How to Accept an Inheritance in Russia: A Practical Guide from Karina Duval

What is inheritance?

An inheritance begins with the death of a citizen. Civil registry documents, primarily the death certificate, are one source of information about the opening of an inheritance and the basis for succession by law. Civil registry documents issued by the competent authorities of a foreign state must be properly legalized: for countries party to the 1961 Hague Convention, by affixing an apostille.

Foreign citizens accept inheritance in Russia in accordance with the general procedure. There are no exceptions or restrictions for citizens of any country. Documents issued, drawn up, or certified in accordance with foreign law in the established form by the competent authorities of foreign states are accepted by notaries in the Russian Federation if legalized.

Documents drawn up in a foreign language must be submitted to notaries in the Russian Federation with a duly certified translation into Russian.

Acceptance of inheritance

In the Russian Federation, inheritance relations are governed by the law in effect on the date of the opening of the inheritance. Acceptance of an inheritance is a right, not an obligation, of the heir, and therefore they have the right to refuse or reject the inheritance. The principle of universal succession and the unity of inherited property applies: an heir by law or by will is not entitled to accept only a portion of the inherited property due to them.

If an heir located abroad decides to accept an inheritance, this must be done within the time period established by the Civil Code of the Russian Federation.

An heir simultaneously called to inherit parts of the same estate, for example, by will and by law, or as a result of the opening of an inheritance by hereditary transmission, has the right to choose: to accept the inheritance due to him only on one of these grounds, on several of them, or on all grounds; and an heir entitled to a compulsory share in the inheritance, in addition, has the right to demand satisfaction of this right or to inherit equally with other heirs by law. Acceptance of an inheritance on one of the grounds within the specified period does not constitute a renunciation of the inheritance on other grounds. Acceptance of an inheritance conditionally or with reservations is not permitted.

Acceptance of an inheritance is accomplished by the heir submitting a corresponding application to a notary at the place where the inheritance was opened, or by actual acceptance of the inheritance. Submitting an application to a notary for a certificate of inheritance is also considered acceptance of the inheritance, even if no direct application for acceptance of the inheritance was submitted.

In cases where the heir applies to a notary not at the place where the inheritance is opened (for example, to a foreign notary or to a Russian consulate abroad), the notary/consul, in order to assist the heir in exercising his rights and legitimate interests, explains to the heir that:

1. The mere filing of an application does not constitute acceptance of the inheritance and does not entail any legal consequences until it is submitted to the notary at the place where the inheritance is opened.
2. An application for acceptance of an inheritance must be submitted (sent) to a notary within the time period established by law, since after the expiration of the specified period, the notary is obliged to issue a certificate of the right to inheritance to the heirs who have accepted the inheritance.
3. Sending/transferring the said applications to the wrong recipients or in an improper manner will result in missing the deadline for submitting applications to the notary at the place where the inheritance is opened.

Given these and other difficulties, Karina Duval's office in New York not only takes on the actual execution of the application for inheritance, but also organizes its submission to a competent notary in the Russian Federation.

When sending an application by mail, it is considered filed on time if it is submitted to the postal operator before the deadline, i.e., dated on or before the last day of the deadline. An application sent by mail on time is considered filed within the statutory deadline, even if it is received by the notary later. An envelope stamped by the post office indicating the date of mailing is attached to the probate file.

An application for acceptance of an inheritance may be submitted to a notary at the location where the inheritance is opened either on paper or as an electronic document, the equivalence of which to the paper document has been certified in accordance with the established procedure. In the latter case, documents are, at the applicant's request, transferred to the notary at the location where the inheritance is opened using information and telecommunications networks. An application received or submitted to a notary in electronic form is attached to the inheritance file as a paper copy of the electronic document, indicating the full file name and storage location of the electronic document.

An application for acceptance of an inheritance may also be submitted to a notary by the heir's representative under a power of attorney. In this case, the notary verifies the representative's authority to accept the inheritance on the heir's behalf, which must be specifically stated in the power of attorney. A power of attorney is not required for a legal representative to accept the inheritance. However, the notary verifies the applicant's status, namely, whether the applicant is the parent of a minor heir.

