Entering into an inheritance

What is happening

Most enquiries start with uncertainty: which notary to go to, which documents are needed, and what to do if the flat was never registered and the car is in an impound lot. The key thing at this stage is not to miss the six months.

The second situation: the deadline has already passed. The heir was living abroad, did not know about the death, or assumed a relative would deal with everything. The question is then resolved either with the other heirs' consent or through the courts.

The third: a complex estate. A stake in a company, deposits in several banks, property in different regions, loans taken out by the deceased. You need to know early what can be done through the notary, what will need a court, and how the debts compare with the value of the assets.

What the law says

• An inheritance must be accepted within six months of the opening of succession, which as a rule is the date of death (the Civil Code).
• Acceptance is by application to the notary where succession opened, or by conduct: taking possession of the property, paying for its upkeep or settling the deceased's debts. Acceptance by conduct is then proved with documents or, if disputed, in court.
• A court will restore a missed deadline if the heir did not and could not have known of the death, or missed it for another good reason, and applied within six months after that reason ceased. Without a court, this is possible with the written consent of all heirs who have accepted.
• On intestacy, heirs are called in classes: the first class is the children, spouse and parents. A will takes priority, but dependants and close relatives who are unable to work keep their right to a compulsory share.
• An heir who accepts is liable for the deceased's debts up to the value of the property received. You cannot accept only the profitable part: accepting part of an inheritance means accepting all of it.
• Title to real estate is registered on the basis of the certificate of inheritance under Federal Law No. 218-FZ of 13 July 2015 "On State Registration of Real Estate"; a stake in a limited liability company passes subject to the charter and Federal Law No. 14-FZ of 8 February 1998 "On Limited Liability Companies".

What we do

• We establish where succession opened, who the heirs are and the deadlines, and find or open the probate file.
• We list the assets and debts and request information from registers, banks and registration authorities.
• We prepare applications to the notary and documents proving kinship and the deceased's title to the property.
• If the deadline has passed, we gather evidence of good reasons or of acceptance by conduct and take the case to court.
• If the notary refuses a certificate, for example because the deceased's title was never registered, we seek recognition of your right in court.
• We register title to real estate and transfer vehicles, company stakes and accounts.

What we will need from you

• The death certificate and details of the deceased's last place of residence.
• Documents proving kinship: birth and marriage certificates and records of any change of name.
• Any documents you hold on the assets: contracts, extracts, vehicle papers, bank documents.
• The will, or information about it, if there was one.
• If the deadline has passed: receipts, repair invoices, neighbours' statements and other evidence that you used the property.