Inheritance order: priority according to law

The order of inheritance is an extremely important nuance that should interest every citizen in Russia. The matter is that according to the law the property of people after their death will be distributed among relatives according to the established rules. And everyone will have to face this. That is why hereditary disputes are often found in the courts. Each heir tries to get his share. Especially if it is initially mandatory.

So what is required to know about inheritance in Russia? What are the features of the process it is recommended to pay attention to? And in what order can you sue for recognition of the rights to this or that property as an inheritance? It is not so difficult to understand all this as it seems. The main thing is to know the basics of Russian legislation. And then all the processes connected with hereditary disputes will be understood.

Necessarily and not

The first thing that is worth paying attention to is that there are some situations in which inheritance is required. These issues occur when the division of real estate by law. By will, too. The only exception is that if the deceased wrote all the gifts and distributed everything that he has.

An obligatory share is available for some heirs. It will be put, despite all other circumstances. Who has the right to an obligatory share of the estate of the testator? Among them are:

• Disabled couples;
• Dependents;
• Incapacitated parents of the testator;
• Children who can not work and provide for themselves.

Accordingly, these categories of persons will necessarily receive one or another part of the inheritance. If the property was distributed without the participation of these people, the heirs have the right to file a claim of the established pattern. Then, after consideration of the case, the inheritance will be redistributed, but taking into account the participation of new persons.

First of all

The order of inheritance is a very complicated and difficult process. Fortunately, in Russia courts, though often face suits for the division of property, but they still very quickly resolve such disputes. All this is due to the fact that there is a certain order according to which by law all the property of a citizen will be shared.

To begin with it is necessary to consider the heirs of the first stage. These are the people between whom the division of property will take place from the very beginning. As practice shows, usually at this stage in Russia it is possible to transfer all property to the ownership of certain persons. And it does not reach other lines. Therefore, the attention of this category of citizens is paid most.

The order of inheritance in this case includes a certain circle of persons. It:

• Children (both adults and minors);
• The parents of the testator;
• The spouse.

All these are the persons between whom the property is distributed first. Also here you can include grandchildren and other descendants of the owner of certain objects. But to them the property passes on the rights of representation. About this type of inheritance a little later. First, it is worth considering, to whom and in what order will this or that property be transferred by law.

Second degree

Now far from the most common, but taking place in practice cases. It is clear who first of all transfers the right of ownership to the order of inheritance. And what if, for example, a person has no parents, no spouse, no children? In this case, the property will be transferred further.

In what order? In fact, priority over other relatives also takes place. But as practice shows, and also the law says, citizens can not claim as inheritors if there is at least one heir to the first order.

Who will be inherited in the second place? Among such contenders there are:

• Brothers;
• Sisters;
• Grandfathers;
• Grandmothers.

And it is important to understand that the ancestors are considered both from the side of the father and from the mother of the testator. And brothers and sisters can be not only relatives, but also collective. By analogy with the previous situation, nephews and nieces can claim in the second stage of the rights to represent property.

The third stage

What's next? On all this, the order of inheritance does not end. After all, in some situations, even such close people have no property. Then, as it is not difficult to guess, it will be possible to divide everything that was in the deceased, between the distant relatives. But again in the order of the queue.

In Russia there is a third step in the order of obtaining inheritance rights. It occurs only when there are no heirs of the previously enumerated degrees. Who can be referred to this category?

Among the heirs in this case are:

• Aunt;
• Uncle.

It does not matter whether they are blood relatives or not. The main thing is that the parents' brothers and sisters also have the right to inherit. But, as already said, only if there is none of the heirs listed earlier.

The right to represent the third stage remains for cousins and brothers. This is how the Civil Code of the Russian Federation reads. It is worth noting that inheritance of property is limited in time. The order of inheritance is just the first step that every citizen should know about. Therefore, before filing a lawsuit, it is necessary to take into account some other nuances.

Other steps

For example, how to be, if none of the previously listed citizens have a testator? How then will the property be distributed according to the law? In this case, she is not entitled to the state. Instead, there are at least 4 more priorities. That is, in the Russian legislation at least 7 levels of inheritance. Remembering them is not as easy as it sounds. That is why the recognition of property rights in the order of inheritance is controversial.

Who is considered to be in this or that category of heirs by law? Accordingly, it is possible to single out the following persons:

• 4th order - great-grandparents and great-grandmothers;
• 5-th stage - cousins grandchildren and granddaughters and the same grandparents;
• 6th priority - great-aunt and grandfather, granddaughter and grandchild;
• 7-th order of relationship - stepdaughters, stepchildren, stepmothers, stepfathers.

