The right of inheritance belonging to the surviving spouse of the testator by virtue of a will or law does not cancel his right to part of the property acquired during the marriage with the testator and which is their joint property (Article 1150 of the Civil Code of the Russian Federation).

The share of the deceased spouse in this property, determined in accordance with Art. 256 of the Civil Code of the Russian Federation “Common property of spouses” is included in the inheritance and passes to the heirs in accordance with the rules established by the Civil Code of the Russian Federation.

According to Art. 33 Family Code In the Russian Federation, the legal regime for the property of spouses is the regime for their joint ownership. which is valid unless otherwise provided by the marriage contract.

In accordance with paragraph 1 of Art. 34 of the Family Code of the Russian Federation, property acquired by spouses during marriage is their common joint property. The composition of this property is determined by clause 2 of this article:

1. income of each spouse from labor activity, entrepreneurial activity and results of intellectual activity;
2. pensions, benefits received by them, as well as other monetary payments that do not have a special purpose (amounts of financial assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, etc.);
3. movable and immovable things, securities, shares, deposits, shares in capital acquired at the expense of the common income of the spouses, contributed to credit institutions or other commercial organizations;
4. any other property acquired by the spouses during the marriage, regardless of which of the spouses it was acquired in the name of or in the name of which or which of the spouses it was contributed cash.

The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed household, childcare or other valid reasons did not have independent income.

Possession, use and disposal of the common property of the spouses is carried out by them by mutual consent in accordance with Art. 35 of the Family Code of the Russian Federation: when one of the spouses makes a transaction to dispose of the common property of the spouses, it is assumed. that he acts with the consent of the other spouse.

However, property belonging to spouses before marriage, as well as property received by them during marriage as a gift, by inheritance or through other gratuitous transactions, according to Art. 36 of the Family Code of the Russian Federation is recognized as the property of each of them.

In addition, things for personal use (clothes, shoes, etc.), with the exception of jewelry and other luxury items, although acquired during marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them. It is necessary to take into account that the property of each spouse can be recognized in accordance with Art. 37 of the Family Code of the Russian Federation by their joint property, if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses, significantly increasing the value of this property (major repairs, reconstruction, re-equipment, etc. ).

The division of property between spouses is possible during their lifetime. In an indisputable manner, it is formalized by notarial authorities, in a controversial manner - through the court. In the case of division of property that is the common joint property of spouses, their shares are recognized as equal (unless otherwise provided by the marriage contract). In some cases, the court may deviate from the beginning of equality of shares of the spouses, taking into account the interests of minor children or the noteworthy interests of one of the spouses (Article 39 of the RF IC).

In the event of the death of one of the spouses, the surviving spouse has the right to contact the notary at the place of opening of the inheritance with an application for the issuance of certificates of ownership of a share in the common property of the spouses, and the notary is obliged to perform this notarial act, guided by Art. 75 Fundamentals of Legislation Russian Federation about the notary, notifying the heirs who accepted the inheritance.

A certificate of ownership of a share in the common property of the spouses can be issued to the surviving spouse for half of the common property acquired during the marriage. By written application of the heirs who accepted the inheritance and with the consent of the surviving spouse, the deceased spouse’s share in the common property may also be determined in the certificate of ownership. If among the heirs there are minors or incompetents, then it is necessary to provide written consent from the guardianship and trusteeship authorities to issue the surviving spouse a certificate of ownership of a certain share of the spouses’ common property.

When applying to a notary's office to issue a certificate of ownership, the surviving spouse must provide evidence of the existence of this property. For example. if the property consists of money savings in a bank, then the notary is provided with savings books or copies of personal accounts, which are transferred to the estate from the bank at the request of the notary. In this case, the date of opening the account and the date of marriage of the spouses are checked.

If the common property consists of a residential building (apartment), then the surviving spouse must submit to the notary’s office evidence of the joint acquisition of the house (apartment) with the deceased spouse. Such evidence is a purchase and sale agreement, a development agreement, an exchange agreement, a court decision, etc.

In addition, the notary office is provided with a certificate from the technical inventory bureau about the composition of the residential building and about the arrests registered on it, as well as a certificate from the financial authority about the absence of tax debts on the testator. To confirm the time (date) of construction or purchase of a house, in the absence of documents, the following may be accepted: a decision of the relevant state or municipal body on the allocation of a land plot for the construction of a house, a corresponding document on the provision of a loan for the construction of a house, etc.

When issuing a certificate of ownership, notaries cannot accept witness testimony as evidence.

If it is impossible to establish from the title document for the house (apartment) and the marriage certificate that the house (apartment) is the joint property of the spouses, a court decision that has entered into legal force must be requested to confirm this fact. If it follows from the title document that the house (apartment) is owned by the spouses in equal shares, then there is no need to issue a certificate of ownership, since the spouses’ shares in the common property have already been determined.

It is not indicated in the technical passport of a car or motorcycle. why at one time the said motor vehicles were re-registered from one person to another: in connection with a purchase and sale agreement or a gift agreement. In this case, you should request the original sales contract or its duplicate.

If the surviving spouse requests a certificate of ownership of a share of a car, motorcycle, scooter, or boat, then a technical passport issued by the State Safety Inspectorate is submitted for verification of this property. traffic, or a ship's document and a receipt for payment of vehicle tax.

As for pension accumulations in dacha-building and housing-construction cooperatives, as well as in garage-building cooperatives, the notary is presented with a certificate from the board of the cooperative about the amount of pension accumulation on the day of opening of the inheritance and the time of the testator’s entry into the cooperative.

A certificate of ownership of the spouses' common property is issued, as a rule, within the time limits provided for issuing a certificate of inheritance, i.e. upon expiration of a six-month period from the date of opening of the inheritance.

In notarial practice, there are cases when the testator bequeaths all his property not to his spouse, but to other heirs by law or to strangers. Then the surviving spouse can ask the notary office to issue him such a certificate with the consent of the other heirs, since the will can only concern the second half of the property that belonged to the deceased spouse. A notary can issue such a certificate with the consent of other heirs.

A certificate of ownership can be issued to the surviving spouse even if he is disinherited by the will and does not have the right to an obligatory share.

However, the surviving spouse cannot renounce his share in the common property of the spouses in favor of one of the heirs, since the share of the surviving spouse is not included in the estate. He can alienate this share of the property by donation or sale after receiving a certificate of ownership from a notary office and registering the property in his name.

In the event that the surviving spouse has not received an application to the notary's office to issue him a certificate of ownership, the property belonging to the testator goes to the general inheritance mass and a certificate of the right to inheritance is issued to all heirs in accordance with the general procedure.

In inheritance by law, if the inherited property passes to two or more heirs, and in inheritance by will, if it is bequeathed to two or more heirs without indicating the specific property inherited by each of them, the inherited property comes from the date of opening of the inheritance into the common shared ownership of the heirs ( Article 1164 of the Civil Code of the Russian Federation).

