Advocacy and notary office. Issuance of a certificate of inheritance (the most important)

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Advocacy and notary office. Issuance of a certificate of inheritance (the most important)

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48. Issuance of a certificate of inheritance

A notary who has received a message about an opened inheritance is obliged to notify about this those heirs whose place of residence or work is known to him.

The inheritance opens with the death of a citizen, and declaring a citizen dead by the court entails the same legal consequences as the death of a citizen. The day of opening of the inheritance is the day of the citizen’s death. When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force.

Place of opening of inheritance is the last place of residence of the decedent. If it is unknown or located outside the Russian Federation, then the location of the property in the Russian Federation will be considered the place of opening of the inheritance. If the hereditary property is located in different places, the place of its discovery shall be the location of the immovable property included in the inheritance or the most valuable part of the property.

Inheritance certificate issued at the place of opening of the inheritance by a notary or an official authorized in accordance with the law to perform such notarial action. At the place of opening of the inheritance, the notary accepts an application for acceptance of the inheritance both by will and by law. The application must be made in writing.

The certificate of the right to inheritance is issued at the request of the heir. At the request of the heirs, a certificate may be issued to all heirs together or to each heir separately, for all of the inheritance property as a whole or for its separate parts.

As a rule, a certificate of the right to inheritance is issued to the heirs at any time after the expiration of months from the day the inheritance was opened. However, the certificate may also be issued earlier than the specified period, if there is reliable evidence that, apart from the persons who applied for the issuance of the certificate, there are no other heirs entitled to the inheritance or its corresponding part.

To issue a certificate of the right to inheritance, documents confirming the time and place of the opening of the inheritance, marriage, family or other relations with the testator must be submitted to the notary's office. If inheritance is carried out by will, then a copy of the will must be provided.

When issuing a certificate of the right to inheritance to minor heirs, the notary is obliged to send a copy of the certificate of the right to inheritance to the guardianship and guardianship authorities to control the disposal of property.

In accordance with paragraph 3 of Art. 113 of the Civil Code of the Russian Federation, the issuance of a certificate of the right to inheritance can be suspended in two cases:

1) by a court decision;

2) in the presence of a conceived but not yet born heir.

The notary at the place of opening of the inheritance is authorized to accept claims from the testator's creditors, which must be presented in writing.

Authors: Nevskaya M.A., Shalagina M.A.

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