Find out the date of death of the testator - this is the first day.
Add six months - this is the last day.
Application for acceptance of inheritance must be filed between the first day and the last day of the sixth month.
Lots of options. For example, if you are the only “automatic” heir, nothing will happen until you have to prove that this is your property or by accepting the inheritance “automatically” you find out that you have also “automatically” accepted loans. If you miss the submission deadline Statements, then a procedure for the restoration (extension) of this period is provided, which is implemented through a court decision.
Take a passport, TIN, death certificate, a certificate of the last place of residence of the deceased, a document confirming that you are the child of the deceased parent and go to a notary. The notary will tell you everything else.
If you do not have the opportunity to come to the notary in person (for example, you live in another city) to file statement, then the application can be certified by a notary who is near you and send this application by mail, by registered mail with a notification and an inventory. If you do not have time to deal with your inheritance, then you need to choose a trustee and issue him a notarized power of attorney for the actions that are necessary so that you can receive the inheritance.
The car belongs to the category of property for full possession of which registration is required Certificate of Inheritance.
There are usually two problems in connection with the car:
1) The heirs of the first stage use the car after the death of a loved one as formally accepting the inheritance. But this is until they need to sell the car, rent it out or transfer it by proxy. This is where the problem comes in that you don't think about. Until you get Certificate You are not legally the owner of the property. In other words, there is no document that says that you are the owner of the car, which means you cannot sell or transfer for use. Therefore, always give statement and exercise your rights.
2) The car can be used by proxy, but with the death of the principal, the power of attorney is automatically canceled. This is a note to those who buy a "car by proxy."
In short, it's the same as any other real estate.
Most often, the problem is that the ownership of this property is not registered, which means it is impossible to sell it.
The etiology of the origin of this problem is that quite often the heir after the death of the testator (for example, parents) does not draw up Certificate of Inheritance and continues to live in the apartment without thinking that the question "Are you the owner of this apartment?" - he does not have the right to answer "Yes", because there is no legal document in which this is indicated and there is no corresponding entry in the register that this is his apartment.
They usually remember this when the apartment needs to be sold. Even worse, in the modern real estate market, where it is much more difficult to sell an apartment at an adequate price than to buy (a lot of new modern housing in new buildings), you need to fight for each buyer. And when this buyer is located, it turns out that there is no document that will allow you to sell the apartment, and its registration will take a decent amount of time. The buyer will not wait until the owner of the "hereditary" apartment formalizes his right to it, but will go to another seller.
So don't delay filing. statements and design ownership.
The sale of an inherited house has the same properties as the sale of an inherited apartment, with the exception of two special features.
The first is a larger number of documents (technical passport of home ownership, documents for a land plot ...) which the notary will tell about
The second is quite often a private country house, it is a collection of real estate of various types (house, buildings, land ...), which is used or claimed by all relatives. And this is the key to potential conflicts. For example, a house was donated to one of the heirs of the first stage, and the land on which the house stands becomes an inheritance according to the law, i.e. as if it belongs to everyone equally. In this case, the heirs will have to somehow share an inheritance - either negotiate, or allocate property in kind, or resolve conflicts through the courts.
By geography - a notary in the locality where the deceased was registered.
In terms of powers, both public and private notaries have exactly the same rights and powers.
For the price - it is generally believed that public notaries are cheaper, but today this is more of a myth.
Based on monitoring the costs of heirs, we can state the following - the cost of filing an application with public notaries is lower, but the total cost of entering into an inheritance (which includes Statement, And Certificate, and requests, and the collection of documents, and work with registers ...) turns out to be no higher with private notaries than with public ones, and taking into account the time spent (in state offices there are long queues, sometimes for months) and comfort, registration of an inheritance with a private notary is preferable, especially for those whose time is worth something. Moreover, according to the law on notaries, a private notary (unlike a public notary) has the right to set tariffs by agreement, in connection with this, private notaries were even limited in that they cannot set tariffs cheaper than a public notary's office.
Quite often, the term "disinherit" means different facts. Let's briefly go over the main ones.
1) You expected to receive an inheritance, but you didn't. The first question is whether you declared your inheritance rights by filing statement notary? If not, then you need to understand that if the application is not submitted, then it is automatically considered that you are not interested in the inheritance. Also, no one is obliged to look for you and report, like in films, the good news that a rich uncle left you an inheritance (except if the “uncle” left instructions on this).
2) If you are not included in the circle of heirs in law or by willyou can't claim inheritance.
3) There is a concept heirs with compulsory share. If you fall into this category, then your claims to non-inheritance are well founded. You need to go to court.
4) Well, and a rarer case - you are included in the category of persons who cannot be heirs due to the fact that they took the life of the testator, prevented the drawing up of a will, exerted pressure, etc., more here.
The share is registered as a common hereditary property, a certificate of the right to inheritance is issued in law or by will. Of the documents, you must definitely need the original act or a certificate for a share. It is drawn up together with the rest of the property within a period of six months in accordance with the Civil Code, within this period it is necessary to submit declaration of inheritance to the notary. But keep in mind that grandchildren are not included in first line of heirs, therefore, if there is no will, then most likely there are heirs of an earlier line of kinship.
If you have a court decision recognizing you and your common-law spouse as one family, then according to Article 1264 of the Civil Code of Ukraine, you are fourth line of heirs which includes those who lived more than 5 years before the opening of the inheritance. But according to Article 1259 of the same code, the heirs have the right to change the order, that is, if the children of a common-law husband want, you can be included in the appropriate agreement as an heir or redistribute inheritance shares.
Yes, that's right - the notary has issued you a document on the ownership of the property (Certificate of Inheritance) in your name, and left the documents in the name of the deceased testator in his archive.
The volume of work of a notary when registering an inheritance is usually divided into two blocks.
The first is the opening of a probate case on the basis of the Statements.
The second is issuance Certificate of Inheritance.
Such distribution is reasonable and fair, since the adoption of the Statement is a standard procedure with clear time frames. And in order for a notary to issue a Certificate, work with registers, requests, documents, etc. will be required. The volume of this second stage is sometimes difficult to calculate in advance, especially if there are several heirs, there are conflicts in the division of the inheritance, not all documents are available or they need to be updated, it is required to retrieve and / or restore data from registries or BTI, etc. Notaries usually talk about such a division at the stage of receiving an application. Perhaps the notary did not draw your attention to this and you took it as a surcharge.
In order to decide that you are included in the will, there must be grounds. If there are reasons for this, then you will face the following situation - in Ukraine, the registry of inheritance cases and wills is not an open registry (at least for now). In this connection, you cannot simply go into it via the Internet and get the information you need from there. This is the prerogative of notaries. But you also cannot call a notary and ask him - "Please see if there is a will for me." Due to the fact that this information is closed, the notary cannot verify the presence of the will in the register by word of mouth. Therefore, in order to find out about the existence of such a will, you need to personally come to the notary with a document confirming your identity, a certificate of death of the testator and submit an application. After that, the notary will be able to answer a similar question.
A non-privatized apartment actually belongs to the state, so it is impossible to inherit it.
Actually, they just have an advantage over you because they relate to first line of heirs. If you have lived in the same family with a common-law husband for more than 5 years, then you are in fourth stage heirs. On the other hand, if the spouse left behind a will in which only you are listed as the heir, then they can challenge this provision only through the courts, which is unlikely.
To date, according to the legislation, an expert assessment of property is required to calculate the state duty and income tax.