The marital share of the inheritance by law after the death of the spouse. How is jointly acquired property inherited after the death of one of the spouses? What to do if your father disinherits

Explain the following situation. The father died, after which property remained in the form of: ½ part of the apartment and a car. There are two heirs: me and his wife. I want to register my due share. How will the inheritance be divided?

Answer: In the absence of a will, the inheritance is divided among the heirs according to the law. In this situation, between the son and the wife in equal shares. But you need to study the documents on the property, on what grounds it belonged to the deceased. If an apartment and a car were purchased during marriage, then the wife is entitled to a marital share (half), and the rest is divided by inheritance.

And if the testator acquired all the property before marriage, then half of the apartment and the transport are considered an inheritance.

Children's rights to their parents' inheritance

Children are the closest relatives of their parents. They are classified as the first line of heirs by law. But parents themselves often take care in advance that their property goes only to their children, which is why they draw up a will. Thus, a child can inherit the parent’s property, both by law and by will.

All children conceived during life and born after death can claim the property of a parent; children born in and out of wedlock; adopted children. None of these persons has an advantage over each other.

Establishing relationship between parent and child

The relationship between a deceased parent and their child is established through legal documents such as a birth or adoption certificate. Based on these documents, it can be determined that the testator and the heir are related to each other. In the event that one of them has changed their surname, then a certificate of marriage or change of surname is presented.

Due to the fact that errors are often made in documentation, it may happen that there is a data discrepancy (inaccuracies in the full name) in the heir’s birth certificate or other document. For this reason, family ties have to be established in court. The court decision will be the document that the heir must provide to the notary as confirmation of relationship with the testator.

What share is due after the death of one parent?

The calculation of the share of the inherited property that is due to the child depends on the scheme by which the inheritance is transferred (by law or by will).

The inheritance under a will goes to the heir indicated in this document. It may well be that the testator did not mention children in the will. Then they will not be entitled to anything. The exception is cases where children have not yet reached 18 years of age. Minor heirs have the right to an obligatory share of property, regardless of the contents of the will.

The inheritance according to the law passes to the successors of the first priority: children, parents and spouse. They all have equal rights in inheritance. Everyone gets the same share.

Inheritance after the death of a parent deprived of parental rights

An important question arises in cases where a parent has been deprived of rights in relation to a child. In accordance with Art. 71 of the RF IC, property rights, including the right to inheritance, after a person deprived of parental rights during his lifetime, are retained by his child.

A measure such as deprivation of rights is applied to the parent, but in no way should it infringe on the rights of the children. Children are unconditionally included in the first line of legal successors. Therefore, no problems arise when inheriting by law after the death of a dysfunctional parent.

Similarly, children after the death of a parent deprived of rights can inherit under a will, if one was drawn up in their favor.

Calculation of the share of children

The share of children in inheritance after one parent is calculated from the total amount of property owned by the testator. So, if an apartment, a summer house and a car were in his personal possession, then all these objects are hereditary property. If there is only one heir, then he will inherit the listed objects alone.

If there are two or three heirs, then the property will be distributed between them in equal shares (½ or 1/3, respectively).

Difficulties in inheriting the property of one parent may arise if the property belonged to him under the right of joint ownership with his spouse. Everything that was purchased with the common savings of legal spouses is their joint property. This means that the husband and wife initially each own half of such property.

If one of them dies first, then the heirs can only claim the half that belongs to the testator, since the other half is the property of the living spouse and is not included in the inheritance. For example, if a plot of land was purchased during marriage, then after the death of a parent, ½ of the share remains to the spouse, and ½ is divided among all heirs.

Deadlines for accepting parents' inheritance

The law establishes a period when children must contact a notary and apply for their acceptance of the inheritance. This is six months from the date of death of one of the parents. This procedure is provided for those persons who lived separately from the deceased.

If the children lived with the parent, then it is not necessary to adhere to the six-month period. It is considered that they have already actually accepted the inheritance if they continued to use the testator’s property, maintain it and pay the costs associated with its operation.

Is it necessary to enter into inheritance rights?