There are no more specific features of the direct order of inheritance. But this is only with respect to the choice of the spectrum of heirs in this or that case. In fact, hereditary cases are a very serious thing. And it must be treated with responsibility. What else should a citizen know?

Term of inheritance

There is a certain period in which you need to meet with a declaration of your inheritance rights. If a person is silent, his actions should be regarded as a waiver of property.

For the entry into the inheritance (on drawing up of the application of the established sample) it is allocated half a year. Counting starts from the moment of opening the inheritance. After this, if the citizen has not expressed a desire to receive or abandon the property, the property is distributed either between all heirs of a particular step, or passes to the next category of relatives.

If the specified deadline is missed, under certain circumstances it is possible to file a claim for the right of ownership of the order of inheritance. In this case, if the court makes a decision in favor of a potential heir, you can claim the property. If it has already been distributed, a procedure for the redistribution of property will be carried out.

On the restoration of the inheritance period

How can I restore the inheritance rights? There are several options for the development of events. Some of them in practice do not take place. Was missing the period in which the property is inherited? The order of inheritance, as already said, the process is very difficult. Therefore, each heir must report his desire to receive the prescribed share of the property. The restoration of the inheritance period takes place.

How does it happen? The following situations can be considered:

Obtaining permission for the redistribution of property from those who received the property. A citizen must provide the notary with appropriate agreements in writing. At it all applicants for the property will receive new certificates of extradition to one degree or another.

The lawsuit recognizing the right of the inheritance order is submitted to the court, after which it will be necessary to prove the validity of the reasons for which the time for receiving the property was missed. Otherwise, the statement of claim does not satisfy.

Reason for reasons

The order of inheritance of property is known. But in what situations can the right to receive a share of the deceased relative's property be restored? For valid reasons include:

• A disease of a potential new heir, interfering with the will;
• Living in another country;
• If a person did not know about their rights (that is, the death of a relative);
• Being in a difficult state, which prevented him from communicating his will;
• Natural disasters / other circumstances beyond the control of the person, according to which it was impossible to claim the inheritance.

In these situations (in the presence of evidence), the court restores inheritance rights by law. Nothing difficult or special. The main thing is that quite often it is possible to get the prescribed legal part of the property, despite the missed term of entering into the inheritance.

By right of representation

A few words about the inheritance of the rights of representation. In Russia such a situation does not occur so often. The heirs of this or that order were listed. In what situations will they receive the property?

If the heirs (direct) of a particular order of death have died before or jointly with the testator, the share that was allocated to the direct beneficiaries of the property is transferred. That is, if the parents of the child have died, the inheritance from grandmothers will first be transferred to the grandson, and then (if the child is not) - to the brothers and sisters of this same grandmother.

How to get legacy by law

What's next? Many are interested in how to get the inheritance by law. There are several options for the development of events. They need to be implemented in the specified 6 months.

The first option is to contact a notary. This employee writes an application for inheritance (or denial, you can in someone's favor). Then comes the acquisition of property. It is required to apply at the place of residence of the testator.

The second option is a claim to recognize certain rights as inheritances. But, again, after the court decision is made, one must turn to the notary.

The third way is to commit actions that clearly indicate a person's desire to obtain rights to a property. What is it about? Entry into the inheritance takes place if the potential recipient performs the following actions:

• Pays the debts of the testator;
• Ensures the safety of things;
• Is spent on the maintenance of the inheritance;
• Begins to own property.

It is in such situations that an automatic recognition of the right of inheritance occurs. But if desired, a citizen is able to write a refusal from a notary.

Decor

Now you should consider the procedure for obtaining property. Situations are different. But in general, the order can be identified as follows:

1. Appeal to a notary and writing an application for a share of the inheritance.
2. Attaching documents (about them later), certifying the rights as an heir.
3. Payment of state duty. A check is attached to the application.
4. Obtaining a certificate from a notary about property rights.
5. Registration of property. We are talking about registration. For example, in Rosreestr.

Documentation

But now it is worth considering the documents that will be required for a citizen to receive an inheritance. In fact, the list is not that big. It is worth remembering: the further the order, the more problematic the order of inheritance of property.

It is usually accepted to allocate the following papers attached to the application for a notary:

• Identity card of the heir (passport, from all applicants);
• Certificate of death of the testator;
• Documents of kinship with the deceased - a certificate of birth, of marriage;
• Receipt for payment of the fee for obtaining an inheritance.

It's all. If someone refuses the property in favor of a particular recipient, the corresponding form must also be attached in writing. Nothing difficult or special, everything is very clear. Claims of an inheritance procedure in the presence of a waiver of property in writing do not take place. A person who has already renounced the inheritance will not be able to reverse the process. Recognition of property rights by inheritance is a difficult process that requires knowledge of the established Russian legislation.