What is the order of succession?

22.01.2011 18:10
Articles about real estate | What is the order of succession? Inheritance can be obtained in the case of death of a citizen or a confession he had been dead in the law.

* Inheritance is: by law;
* Bequest.

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* Inheritance by law in case of: if the testator (the deceased) left no will,
* When a will is declared invalid in accordance with the law,
* If all the heirs as a bequest renounced the inheritance
* If all the heirs have died for the opening of the inheritance (ie the death of the testator).

If the property is made a will - there is a testamentary succession.

It is also possible both inheritance and the law, and legatees. This situation arises when a will is not drawn on all the property or have heirs that are not specified in the will, but are eligible for the mandatory part, or if the will is recognized partially invalid.

The legislation provides for the cases of transition of the estate to the state:

1. If the testator bequeathed to the State all the property or part thereof,

2. if there are no heirs of the testator or by law or by will,

3. if all the heirs have refused from the inheritance,

4. if all the heirs have no right of inheritance,

5. If none of the heirs did not accept the inheritance.

Heirs may be persons who were alive at the time of the testator's death, as well as children conceived during his lifetime and born after the testator's death, but if they were born nine months after his death.

Heirs can not be a person who intentionally deprived of life of the testator or any of the heirs to the inheritance or implemented an attempt on their lives.

To eliminate such a citizen of the number of heirs in a notary's office provided a copy of the verdict, which shows that the crime carried out in order to obtain property of the testator. Can not inherit under the law's parents after the death of children, if in respect of them, they have been deprived of parental rights on any grounds.

Inheritance by law is carried out in order of priority.

* The first line of heirs are: children (including adopted children)
* Wife and parents (or adoptive) deceased
* And grandchildren, if at the time of opening the inheritance is not alive to the parents, who were called to an inheritance.

The heirs of the first stage inherit property in equal parts.

* If there are no heirs of the first stage, or if they have not accepted the inheritance, the heirs are called upon to inherit the second stage: the brothers and sisters of the deceased,
* His grandfather and grandmother by the mother and father's side.

A special category of heirs under the law are the disabled persons. These include persons who were deceased on the content of not less than one year at the time of his death and were unable to work at the time of his death. If there are heirs of the first or second stage, dependents, heirs inherit equally with that line, which calls for an inheritance.

Inheritance of household furnishings and use differs from the general rules of inheritance. These items are passed to heirs who have resided together with the testator is not less than one year to the time of his death, irrespective of their stage and their part in the total mass of the estate. For the subjects of domestic consumption does not include luxury items and items that have historical, scientific or other value.

When you inherit under the will, the will must be in writing, signed by the testator in person and notarized. You can not make a will through a representative. The will must be written so the disposal of the testator did not cause any ambiguity or contradictory interpretations. For reassurance testament testator shall pay a state fee of $ 0.05 non-taxable minimum incomes of citizens.

The legislation provides for cases where a will be certified by a certain category of officers and equated to a notarized. In these cases, stamp duty is paid the same amount.

It can be made in favor of any person or several persons in the state or organization. The testator may bequeath not all of his property, but only part of it, then part of the property, which was not bequeathed, transferred to heirs by law.

Regardless of the list of heirs, which determines the testator in his will, the right side of the property will have:

* Minor or disabled children of the testator (including adopted children),
* Disabled wife
* Disabled parents (adoptive parents) and
* Dependents of the deceased.

A portion of each of them will be not less than two-thirds of which would belong to each of them in the inheritance by law (mandatory part).

The testator may at any time to change or cancel a will and made new in the same manner. Each of the following will cancel the previous one, in full or in part, in which he contradicts it.

* The will may be invalidated if: the person forming it, was incompetent or could not understand the significance of his actions that established the court;
* Not complied with a mandatory written, notarized form will;
* As well as other cases.

If the will is null and void in its entirety, the estate passes to heirs by law, and in their absence - in the state.

In order to become the owner of the estate, it is necessary that the heir has accepted it. Inheritance shall be opened since the death of the testator or from the date of recognition of a person dead. Actions, acceptance of inheritance, as are common for the heirs under the will, and to the heirs at law or may be held personally heir or his representative.

But the heir who accepted the inheritance, has no right to dispose of inherited property (to sell, donate, etc.) before the end of six months from the date of opening of the inheritance or obtain a certificate of inheritance.

For the issuance of the certificate shall be paid in stamp duty rate of 0,5% of the amount of inheritance.

After obtaining the certificate of inheritance, the heir may dispose of property at its discretion.
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