Receiving an inheritance is a personal matter for everyone. The legislator does not oblige the relatives of the deceased to take upon themselves all the burdens and concerns associated with the property of the deceased. After all, by accepting an inheritance, the successor is also responsible for all the property obligations of the testator. And these can be loans, mortgages and other debts.

Moreover, according to the law, creditors have the legal opportunity to claim debt from heirs. Therefore, before entering into the inheritance process, you need to think repeatedly about whether it is worth doing.

Expenses when registering a parent's inheritance

Registration of inherited property is a paid procedure. To obtain a certificate of inheritance from a notary, a state fee is paid. In accordance with the Tax Code of the Russian Federation, for children (including adopted children) it is 0.3% of the valuation of property, but not more than 100 thousand rubles.

It is impossible to say the exact amount of the duty, since it is unknown what list of property is transferred to the new owner. If this is real estate, then its cadastral value is taken to calculate the payment. If other property is inherited (transport, luxury goods, etc.), it is advisable to invite an independent appraiser to determine the value of the objects.

In addition to paying the fee, the heir pays for notary services: establishment of an inheritance case, assistance in drawing up applications and other documents, and technical work of a notary. The amount of services is determined by agreement, and in different regions of the Russian Federation it can vary greatly. For example, in Moscow it can cost from 5,000 to 10,000 rubles.

The domestic practice of transferring property by inheritance is not as wide as foreign experience. At the same time, this issue is of great importance in the lives of citizens. After the death of a person, the values ​​accumulated by him significantly improve the financial situation of the beneficiary. Most often, benefits are received in accordance with the legal order. Considering the average life expectancy of men and women, it is simply necessary for the latter to know the nuances of legal norms. So, who is the first priority heir after the death of the husband?

Regulatory regulation of the issue

The procedure for acquiring rights to human things is determined by Art. - , 148 Civil Code of the Russian Federation. They establish a sequence based on the degree of relationship. The primary beneficiaries are the spouses, parents and children of the deceased. If there are none, then the opportunity to claim property passes to the second group and so on.

First priority: Who is the main legal heir after the death of the husband?

Despite the fact that the specified circle of persons is limited and they are easy to identify, the applicant should still remember some nuances.

Spouses

This category includes a husband or wife who have registered their relationship in the prescribed manner. Particular attention must be paid to the fact that cohabitants do not receive value under the law.

Are all items subject to division between loved ones?

When highlighting things that a limited circle of people can claim, it is important to take into account the fact that only the personal property of the deceased, acquired by him during his relationship or before marriage, is subject to distribution. If the second partner is alive, then he receives half of all the benefits acquired through joint efforts. Thus, if a man dies, then his relatives acquire his personal assets, as well as part of the joint objects with his wife.

Parents

In this case, the validity of the relationship at the time the grounds arose does not play a role. That is, the parties can be either divorced or in a registered union. Adoptive parents have similar opportunities if their status in relation to an adult has not been canceled by the court.

Important! Guardians, trustees, adoptive parents are not recognized as heirs according to regulations. The situation is similar with the father and mother, who are deprived of their rights in relation to the baby.

Children

They get into the priority group. At the same time, they claim to receive benefits even when their legal connection with their parents was lost by court decision. At the same time, we are talking about obligations. Thus, the property of the deceased father or mother will in any case be transferred to the children as a matter of priority.

Biological children have the same opportunities as adopted children. If the relationship has not been established or the minor is not a relative of the testator, for example, children of the spouse from a previous marriage, then receiving the items becomes impossible. Eligibility depends solely on getting into the seventh line.

Sometimes the recipient of benefits needs to prove his origin (family connection). This can be done through a genetic examination appointed by the authority. It is worth noting that minors born after the death of a parent also become his heirs.

Direct inheritance

As already noted, the valuables go to the wife (husband) of the deceased, his children and parents. The division of assets is carried out by allocating parts of the deceased from the total mass of jointly acquired property. Distribution occurs depending on the number of applicants. If he is alone, then the citizen gets all the items in dispute. Otherwise, a division occurs.