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Actions of a notary after receiving a certificate of inheritance

Upon receiving an application for acceptance of an inheritance, the notary enters information about the commencement of probate proceedings into the register of probate cases in the Unified Notary Information System no later than the next business day following the receipt of one of the documents certifying the opening of the inheritance. If it is discovered that two or more notaries have entered this information into the register for a probate case involving the property of the same testator, the notary who first entered the entry into the register of probate cases in the Unified Notary Information System is authorized to handle the probate case. If a notary initiates probate proceedings beyond their jurisdiction, the probate case is transferred to another notary, as appropriate.

No later than one business day following the opening of the probate case, the notary verifies in the Unified Information System (UIS) whether the testator has made a will and determines its contents. Access to the will's contents is granted to the notary who registered the probate case in the UIS. Information about the existence of a will is entered into the UIS beginning July 1, 2014. If a will was made before July 1, 2014, the heirs must submit a paper copy of the will to the notary or obtain a duplicate from the notary who certified it.

While maintaining the secrecy of the will, the notary establishes the contents of the will provided that the probate file contains information confirming the opening of the inheritance, including information from the state registry office. The rules governing wills apply to the inheritance agreement, unless otherwise required by the nature of the inheritance agreement.

At the request of the testator's creditors, the notary provides information on the existence or absence of an inheritance case, without specifying details of the heirs or the inherited property. The notary explains the testator's right to file a claim in court and the notary's obligation in this case to provide information upon the court's request. The notary notifies known heirs of the receipt of requests/claims from the testator's creditors.

Only one probate case may be opened for an inheritance in the Russian Federation, by a notary in the notarial district where the inheritance is opened. The heir who files the application first is the one who chooses the notary. This is especially important when such an heir resides outside the Russian Federation, as not all Russian notaries are equally happy to handle foreign documents, nor do they have the necessary experience. Although the law is uniform across the Russian Federation, its application can vary significantly, so don't be surprised if you are advised to contact the embassy. Treat this as a recommendation: no one has the right to require you to contact the embassy; you can process the documents for inheritance, in particular, in Karina Duval's office or in other offices providing legal services on a professional basis.

Requirements for documents submitted to a notary

The documents submitted by the applicant to the notary must comply with the requirements of the law:

1. If the specified documents are executed on paper, they must not contain erasures or additions, crossed-out words, or other unspecified corrections, and cannot be executed in pencil or with easily removable inks. The text of the document must be easily legible. The integrity of a document consisting of multiple sheets must be ensured by stapling or other means that eliminate doubt regarding its integrity. If any unspecified corrections or other deficiencies in the document are immaterial for the purposes for which the document is presented, the notary has the right to accept such a document for the performance of a notarial act.
2. Notaries accept electronic documents for performing notarial acts whose format complies with the requirements of the legislative acts of the Russian Federation.

Documents drawn up with the participation of competent authorities of a foreign state or originating from them are accepted by a notary public provided they are legalized. Such documents may be accepted by a notary public without legalization in cases where this is required by Russian Federation law and international treaties of the Russian Federation.

Probate proceedings

The place of opening of an inheritance is determined by the notary based on the testator's last place of residence. In an uncontested manner, the notary determines the citizen's last place of residence to be the residential premises where the citizen was registered as a resident. If the testator's last place of residence is unknown or is located abroad, the location of such inherited property is recognized as the place of opening of the inheritance in the Russian Federation. If such inherited property is located in different locations, the place of opening of the inheritance is the location of the most valuable portion of the property. The value of the property is determined based on its market value.

Proceedings in an inheritance case include obtaining and recording information necessary for issuing a certificate of inheritance; performance by a notary of a notarial act to take measures to protect the inherited property, issuing a ruling on the issuance of funds to cover the costs of a decent funeral for the testator; issuance of a certificate of ownership of a share in the common property of spouses; recording the fulfillment of other duties and powers, including establishing the content of a will, creating an inheritance fund, participating in the bankruptcy case of the testator, informing tax authorities about the issued certificate of inheritance, recording the presence of grounds in cases provided for by law for postponing or suspending the issuance of a certificate of inheritance; submission of documents for state registration of rights to real estate; formation and registration of the inheritance case.

Taking measures to protect inherited property

In the event of an application to a notary for measures to protect and manage inherited property, the notary, depending on the composition of the inheritance, exercises the following powers and duties:

• Makes inquiries about the availability of property belonging to the testator;
• Sends to the relevant notary or official an order for the protection and/or management of inherited property that is located outside the notarial district in which the inheritance case is opened;
• Makes an inventory of inherited property;
• Deposits the identified cash into his public deposit account;
• Transfers foreign currency money, jewelry, and securities identified during the inventory under a storage agreement to the bank;
• Transfers the property to the heir or another person at the notary’s discretion for safekeeping;
• Establishes a trust management;
• Performs other necessary actions.

