The legislative framework

Issues of inheritance law are regulated by civil law, and we are specifically interested in Article 1156 of the Civil Code. Therefore, in case of any controversial issues, you can contact us there. The issue of the death of an heir even before he enters into inheritance is also stipulated in this legal act.

It says that if the heir died untimely, while the testator is in good health, and the heir did not have time to enter into his legal rights, then inheritance will occur through the so-called “hereditary transmission” . It assumes that during the transformation, the heirs of the deceased are called upon by law.

Based on the above, the heirs of the heir can claim the property of the testator. After all, in fact, the deceased person did not have time to assume his rights, which means he must transfer this right to other persons.

Also, you can familiarize yourself with the nuances and similar issues in another source of law. They are court decisions on similar cases. You can find judicial practice on the website of any district court, and you can even familiarize yourself with the decisions that were made in your nearest instance. Video about hereditary transmission:

If there are several claimants to the inheritance

When the testator notes on the paper of the will a number of subjects who receive a share after the death of the testator, then during the emergence of property rights and the death of one of the successors, all values ​​are divided between other successors (second order).

Important! The division of shares of property by the testator occurs in different proportions, sometimes completely different. Each subject accepts the inheritance shares of the deceased, in proportion to the parts assigned to him, according to the document.

When an heir dies before the testator, the right passes to the heirs of the 2nd stage:

1. The heir of the 1st stage (son, daughter, wife, husband, parents of the testator) did not have time to accept the property; the property passes to the grandchildren.
2. In the absence of natural children, spouses or parents, the property according to the will, in order of priority, passes to the nephews, grandparents.
3. The third line of heirs, after the death of the testator's uncle or aunt, is inherited by cousins.

Important! The rule applies to the first three queues. If the successor dies before the testator, and is assigned to the fourth to sixth stages, the values ​​do not pass to other persons.

With a notarized will, the rules change. The compiler independently determines the circle of subjects who have the right to claim the values ​​after his death (one person or several). Upon the death of any of them, the living testator turns to notaries, where he changes the terms of the testamentary document at his own discretion.

We recommend reading: Does a common-law wife have the right to inheritance?

There is a procedure for sub-appointing a successor: the testator builds a whole chain of heirs. For example, the property will go to the son, but upon his death, the daughter receives the property.

When the testator has not prepared an option to change his own order or has not provided for a replacement option, the outcome of the case will depend on the number of applicants. If there is one successor who dies before receiving the inheritance, the will will become invalid. The distribution of property will take place in accordance with the rules established by regulations and legislation.

If there are a number of applicants, the share of the deceased will be transferred to other entities, according to the proportions corresponding to their shares.

To whom do the rights to property pass after the deceased heir?

Let's consider a situation where the heir died, without having time to assume his legal rights. It should also be noted that we are talking about inheritance by law, that is, there is no will.

So, since the heir by law is most likely your close relative on the 1st, 2nd or 3rd line, this means that after his death the bulk of the property that was due to this person passes to the heir’s relatives on the first, second, third line. Read more about the line of inheritance and who the obligatory heirs are here.

Attention! In order to determine who is the next owner of the inheritance, it is necessary to familiarize yourself with Articles 1156 and 1141 of the civil legislation. This article talks about 8 lines of kinship, and in them you must definitely find a second contender for the inheritance.

Now let's talk about the situation when a will takes place. This means that the testator clearly stated to which person and what specific share of the inheritance is due. In this case, if the heir dies, then his share may pass to his heirs by kinship or will, despite the fact that there is no will of the testator to do so.

In the event of his sudden death, the inheritance may go to the closest relative by law, and may also go to dependents.

Therefore, if the testator is not indifferent to the fate of his property, he must rewrite the will, indicating who will receive the property of the deceased heir.

Sometimes there are situations when the heir dies immediately after the opening of the inheritance. In this situation, there is no longer a testator, since he is deceased, because the inheritance was opened 6 months after his death. So what to do in this case?

Since the heir has already entered into his rights of inheritance, but has not yet managed to formalize the ownership right, this does not deprive him of the right to own, dispose of and use the property. And therefore, now his heirs by law or will will become the owners of the received property.

True, in this situation, future heirs will have to make a significant effort, because the registration will involve serious paperwork.

Find out what to do if the heir has not entered into the inheritance within 6 months.

Video about the existing line of heirs:

What is hereditary transmission

Transmission of a hereditary type - the right to inherit if the heir dies without having time to take possession of the property. One of the heirs, by legal succession, receives property potentially belonging to a deceased relative.

The law specifies several options:

1. A successor who was late and refused to write an application to join the inheritance.
2. Without the actual use of property, valuables (received by inheritance) by this person.

Important! When a subject dies after the emergence of hereditary powers on his part, the successors receive the same specifications on a general basis (as established by the Civil Code).