Nuances of the procedure carried out without a will

According to the law, items in addition to close relatives are transferred to other persons. They are understood as citizens recognized as incompetent, dependents deprived of earnings and the opportunity to work for a year before the death of the owner of the property. They claim half the share. In order to declare themselves, dependents must provide strong evidence of their difficult financial situation to the notary's office. These include receipts, statements, receipts, checks and witness statements.

Important! Some household items used by partners in marriage (household appliances, furniture, dishes, appliances, tools, etc.) go to those who lived with the deceased. They have priority on the specified values.

As with the division of benefits between partners who decide to divorce, inheritance involves compensation for the participants in the process who received a smaller share. This happens due to the impossibility of allocating shares in any object. Therefore, the beneficiary who took possession of it after the death of his loved one must pay part of the cost to the other parties.

What is a will?

A will is a document that acquires legal force after the death of a person and is certified by a notary office. Compared to 2018, the new legislation provides for the possibility of concluding an inheritance agreement that meets similar requirements.

According to a document certified by a lawyer, parts of the assets or all of them are transferred to specific persons in a predetermined volume (shares). If the specified information is not in the text, then the mode of equal distribution of parts between relatives is applied.

The procedure can be carried out through the execution of a closed will. They become familiar with it only after the death of the will-maker. It is worth noting that this also applies to a notary.

Procedure for carrying out the procedure

Heirs have a chance to receive valuables not only according to the legal regime, but also according to a document drawn up by the owner. The procedure involves contacting a notary. To enter into an inheritance, the designated persons will have to write an application, go to a specialist, and accept the things.

Features of inheritance

The priority group implements the requirements in accordance with the standards specified in the Civil Code of the Russian Federation. So, within six months from the moment the grounds arise, they must formulate an application for acceptance of assets and submit it to a notary. If the appropriate actions were not taken by potential beneficiaries, then they are excluded from the list of heirs as having renounced their part. The share is redistributed among other relatives.

Sometimes an automatic refusal does not indicate intent on the part of the person. Often the consequence of such situations is ignorance that a close relative has died. If the court determines that the application was not received due to such reasons, then the specified deadlines are extended and the division procedure is revised.

Ignorance of what happened (the loss of her husband) is recognized as a valid reason. This can happen due to a long absence from the territory of the Russian Federation or a change of residence. This situation entails the need for a person to go to court. You must justify your position based on the rules for calculating the statute of limitations. The countdown begins not from the date of loss of a person, but from the moment when the obstacles to receiving an inheritance become irrelevant, for example, receiving relevant information from friends, coming to Russia.

How to make an application?

If the owner’s will was expressed in writing, and a notary certified its text in accordance with current regulations, then applicants must contact the office where the document was drawn up. The will-holder can choose any lawyer at his discretion. In case of legal inheritance, specialists are divided depending on the region of residence of the testator and the capital letter in his surname. Thus, finding a lawyer will not be difficult.

Entering into legal relations involves drawing up an application. The paper is attached to the case and contains:

• personal data of the deceased and degree of relationship with the author of the document;
• information about the applicant (full name, date of birth, place of birth);
• an indication of the queue where the person ends up (if the benefits are transferred according to the legal regime);
• date of;
• visa.

What documents will the applicant need?

To formalize an inheritance, the beneficiary needs to prepare a package of papers that will become the basis for transferring the property to them. The documents are presented to the notary. These include: passport; registration paper (a certificate will do); certificate confirming the death of the will-maker; confirmation of the connection between the applicant and the deceased at the family level (birth certificate, document confirming the registration of the union). Each paper must be accompanied by a copy. All property goes to citizens without restrictions or any reservations. The procedure ends with the registration of ownership of the objects, coinciding with the opening of the inheritance.

Important! Contrary to the will of the deceased, neither party can receive the property. An exception is the circumstances in which incapacitated citizens, minors or persons dependent on the deceased acquire half of the share that would be due to them according to the law.

