How to get a Certificate of Inheritance
A key element of the realization of the right to inheritance is obtaining a Certificate of the right to inheritance.
This is perhaps the most important stage in obtaining an inheritance, so the period for obtaining a Certificate of Inheritance is not limited by time frames. However, without the completion of this process, the ownership of the inherited property will be incomplete, and therefore fully it will be impossible to dispose of the property (for example, to sell it).
Is it obligatory for the heir to receive this Certificate?
Not always. For example, in the case of transfer to the heir of property that is not related to real estate, does not require mandatory state registration and is not the subject of a property dispute, the Certificate may not be received.
To obtain a Certificate of Inheritance, it is necessary to transfer to the notary a whole package of documents, the composition of which can change dramatically depending on the type and amount of inheritance, as well as on the type of inheritance.
Basic documents include:
- death certificate testator;
- certificate from the last place of residence of the testator;
- TIN and passport of the heir;
- title documents for all inherited property (we are talking about documents that confirm that the testator really was the owner of the inherited property).
The packages of documents for entering into an inheritance by law and by will are somewhat different.
Entry into testamentary inheritance requires the presence of the most important document - a will.
Inheritance by law obliges the heirs to submit to the notary additional documents confirming the relationship with the testator (birth / adoption certificate, marriage certificate), which is not required in the case of inheritance by will, since the heir by will does not have to be a relative, it can be a complete stranger or organization.
A certificate of the right to inheritance is issued to the heir by a notary public on the basis of a personally submitted by the heir statements in writing. In the case of filing such an application by mail, the authenticity of the signature of the heir must be notarized.
A certificate of the right to inheritance is issued to each of the heirs who have the right to this, with the definition of their names and shares in the inheritance.
The certificate of the right to inheritance cannot be issued before the end of the six-month period.
The certificate of the right to inheritance is not issued until the birth of a child conceived during the life of the testator.
If there is a court decision on the determination of an additional period for accepting the inheritance, the Certificate of the right to inheritance is issued after the expiration of the period determined by this decision.
The certificate of the right to inheritance can be invalidated only by a court decision.