Documents discovered during an inventory of inherited property are not considered inherited property and are not included in the inventory report. If the documents confirm facts and information necessary for issuing a certificate of inheritance, a certificate of ownership of the surviving spouse's share in the marital property, and so on, such documents are included in the inheritance file.

Ensuring notarial secrecy

To facilitate the exercise of citizens' constitutional right to inheritance, the notary may provide the inheritance case materials for review by heirs, as well as by persons whose property rights are affected (for example, legal heirs in the presence of a will), upon their written request and upon presentation of relevant documents confirming their interest. When reviewing the inheritance case by these persons, the notary takes measures to ensure the safety of the documents contained in the case.

Copies of documents stored in the probate file are not issued by the notary following their review of the file. The notary explains to interested parties their right to appeal to the court. Information on the probate file, including a copy of the file, is sent by the notary upon request of the court. Only in court, using the guarantees provided by Article 35 (Part 1) of the Civil Procedure Code of the Russian Federation, do parties to the case acquire the right to review the case materials, make extracts, and make copies in paper or electronic form.

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Certificate of right of inheritance

The heir's right to the testator's property is confirmed by a document called a Certificate of Inheritance. But this is the final chord in the inheritance case.

When issuing a certificate of inheritance, the notary identifies the heir named in the will with the person claiming the inheritance by comparing the name and other details of the heir indicated by the testator with the details of the applicant. If there are minor discrepancies in the spelling of names in civil registry documents, the notary has the right to independently establish the correspondence of names or use the opinions of expert philological, literary, and religious organizations on the correspondence of names to establish the basis for inheritance by law, for example, Maria – Marya, Natalia – Natalia, Fyodor – Fyodor, Semyon – Semyon, Valerievich – Valerievich, and so on.

The issuance of certificates certifying the applicant's rights is possible if the inheritance file contains all documents and information confirming the legal facts and legally significant information provided by law to certify these rights and powers.

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Peculiarities of inheritance acceptance

An inheritance may be accepted by heirs entitled to inheritance by will and/or by law. If there is an heir conceived during the testator's lifetime but not yet born, the issuance of a certificate of inheritance is suspended.

If there are various grounds for calling to inherit, the notary explains to the heir the possibility of accepting the inheritance on all grounds, several of them, or one chosen ground. Acceptance of an inheritance due to the heir on only one ground precludes the possibility of accepting an inheritance due to other grounds after the expiration of the acceptance period. An heir who submits an application for acceptance of an inheritance or an application for a certificate of inheritance without specifying the grounds for calling to inherit is deemed to have accepted the inheritance due to them on all grounds.

A person who submits an application for acceptance of an inheritance in an inheritance case before such person is called to inherit is deemed to have accepted the inheritance if such person is subsequently called to inherit. If an application for acceptance of an inheritance by a previous heir or a testamentary heir is present in the inheritance case, the application by such person for acceptance of the inheritance before such person is called to inherit is not considered when issuing a certificate of inheritance.

Heirs with legal capacity may accept an inheritance independently. On behalf of minors under 14 years of age, their parents accept the inheritance; on behalf of those declared legally incompetent by the court, their guardians accept the inheritance. Minors between the ages of 14 and 18 accept the inheritance with the consent of one of their parents. The acceptance of an inheritance by minors does not require the permission of guardianship and trusteeship authorities, as accepting the inheritance does not reduce the ward's assets.

Acceptance of the Inheritance

When deciding whether to recognize an heir as having actually accepted the inheritance, the notary is guided by the following rules:

1. The time limits for accepting an inheritance are determined in accordance with the general provisions of the Civil Code of the Russian Federation.
2. If there are no legal heirs of the preceding lines, the rules regarding special deadlines for accepting an inheritance for legal heirs of the second and subsequent lines do not apply. Such heirs accept the inheritance within the general six-month period established by law, provided there is no information about legal heirs of the preceding lines in the inheritance case file and this is expressly stated in the applications of legal heirs of the second and subsequent lines.
3. The applicant is warned of liability for concealing information about heirs of previous lines. Heirs by law of the second and subsequent lines, in the absence of heirs of previous lines, who apply to a notary with an application for acceptance of the inheritance after the six-month period has expired are considered to have missed the deadline for acceptance of the inheritance.
4. If the notary has information about the will executed by the testator and the failure of the heir under the will to accept the inheritance within six months from the date of opening of the inheritance, the heir for whom the right of inheritance arises only as a result of the failure of another heir to accept the inheritance may accept the inheritance within three months from the date of expiration of the said six-month period.