Inheritance of jointly acquired property after the death of one of the spouses

The joint property of the spouses is the property acquired by them during the marriage. The amount of property of the spouses may differ depending on the content of the marriage contract or agreement on the division of property (Articles 33 - 34, 38 of the RF IC; Article 256 of the Civil Code of the Russian Federation). Inheritance of jointly acquired property after the death of one of the spouses is carried out in accordance with Section V of the Civil Code of the Russian Federation. This article is devoted to issues of inheritance by a surviving spouse, and here you will also find sample documents for independently resolving issues that arise. If you need help from qualified specialists, you can leave your request.

In practice, the common property of spouses includes:

• the income of each spouse from work, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other monetary payments;
• movable and immovable things, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, acquired from the common income of the spouses;
• any other property acquired by the spouses during the marriage, regardless of which of the spouses it was acquired in the name of or in the name of which or which of the spouses contributed funds (Article 34 of the RF IC).

Items for personal use (clothes, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them (Article 36 of the RF IC, clause 2 of Art. 256 Civil Code of the Russian Federation.

According to Art. 1150 of the Civil Code of the Russian Federation, the right of inheritance belonging to the surviving spouse of the testator does not detract from his right to part of the property acquired during the marriage with the testator and which is their joint property. The share of the deceased is included in the inheritance and passes to the heirs in equal shares.

Example.

The spouses jointly owned an apartment. In the event of the death of one of the spouses, the surviving spouse's share will be ½ of the apartment. The inheritance estate will include a share equal to ½ of the deceased spouse’s apartment.

Inheritance of jointly acquired property: methods of accepting an inheritance

Inheritance of jointly acquired property in the presence of a will

If a will is discovered, inheritance is carried out according to the will of the testator. However, the law provides for restrictions on the implementation of the will of the testator. If, when drawing up a will, the testator does not take into account the rights individuals for an obligatory share in the inheritance, then when inheriting the inherited property, persons who have right of compulsory share in inheritance .

Such persons include minors and disabled persons who were dependent on the testator for at least a year before the death of the testator, regardless of cohabitation with the testator (Article 1149 of the Civil Code of the Russian Federation).

Inheritance of jointly acquired property by law

E if a will was not drawn up , then inheritance occurs on the basis of law in order of priority. Heirs are called upon to inherit by law in the order of priority prescribed by law. The heirs of the first priority according to the law are the children, spouse and parents of the testator. The grandchildren of the testator and their descendants inherit by right of representation (Article 1142 of the Civil Code of the Russian Federation).

According to Art. 1141 of the Civil Code of the Russian Federation, the heirs of each subsequent queue inherit if there are no heirs of the previous queues, that is, if:

• there are no heirs of previous queues;
• none of them has the right to inherit;
• they are all excluded from inheritance;
• disinherited;
• none of them accepted the inheritance;
• they all refused the inheritance.

However, the share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his corresponding descendants and is divided equally between them (Article 1146 of the Civil Code of the Russian Federation). Right of representation - this is a special type of inheritance, providing for a special mechanism for calling upon legal successors determined by law.

Inheritance by representation involves receiving the share of an heir whose death occurred before or simultaneously with the death of the testator. What is noteworthy is that the representation applies only to the main deceased successors by law, who would be called to inherit if they were alive, and applies only to their legal successors in compliance with the principle of priority (Article 1146 of the Civil Code of the Russian Federation).

Inheritance of jointly acquired property: registration and acceptance

Action 1. It is necessary to determine the place of opening of the inheritance

According to Art. 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is the last place of residence of the testator. Place of residence is determined by the place of registration. If the deceased was not registered anywhere, his place of residence is determined by the location of the inherited property. To determine the place of opening of the inheritance, you must obtain:

• a certificate from the place of residence confirming the registration of the deceased;
• an extract from the house register;
• extract from the Unified State Register of Real Estate Rights, etc.

In the absence of these documents, a court decision may open a place of inheritance.

Action 2. Submitting an application to the notary to accept the inheritance

According to Art. 1154 of the Civil Code of the Russian Federation, the period for accepting an inheritance from the date of opening of the inheritance is 6 months. During this period, at the place where the inheritance was opened, the heir must submit to a notary an application for acceptance of the inheritance or for the issuance of a certificate of the right to inheritance (Article 1153 of the Civil Code of the Russian Federation).

Action 3. Preparation and submission of documents to obtain a certificate of inheritance

In order for a notary to issue a certificate of inheritance, the heir must present:

1. grounds for calling to inheritance:
   • will, etc.
2. documents confirming relationship with the testator, etc.

Example!

Thus, when issuing a certificate of ownership to the surviving spouse, the notary must establish the fact of the death of the testator, the place of opening of the inheritance, the fact of registration of the marriage, the composition, location and ownership of the common property acquired during the marriage with the testator.

According to Art. 22 Fundamentals of the legislation of the Russian Federation on notaries, the issuance by a notary of a certificate of the right to inheritance is entrusted state duty. So, according to paragraphs. 22 clause 1 art. 333.24 of the Tax Code of the Russian Federation for issuing a certificate of the right to inheritance by law and by will:

• children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100,000 rubles;
• to other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles;

Heirs who have not reached the age of majority on the day of opening of the inheritance, as well as persons suffering from mental disorders over whom guardianship has been established in accordance with the procedure established by law, are exempt from paying state duty upon receipt of a certificate of the right to inheritance in all cases, regardless of the type of inherited property (clause 5 of Article 333.38 of the Tax Code of the Russian Federation).

Action 4. Obtaining a certificate of inheritance

A certificate of the right to inheritance can be obtained at any time after 6 months from the date of opening of the inheritance (Article 1163 of the Civil Code of the Russian Federation). The certificate of inheritance may depend on the type of inheritance:

• inheritance by law or
• inheritance by will.

A certificate of inheritance rights can be obtained:

However, in case of inheritance both by law and by will, a certificate of the right to inheritance can be issued before the end of six months from the date of opening of the inheritance, if there is reliable data 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.

Thus, inheritance of jointly acquired property by the surviving spouse has a rather difficult procedure that requires knowledge. By following the above plan, you can easily achieve the desired result. We hope that this article will help you in resolving your issues.

Sample documents on the issue of inheritance of jointly acquired property of spouses

Sample documents on the issue of inheritance of jointly acquired property of spouses

Ways to confirm the fact of being a dependent:

• document on disability;
• pension certificate or, in its absence, proof of achievement is sufficient retirement age.

However, the common-law spouse has the right to protect the property rights of the second spouse by drawing up a testamentary disposition in his favor. The testator may provide for the allocation of a part of the inheritance to the common-law spouse or transfer all of the inherited property as a whole.

Rights of the surviving spouse during inheritance

According to the norms of civil law, the following persons can receive a compulsory share in the inheritance:

1. The spouse of the deceased (husband, wife), who has lost his ability to work.
2. Parents of the deceased (father, mother) who have lost their ability to work.
3. Disabled children (including adopted children).
4. Children who at the time of the death of the testator have not yet reached the age of majority.

