The opening of the inheritance is athe emergence of a legal relationship of a hereditary nature. The grounds (legal facts) leading to this procedure are the declaration to the deceased and the death of a citizen.
The time of opening the inheritance is a daythe death of the testator or the date of entry into force of the decision to recognize a citizen as a deceased person. In the latter case, when announcing the death of a person who disappeared in the presence of circumstances that posed a threat to life or gives rise to the assumption of his death on an accident, the court may decide to recognize the day of his death as the day of death.
The discovery of inheritance provides for the definitionthe composition of the existing inheritance property, the terms under which creditors are allowed to make claims, the terms of refusal or acceptance of the inheritance, the issuance of a certificate, as well as the time when the heirs inherited property rights to the property of the deceased or recognized as such. In the framework of the procedure, the legislation is also determined, on the basis of which the entire procedure will be implemented.
With simultaneous death of persons who act as heirs relative to each other, the opening of the inheritance is carried out immediately after the death of each of them separately.
The established fact of death, as well as the daydeath must be confirmed by a death certificate. This document is issued by the Registry Office. In the event of the refusal of the said authority to register death, this fact may be established at a certain time within the court of a special proceeding.
The place of opening the inheritance is the placethe last permanent residence of the deceased or recognized as such or the location of the property of a deceased or a substantial part (in the event that it is not established where the deceased lived). At the same time, it is determined by which legislation (whose country) should be used during the procedure. So, for example, if the opening of the inheritance of a citizen who died in Russia, will be carried out in the territory of Moldova, then the disabled can become disabled relatives. However, according to Russian legislation, these persons do not participate in the procedure.
Thus, the correct location, wherethere is a discovery of hereditary relations, is of great importance in the solution of various procedural issues. So, it is determined which particular notary office will conduct the procedure. In the established place of opening of hereditary legal relations, measures are taken to protect the property of a deceased person or a citizen recognized as such. Also, lenders have the opportunity to make their claims.
As a place where hereditarylegal relations of citizens who lived temporarily outside Russia and died or recognized as such there is the area of their permanent residence prior to traveling abroad or finding the existing hereditary property (or its substantial part) in the territory of Russia. For citizens who have resided permanently abroad and died there, the procedure is carried out in the country of residence.
Place of origin of hereditary legal relationsis confirmed by a special certificate of the Housing Authority, the local administration, the street committee or a certificate from the work where the last place of residence of the deceased or recognized as such is indicated. The same organizations can issue certificates on the location of property or a significant part of the deceased (in the event that it is not established where the citizen lived). If it is impossible to provide either one or the other certificate, the notary is given a decision that has entered into force on establishing the place of origin of hereditary relationships.
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