Hereditary transmission

If an heir is called to inherit by hereditary transmission, the notary explains to the heir that their acceptance of the inheritance by hereditary transmission does not also mean acceptance of the inheritance that belonged to the deceased heir and opened after their death. The heir's actions must be assessed separately for each specified inheritance. In such cases, separate applications for acceptance of the inheritance are submitted, and proceedings are opened for separate inheritance cases.

A notary will only recognize inheritance by hereditary transmission as indisputable if the probate file contains no information regarding the acceptance of the inheritance by an heir who died before the expiration of the established period for acceptance. For an heir entitled to inherit by hereditary transmission, the general rules governing the methods and timeframes for accepting and rejecting an inheritance, as well as the possibility of rejecting the inheritance in favor of others, apply. Such an heir may accept, reject, or reject the inheritance.

The death of an heir after the expiration of the period for accepting the inheritance and who has not accepted the inheritance does not entitle their heirs to inherit by way of hereditary transmission. Such an heir is considered to have not accepted the inheritance. In this case, their share of the inheritance passes either to the next-in-line heirs or to other heirs according to the rules governing the increase in inheritance shares.

The heir's right to a compulsory share of the inheritance does not pass to his heirs by way of hereditary transmission, since such a right belongs only to persons whose exhaustive list is specified by law. The heir's right to accept the inheritance by way of hereditary transmission is not included in his inherited property.

Beginning September 1, 2016, the right of inheritance by hereditary transmission will be determined by determining the time of death of individuals as a single day or a specific calendar date with a specific time of day. If individuals entitled to inherit from each other die on the same day and the time of their death cannot be determined, the right of hereditary transmission does not arise, and the heirs of each deceased individual are called to inherit.

If both persons died on the same day, with the time of their death indicated in civil registry documents or a court decision, the person who died later is recognized as the heir of the previously deceased testator. In this case, the right of inheritance by hereditary transmission arises for the heirs in the absence of evidence of actual acceptance of the inheritance by the person who died later.

When inheriting property by way of hereditary transmission by an heir and when the said heir inherits the property of a deceased heir, proceedings are opened on two independent inheritance cases, regardless of the coincidence of the place of opening of the inheritance of one and the other testator: at the place of opening of the inheritance of the first testator and at the place of opening of the inheritance of the deceased heir.

An heir who has accepted an inheritance by way of hereditary transmission is liable, within the limits of the value of this inherited property, for the debts of the testator to whom this property belonged, and is not liable with this property for the debts of the deceased heir from whom the right to accept the inheritance passed to him.

If an heir who has accepted an inheritance dies without receiving a certificate of inheritance, the inherited property they accepted is recognized as belonging to that heir and becomes part of the estate after their death. This situation arises, for example, when the inheritance case contains either a declaration of acceptance of the inheritance or evidence of actual acceptance of the inheritance by an heir who died after the opening of the inheritance. In this case, a separate inheritance case is opened for the property of the heir who accepted the inheritance but died without receiving a certificate of inheritance.

Refusal of inheritance. Non-acceptance of inheritance. Registration of inheritance in the event of a deliberate renunciation of inheritance.

An heir called to inheritance for any reason has the right to renounce the inheritance within the period established for acceptance of the inheritance, including after its acceptance. A renunciation of an inheritance may be made in favor of other persons from among the testamentary heirs or heirs by law of any order, regardless of their call to inheritance, who have not been disinherited, as well as in favor of those called to inheritance by right of representation or by hereditary transmission. This is called a directed renunciation. If a renunciation is made without specifying the persons in whose favor the heir is renounced, it is called a non-directed renunciation. A renunciation of an inheritance in the case of a minor, incapacitated citizen, or a citizen with limited legal capacity is permitted with the prior permission of the guardianship and trusteeship authority.