Typically, disability refers to two aspects:

• Retirement age of the heir;
• Disability determined by medical criteria (disability of the first or second group).

The obligatory share in the inheritance should be understood as 50% of the main share of the heir of the first stage.
Read also on the topic How is a deed of gift drawn up for a child when parents divorce?…

Inheritance for a deceased spouse

In this case, it does not matter at all what relationship they are in.

Protection of property rights is manifested in the fact that in the event of divorce or in the event of the death of one of the spouses, the second has the right to a property share.

During married life, the family appears different kinds property: from clothing and kitchen utensils to large household appliances, vehicles and real estate.

Features of inheritance after the death of a spouse

The article clearly states that a dependent spouse has the right to an obligatory share of the inheritance.
In your case, you can count on half of the entire inherited property, since you are the legal spouse of the deceased and the owner of jointly acquired property.

Despite the fact that you did not work, as the spouse of the deceased you have the right, defined by law, as inheritance for the deceased spouse.

Also, the remainder of the inherited estate is divided among all first-degree successors, if any, namely among the children, spouses and parents of the deceased.

That is, the remaining 50% of the inheritance is subject to division between you and your husband’s children from his first marriage, since there are no other heirs.

In other words, you are guaranteed to receive half of the jointly acquired property and another third of the remaining part.

Death of a wife: how the inheritance is divided between husband and children

It happens that the second spouse did not formalize his share of the inheritance, and it went into the general inheritance mass. And the common inherited property is subject to division between all heirs of the first group.

Receiving an act of inheritance is not only the right of the second spouse, but also his responsibility.

However, there are cases when there is no need to register a share of the inheritance.

This happens in a situation where spouses have an agreement marriage contract and when a deed of gift is drawn up for the property.

Peculiarities of inheritance of certain types of property Some notaries believe that the separation of the spousal share of the inheritance from the total mass of inherited property is the right of the second spouse, and some attribute this right to responsibilities.

Inheritance order after the death of a husband

The share of the second spouse's inherited property is determined based on the income of each spouse and what property they owned before marriage.

The procedure for dividing inheritance after the death of one of the spouses

An application to a notary on behalf of a minor is submitted by guardians or parents living with him.

The obligatory share of the spouse, children and parents does not depend on registration with the deceased. Only the official spouse who has a marriage certificate can declare their rights.

Common-law spouses do not have the right to inherit unless a will is left to them.

Inheritance after the death of a husband without a will: shares of children and wife

In addition, the reason for drawing up such a document is that if the inheriting spouse does not formalize his obligatory share of the inherited property, then it will go into the general estate and will be distributed among the heirs. The document can be obtained within six months from the date of opening of the inheritance at the notary office located at the place of residence of the testator. As a rule, the surviving spouse is given a deed for half of the inheritance, since this property is jointly acquired and is divided equally between the spouses. However, there are cases when inherited property is distributed depending on the contribution made by the spouse. To determine the size of the deceased spouse’s share, you must provide supporting documents about his income and property that he owned before marriage.

The procedure for inheriting the property of a deceased spouse

Marital share in inheritance by law after the death of a spouse

Property acquired during marriage is the joint property of husband and wife. However, after the death of one of them, controversial situations often arise. In this article we will understand how the spousal share in the inheritance is determined and formalized by law after the death of a spouse.

What is the spousal share of the inheritance?

All property acquired by spouses during marriage is recognized as their joint property. An exception is the presence of a marriage contract that states otherwise, or an agreement that includes an indication of the division of property.

In general, joint property is considered:

• income of the husband and wife received from any type of activity;
• non-targeted social benefits and pensions;
• movable and immovable property, securities, deposits, shares in the capital of commercial organizations, if these things were acquired from general income;
• other property acquired during legal marriage.

It does not matter in whose name the items were purchased, who specifically contributed the money and to whom it was registered. The main thing is that at the time of purchase the marriage was officially registered by the registry office.

All of the above applies to property acquired for compensation by spouses. If something was received by inheritance or gift, it will not be joint property. The same applies to things intended for individual use, except for jewelry and luxury items. This is regulated by Art. 36 IC RF.

After the death of a husband or wife, the second spouse has the right to part of the joint property acquired during the marriage. The shares of the spouses are equal and amount to 50% each. The estate will include only the part of the property belonging to the deceased spouse.

For example, a husband and wife own a house that was purchased under a contract of sale during their marriage. After the death of one of the spouses, only the part of the house that belonged to him, that is, half, will be included in the estate. The second half remains with the surviving spouse and will not be included in the inheritance.

This spouse also participates in the division of the inheritance. Let's say the testator has a son and a wife. They are both first-degree heirs and will share half of the house equally. As a result, the wife will own her legal half and ½ of the part of the house that belonged to the husband. The son will receive ¼ of the entire house.

Mandatory share of a spouse by law

Inheritance can occur by law or by will. If the last will of the deceased deprived the husband/wife of the inheritance, the allocation of the obligatory marital share will still occur. It is impossible to deprive this legal part of the common property.

It is also possible that a spouse does not take into account that part of the property belongs to the husband/wife when drawing up a will. For example, he bequeaths the entire apartment to his children, not taking into account that half of the living space belongs to the spouse. In this case, the will is contested in court or the issue is regulated by a settlement agreement with the heirs.

Do not confuse the right to an obligatory share in the inheritance under Art. 1149 of the Civil Code of the Russian Federation and compulsory spousal share are legally different concepts. According to this normative act, a disabled spouse has the right to receive a share in the inheritance equal to at least half of the part of the inheritance that would be due to him as a first-priority heir.

For example, a woman has an apartment purchased before marriage. The legal heirs are her husband and daughter. The woman made a will, according to which the apartment becomes the property of her daughter, and her husband gets nothing. However, the husband had previously lost his ability to work. For this reason, he has the right to count on an obligatory share in the inheritance, namely ¼ of the apartment - half of the part of the inheritance that he would have received if his wife had not deprived him of this right by will.

The husband/wife may be deprived of the obligatory share if, by a court decision, they are recognized as unworthy heirs. But even in this situation they cannot be deprived of their marital share.

How to get a spousal share?

To accept an inheritance after the death of your husband/wife, use step by step instructions given below.

Stage 1. Clarification of the order of inheritance

Property can be distributed by law or by will. If there is a will, the division of the inheritance will occur in accordance with its contents. The only exception will be the situation when the right to an obligatory share is exercised. According to Art. 1149 of the Civil Code of the Russian Federation, the testator cannot deprive the following persons of the right to receive an inheritance:

• minor or disabled children;
• disabled parents;
• disabled spouse;
• dependents who were supported by the testator.

Relatives belonging to the same line inherit property in equal shares. If there are no heirs of one line, the right passes to persons from subsequent lines. Primary heirs include children, parents and spouse.