Conclusion

Thus, issues of inheritance of assets owned by the deceased are resolved by law or in accordance with a will drawn up with the participation of a notary. Legal cases presuppose the order in which property is received. Family members are considered the main contenders. So, if a couple has no children and the father has died, then the wife or mother will acquire the items. Minors have a chance to receive the property of the deceased, even if they were not designated by the will-maker.

Despite the relationship between spouses in marriage, according to current Russian legislation they are the closest people. The relevant provisions of this law protect their rights not only during their life together, but also after divorce or the death of one of the spouses. In this article we will look at who receives property under the law of the Russian Federation after the death of the husband.

In this article

Inheritance, joint property

Property assets acquired by spouses during marriage, in accordance with current Russian legislation, are considered common.

According to the law, the common property of a husband and wife includes the following items:

• real estate/movable property purchased during official family residence (apartment, own house, vehicles, household equipment, furniture items, other items supported by an agreement);
• financial resources (scholarships, salaries, pensions, cash benefits, business profits);
• investments (bank deposits, securities, shares, shares in capital).

Both spouses have equal rights to the listed material assets. Each person legally owns 50% of the jointly acquired property.

But in addition to common property values, the law also provides for personal property (property purchased before the official marriage, inherited or gifted, received even during marriage). Such material assets belong to a specific owner and are not subject to division.

Inheritance

After the death (death) of the husband, the wife has full right to her own share of the common property, that is, 50%. The other half, which belongs to the spouse, is inherited.

Example:

• A married couple living in an official union bought an apartment. Accordingly, after the death of her husband, the wife legally claims half of the living space, since it was acquired in a legal marriage and is common real estate. The second half of the living space is inherited, that is, divided equally between the wife, children, and parents.

It is important to understand! Half of the apartment and personal material assets (even if they were shared with the spouse) belong by law to the wife and are not subject to inheritance.

Example:

• The husband and wife lived in a private house, which the wife inherited from her deceased parents. After the death of her husband, the children from his first marriage decided to declare their right to inherit part of this living space, mistakenly considering the house to be the common property of the spouses. In this particular situation, the property is not subject to inheritance, since their father, by law, was not its owner, even on a common basis with his wife.

It is important to note! The personal property of the deceased husband is divided among all relatives (wife, children, parents) in equal parts. Moreover, without prior allocation of 50% of this property to the spouse.

Example:

• Even before the marriage, the man privatized the apartment in which the couple subsequently lived. After his death, his wife wished to receive 50% of the property on the basis of co-ownership. But the law determined in this situation her right of inheritance on a common basis with all other relatives of her husband.

It is important to understand! Of the common property values ​​of the spouses, after the death of the husband, relatives have the right to inherit only 50% of such property in equal parts, the husband’s personal belongings are inherited in full on a general basis, the wife’s personal belongings are not subject to inheritance.

Legal division of property after the death of a husband

Since today in the Russian state the practice of drawing up a will is not quite common, and after the death (death) of a spouse there is no document of a similar form, property division is carried out in the order of priority established by current Russian legislation. Regardless of what kind of relationship the relatives had with the deceased, the law specifically defines the order of inheritance rights to the property values ​​of the deceased.

The order of inheritance is determined by the Civil Code of the Russian Federation and is divided into the following categories:

• First stage - children, husband/wife, parents;
• Stage II - brothers/sisters, grandchildren, grandparents;
• III turn - uncles/aunts;
• IV stage - great-grandchildren, great-grandfathers/great-grandmothers;
• V turn - cousins, grandparents;
• VI turn - cousins, uncles/aunts, nephews, great-grandchildren;
• VII turn - stepdaughters, stepfathers/stepmothers.

In addition, persons who have been fully supported by the testator for at least a year, but if they are not his blood relative, have the right to claim part of the property values ​​of the deceased. In court, this fact requires mandatory confirmation.

It is important to understand! The category of citizens of the second priority can apply for participation in the division of inherited property values ​​only in the absence of citizens of the first priority. This rule applies accordingly to subsequent categories of heirs.

Inheritance procedure

After the death of her husband, after a certain period, the wife begins to wonder about her husband, his personal material assets, the property he inherited, etc. This process is organized and carried out in accordance with the procedure established by law.

