Tip 1: How property is inherited
Tip 1: How property is inherited
After the death of a person, questions,connected with the inheritance of his property. Potential applicants for the property of the deceased should not only know the types of inheritance, but also understand the procedure for its execution.
You will need
- Civil Code, certificate of death.
Examine the current legislation in parttypes of inheritance. The property can go to the heirs, both legally and on the basis of a will. All the relatives of the deceased are to some extent the heirs under the law. Depending on the degree of kinship, several queues for the inheritance are established: the first, second, third, etc. Each of the queues inherits strictly after the previous one. Under the will property can be obtained and people who are not related to the relatives of the deceased. In addition, the will can be executed in favor of legal entities or the state. Inheritance by will has advantages over inheritance by law.
Come to the notary to takeinheritance. To do this, write one of two possible statements: the acceptance of the inheritance or the issuance of a certificate of the right to inherit. This must be done in the course of 6 months that have passed since the death of a person. Within this period, a person may also renounce his inheritance (both entirely and in part) in favor of other heirs or third parties. In case of missing the allotted period, it can be renewed in court or with the consent of all other heirs. In the latter case, the notary annuls the old certificate of the right to inherit and formalizes a new one.
Choosing a notary to design yourinheritance, remember these rules. The legacy is opened at the last place of residence of the deceased. If it is unknown, then for obtaining an inheritance, one should go to a notary on the territory of the location of the property or the most expensive part of it.
Take a notary certificate of the right toinheritance. It is made not earlier than 6 months after the death of a person. A notary may issue as one certificate to all heirs, and to issue to each heir a separate document for the part of the property belonging to him personally.
If the rights to property received in the orderinheritance, are subject to registration, legalize ownership in the necessary state registers. Please note that the property rights exist with the heir from the death of the testator.
Tip 2: Inheritance of land
Land plothereditary mass, inherited in the general order under Art. 1181 Civil Code of the Russian Federation. To inherit a land plot means to acquire the right of ownership or the right of possession (lifelong and inherited) to the surface layer, water bodies and plants located in the border of this site.
If several heirs can be divideda land plot that passes by inheritance, but only with the observance of such a requirement: the minimum size of the plot must comply with the norms that are fixed, either by regional or local laws. For example, the minimum size of a plot of land to be used for the construction of a residential house is established by local government bodies. If a land plot can not be divided, then he inherits from the heirs, who have a pre-emptive right to an hereditary share. Other heirs are either transferred other property from the inheritance or monetary compensation is paid. In case if no one has a pre-emptive right to receive a land plot, it is inherited as a common share property. If the heir is under 18 years of age, his legal representatives can lease the site before the heir's age. All the unauthorized buildings on the land plot are not part of the inheritance, since the testator did not have any rights to them during his lifetime. However, this does not prevent the inheriting site from applying to the court for a claim for recognizing the ownership of an unauthorized building.