In the event that the heir in whose favor the renunciation was made does not accept it or refuses it and, in turn, refuses the inheritance due to him in favor of the third heir who accepted the inheritance, the share of the first renouncer passes to the remaining heirs called to inheritance by law or by will for the entire property, proportionate to their inheritance shares.

An heir's declaration of renunciation of the share of the inheritance due to him/her due to a waiver must be filed within six months of the date of the waiver made by another heir. If the heir in whose favor the waiver is made fails to apply to a notary to accept the share of the inheritance due to him/her due to the waiver made by another heir, or to the waiver of the share, such he/she will be deemed to have not accepted the share of the inheritance due to him/her due to the waiver made by the other heir.

Actions to renounce an inheritance must be completed by the heir within the time period established by law. If the heir fails to accept or renounce the inheritance within the aforementioned time period, the heir is considered renounced. If the inheritance file contains information indicating the heir's actual acceptance of the inheritance, for example, if the heir and the testator are registered at the same address, such heir has the right to refute the presumption of actual acceptance of the inheritance without going to court by submitting a corresponding statement to a notary. Such a statement may be submitted only by the heir themselves, not their legal successors. In the absence of such confirmation, the heir's share in the inheritance remains open, meaning it is considered to belong to the heir but not registered.

Peculiarities of registration of inheritance rights under a will

When a notary determines the contents of the testator's will, the notary notifies the testamentary heirs whose place of residence or employment has become known to the notary of the newly opened inheritance. If the will does not contain contact information for the testamentary heirs, the notary obtains this information from the legal heirs who have accepted the inheritance. If other heirs do not have contact information for the testamentary heir, the notary notifies such heir by posting the relevant information on the internet portal of the Federal Notary Chamber.

When issuing a certificate of inheritance under a will, the notary verifies the existence of a will by requesting relevant evidence. Such evidence may include:

• Wills drawn up in Russia;
• A will drawn up outside the Russian Federation;
• A document submitted at the request of a notary by a person competent to conduct inheritance cases in a foreign state, confirming that he has in his possession the original of an uncancelled and unamended will, with a certified copy of this will attached.
• A copy of the inheritance agreement;
• Duplicate of a will or inheritance agreement;
• A notarized copy of the protocol on the opening and announcement of a closed will;
• A testamentary disposition for funds in a bank or a certified copy thereof;
• A will made in extraordinary circumstances, accompanied by a corresponding court decision.

When issuing a certificate of inheritance under a will, the notary verifies that the will, in form and content, complies with the legal requirements in effect at the time the will was drawn up. If the will is executed in violation of legal requirements, the notary refuses to issue the certificate of inheritance. Such violations include, in particular:

• Making a will through a representative;
• Execution of a will by two or more citizens, with the exception of joint wills of spouses executed after June 1, 2019, and joint wills of spouses executed in accordance with the legislation of foreign states;
• Failure to comply with the form and rules for making a will or inheritance agreement;
• Certification of a will by an incompetent person;
• Other violations of the requirements of the Civil Code of the Russian Federation, entailing the invalidity of a will or inheritance agreement.

The notary also verifies the will for its validity and reliability at the time of the opening of the inheritance, including by requesting information, including information on subsequent wills; provided by a competent person of a foreign state in the manner of providing legal assistance.

A testamentary disposition in a bank, like a will, may be revoked by a revocation order.

When determining the validity of a joint will of spouses or an inheritance agreement involving spouses, the notary verifies whether the spouses were married on the date of the opening of the inheritance. If interested parties (heirs or the surviving spouse) intend to file a lawsuit to invalidate the marriage of the testators who made a joint will or participated in the inheritance agreement, or if such a lawsuit is pending in court, the issuance of a certificate of inheritance under the said will or agreement is postponed or suspended. An inheritance agreement may be revoked or amended by a subsequent will.

The notary interprets the will, taking into account the literal meaning of the words and expressions contained therein. If the literal meaning of any provision of the will is unclear, it is determined by comparing it with other provisions and the meaning of the will as a whole. When clarifying the literal meaning of words and expressions contained in the will, their generally accepted meaning is established. When interpreting legal terms, their meaning as defined by the legislator in the relevant legal acts is applied. The law does not grant the notary the right to use documents other than the will to ascertain the testator's true intent, such as the testator's letters, diaries, and so on. If the heirs disagree with the notary's interpretation of the will, recognition of their right to inheritance under such a will is accomplished through court proceedings.

