Reinstatement of the missed deadline for acceptance of inheritance in Russia

If the heir did not apply to a notary within the period for acceptance of inheritance and did not take measures for the actual acceptance of the inheritance, the legal way to receive inheritance by the lapse of time for its acceptance is to restore the lapse of time for acceptance of inheritance, which will be discussed in this article. First of all, we shall deal with the correctness of the calculation of the deadline for acceptance of inheritance. Often the heirs ask whether it is possible to enter into an inheritance and registration of the inheritance in six months. However, attention should be paid to the fact that the deadline of 6 months from the date of death is given to intestate heirs, and in the absence of a will, to first priority heirs. Subsequent lines are called if the previous line refuses to accept the inheritance or if they miss the deadline, and the following lines have their own deadline for accepting the inheritance, i.e. they are subject to extension of the period for entry into the inheritance. If the first or last priority heirs, if any, fail to accept the inheritance, the next in line heirs will have 3 months from the date of expiry of the period for acceptance of the inheritance by the more “priority” heirs (by virtue of the will or the previous succession) to file an application for acceptance of the inheritance. If the heirs who have the right to inherit have refused to accept the inheritance (they notarized the renunciation of the inheritance rather than simply took no steps to accept the inheritance), or have been recognized as unworthy heirs, the heirs who acquired the right to inheritance exclusively as a result of the renunciation/non-worthy heirs shall have 6 months from the date of their right to accept the inheritance. Correct calculation of the deadline for acceptance of the inheritance is an important step before making a decision to reinstate the deadline for acceptance of the inheritance (you may not have to reinstate the deadline if you calculate the deadline correctly). If you still missed the deadline for inheritance, you need to reinstate the deadline. There are two ways to inherit after the deadline has passed. Registration of inheritance with a missed deadline in an out-of-court procedure This is the so-called conciliatory procedure. This way of acceptance of inheritance after the expiry of the determined term is possible only if there are heirs who have timely accepted inheritance and they all agree on the inclusion of the heir who has missed the deadline for acceptance of inheritance in the list of persons accepting inheritance. Note! If the deadline was missed by the only heirs, or all the heirs missed the deadline for acceptance of inheritance, the reinstatement of the missed deadline is possible only through judicial procedure. Reinstatement of the deadline for acceptance of inheritance in court If the conciliation procedure to reinstate the deadline for acceptance of the inheritance does not suit you, you will have to defend your rights in court. How to reinstate the deadline for acceptance of the inheritance in court? To begin with, such disputes are considered by way of action proceedings, that is, the heir must go to court with a statement of claim to restore the period of entry into an inheritance. The heirs who accepted the inheritance are involved as defendants (and if no one accepted the inheritance, the succession proceedings were not opened, the owner of the property escheat - the Russian Federation in respect of any property, except residential premises; the city of federal importance or a municipality in respect of residential premises), regardless of whether they received a certificate of right to inherit. You can find out whether an inheritance file has been opened on the website of the Chamber of Notaries. In order to reinstate the deadline for acceptance of inheritance, the heir who missed the deadline must prove the existence of the following circumstances at the same time: The heir did not know and should not have known about the opening of the inheritance or missed the deadline for other valid reasons Such reasons include: serious illness, helpless state, illiteracy, etc., if these reasons prevented the acceptance of the inheritance during the whole term established by law. In practice, such reasons in the courts often also include a long business trip to another region or abroad, permanent residence abroad, the establishment of the fact of kinship by a court decision after the expiry of the period for acceptance of the inheritance, and the young age. However, it should be noted that often in Moscow courts the practice is not in favor of heirs, so the heir must provide strong evidence for the validity of the reasons for missing the deadline, since, as court practice in probate cases shows, many logical evidence of the reasons for missing the deadline, accepted in the regions, are not accepted by the Moscow courts, and if the court refused to reinstate the deadline to be ready to appeal the decision in higher authorities. Such circumstances as a short-term health disorder, ignorance of civil law norms on the timing and order of acceptance of inheritance, lack of information about the composition of inherited property, etc. are not valid. The heir shall provide evidence of the validity of the reasons for missing the deadline in order to reinstate the deadline for accepting the inheritance (written evidence - certificates, orders, etc., testimony), to justify the impossibility to accept the inheritance for these reasons to the court. The heir, who missed the period of acceptance of inheritance, appealed to the court within 6 months after the reasons for missing the deadline. The specified period of six months set for application to the court with this claim is not reinstated, and the heir who missed it, deprived of the right to reinstate the deadline for acceptance of inheritance. We recommend to adhere to the following algorithm to reinstate the deadline for acceptance of inheritance in court. Step 1: Prepare a statement of claim and documents The statement of claim must specify, in particular, the requirements for reinstatement of the deadline for acceptance of inheritance and the recognition of the heir as having accepted the inheritance, as well as the circumstances on which these requirements are based (give reasons for the presence of the 2 circumstances specified above). Documents that are required to reinstate the deadline for acceptance of inheritance in court: A copy of the death certificate of the testator or the court decision on the recognition of his death Copies of documents that confirm the right to inheritance (will, documents confirming the existence of kinship with the testator - certificates of birth, marriage, and adoption) Proofs of validity of missing the deadline for acceptance of inheritance, as well as proofs of appeal to court within 6 months from the moment when these reasons have disappeared Documents that describe the composition of inherited property The refusal of the notary to issue an inheritance certificate in connection with the omission of the deadline for acceptance of inheritance Copies of postal receipts and the list of attachments confirming the dispatch of the claim to the defendant and third parties The document that confirms payment of state duty for consideration of the claim Step 2: Submit the statement of claim and documents to the court The application for reinstatement of the deadline for acceptance of inheritance and the recognition of the heir accepted the inheritance is filed in the order of the lawsuit. Before filing a claim in court, it must be sent to the defendant and third parties. The statement of claim for reinstatement of the deadline for acceptance of inheritance is filed in the district/city court by place of residence / location of the defendant (the owner of the unclaimed property or other heirs, if any). Action against a defendant whose place of residence is unknown or who has no place of residence in the Russian Federation, you can bring in the district court at the location of his property or the last known place of residence in the Russian Federation. If the inheritance includes immovable property, the case for reinstatement of the deadline for accepting an inheritance is heard at the location of the immovable property (exclusive jurisdiction in cases involving immovable property rights). Step 3: Obtain a court decision on the reinstatement of the deadline for acceptance of inheritance Issuing a decision on the reinstatement of the deadline for acceptance of the inheritance and the recognition of the heir as accepted the inheritance, the court must determine the shares of all the heirs in the inherited property. It must also take measures to protect the rights of the new heir to receive his share of the inheritance and invalidate previously issued certificates of right to inherit. When the missed deadline for acceptance of inheritance is restored and the heir is admitted as accepted inheritance, there is no need for other actions of acceptance of inheritance. That is, you do not need to apply to a notary for a certificate of right to inherit. By the decision of the court also make changes to the entry on the state registration of rights to immovable property. In the event that those who accepted the inheritance before the missed deadline for acceptance of the heir has already implemented the property or the property is not with them for any other reason, the declared heir has the right to receive monetary compensation in the prices that existed on the day of opening the inheritance. After receiving a court decision, which has entered into legal force, to reinstate the deadline for acceptance of inheritance in the form of immovable property, it is necessary to apply to the Rosreestr for registration of ownership rights. Both methods for reinstatement of the deadline for acceptance of inheritance apply in case of missing the deadline for acceptance of inheritance by will and in case of missing the deadline for acceptance of inheritance by law.

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