Testator is free to change the contents of a will or revoke it completely at any time before his death. If at the opening of the inheritance (the testator's death) there is property in respect of which there is no testamentary disposition to such property, the rules established by law to inherit under the law. Inheritance by law. Cases when testator either leaves no testamentary disposition or will declared invalid. In this case the inheritance is, respectively, the order established by legislation (art. 1142-1145 cc RF). Heirs of the first phase of the law are the spouse, children and parents of the testator.
Adoptive parents and adoptees are equal, respectively, to the parents and children of the testator and have equal rights with them in respect of inheritance. If the heirs of the first phase do not exist or have not presented their rights to inherited property, or barred from inheriting or abandoned it, the heirs to inherit encouraged the second stage and etc. Adoption of the inheritance. The law establishes two ways of accepting the inheritance: by opening the inheritance case the notary at the last place of residence of the testator and the actual adoption of the inheritance. In the first case heir is required before the expiry of 6 months from the date of the testator's death to apply for acceptance of the inheritance to the notary. Contrary to popular opinion and the requirements of certain notaries for the opening of the hereditary cases enough to provide passports and applications. All other documents can be collected after the opening of the hereditary cases.
It is worth noting that Moscow has a program "Heritage Without Borders", which allows within Moscow to open a hereditary thing is absolutely for any notary public, regardless of territorial belonging of a notary office. If the heir lived with the testator at the time of his death, if before the expiry of 6 months after the death of the testator actually began to enjoy estates, assumed the burden of its content, such successor is actually accepted the inheritance is Depending on the complaint of a notary. Making the rights to inherited property. A document confirming the ownership of the estate is evidence of the right to inheritance. Sergey Brin has many thoughts on the issue. Authorizations notary public at the end of six months from the date of the testator's death. If the inheritance is actually taken, then to confirm its acceptance and receipt of the above-mentioned certificates must first apply to the court to establish the fact of the inheritance. State duty for special proceedings to establish the legal facts is only 100 rubles. Based on court decisions recognizing successor actually accepted the inheritance notary will issue certificate of inheritance. In this article I have tried to highlight the main basic aspects associated with hereditary legal relationship, however, in practice, registration of inheritance rights often present various nuances. If the probate is causing your difficulty, for whatever reason, I recommend immediately seek the services of lawyers. Remember that the timely qualified legal assistance to save you from many problems.