If the heirs do not plan to dispute the shares, there is no corresponding court decision or marriage contract, then half of the jointly acquired property of the spouses will be included in the inheritance estate. This part will be inherited by the husband/wife individually or distributed among all first-line heirs in equal shares.

Stage 2. Acceptance of inheritance

To accept an inheritance, you must contact a notary dealing with inheritance matters and write a corresponding application - about accepting the inheritance or issuing a certificate of the right to inheritance. As a rule, you should contact a notary office at last place residence of the testator.

The citizen has the right to choose the type of application submitted independently. However, it is recommended to make a request for a certificate, since it automatically assumes that the heir has accepted his part of the property, even if there is no separate document about this.

You can accept an inheritance within six months from the date of opening the inheritance case. It coincides with the date indicated in the medical report of death or court decision.

If the six-month period has been missed, it can only be restored through a judicial procedure. To satisfy the claim, you will need to prove in court that the deadline was missed for a good reason. For example, due to a serious illness or long-term residence abroad without the possibility of leaving.

Stage 3. Preparation of documents for registration

The notary issues a certificate of inheritance based on certain documents. Required papers include:

• documents confirming the fact of death - death certificate, court decision;
• papers serving as the basis for a call to inheritance - a will, a marriage certificate;
• documents confirming the existence of the testator's ownership of the property - certificate, extract from the Unified State Register, etc.;
• conclusion of an independent appraiser on the value of property or confirmation of value received from authorized organizations (for example, BTI).

The issuance of a certificate of inheritance is subject to a state fee. Its amount for immediate family members, which includes the spouse, is 0.3% of the value of the inheritance, but not more than 100 thousand rubles.

This is not an exhaustive list of documents. The notary has the right to require other documents as necessary.

Stage 4. Obtaining a certificate of inheritance

The certificate is issued after six months from the date of death of the testator. You need to get it from a notary after providing the required documents.

The inheritance certificate can be issued before the expiration of six months. To do this, the notary should have no doubt that there are no other heirs who can apply for registration of the share.

Allocation of spousal share - agreement or claim

Disputes often arise in inheritance cases. Sometimes it is difficult to determine whether property is jointly acquired. For example, if a car was given by a husband to his wife, of course, without drawing up a deed of gift, then by law it is the joint property of the spouses, since it was purchased during marriage. However, the wife considers him her property, which is quite justified.

Whenever controversial situations there are two ways out:

1. Concluding an agreement in writing on the division of the inheritance mass.
2. Applying to the judicial authorities with a claim to challenge the order of division of the inheritance.

Let's consider each option in more detail.

Conclusion of an agreement

Civil legislation provides for the possibility of freely concluding contracts between citizens (Article 421 of the Civil Code of the Russian Federation). If this does not contradict current legislative norms, the heirs have the right to enter into any agreement on the division of the inheritance.

The agreement is drawn up in writing. It is necessary to bring it to the attention of the notary, about which the specialist will put a corresponding mark on the document. Without notarization, the agreement will not have legal force.

By means of an agreement, the obligatory marital share can be allocated. The text and form are not specified in the legislation. In essence, these are agreements between family members on the distribution of the testator’s property set out on paper.

However, relatives do not always manage to reach an agreement peacefully. Most often you have to go to court.

Filing a claim

The claim for the allocation of a mandatory marital share has a strictly established form. Otherwise, it is not accepted by the judicial authorities for consideration.

The claim will be the protection of property rights in relation to jointly acquired property in a marriage with a deceased spouse. The plaintiff is the husband/wife of the testator, the defendants are the remaining heirs.

The statement of claim must contain the following information:

• name of the judicial institution;
• details of the plaintiff and defendants - full name, contact information, registration address and actual place of residence;
• the price of the claim is the estimated value of the share of jointly acquired property;
• statement of circumstances – date of death of the spouse, list of property, essence of the controversial situation;
• requirement for the court to allocate the husband/wife’s share in joint property and recognize the plaintiff’s property rights to this property;
• list of attached documents;
• date of filing the claim.

TO statement of claim Attached is a certificate of marriage and death of the spouse, a marriage contract (if there is one), a will (if drawn up), and title documents for the disputed property. Other documents related to the case may also be attached.

Refusal of the spousal share in the inheritance

The share of the surviving husband/wife can be included in the inheritance estate only if he/she writes a statement refusing to separate property from the jointly acquired property.

The opportunity to refuse allotment is provided for in Art. 9 and art. 236 of the Civil Code of the Russian Federation. Writing such a statement implies, among other things, a renunciation of ownership of this property.

The notary has no right to interfere with the writing of the refusal. His duties include only clarification legislative framework and the legal consequences of such a statement. Based on this paper, the notary will include the share of the surviving spouse in the total inheritance mass and divide it among all heirs in the standard manner.

If such a statement is missing, the notary does not have the authority to include the marital share in the estate. However, sometimes the wife/husband writes a statement stating that the inheritance does not include the joint property of the spouses. Arbitrage practice there are many examples where such a statement was disputed.

Adjustment of the surviving spouse's share of the inheritance

In general, the joint property of the spouses is divided equally. However, the law provides for situations in which the share can be adjusted up or down.

In accordance with Art. 39 of the RF IC, the grounds for adjustment may be:

• the spouses have children under the age of majority;
• disability of husband/wife;
• damage caused by the husband/wife to the family.

The last point includes alcohol or drug abuse, gambling addiction, evasion of income, indifference to family life, etc.

If you have any questions or disputes, please seek legal advice. You can get free legal assistance on our website.

Now you know how the marital share of the inheritance is allocated according to the law after the death of a spouse. It is not always possible to resolve the issue peacefully. If you need to go to court, you cannot do without the help of a competent lawyer.

How is property acquired jointly by spouses inherited?

The inheritance traditionally includes everything that the deceased owns at the time of death. However, if he was married at the time, almost all of his property received during these years is common marital property, with only a few exceptions. In this regard, the inheritance of jointly acquired property of spouses has many features, without taking into account which it will not be possible to draw up documents. This applies to both the widower spouse and other heirs called to inherit. This material will help you understand all these issues.

General provisions on inheritance between spouses

According to Art. 1110 of the Civil Code, all property of the deceased during inheritance passes to his successors through universal succession, regardless of its volume and relationship with the testator. Inheritance relations between spouses are regulated by civil law, and they are not much different from relations with other successors. Thus, spouses can be called upon to inherit both by law and by will - spousal status does not give them privileges, except for the right to a compulsory share in case of incapacity. But, due to the formation of common property in a marriage, the procedure itself requires attention to how jointly acquired property is inherited after the death of one of the spouses.

The fact is that marital rights to common property are recognized as equivalent, while to the inheritance mass, according to Art. 1112 of the Civil Code, only what belongs only to the testator can be included. The rights of the spouse to such things prevent them from fully entering into the inheritance mass - universal succession does not apply to them. The article “Inheritance legal relationship” will help you understand the relationship between the parties to inheritance in more detail.