If a will contains instructions from the testator that contradict the current law or limit the rights of other persons, then they are interpreted by the notary as not having been written, and this does not affect the recognition of other instructions from the testator.

If the testator did not specify the heirs' shares in the will, the inheritance is divided equally. If the testator disinherits one or more heirs, the others inherit in the general manner.

If the will specifies the family or marital relationship of the testator with the heir, and the heir could not present documents confirming this relationship, the notary does not have the right to issue a certificate of the right to inheritance under the will without verifying the degree of kinship or the presence of a registered marriage with the testator.

Calculation of the obligatory share in the inheritance

A compulsory share, in the context of inheritance law, is also known as a "statutory" or "forced share." Its purpose is to provide state protection to the testator's immediate family, spouse, children, and dependents living with the testator. The right to a compulsory share supersedes the will expressed in the testament and applies regardless of its contents. If a will was made before March 1, 2002, minor or disabled children of the testator, as well as the deceased's disabled spouse, parents, and dependents, inherit, regardless of the will's contents, at least two-thirds of the share that would have been due to each of them under statutory inheritance. If a will was made after March 1, 2002, then the testator's minor or disabled children, their disabled spouse and parents, and the testator's disabled dependents, regardless of the contents of the will, inherit at least half of the share that would have been due to each of them under inheritance by law. A disabled citizen who is the recipient of an annuity under a life annuity agreement with support concluded with the testator—the annuity payer—does not inherit by law as a dependent of the testator.

The shares of heirs under a will are determined by deducting the shares due to compulsory heirs. The shares of heirs under a will are reduced by deducting the compulsory shares proportionally to the shares due to heirs under the will. When issuing a certificate of inheritance by law for a compulsory share, the notary verifies the availability of documents confirming the heir's incapacity on the date of the opening of the inheritance and/or their dependency on the testator. If there is evidence of actual acceptance of the inheritance by the heir entitled to a compulsory share, and such heir has not stated otherwise, a certificate of inheritance by will is issued to the other heirs based on the calculated and satisfied compulsory share in the inheritance.

Photo from the personal archive of Karina Duval

Ensuring the rights of spouses when registering an inheritance

In the event of the death of one of the spouses, the surviving spouse has the right to submit to the notary handling the probate case an application for a certificate of ownership of half of the joint property acquired during the marriage, unless otherwise provided by a prenuptial agreement or a marital property division agreement. The size of the spouses' shares in the joint property, as well as the composition of the inheritance after the death of each spouse, may also be determined by a joint will or a probate agreement. In the absence of a prenuptial agreement, a marital property division agreement, a joint will, or a probate agreement, the spouses' shares in property acquired under onerous contracts during the marriage are recognized as equal. The notary is obligated to explain to the surviving spouse their right to receive a certificate of ownership of their share in the joint property. There is no legal time limit for issuing such a certificate, nor for the surviving spouse to apply to the notary for it. However, if an application is submitted to the probate case by an heir objecting to the spouse's right to a share in the property acquired during the marriage, the issuance of the certificate must be suspended until a court decision is made.

The said certificate is not issued to former spouses, but the judicial procedure for recognizing the right of ownership of a share in jointly acquired property is explained.

Given that property acquired by spouses during marriage is recognized as their joint property, the surviving spouse has the right to declare that they have no share in the property acquired during the marriage. In this case, all such property is included in the inheritance.

The exclusive right to the result of intellectual activity is not included in the common property of spouses, as well as premarital property received as a gift, by inheritance, or through other gratuitous transactions.

A certificate of ownership of a share in joint property is issued upon receipt by the notary of information confirming the registered marriage on the date of property acquisition and the date of inheritance. This certificate is issued to the surviving spouse with notification of the heirs who have accepted the inheritance. Since the law does not specify a time limit for notifying the heirs, they may be notified before, simultaneously with, or after the issuance of the certificate of ownership, depending on the specific situation of the inheritance case. The consent of the heirs is not required for the issuance of the certificate to the surviving spouse.

In the event of the death of both spouses, in the absence of a prenuptial agreement concluded by the spouses during their lifetime, an agreement on the division of jointly acquired property, a joint will, or an inheritance agreement, in the absence of a dispute between the heirs who have accepted the inheritance after each spouse and after the expiration of the period for accepting the inheritance, such heirs have the right to enter into an agreement determining the composition of the inheritance after each deceased spouse in the property acquired in the name of the other spouse. If the heirs object to the right of the respective spouse to a share in the property acquired in the name of the other spouse, or object to the size of the share in the joint property, the composition of the inheritance is determined by court order.

