Registration of inheritance through court

Registration of hereditary rights can be carried out in two ways: through a notary and in court.

The first method is applied in the absence of any disputes between the heirs, and also if the period of treatment (6 months) with the application for inheritance is not violated. After writing the application in half a year, the notary issues a certificate confirming the applicant's right to property.

Registration of the inheritance through the court is made in the following cases:

• If the term of entering into the inheritance (6 months) is missed, but the heir did not know about the opening of the inheritance or there were valid reasons preventing it (staying in a hospital, a prison, long business trips, etc.);
• In case the heir did not file an application, but actually entered into the inheritance, as he used property (for example, he lived in an apartment and paid for utility bills);
• In the presence of disputes between heirs;
• For the recognition of a will as invalid;
• To establish kinship;
• To appeal against actions of a notary;
• To recognize the right to inherit property;
• To recognize the right to inheritance as invalid;
• in other cases.

In court with a statement of claim for the implementation of inheritance rights can apply either the heir himself, or his legal representative. In order for the document to be written more competently, it is worthwhile to turn to a lawyer. Also, at will, he will represent interests in court.

What documents are needed?

• The statement of claim (in 2 copies);

• The document proving the identity (usually a passport);
• A document proving the relationship (birth certificate, marriage certificate, etc.);
• Testament (original and copy) in its presence (there should be a note of the notary that it did not change);
• Original and a copy of the testator's death certificate;
• Documents on inherited property;
• Other documents that matter (scripts and copies).

Registration of the inheritance through the court in case of missing the deadline for entry into force must be carried out on the basis of an application submitted within a period of up to 6 months from the moment the circumstances that prevented it fell away. The court examines the reasons referred to by the heir, and, in the case of their recognition as respectful, decides on the restoration of the term. In this case, the rights of persons who inherited property are canceled. If the property is sold to bona fide buyers, then it will not be possible to return it. In the presence of the intent of a person who quickly sold the property and knew about the rights of the heir who missed the deadline, the latter can apply with a statement of claim for recovery of damage.

Registration of the inheritance through the court is very often, especially with its actual adoption. The heir does not want to do this and only in the future, when selling or other cases, there is a need for it. In this case it will be necessary to provide documents confirming its adoption: receipts for payment of utility services, purchase of construction materials for repair in the house, etc.

In the presence of disputes with other heirs, it will be necessary to take care of collecting the evidentiary basis: documents, witnesses, etc. Often this requires the sending of requests to various organizations, and it is almost impossible to do without the professional help of a lawyer.

Registration of the inheritance through the court is also carried out if the heir by law believes that the will is forged or it was written by a person who was incapacitated at that time or under someone's influence. To establish kinship apply in case of loss of supporting documents.

Execution of inheritance rights is a lengthy process, with many nuances, often requiring considerable money investments, as it is necessary to pay for the services of a lawyer, as well as a state fee.