Inheritance by spouse by law

The order of inheritance by law is regulated by Chapter 63 of the Civil Code. As established by Art. 1141 of the Civil Code, legal successors are called upon to inherit in order of priority in the absence of a will. The law defines 8 lines of inheritance, each of which is determined by the degree of consanguinity or family closeness.

Thus, the spouse of the deceased, despite the lack of blood relation, according to Art. 1142 of the Civil Code, is among the priority heirs along with children and parents.

By general rule they all inherit the property in equal parts. Wherein common property heirs can arise only for indivisible things. In the absence of any of the representatives of the first line, grandchildren can inherit by right of representation, and in their absence, representatives of the next line can inherit.

Heirs of the following orders can be called upon only in cases where all representatives of the previous orders are absent or have refused, been removed or deprived of rights to succession. In the absence of successors provided for in the order, the inheritance becomes escheat. The article “Inheritance by Law” will help you learn more about the order of inheritance.

Inheritance by spouse under a will

A will is a unilateral transaction by which a person can posthumously dispose of his property during his lifetime. According to Art. 1120 of the Civil Code, the testator has the right to bequeath anything, including what he plans to acquire in the future. At the same time, he can bequeath both the entire property and part of it.

However, in the context of protecting marital rights, a will of jointly acquired property is impossible, since the spouse also has equal rights to it. If such an order is made, the will will be partially or completely invalid and may be challenged in court.

A will can be made in relation to any, in the opinion of the testator, worthy persons, thereby relatives and spouses can be deprived of inheritance. In this case, the spouse’s rights to inheritance can arise only in the event of his incapacity for work - then he will be entitled to a mandatory share. The will must be made in writing and be notarized - otherwise the document will be void, and inheritance will be carried out according to the law. The material “Inheritance by Will” will help you learn about the features of this process.

Receiving an inheritance

An important aspect in the procedure for receiving an inheritance is the fact of its acceptance, without which the acquisition of an inheritance is impossible. Norms Art. 1153 of the Civil Code provide for two ways to accept inherited property:

• contacting a notary office with a corresponding application (about accepting an inheritance or issuing a certificate of right to it);
• performance of actions indicating the actual acceptance of property.

Acceptance actions are carried out within a six-month period from the date of death of the testator - missing this period may deprive the successors of their rights.

By law, according to Art. 1155 of the Civil Code, there are two cases when it is possible to accept an inheritance after the specified period: when it was missed for good reasons and when all other heirs have expressed their consent to such acceptance. Let us note that receiving an inheritance is not the responsibility of legal successors - according to Art. 1157 of the Civil Code, they have every right to refuse it. The article “Acceptance of inheritance is carried out” will tell you more about the procedure for exercising the rights of heirs.

What documents are needed

When contacting a notary to accept an inheritance, the husband or wife of the deceased or another potential successor will have to provide the notary with a package of documents. Within the meaning of Art. 1153 of the Civil Code, the main document required in this case will be the application of the heir. It will be enough to open an inheritance case.

In addition, the notary may require:

• death certificate of the testator;
• identification document of the successor;
• a document confirming the status of the heir (marriage certificate, birth certificate);
• will;
• title documents;
• assessment documents and others.

Please note that for the actual acceptance of inherited property no documents are required. However, when receiving a certificate from a notary, the fact of acceptance will have to be documented.

What is joint property

The legislator, by virtue of Art. 34 of the IC and 256 of the Civil Code, considers joint property that was acquired during marriage, unless otherwise stipulated by the marriage contract concluded between the spouses. Following this logic, not everyone is sure whether the inheritance of one of the spouses is jointly acquired property.

However, the law says otherwise - as a general rule, the following should be considered joint property:

• income received as a result of work, pensions, benefits and other financial receipts that do not have a designated purpose, regardless of who received them and who took care of household chores or children;
• real estate, movable things, securities, deposits in financial institutions, precious metals, shares and interests in the authorized capital of enterprises, if they were acquired using common funds;
• everything else that was acquired by the spouses does not matter in whose name it was acquired, registered, or which of the spouses acquired it.

Please note that the surviving spouse retains his rights to the joint property of the spouses after the death of one of them - according to Art. 39 of the Family Code, their shares are equal. Therefore, only the share of the deceased should be included in the inheritance mass; the surviving husband or wife has the right to allocate the marital share.

Allocation of spousal share

By inheriting from a deceased spouse, the surviving spouse receives inherited property on an equal basis with other heirs. But since marriage gives rise to common property of the spouses, according to Art. 1150 of the Civil Code, first of all, the share of the surviving spouse must be separated from it, that is, in fact, a division of property occurs. However, before this, it is necessary to determine whether the inheritance is considered joint property - perhaps only the private property of the deceased is included in it.

Only after this the property of the deceased enters the estate. The publication “Spousal Share” will help you understand this issue thoroughly.

Inheritance of property of each spouse

It is worth considering that successors have inheritance rights not only in relation to part of the jointly acquired property, but also in relation to the personal property of the deceased. By her, according to Art. 36 of the Civil Code, is everything that was acquired by a person before marriage, as well as everything that was received as an inheritance, as a gift or other gratuitous transactions made even during marriage.

Inheritance of non-jointly acquired property is carried out in the general manner: the property included in it is divided equally among all heirs or according to the order of the testator.

Inheritance of property acquired by inheritance

According to Part 2 of Art. 256 of the Civil Code, property acquired by the testator by inheritance from his relatives and other persons is his private property. Even if this is inherited property received during marriage, the rule of jointly acquired property does not apply to it. Things are included in the estate automatically, do not require the allocation of a spousal share and do not give rise to any other spousal rights other than the rights of heirs.

Inheritance of marital property received as a gift

Donation, like inheritance, cannot give rise to common property, even if the donee was married at that time. But, despite this, many widowed citizens cannot understand how the apartment is divided after the death of one of the spouses.

If the property received as a gift by the testator was his private property, it will be fully included in his inheritance mass and will be divided among the heirs. In this case, the husband or wife of the deceased, in the absence of a will, will inherit an equal share with other first-degree heirs.

If there is a will, the property will pass to the heir to whom it was bequeathed. However, if the surviving spouse is disabled, according to Art. 1149 of the Civil Code, he has the right to claim an obligatory share.

Inheritance of a privatized apartment after the death of a husband or wife

Privatization of housing into the common joint ownership of the persons living in it is one of the conditions for the acquisition of housing stock in accordance with Art. 2 Federal Law “On the privatization of housing stock in the Russian Federation.” This suggests that, by privatizing an apartment, by virtue of Art. 244 of the Civil Code, the spouses receive it as common property, but without allocating shares.

At the same time, according to Art. 3.1 of the law, after the death of one of the participants in joint ownership of housing, the shares of all its participants must be determined, and they are recognized by law as equal. After this, the share of the surviving spouse becomes his personal property, and the share of the deceased goes to the estate.

