How to make a legacy?
Many nowadays think about how to make a legacy after the death of a person. After all, really. Modern reality is not famous for especially the honesty of citizens towards each other. Sometimes even close relatives leave each other without a piece of bread. It is sad, but it is a reality, to the factors of which it is necessary to be sometimes ready. In addition, the question of how to formalize the right to inheritance becomes an edge. Especially in the case when a dying person is completely out of his mind for reasons of extreme old age, or some kind of tragedy. It was then that many very distant relatives and aspirants begin to curl around the dying man, like vultures.
How to arrange the inheritance correctly: to register the inheritance, you need to contact the notary, who is located at the place of residence of the deceased owner. To get an inheritance from a notary, you need to submit an application for entry into the inheritance within six months from the date of death of the owner. And the very entry into the inheritance occurs after six months. To open a hereditary business you need to collect a number of documents.
List of documents for opening a case
- certificate of death of the owner of the property (you can get it in a medical institution);
- a document confirming the last place of residence and registration of the deceased and an extract from the house book;
- documents that certify the identity of the person and the degree of his relationship with the deceased relative (passport, birth certificate or a document certifying the marriage).
All the above documents are transferred to the notary for verification, after which a hereditary case is opened on the basis of the documents provided and the application by the notary. Next, you need to collect documents on the property that remains after the owner’s death (to save time, you can collect these documents and submit them when you first visit the notary). For property documents are.
List of documents about the property
- documents confirming the lease of bank cells;
- savings book;
- bank deposit agreement;
- certificate of car registration;
- the estimated cost of the car at the time of death;
- documents for an apartment (certificate of ownership of housing, deed of gift, contract of sale, apartment privatization agreement, etc.);
- Help, outstanding BTI, about the cost of housing on the day of death of the owner;
- apartment plan and its copy, which must be certified by the BTI;
- explication of the premises and its copy, which must be certified by the BTI;
- extract from the house book about living in the room together with the testator;
- copy of the personal account;
- documents for the land and cottage (estimated value of the land and cottage at the time of the owner’s death, the cottage plan and its copy, which must be certified by the BTI, the cadastral plan of the land, the explication of the room and its copy, which must be certified by the BTI, documents which confirm the ownership of the premises and others).
All documents on the property that remained after the owner’s death are presented to the notary for verification, he checks whether the property belonged to the deceased, verifies all the characteristics and the location of objects with the data provided in the documents, if everything is correct and matches, a notary will issue a certificate confirming the immediate inheritance right. Such a certificate can be issued both to all the heirs together, and separately, as to the property as a whole, in the same way and to its individual components.It remains only to verify whether the certificate is properly drawn up, whether there is a stamp and a notary's signature and register the title to the inherited property.
Inheritance can be divided into two conditional groups: by will and by law.
How to arrange an inheritance by law, we have discussed above.
Inheritance by will
How to make an inheritance under a will: this way of formalizing an inheritance is possible if the will was drawn up and notarized by the deceased property owner. A will is a document expressing the will of the testator and telling how to dispose of his property after death. A will is a transaction concluded unilaterally by a citizen who is in a capable state. The testator has the right to change the terms of the will or cancel the will at all. The testator may indicate in the will, who and in what proportion will inherit property, may simply indicate the number of persons to be inherited, in which case the property will be divided into equal shares between the heirs.
Persons who are not listed in the will have the right to sue and protest the will.
A notarized testament is considered valid, any changes must also be notarized.
The will can be open and closed. Closed is written in the presence of a notary who seals it in an envelope and puts his signature on the envelope.
The procedure of registration of the inheritance under the will takes place almost, as well as by law. The difference consists only in the fact that relatives can be heirs, both in turn and outside. Documents are provided for verification by a notary the same as in the registration of the inheritance by law, plus the original testament.
Inheritance to the apartment
How to arrange an inheritance for an apartment: the design of inheritance of an apartment can be carried out both by law and by will, if such has been drawn up. When formalizing inheritance rights under the law, heirs are called upon in the order established by law. This queue determines the degree of kinship between the deceased owner and the heirs. There are seven such queues. The heirs of each next turn can receive their share of the inheritance only if there are no heirs of the previous turn. In addition to the queue, according to the law, you can get an inheritance by the right of representationIf at the time of registration of the inheritance the heir died, the right of inheritance shall be received by the rest of the spouses and children.
In order to issue an inheritance to an apartment, an application must be submitted to the notary for an inheritance, but no later than six months after the owner’s death. Also collect all the necessary documents:
- certificate of death of the owner of the apartment (you can get it in a medical institution);
- a document confirming the last place of residence and registration of the deceased and an extract from the house book about living in a room together with the testator;
- documents proving the identity and degree of kinship with the deceased (passport, birth certificate or marriage certificate).
- documents of ownership of an apartment (certificate of ownership of housing, deed of gift, contract of sale, privatization of an apartment and others);
- certificate from BTI about the cost of housing on the day of death of the owner;
- apartment plan and its copy, which must be certified by the BTI;
- explication of the premises and its copy, which must be certified by the BTI.
After checking all documents by a notary, a certificate of inheritance is issued, it remains only to go through the registration procedure.
If the heir resides in one city, and the apartment was inherited in another, so as not to go back and forth, he can make a power of attorney in the name of some other relative or friend, who will deal with the registration of the inheritance. In the power of attorney you need to specify what actions a trustee can perform. In case of unforeseen situations, the power of attorney can be withdrawn at any time.
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