How to get an inheritance

01.01.2011 10:50
Immediately, I note that formalize the adoption of (obtaining) the inheritance can only be a notary. So if you are an heir, then as soon as possible contact the notary public's office at the place of residence of the testator. And, to draw your attention, you need to go to the notary public exactly, as private notaries matters of inheritance are not engaged.

Under the current legislation to take the inheritance in three ways:

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successors deemed to have accepted the inheritance, if they filed a notary declaration of acceptance of inheritance;
if the heirs on the death of the testator resided with him;
if the heirs are minors, minors, incapacitated persons, as well as individuals, civil capacity which is limited.

Consider the first way, which is also is also the most common - supply notary public statement of acceptance of the inheritance.

If there is no probate and inheritance according to the law, the heirs are called upon to inherit in turn (on these lines I described in detail in the year before release). Definition of queues, successors and whether they have grounds for an inheritance - all of this work is a notary public. Also, the notary must perform the following actions: notify the heirs and creditors of the testator, take statements from them, calculate the part of the estate to each heir, all the participants to clarify their inheritance rights and responsibilities with respect to inheritance, to help them, etc.

The second method is applicable to the heirs, who were living together with the testator before his death. Such a method is provided in Part 3 of Article 1268 of the Civil Code.

The heirs of the legacy thus belong to the so-called privileged categories. This is due to the fact that the inheritance they need not apply, it is only necessary to document the fact of his residence along with the testator.

The proof of this fact can serve as an entry in the passport heir (which he is registered in the same apartment / house), a certificate from the housing organization, and other documents confirming this fact.

Part 4 of article 1268 of the Civil Code provides that a third way the inheritance - the adoption of the inheritance minor, minors, incapacitated persons, as well as individuals, civic capacity are limited. These groups also are heirs to a privileged category, because the inheritance they also do not need to lodge a notary public statement of acceptance of the inheritance.

And finally add that the inheritance can not only receive but also give it up. At the unwillingness to accept the inheritance of any heir may apply for a waiver of the inheritance. This right is provided by part 1 of article 1268 of the Civil Code.

For registration of renunciation of the inheritance, the heir must file a notary public on the contents of the corresponding statement - a statement renouncing the inheritance.
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