, 1156 of the Civil Code of the Russian Federation).

How is the inheritance divided between the queues?

When there is no will, the division of property between the heirs is divided in order of priority (according to the law), that is, as the law suggests. The heirs appear in different queues based on their status. The division of the inheritance occurs in the following order:

1st stage . Children, spouse and parents.

2nd stage . Full and half-siblings, paternal and maternal grandparents.
3rd stage . Full and half-siblings of parents (aunts and uncles).
You need to know that if there are no heirs of the first priority, then the right of inheritance automatically passes to the second, if there is no second, then to the third, etc. If there are no heirs of the main three queues, then the inheritance will be divided between the following queues:
4th stage . Great-grandparents.
5th turn . Children of nephews and nieces and siblings of grandparents.
6th turn . Children of cousins' grandchildren and granddaughters.

7th turn . Stepfather, stepmother, stepdaughters and stepsons.

When inheriting by law, you need to know that adopted children and adoptive parents, as well as persons who were dependents, have the right to inherit. Adopted children and adoptive parents are treated as blood relatives. Dependents (disabled persons, such as minors) also have the right to inherit, whether they lived with the testator or lived separately. Otherwise, dependents receive inheritance in eighth order.

Inheritance by right of representation is also distinguished in this group. This is a situation when a person belonging to one of the queues dies even before the death of the testator, and the inheritance passes to the descendants of this person, for example, to grandchildren, children, full and half brothers and sisters.

Features of the division of inheritance by law or by will: how shares are distributed according to the Civil Code of the Russian Federation

As already noted, inheritance can occur in two ways:

according to the law (Chapter 63 of the Civil Code of the Russian Federation);
by will (Chapter 62 of the Civil Code of the Russian Federation).

In this case, the second case takes precedence over the first.

The order of inheritance by law is applied if this does not contradict the testamentary document, as well as in other situations provided for by law. These options are exhaustive, since current legislation does not provide for other grounds for transferring property by inheritance.

For example, inheritance is prohibited in connection with the conclusion of any agreement that was not legally recognized as a will. Such a document will not have sufficient legal force to carry out the procedure for transferring inheritance rights.

Part three of the Civil Code of the Russian Federation establishes eight succession lines. According to Article 1142 of the Civil Code of the Russian Federation, first-degree successors include spouses, children and parents of the testator. If there are no such heirs, then their rights to the transferred property are acquired by participants of the second stage, such as full and half brothers or sisters, grandparents of the deceased, as well as nephews and nieces of the deceased, who receive the inheritance by right of representation.

Important! The heirs may renounce their part of the inheritance in favor of the conditions provided for in the will of the deceased. In addition, such a refusal can be made in favor of persons belonging to another queue. Moreover, in case of refusal, compliance with the queue is not required - the heir of the first stage can refuse in favor of the heir of the third stage, bypassing the second.

Article 1146 of the Civil Code of the Russian Federation provides that heirs of the first priority receive inheritance in property on equal terms.

Example. Half of the inherited apartment must be divided equally between the heirs of the first stage, namely, between the spouse and children of the deceased. In the event of the death of a husband or wife, from the common property acquired by a married couple during marriage, the part of the surviving spouse is first allocated, and the share of the deceased is already distributed among the successors. Thus, if a married couple had two children, then the husband or wife of the deceased, as well as their common children, will receive 1/6 of the share of the inherited apartment.

How is the inheritance divided between spouses?

In accordance with the law, the property of spouses can be personal (for example, before marriage) and common (acquired joint property). An inheritance is something that the parties accept as a gift, that is, it belongs to them as personal property (for example, a wife inherited an apartment, personal property) and it is not subject to division. It’s another matter when both spouses are given an apartment as a gift, then it will be considered common joint property.

Situations may arise when a husband and wife become co-heirs of property, for example, they are both indicated in the will, or by law they received an apartment from their deceased son. They both have the right to inherit it.

Upon the death of a spouse (testator), the other spouse, by virtue of a will or law, has the right of inheritance to property acquired during the marriage, which is their common property. In some cases, a spouse may be able to claim the decedent's personal belongings if he provides evidence that during the marriage he made significant investments in the spouse's personal property (for example, repairs, reconstruction).

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How is the inheritance divided between the wife and children after the death of the husband?

The children and spouse of the testator are classified by law as heirs of the first priority, as his closest relatives.

Accordingly, when dividing the inherited property, their shares will be absolutely equal , although in reality it seems that the surviving spouse receives the largest part of the inheritance.

This is due to the spousal share of the surviving spouse.

Let's figure it out.

The property of spouses in a registered marriage, and acquired during this marriage, belongs to both of them equally, that is, it is their common property (Article 256 of the Civil Code of the Russian Federation).

