Inheritance disputes are the most common in the judicial practice of any state. What are the legally enshrined forms of division of property and how to enter into inheritance?
Instructions
Step 1
Find out all the circumstances under which you and your family members will have to inherit. Find out from the notary whether the testator left a will, what share is owed to you and for which property you need to issue a certificate.
Step 2
If a will exists, find out if it indicates the shares allocated to each of the heirs. In the event that there is no direct indication, the division of the property of the deceased will be carried out equally among all the heirs, but only after the mandatory shares are allocated (disabled parents and spouse, minor children and other dependents). They are entitled to at least half of the share that they would have received by inheriting by law.
Step 3
If you find out that the deceased did not leave a will, enter into an inheritance by law in accordance with the sequence. If you are the heir of the 1st stage, which includes the spouse, parents or children of the deceased, then by law, you will have to receive equal shares of the divisible or indivisible property. Indivisible property (house, apartment, land plot, car) can be sold, and the amount received for it will be divided equally among all existing heirs under the law (including incomplete parents or children). The value of a property is determined in accordance with its market value. If disputes arise during the division of real estate or the amount of money received for it, go to court.
Step 4
In the event that you used the indivisible property before the death of the testator permanently, then you have a priority right to it over other heirs who did not previously have the right to use it. Please note: the preemptive right can be exercised only within 3 years from the date of opening an inheritance case with a notary.
Step 5
Contact a notary (according to the first letter of the testator's surname) no later than 6 months from the date of death of the testator to open an inheritance case. If no other heirs are identified within 6 months, you will receive a certificate of the right to inheritance.
Step 6
If you find out that the inheritance includes indivisible property, register your ownership right with the FRS on the basis of the certificate issued to you. The inheritance, calculated in monetary terms, you can receive at the appropriate bank by making a request there through a notary and presenting a certificate after receiving the request.