The wife, who is included in the list of heirs, must first write a corresponding statement to the notary.

This document must reflect the following information:

• date of death of husband;
• the cause of his death;
• the spouse’s decision to accept the inheritance left by the spouse;
• readiness for the process of property division if necessary (if the husband indicated other relatives in the will or such a document is missing).

Simultaneously with the application for inheritance of property values ​​passing from the late husband, it is necessary to prepare the following package of documents:

Important! When submitting an application with the listed documents, it is important to comply with the deadlines established by law - 6 months (it is after this period that the persons who are entitled to part of the property of the deceased officially take ownership rights).

If the period established by law for processing documents is violated, it will be quite difficult to enter into inheritance rights for further disposal of property values, especially if third parties apply for the right of inheritance.

After receiving the application with the attached package of documentation, the notary makes a separation of the legal half of the spouse from the common property. Issues the appropriate certificate of ownership. Next comes the division among all relatives of the remaining half of the property of the married couple (real estate, cars, household equipment, etc.).

Important! If various controversial issues arise among the legal heirs, they are resolved in accordance with the current legislation in court.

The nuances of dividing parents' property between children

The process of inheritance by children, especially when they are from different marriages, of the property values ​​of their parents is accompanied by some nuances.

It is important to understand the main point! The children of the heir, no matter from what marriage they were born, have equal rights to inheritance. Even children who are still in the womb have rights to inheritance (immediately after birth they are considered full heirs).

It is also worth considering the fact that adopted children, when dividing the inheritance, are equated to the first-priority category of heirs - blood relatives. At the same time, they no longer have the right to claim the property of their own biological parents. But there are still exceptions.

Example:

• If an officially adopted child maintains a relationship with his biological parent, then, according to a court decision, he has the right to count on a share of the property after the death of his own adoptive parents and biological relative.

For legitimate children, it does not matter whether they were born in a civil, legal marriage or even outside of a marital union - one rule applies to everyone. That is, even an illegitimate child, when establishing the fact of paternity, participates in the division of the property of the deceased biological father on equal rights with legitimate children.

Undeniable share of inheritance

As a rule, inherited property, in accordance with current legislation, is divided between the participants of the will in appropriate shares, without a gift, in the established order between categories of relatives. But there is also a category of persons who have inheritance rights to part of the inherited property in any situation, even regardless of the wishes of the testator.

These include:

• children (it doesn’t matter whether they are natural or adopted) of the deceased, who have not reached the age of majority, and who are unemployed;
• spouse, parents, adoptive parents who do not work and do not receive pension benefits;
• persons who have been fully supported by the testator for at least one year do not have a job.

It is important to understand! Property can be disposed of in the event of death only by performing certain legal actions. Obtaining the right to inheritance is a difficult procedure that requires certain legal knowledge of the provisions of the current legislation. Therefore, it is better to rely on a professional in this matter, that is, a notary who knows how to solve it legally.

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The Family Code of the Russian Federation (FC RF) establishes the death of a citizen or declaring him dead in the prescribed manner as grounds for termination of marriage. In this case, no additional registration of divorce is required; it is enough to have the necessary documents on hand and contact the authorized body with an application for extradition. spouse's death certificate.

Is a divorce necessary in the event of the death of a spouse?

Quite often among ordinary people you can hear the opinion about the need for additional registration of divorce when the second spouse has died. Family law does not provide a clear enough answer to this, so we will try to understand it.

Moment of death of spouse

As a rule, the termination of a marriage due to the death of one of the spouses determined by the moment of his death. This fact is determined by Federal Law No. 323-FZ of November 21, 2011 “On the fundamentals of protecting the health of citizens in the Russian Federation”, Government Resolution No. 950 of September 20, 2012 “ On approval of the rules for determining the moment of death of a person, including the criteria and procedure for establishing the death of a person, the Rules for terminating resuscitation measures and the form of the protocol for establishing the death of a person».

In particular, Art. 66 of Law No. 323 means moment of brain death(i.e. cessation of all its functions during the work of other organs) or biological death(in other words, irreversible death of a person).

