In the absence of testamentary inheritance is accepted in accordance with the sequence specified by the Civil Code Art.
1142 - 1145.
The transition to the subsequent stage takes place in cases of removal from direct inheritance naslednikov- their written resignation, deprivation of the right of inheritance or their absence.
The heirs of the first stage
Russian legislation provides for 8 queues, each of which receives equal share inheritance.
Article 1142 says that the heirs of the first stage are the spouse of the testator, his children, and his parents. Grandchildren and grandchildren, descendants take the inheritance by right of representation.
In the case of an unregistered marriage(Cohabitation) "civilian spouse" may come into an inheritance only by will or as a dependent. Children come into the inheritance if their origin is related to the testator, and it is set according to family law. In cases of annulment of marriage the children born to him will be the heirs of the first stage. As heirs to the priority referred adopters and adoptees (st.1147 claim 1 of the Civil Code).
Parents deprived of parental rights orhas failed to fulfill parental responsibilities - slayer rule (st.1117 Civil Code), and therefore do not fall in any of the queues, though the children themselves do not lose the right of priority inheritance.
Dependents of citizens from the deceased at least one year prior to death, in accordance with Art. 1148 also become the priority and equal in proportion with the rest.
The adoption of inheritance
Inheritance is accepted in full, you can not accept it in part. The inheritance includes all property rights and obligations.
Adoption occurs after submission of a writtenapplication of inheritance at the place of opening the inheritance. When you send the application by other persons, or send it by mail document must contain the signature certified by a notary public or a person who is authorized to certify documents (Art. 1125 Civil Code). Also on the notarized power of attorney property may be transferred to any representative of the heir, legal representative receives a property without a warrant.
Six months - the time during whichheir may upon application to claim the inheritance. After the heirs can file a request at the sole discretion of the court, if the deadline was missed for valid reasons.
The court then determines the proportion of all legal heirs. In case of refusal from the inheritance successors must also submit a written notarized statement.
Upon receipt of the inheritance heirs pay a state fee, depending on the level of relationship with the testator, as well as the inherited property.
From state duties are exempt heirs: who at the time of death lived with nasledodatelem- heirs of those who died in the performance of the public service, carrying out public tasks, and so hereinafter minors and incapacitated heirs, and not subject to cash deposits in banks and royalties.