43. ACQUISITION OF INHERITANCE

Acquisition of an inheritance includes:

1) filing by heirs of an application for acceptance of inheritance;

2) filing by the heirs of an application for the issuance of a certificate to them for the right to inheritance;

3) receipt by the heir of a certificate of inheritance.

Applying for an inheritance takes place in the notary's office at the place of permanent residence of the testator. The deadline for filing an application is up to six months from the date of opening the inheritance. Submission of an application for acceptance of an inheritance can be replaced by the actual entry into possession, use and disposal of property (maintenance of property in proper condition, payment of taxes, utilities, etc.). Such an heir shall not have the right to alienate the inherited property before receiving a certificate of inheritance. If the heir dies before accepting the inheritance, the inheritance share due to him shall pass to his heir.

The heir has the right renounce the inheritance; the invalidity of such a refusal can be recognized only in a judicial proceeding, provided that it was made under the influence of deceit, violence, threats. Rejection is irrevocable.

The act of accepting the inheritance is a unilateral transaction, it is universal (applies to all property, wherever it is located), unconditional (acceptance of an inheritance under the condition is not allowed), irrevocable (a person who has submitted an application to a notary for acceptance of an inheritance cannot take it back) character, he retroactive effect is given (the inheritance is considered accepted from the moment the inheritance is opened, and not from the moment it is accepted).

There is a six-month period for accepting the inheritance (if it is missed, the right to accept the inheritance is lost). The missed period can be restored by the court.

Ways to accept an inheritance:

1) by submitting to a notary or an authorized official an application for acceptance of the inheritance or an application for issuing a certificate of the right to inheritance;

2) by actual acceptance of the inheritance. When an inheritance is accepted by several heirs, the inheritance is divided. It is carried out by agreement of the heirs, and in the absence of such an agreement - by the court.

A certificate of the right to inheritance is issued at the place of opening of the inheritance, either one for all heirs, or for each heir separately (in accordance with their desire).

A certificate of inheritance is issued by a notary after six months from the date of opening of the inheritance, or earlier, if the notary is sure that there are no other heirs except for those who have expressed a desire to receive the inheritance. Obtaining a certificate is a right, not an obligation, of an heir. However, without it, it is almost impossible to be the owner of the property.

When issuing a certificate of inheritance, a state duty and a tax on the received property are collected. The amount of the state duty depends on the order of the heirs of the first stage, whether the inherited property is located abroad or in the Russian Federation. The tax rate depends on the value of the inherited property and on the successor of which order the recipient of the certificate is.

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