If at the time of the death of one of their spouses all jointly acquired property is distributed between them in equal shares, then no questions arise in the future; only the testator’s share will be included in the estate.

If all jointly acquired property is registered in the name of the testator by the day the inheritance is opened, then the marital share of the surviving spouse must be allocated , and this allocated marital share is not subject to division between the heirs; only the remaining half of the property, and the heirs of the first priority, are included in the category of inheritance , including the surviving spouse himself, inherit it in equal shares.

Thus, half of the property passes to the surviving spouse not by inheritance, but as a marital share .

As we see, there is no deviation from the equality of shares when inheriting by the spouse and children of the testator.

How is inheritance divided between children from different marriages?

In Russia there are more and more families where children from different marriages are growing up. Minor children have the right to claim an inheritance even from someone other than their own, if they live with him. By law, children are first in line to accept the inheritance from the testator, regardless of whether there is a will or not.

If the child is not his own (living, for example, with a stepfather) he will be recognized as a dependent and will also have the right to inherit, since he is a minor and disabled. Based on the law, a child from another marriage who is recognized as a dependent will inherit along with other heirs according to the law on an equal basis.

How is the inheritance divided between the wife and children?

Upon the death of a spouse, according to the law, the inheritance is primarily inherited by the wife and children, even regardless of whether a will has been drawn up or not, since regardless of the contents of the will, they will still have the right to at least half the share (if the spouse is disabled) of the inheritance property equal to its legal (obligatory) share.

Division of inheritance and types of inheritance

According to the same legislative acts, property from the testator to the heirs can be transferred in several ways.

According to the will. In this case, the owner of the property, during his lifetime, independently draws up a list of things to which he has an inalienable right of ownership, and describes to whom he would like to bequeath each of them. However, there is one important point to consider here. If the drafter of the will did not indicate which shares of the property should be transferred to whom, then the question of how to properly divide the inheritance is decided in accordance with the first paragraph of Article 1122 of the Civil Code of the Russian Federation. According to the information provided in it, in this case all shares of the heirs will be considered equal.

In addition, in order to understand how to properly divide the inheritance, it is important to remember about the mandatory shares of the inheritance, which may be claimed by the testator’s minor or disabled children, as well as his disabled parents, spouse and/or dependents. Regardless of whether these persons were mentioned in the will or not, they are entitled to no less than half the share of the inherited property, which would be due to all heirs in the event of receiving an inheritance by law.

Thus, the above-mentioned heirs have preferential rights when dividing the inheritance, regardless of the wishes of the testator himself. - in law. This method of inheritance comes into force only if the testator did not leave behind any will or if it was not executed in accordance with the procedure established by law (incorrect execution, drawing up in an incapacitated state, etc.).

The essence of dividing the testator's property according to the law is that the heirs of the highest priority have priority rights when dividing the inheritance. At the same time, they receive equal shares of the property.

In case of any disagreements related to inherited things, it is best to resolve everything amicably by drawing up a written agreement about what exactly each of the heirs will receive.

There are also situations when the rules for the division of inheritance require the heirs to receive equal shares of the property, however, due to the different values of each part of it (apartment, land, car, etc.), this is not possible. Under such circumstances, it is best to sell the property and divide its cash equivalent equally.

If the rules for dividing the inheritance cannot be followed or the heirs cannot reach an agreement, the only way out is for the disputing parties to go to court together.

How is the inheritance divided between children and grandchildren?

In the event of the death of grandparents, the inheritance first goes to their children and spouse. Based on the law, inheritance is possible by right of representation. The right of grant is a situation where a party dies in line before the death of the testator, then the inheritance is received by persons who have the right to the right of representation.

For example, if in the first place, the spouse died before the death of the testator, then his share can pass to the grandchildren by law (if they are not deprived of the inheritance).

Disabled dependents who have lived with the testator for at least a year can also claim an inheritance, for example, a minor grandson was dependent on his grandmother and lived with her, then he also has the right to inherit in the first place, regardless of whether his parents are alive or not. Disabled dependents, along with disabled children and spouses, have the right to inherit at least half of the share that would be due to each of them.

Our lawyer for inheritance disputes will help resolve the dispute with the heirs: professionally, on favorable terms and on time!!!

Indivisible things in inheritance

Russian legislation also distinguishes between so-called indivisible things. These may include inheritance of an apartment, car, garage, musical instrument and other property, the division of which is impossible without preserving all the functions assigned to it.

For such an inheritance, the property is not divided, but is completely transferred to the heir who has the priority right to receive it. This may be a person who has joint ownership rights with the testator. In this case, the indivisible inheritance (the division of property cannot be carried out physically) passes to the heir with priority rights against his total inheritance share.