The transmission may not function in all cases; there are reasons when it stops working. They are clearly defined by regulations:

1. The deceased heir was supposed to receive obligatory shares of the inheritance (established in advance, according to a notarized will); after his death, they do not pass to other subjects of inheritance.
2. The person already had the right of transmission (he himself was the successor of the second stage, after the death of the heir), which means that relatives will not have this opportunity, even after his death.

We recommend reading: Opening an inheritance case

If there are several applicants and one of them is dead

If one of the heirs has died, but there are others, then the issue of the deceased’s share is resolved. If there is a will and the first heir has no relatives, the share is divided equally among the remaining heirs in proportion, thus leaving no voids in the inheritance.

Important! If the deceased has relatives, they become full participants in the inheritance process.

The site has useful information about who the commorients, unworthy and heirs by right of representation are under the law. It is also important to know about the peculiarities of inheritance by minors and whether disabled people have the same rights to inheritance as healthy people.

Procedure

So, if the first heir has died, then the second, in view of the current situation, must take the following actions:

1. Firstly, he must appear before the notary in order to receive advice on what his next steps should be.
2. Next, he needs to prepare a package of documents, which will include a passport, ownership documents, death certificate, will, and so on. All these papers must be submitted to the notary for review and appropriate verification.
3. If, in accordance with the examined papers, it turns out that the heir has managed to assume his legal rights, then the notary writes a statement in which he allows the new heir to become the owner of the property.
   Then you can prepare documents for ownership in Rosreestr. If you did not have time to take legal rights, you must provide a copy of the will proving the heir’s right to the property that he did not realize.
4. Wait until the title deed is issued in your name.
5. Having received it, you are now the full owner and can carry out various transactions with the property.

Documentation

When registering any inheritance, you must provide a considerable number of original documents and their copies:

• a statement indicating that you want to accept the inheritance;
• original death certificate of the testator;
• passport of a citizen of the Russian Federation or other document that can be used to confirm identity;
• a document that will confirm your family ties - a marriage certificate, for example;
• if available, a will (it must contain the signature of a notary);
• a certificate from the passport office, which is prepared according to form No. 9;
• house book in which all cohabitants are listed.

In addition to the main documents, the notary's office may ask for additional papers. Eg:

• if one of the relatives refuses property in favor of one of the heirs, then a statement confirming this is required;
• certificate of extract from the house register;
• a certificate containing information about the valuation of the apartment as of the date of death, etc.

Documentation

1. Provide your passport and make a photocopy of it.
2. It would also be useful to provide documents that indicate that the previous heir has assumed his legal rights.
3. Attach the will document, if available.
4. Be sure to include documents on ownership, if any, as well as receipts for payment of state fees.
5. In some cases, you may be asked to provide other documents that will apply in a given situation.

Drawing up an application

The application in the form of a claim is drawn up on an A4 sheet. It should have a clearly defined form that you can see on the Internet. We also recommend that if you do not have experience in drawing up statements of claim, you contact a lawyer.

Your application must have several points:

1. The first of them indicates the passport details of the plaintiff and defendant.
2. You must also indicate the reason why you went to court.
3. Referring to laws and articles, you must indicate how you see the solution to the problem.
4. Ask the court to look into your case.
5. Make a list of documents in list form.
6. Put the date and signature.
7. A receipt for payment of the state fee must be attached to the statement of claim; without it, your application will not be considered.

On what grounds can they refuse?

Attention! You may be denied a claim or inheritance rights if you are not a first- or second-line heir to the deceased, and therefore cannot lay claim to the property.

They may refuse for an incorrectly formed package of documents, drawing up an application, or lack of evidence of your relationship with the first heir. As you can see, there are quite a lot of reasons, so very often in practice cases are decided against the second heirs.

Therefore, if you seriously decide to become the owner of an inheritance after the death of the first heir, you will have to try.

We hope that our instructions were short and understandable for you. I would like to believe that all the nuances outlined in this article will be carefully studied and taken into account.

Actions when registering property

Many “late” recipients of an inheritance are concerned with the question: How long can it be possible not to register what was received? The maximum period during which you can not register property is six months.

List of actions during registration:

• If the inheritance occurred without a will, then the first thing you need to do is contact the notary service, which is located at the place of residence of the deceased. If the inheritance is by will, then go to the notary who drew it up. He definitely has another copy.
• An essential point when drawing up an application for entry into the right of inheritance is the fact in the document, which states that the property will be accepted, regardless of its location.
• In terms of time, notary verification can be from 2 days to 2 weeks. Therefore, you need to take this into account when registering an inheritance.
• The required list of documents is attached to the application. It consists of 2 categories – mandatory and optional.

Required documents:

1. death certificate;
2. recipient's passport;
3. extract from the place of opening of the inheritance;
4. certificate of family ties.

The list of additional documents is compiled by a notary.