Issuance of a certificate of inheritance rights

A certificate of right of inheritance is issued to heirs who have accepted the inheritance and is a document confirming the right to the inheritance specified therein, which includes the following belonging to the testator on the day the inheritance is opened:

• Items, including cash and documentary securities, other property, including non-cash funds, uncertificated securities;
• Property rights and obligations, including exclusive rights to the results of intellectual activity; rights to receive monetary sums awarded to the testator, but not received by him);
• Other property, the inheritance of which is permitted by law.

At the request of the heir who has accepted the inheritance, the notary at the place where the inheritance was opened issues a certificate of the right to inheritance at any time after six months from the date of opening of the inheritance.

When issuing a certificate of inheritance rights complicated by a foreign element, the provisions of the Civil Code of the Russian Federation apply. However, other solutions are possible, taking into account the provisions of international treaties.

If a court decision has been made that determines the shares of heirs in specific inherited property, the issuance of a certificate of right of inheritance for the relevant property by a notary is not required.

A certificate of inheritance is issued to heirs at any time after six months from the date of opening of the inheritance. However, a certificate of inheritance may be issued before six months from the date of opening of the inheritance if there is reliable information indicating the absence of other heirs. However, legislation does not define the criteria for determining whether information is reliable, so the notary makes this assessment based on the specific circumstances. This is the notary's right, but not their obligation.

To issue a certificate of inheritance, the notary requests the heirs to provide the relevant evidence. The scope of information required for this notarial act and the procedure for recording it are established by notarial rules. The heirs indicate the property included in the inheritance in their applications for acceptance of the inheritance or for the issuance of a certificate of inheritance. Using documents recognized as sources of information, the notary verifies the composition and location of the inherited property.

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Heirs who have received a certificate of inheritance for a portion of the inherited property may subsequently be issued certificates of inheritance for another portion of the inherited property. If, after the issuance of a certificate of inheritance, property for which such a certificate was not issued is discovered, an additional certificate of inheritance is issued. There is no legal time limit for obtaining this certificate.

After issuing a certificate of right of inheritance, the notary is obliged to:

1. Immediately submit an application for state registration of rights and the documents attached to it to the registration authority.
2. Notify the tax authorities of the issuance of certificates of inheritance rights in relation to the inherited real estate and the inherited vehicle.
3. Perform other duties provided by law.

Missing the deadline for entering into inheritance

When an application for acceptance of an inheritance is received in an inheritance case after the established deadline has expired, in the absence of information confirming the actual acceptance of the inheritance by the applicant, the notary explains to the applicant the judicial procedure for restoring the missed deadline and recognizing the applicant as an heir who has accepted the inheritance.

Upon receipt of an application for a certificate of inheritance from an heir who has accepted the inheritance on time, or if there is an application for acceptance of the inheritance submitted after the deadline, the notary advises the heir who accepted the inheritance on time of the possibility of consenting to the acceptance of the inheritance by the applicant who missed the deadline. If such consent is refused and the heir who missed the deadline intends to appeal to the court, the notary postpones the issuance of the certificate of inheritance for 10 days, during which time the heir who missed the deadline may appeal to the court. In this case, the issuance of the certificate of inheritance is suspended until the court resolves the case. Otherwise, the notary issues the certificate of inheritance to the heir who accepted the inheritance on time.

When issuing a court decision to reinstate the deadline for accepting an inheritance and recognizing an heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property, invalidates previously issued certificates of inheritance, and takes measures to protect the rights of the new heir. However, it is important to remember that reinstating the deadline for accepting an inheritance is a complex procedure. The heir's residence abroad, immigration status, marital status, or inability to travel to the place where the inheritance is opened are not compelling reasons for reinstating the deadline. This court position is based on the fact that representation is permitted in inheritance, and therefore, a person unable to travel to the place where the inheritance is opened is not deprived of the right to protect their rights through a representative. Incidentally, it is precisely in inheritance matters that [the court] specializes. Karina Duval's office in New YorkOur clients don't miss the deadline to claim an inheritance and receive the inherited property and rights to it without leaving their families, work, or the United States.

To receive an individual paid consultation with Karina Duval, send a request by e-mail: [email protected].

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