As for whether the consent of the spouse is necessary for the sale of an apartment received by inheritance, the answer will be negative - common property does not arise in this case. When receiving a part from a privatized apartment, the number of heirs may include the owners of other shares in it: in this case, their shares will be increased. If the spouse who owns half of the apartment is the only heir, the entire apartment will be his property. The article “Inheriting a privatized apartment” will tell you more about this.

Registration of inherited property

The paperwork is traditionally handled by the notary who opened the inheritance case at the place where the inheritance was opened, determined in accordance with Art. 1115 Civil Code. He collects everything from his successors Required documents, determines the persons called for inheritance, searches for the called heirs, and also determines the shares in the inheritance passing to the legal successors.

In addition, when registering an inheritance for the property of the testator, which is in joint ownership, a specialist, as provided for in Art. 75 of the Fundamentals of the Legislation of the Russian Federation on notaries, determines its share at the request of the surviving spouse.

Having allocated such a part, the notary issues the second spouse a certificate of ownership of the share in the common property. All other heirs, after a six-month period, receive a certificate of right to inheritance; Based on this document, they can formalize their rights to everything inherited. The article “Registration of inheritance” will tell you more about this process.

Inheritance of property (shares in inheritance): Video

The article was written based on materials from the sites: isfic.info, konra.ru, yurist123.ru, estatelegal.ru, zakon7ya.ru.

They suggested to me that I could register my husband as my name. My question is, is this true and how to do it? Thank you in advance. “Husband” is a common misconception that PFU officials use to assign a pension at an underestimated amount. There is no such concept in the Law at all!

There is in connection with the loss of a breadwinner.

This is NOT my husband's pension and NOT half of it.

If the deceased spouse has a larger pension

Close relatives, in particular, the wife, who at the time of her husband’s death lived with him and ran a joint household, also have the right to receive a pension in accordance with Article 1183 of the Civil Code of the Russian Federation.

Although if relatives do not apply for receipt within the prescribed period, the agreed amount will be included in the inheritance mass and will be divided among the heirs according to the law in proportion to their shares.

The list of persons entitled to receive it after the death of a pensioner is determined by the rules of the law, which have a number of contradictions, and therefore receiving the pension of a deceased citizen causes some difficulties, which can only be avoided with thorough compliance with the law.

parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work; 3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Let's figure out whether in Russia a wife can receive her husband's pension after his death

The amount for the loss of a breadwinner due to work injury, occupational and general diseases is 30%.

In general, the issue of a widow’s pension is complex and ambiguous; the following factors and circumstances will be important: can the wife prove that the deceased supported her; whether the deceased belonged to the number of military personnel, Chernobyl victims, Ministry of Emergency Situations personnel and other special categories; How many dependents did the deceased provide for?

Receiving a pension after the death of a pensioner

In order for a widow to receive a savings payment, she must do the following: If the widow is unable to apply for any reason to government agency to get a similar monthly payment, you need to go to court and get a positive decision. It should be noted that the pension, which is accrued in the month of death of the pensioner, is not included in the inheritance.

It can be paid to family members who lived with this pensioner at the time of loss, if the application was received no later than six months from the date of death.

Is it possible to receive a deceased spouse's pension?

Is it possible to receive a deceased spouse's pension?

A letter to confirm your subscription has been sent to the e-mail you specified.

In accordance with federal legislation*, the right to a labor pension in the event of the loss of a breadwinner is granted to the spouse of a deceased breadwinner if they have reached retirement age (men - 60 years old and women - 55 years old), or are disabled - provided they are dependent on the deceased breadwinner , or subject to the loss of a source of livelihood.

If it is profitable, a transfer from a labor (state) old-age (disability) pension to a labor pension in the event of the loss of a breadwinner for a deceased spouse is possible on the basis of a corresponding application from the pensioner.

The option of the profitability of transferring from old age (disability) to a survivor's pension for a deceased spouse is determined by specialists of the Pension Fund on an individual basis based on a personal request.

The Pension Fund must provide: a certificate of family composition at the date of death, a marriage certificate, an application for refusal to assign a labor (state) old-age (disability) pension.

If necessary, the territorial bodies of the Pension Fund of the Russian Federation request additional documents necessary to establish a survivor's pension for the deceased spouse.

*pp. 3 clause 2 of article 9 of the Federal Law of December 17, 2001 No. 173-FZ “On labor pensions In Russian federation"

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How to receive a lost pension for a deceased person by inheritance?

Home » Inheritance » registration of inheritance » How to receive a lost pension for a deceased person by inheritance?

In the event of the death of a loved one of retirement age, many relatives do not even suspect that they have the right to receive a pension for the deceased citizen. In order to understand how it is necessary to formalize the receipt of a pension for a deceased citizen, it is necessary to analyze this issue in detail.

Is it possible to receive a pension by inheritance?

Based on the Civil Code of the Russian Federation, you need to know that relatives have the right to receive a pension payment for the current month instead of a deceased pensioner. If the pension payment has not yet occurred this month. If the heirs do not demand payment of the specified amount, then the Pension Fund or other government organizations will not inform the heirs of their legal options.

Looking further into the issue pension payments, it is necessary to clarify whether the deceased pensioner has cumulative amounts in the accounts of the Pension Fund or Non-State Pension Fund. If a pensioner made contributions to form the funded part of the pension, then his relatives have every right to claim these amounts legally.

In order to receive money instead of a pensioner for an unpaid month, you must contact the Pension Fund before the next month so that the amount is transferred before payments are stopped due to the death of the recipient. Even if the pensioner passed away in the first days of the month, the amount of the monthly pension payment will not be recalculated; the payment will be made in full.

It is necessary to determine the circle of persons who have the right to apply for the last pension payment:

• Children and grandchildren of the deceased person;
• Sisters and brothers;
• Parents of the deceased pensioner;
• Grandfathers and grandmothers, if there are any.

It is important to know that everyone has the right to write an application to the Pension Fund in order to receive unpaid money from legal successors; if the Pension Fund receives several applications, the amount of the monthly pension payment will be divided equally between the applicants.

How to receive a pension for a deceased relative

Despite the fact that applicants can expect to receive the pension amount instead of the pensioner in equal measure, priority in receiving funds will belong to those legal successors who lived together with the deceased pensioner.

Disabled immediate relatives and dependents living at the expense of the pensioner should be considered priority citizens more than a year. Disabled persons include disabled people and minors, as well as citizens who have reached retirement age.

4. The husband received a pension from the Moscow Region and the Pension Fund. Are there any payments from the Pension Fund after the death of a husband?

4.1. You have in your hands one certificate from the registry office, form 33 “On death”. They will pay “for burial” where you present it and take it away. But I think that you should present it to the Moscow Region if it did not work.

