How to determine the share of inheritance
You will need
- - application to a notary;
- - The list of documents stipulated by law;
- - a statement to the court (if the heirs cannot agree on the division by peaceful means).
If the testator did not leave a will, and according to the law he has several heirs, all legal heirs must apply to the notary. Each heir personally fills out a request form in a unified form, which confirms that the heir wishes to enter into the rights of his share and declares it.
Present to the notary an inventory of all the property that belongs to the section, your identity documents, death certificate, documents confirming your relationship with the testator, a certificate from the testator's last residence. If you do not have any documents, then, according to the law on the Notary, the notary is obliged to assist you in their receipt in every possible way.
After 6 months, which are established by law, you will receive equal shares of inheritance.Equality of shares will be determined on the basis of their value. If the spouse lives after the testator, he will inherit half of the share of the entire property (Article 256 of the Civil Code of the Russian Federation, 34 of the RF IC). All other heirs will share among themselves the remaining share of the property.
If one of the heirs refused to enter the rights of inheritance, then he can simply refuse from them or write in a statement about transferring his share to another or other heirs.
If heirs by law cannot agree peacefully on the division of inheritance, then they should go to court, as the notary cannot participate in feuds between heirs. In this case, the section is made in court.
If the testator left a will, then all property is divided according to the instructions in the will. If in the will only the names of the heirs are indicated, then the property is divided equally between the specified persons.
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