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When a loved one has passed away, and there are questions related to inheritance, there may be a situation when you have to declare your right to inheritance in court. When a person believes that he has the right to inheritance, but it is not in the will, and when inheriting by law, other heirs inherited the property, you can go to court during 6 months after the death of the testator. This day is considered the day of the opening of the inheritance.

What can be done before going to court

When there are other heirs, you can try to negotiate with them: get their written consent to accept the inheritance. Each heir must be contacted in writing with a request for consent to accept the inheritance. When all the other heirs agree, they submit a written statement to the notary who opened the inheritance case that they agree to accept the inheritance by the new heir.

The notary, who has received such consent, cancels the original certificate of inheritance, and issues a new certificate.

It is necessary to send a statement of claim to the court with the requirement to recognize the heir as having accepted the inheritance. Copies of the statement of claim must be attached to each of the defendants.

Before sending a statement of claim to the court, you need to pay a state fee — 3 basic values. A receipt from the bank for payment of the state fee is attached to the statement of claim.

The statement of claim must also be accompanied by documents that confirm the circumstances referred to by the author of the claim.

What are the consequences of recognizing an heir in court

When the court makes a decision on recognizing a person as an heir, it is not necessary to apply to a notary for a certificate of inheritance. The court’s decision will be a document that confirms the acceptance of the inheritance. In such a decision, the court decides on the rights of other persons to inheritance, on invalidation of previous certificates of inheritance, etc.