5. Can a wife receive his pension after her husband’s death, and in what cases.

5.1. Valery, maybe if she was his dependent and does not have her own work experience.

6. How can I apply for a pension and benefits in the Russian Federation for the loss of a breadwinner? I am a citizen of the Russian Federation, and my husband was a citizen of Ukraine. He served in the army. In 1986, he participated in the liquidation of the Chernobyl Nuclear Power Plant. Retired from the army in 1994. He served in Ukraine, which is why he has Ukrainian citizenship. Died in November 2004. During his lifetime, his disease was confirmed by an expert opinion in Ukraine and was associated with the Chernobyl nuclear power plant (group 1, category 1). After my death, I received the same conclusion as the widow of the Chernobyl nuclear power plant liquidator.

6.2. - Hello dear site visitor! It’s not a fact that you have such a right in the Russian Federation! Contact the pension fund with a written application based on Federal Law-400 On Insurance Pensions and receive an answer to it.

Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

6.3. Please contact us regarding this issue. Pension Fund. But I’m afraid that if you are refused, you will have to go to court and prove your right to a pension there.
But it is far from a fact that you will be able to resolve your issue. Considering that so much time had passed and the husband was a citizen of Ukraine.
Federal Law of December 28, 2013 N 400-FZ (as amended on March 6, 2019) “On Insurance Pensions”
Article 10. Conditions for assigning an insurance pension in case of loss of a breadwinner

6.4. Submit your application to the Pension Fund of the Russian Federation; they will explain everything to you about what documents are required.

Article 10. Conditions for assigning an insurance pension in case of loss of a breadwinner

1. Right to insurance pension in the event of the loss of a breadwinner, disabled members of the family of the deceased breadwinner who were dependent on him (with the exception of persons who committed a criminal act that resulted in the death of the breadwinner and was established in court) have the right to work. One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation.
2. The following are recognized as disabled family members of the deceased breadwinner:
1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in basic educational programs in organizations providing educational activities, including in foreign organizations located outside the territory.

6.5. Good night Irina

Since your husband was a citizen of Ukraine, you will not be able to apply for a pension

A survivor's pension is paid to disabled family members of the deceased breadwinner who were dependent on him, regardless of the duration insurance period breadwinner, as well as the cause and time of his death. Members of the family of a deceased breadwinner are recognized as his dependents if they were fully supported by him or received assistance from him, which was a constant and main source of livelihood for them (at the same time, the dependence of children of deceased parents under the age of 18 does not require proof (with the exception of children recognized as fully capable before the specified age).

The following are recognized as disabled family members of the deceased breadwinner:

children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18;
children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations engaged in educational activities, including foreign organizations located outside the territory of the Russian Federation, until they complete such training, but not longer than until they reach the age of 23;

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When a close relative dies, in whose name a share in a privatized apartment is registered, potential heirs living with him expect to become the owners of this living space. Since the inherited housing is owned by several persons, the procedure for re-registration of the share has its own characteristics.

How is a share in a privatized apartment inherited?

The process of inheriting privatized real estate is regulated by civil law and has certain nuances. According to the law, persons permanently residing in residential premises on the basis of a social tenancy agreement can become participants in privatization. After the death of one of the owners, legal successors can claim his part of the privatized square meters.

If the owner of the apartment disposed of his property during his lifetime and left a will, the registration of a share in the property will be carried out by the persons indicated in the last will of the deceased. In the absence of a testamentary disposition, the residential premises or part thereof that belonged to the testator are inherited by law in order of priority.

According to the will of the share owner

When drawing up a will, the owner of a share in a privatized property can choose any individual or legal entity as a legal successor. The presence of kinship is not prerequisite when drawing up a document.

Close relatives not mentioned in the testator's order cannot claim the privatized living space. The exceptions are children under 18 years of age (including those born after the death of the testator), dependents and disabled persons who belong to the first stage of kinship inheritance established by law. They have the right to demand half of the share due to them by law and to defend their interests in court.

If the testator distributed the shares among the specified successors, each of them formalizes ownership of part of the housing in accordance with the last will of the owner. If there was no clear distribution of shares, the area of ​​the immovable property is divided into equal parts between the legal successors mentioned in the order.

According to the law according to the order

If one of the property owners did not have time to document the disposal of his acquired property during his lifetime, after his death the ownership right passes to his legal successors (more details in the article:). The current legislation determines the order in which potential heirs assume their rights. This principle is based on the degree of relationship of the deceased relative with the legal successors.

The Civil Code of the Russian Federation recognizes such close relatives as natural and adopted children, legal spouses and parents of a deceased person as priority heirs. The testator's property is distributed between them in equal parts. The rest of the relatives do not participate in the inheritance.

The right of inheritance passes to the second-priority successors (grandfathers, grandmothers, sisters, brothers) in the absence of primary heirs, an officially formalized refusal or exclusion from entering into the inheritance. According to the same principle, inheritance rights are transferred to the next successors.

The law establishes seven degrees of kinship, representatives of which can claim the property of a deceased relative in order of priority. The eighth line of inheritance allows his disabled dependents to receive the property of a deceased person who has no relatives (we recommend reading:).

How to register an inherited share?

The process of registering an inheritance share in a privatized apartment can begin after the inheritance has been opened (we recommend reading:). It consists of several stages:

1. studying the rights to assets owned by the testator;
2. filing an application for inheritance rights;
3. payment of the state fee for registration of documentation;
4. state re-registration of housing rights.

In order to avoid problems when registering ownership of a share of a residential premises, it is necessary to consult with a notary about the intricacies of this procedure. If not one successor, but, for example, three, has the right to inheritance, it will be necessary to draw up an agreement on dividing the inherited share into three parts. Disputes between successors, the subject of which is inherited property, are resolved in court.

Where to apply and when?

The legal successors of the property owner must apply for acceptance of the inheritance to the notary's office no later than 6 months from the date of death of the testator. When contacting more late dates the legal heir will have to defend his rights in court.

If there is a will, the documents are drawn up at the place where the inheritance was opened. In the case of inheritance by law, the main criterion when choosing a notary office is the place of residence of the testator or the location of the residential premises of which he was the owner.

The closure of the inheritance case is carried out by a notary six months after its opening. Legal successors who express a desire to inherit within a six-month period are issued certificates of the right to inherit the corresponding shares.

To re-register the received share in a privatized apartment, the new owner must contact Rosreestr at the place of registration of the residential premises with a corresponding application. The registration procedure takes seven working days, after which the owner is issued a new owner certificate.

What documents are needed?

When contacting a notary office, the legal successor must submit to the specialist a corresponding application and the following list of papers:

1. death certificate of the owner of a share in a privatized residential premises;
2. a testamentary disposition or document confirming the presence of family ties with the deceased;
3. a certificate containing information about the place of permanent registration of the testator;
4. internal passport of a citizen of the Russian Federation;
5. title documentation for housing;
6. a report from an appraisal company or other paper with information about the current value of the premises.