This fact is stated medical worker, as a result of which they also issue a medical certificate of death of this person, which will be necessary for subsequent paperwork.

How is the termination of a marriage confirmed in the event of the death of a spouse?

Considering that no additional procedure is required to end a marriage due to the death of one of the spouses, it is important to note that the second spouse still needs to appear at the registry office to obtain a certificate about his death, and as a consequence of this, dissolution of marriage. The issuance of a death certificate is regulated by Art. 47 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), Ch. 8 of Federal Law No. 143-FZ of November 15, 1997 “ About acts of civil status" The following points need to be highlighted here:

1. The basis To register the fact of death, only a document issued by a medical organization is required - medical certificate(in addition to the court decision establishing this fact). It has the approved form No. 106/U-08 (Order of the Ministry of Health and Social Development of the Russian Federation No. 782n dated December 26, 2008 “ On approval and procedure for maintaining medical documentation certifying births and deaths"). The procedure for issuing this document is defined in detail in the Letter of the Ministry of Health and Social Development of the Russian Federation dated January 19, 2009 No. 14-6/10/2-178 “On the procedure for issuing and filling out birth and death certificates.” This is stated in Art. 64 of the Law.
2. In accordance with Art. 65 of the Law place of registration the death of the second spouse can be determined based on the last place of residence of his or her surviving spouse, the discovery of the body, the occurrence of death, and the location of a medical organization.
3. The application can be submitted either orally or in writing by a certain group of persons in three days from the moment of death or discovery of the body of the deceased.

Art. 66 of the Law among these subjects distinguishes the surviving spouse, other family members, and also, in certain cases, this may be a medical organization, an institution for social protection of the population, an institution executing punishment, a commander of a military unit, an inquiry agency.

It is important to note that in addition to the above documents, when contacting the registration authority, the applicant must submit passport of the deceased(if available). After this, the registrar makes a corresponding entry in the death certificate (requirement of Order of the Ministry of Justice of the Russian Federation No. 47 of March 28, 2014) and issues a corresponding certificate.

This certificate is also typed(Order of the Ministry of Justice of Russia No. 142 of June 25, 2014 “ On approval of forms of certificates of state registration of acts of civil status"), and it must necessarily contain the following information:

• about the deceased person (full name, date and place of birth, death, citizenship);
• date, place of drawing up and record number of the act;
• date of issue.

According to Art. 10 of the Law for carrying out any registration actions in the civil registry office provides for the payment of a state fee in accordance with the requirements of Chapter. 25.3 of the Tax Code of the Russian Federation (TC RF). Its dimensions are established by Art. 333.26 Tax Code of the Russian Federation. At the same time, the current legislation of the Russian Federation, in particular in Art. 333.39 of the Tax Code of the Russian Federation, it is established that when registering a death (including for issuing relevant certificates) individuals are exempt from paying this state duty.

Termination of marriage when a spouse is declared dead

The process of terminating a marriage with a person who was declared dead in the prescribed manner is practically no different from the previously considered situation, except with some exceptions:

1. According to Art. 45 of the Civil Code of the Russian Federation, a citizen is recognized as deceased only if there is no information about his stay at his place of residence within five years(in exceptional cases the period is reduced to two years or six months).
2. A person is declared dead only in court in accordance with the requirements of Ch. 30 of the Civil Procedure Code of the Russian Federation.
3. The day of death in this case is day of entry into force of the court decision(or it may indicate the estimated date of death of the person).
4. The basis for making an entry in the death certificate and issuing a certificate by the civil registry office is carried out in accordance with the specified court decision.

Questions from our readers and answers from a consultant

How much state duty will I need to pay to file a divorce from my deceased spouse?

Registration of a divorce, just like payment of state fees, is not required in your case. You just need to issue a death certificate based on the decision made.

My husband died in the hospital, do I have to contact the registry office?

Due to the fact that your spouse stayed in a hospital institution, where he died, the responsibility for transferring the relevant information to the registry office is assigned to this institution, however, you will still have to contact the registering authority to obtain a death certificate.