To re-register ownership rights to an inherited part of privatized housing, you must fill out an application form and submit it to the Rosreestr branch or the nearest MFC. Along with the application you will need to provide:

• certificate of inheritance issued by a notary;
• documentation for the property;
• a receipt confirming payment of the state fee for registering rights to an apartment in the amount of 2,000 rubles.

Is it possible to actually accept an inheritance without going to a notary?

If a citizen accepted an inheritance, but did not formalize it accordingly within six months, he can count on receiving a certificate of heir in the future. To do this, he must provide the specialist with undeniable evidence of the fact of acceptance of the testator’s property.

If the notary has not confirmed the actual acceptance of the inherited assets, the heir may go to court to obtain the possibility of legal registration of the accepted share. Acceptance of property must be accompanied by the adoption of measures to preserve it, manage it, and bear the costs of maintaining the apartment on the part of the heirs.

The legal practice of drawing up wills in the Russian Federation is not widespread at such a high level as in other developed countries. Most often, first-priority heirs receive property from us after the death of one of the spouses, that is, in order of priority.

The inheritance procedure is regulated by Articles 1142, 1145, as well as Article 1148 of the Civil Code of the Russian Federation. It is they who establish the so-called queue by kinship, according to which the heirs of the 1st queue are the closest relatives of the testator, who have an advantage over others in receiving the property of the deceased.

If there are no heirs of this group or they have expressed theirs, their right passes to the relatives of the next line of inheritance.

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According to existing legislation, in 2020, first of all, the following are called for inheritance:

• Spouses

The first priority of inheritance by law is the wife or husband who was in an officially registered state marriage with the deceased. At the same time, “common-law” spouses, as well as dependents and cohabitants, do not have the right to claim the property of the testator, except in cases where this is provided for by the laws of the Russian Federation (we will discuss this further).

However, even when inheriting after the death of a spouse, it is necessary to understand that not all property is subject to division between relatives. After all, all real estate, movable property or things acquired during the period of marriage are considered marital property. That is, such property belongs to the wife and husband on equal rights.

That is why experienced lawyers recommend, before proceeding with the registration of an inheritance, to allocate from the joint property of the spouses the share of the one who can further dispose of it. Then you can distribute the remaining inheritance (the deceased's share) among the heirs in order of priority.

It is worth noting that joint property, according to the Civil Code of the Russian Federation, is not property that is not subject to allocation to the married half. That is, the property that was received by the testator before marriage, no matter whether it was purchased, received as a gift or inherited.

• Parents

The testator's mother and father are also included in the first priority of inheritance. At the same time, it does not matter at all whether they are married or divorced. Also, adoptive parents, who by law have rights similar to parents, are treated as parents, except in cases where the adoption was canceled according to a court decision.

Parents who are legally deprived of parental rights in court are deprived of inheritance rights.

• Children

The same category of primary heirs also includes the children of the testator. Remember that if the latter was deprived of parental rights, he lost the right to inherit property after the death of the child, but children do not lose this right after the death of the parent who did not have parental rights. This fact is due to the fact that a mother or father deprived of parental rights, although they lose their rights to the child by a court decision, are still not released from the responsibilities associated with their children.

Natural or biological children have the same inheritance rights as adopted children. Moreover, if the testator was married to a person who has his own children, they do not have the right of priority inheritance.

By existing standards According to the laws of the Russian Federation, stepdaughters and stepsons are included only in the 7th line of inheritance. Thus, they can claim the property of their stepmother or stepfather only if there are no heirs from the previous 6 lines of inheritance. You can get acquainted with all the stages of inheritance by looking at this table:

It is worth mentioning separately about children born after the death of the owner of the property, who have the same rights to the inheritance or part of it as children born during the life of the testator.

Who is the first heir after the death of his wife?

The situation is the same with the distribution of property after the death of a spouse. Before the immediate division, the part of the property that was acquired during the marriage to the deceased is separated from the common inheritance. Thus, 50% of such property belongs to the husband, and the remaining half is subject to inheritance by the following persons:

• spouse;
• children;
• parents of the testator.

Who is the first heir after the death of her husband?

So, having considered the information described above, we can conclude that the first heirs after the death of the husband are his:

• spouse;
• children;
• parents (mother and father).

The process of distributing the common inheritance begins only after calculations and the allocation of half the share of property acquired jointly by the spouses during marriage. It is the husband’s part, in this case, that will be the share of the inheritance to be distributed among the remaining heirs.

If only one citizen from the list acts as heir and there are no others, then he will receive all the property of the testator. Well, if the deceased does not have any of the heirs of the 1st category or they refused the inherited property, the right of inheritance passes to the remaining heirs in order of legal priority.

Who is the first heir after the death of the mother?

According to the legislation existing in 2020, among the first applicants for inheritance after the death of the mother are:

• spouse;
• children;
• parents.

At the same time, the husband has the right to inherited property only if he was in a state marriage with the deceased, which will need to be documented when opening a case.

The same applies to children and parents - they will also need to present relevant documents proving the degree of relationship with the testator.

If the mother was in an official marriage, then before dividing movable and immovable property, it is necessary to isolate the share of property acquired jointly during the marriage (only necessary if the husband is alive). The second half of the inheritance will be divided among the remaining heirs.

The father and mother (grandfather and grandmother) have the right to inherit property if they have parental rights and have not been deprived of them in court.

Also, instead of the mother’s children, her grandchildren have the right to receive the inheritance first if their parents died with her or before her.

Who is the first heir after the death of his father?

If the head of the family did not leave a will, then the following may inherit his property first:

• spouse;
• children;
• parents of the testator.

As in the case of the mother, before distributing the common inheritance between the above-mentioned persons, the spouse’s share (part of the property acquired during marriage) is allocated. This part of the property is not subject to division and is the property of the mother, while the father's share is distributed among the heirs by law. Wherein, the shares of the heirs of the 1st stage are equal.

In the event that the above persons have renounced their shares or there are none, the right of inheritance passes to the applicants of the 2nd stage of inheritance. It is worth noting that if the testator does not have a single heir in any of the queues, then all of his property will be considered escheat and will become the property of the state.

Features and nuances of receiving an inheritance without a will

Together with relatives who make up the first line of inheritance, other citizens also have the right to claim part of the property. According to the laws of the Russian Federation, incapacitated persons and dependents who were supported by the testator Last year can receive property on an equal basis with the primary heirs. In this case, the share of each of them will be equal to half the share if they received the property or in the order of priority.

To claim their rights, incapacitated persons and dependents must provide the notary with undeniable evidence of their dependence on the testator. Such evidence may include receipts, checks, receipts, witness statements, etc.

The preemptive right to this type of property such as dishes, as well as household appliances and furniture belongs to those heirs who lived with the testator, using and maintaining this property. You can learn more about it from this expert video:

If a part of the inheritance of one of the heirs is significantly larger than the other parts, he is obliged to compensate the cost to the other heirs and thereby equalize the shares.