How to Accept or Refuse an Inheritance While Abroad: A Notary's Explanation

When an inheritance opens after a person's death, the heirs must enter into their rights to it or renounce them within 6 months from the date of the testator's death.

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Even if the heir has accepted the inheritance, the law gives him the opportunity to change his mind and refuse the inheritance before the expiration of six months. The reasons may be very different, the reasons for refusal have no legal significance – it is necessary that the decision be made freely and of good will.

There are exceptions – cases when it is impossible to refuse an inheritance. It is impossible to refuse a mandatory share in an inheritance and it is impossible to refuse a share due to a minor. More precisely, it is technically possible to refuse, but only on condition of receiving permission from the guardianship and trusteeship authority, which, in turn, will set counter conditions. As a rule, it requires acquiring or providing the minor with property equivalent to that which would be due to him upon inheritance. Such a requirement essentially means the actual impossibility of refusing an inheritance due to a minor.

The heir has the right to renounce the inheritance in favor of other heirs or without specifying any. In case of renunciation of the inheritance in favor of another heir, the entire share due to the first heir will be transferred to the person in whose favor the renunciation is made. In case of an irrevocable renunciation, the share due to the heir who wishes to renounce the inheritance is subject to equal distribution among the other heirs.

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If the heir renounces in favor of a specific person, it is necessary to indicate this person in the application. A directed renunciation, i.e. a renunciation in favor of other persons, is possible only in favor of other heirs by law or by will. It is also possible to renounce an inheritance in favor of those who inherit the property by right of representation or by way of hereditary transmission.

In case of inheritance by right of representation, the share of the heir by law who died before the opening of the inheritance or simultaneously with the testator passes by right of representation to his respective descendants and is divided equally between them.

In the case of inheritance by way of hereditary transmission, if the heir called to inherit by will or by law dies after the opening of the inheritance without having time to accept it within the established period, the right to accept the inheritance due to him passes to his heirs by law, and if all the inherited property was bequeathed, to his heirs by will.

You can refuse an inheritance both by will and by law. Refusal of an inheritance is irreversible, you cannot cancel your decision later.

To renounce an inheritance, you must contact a notary with a corresponding application within the period established for accepting the inheritance. It is not enough to simply indicate in the application that you are renounce the inheritance. It must reflect all the legal consequences of the renunciation, as well as the fact that these consequences are explained and understood by the applicant.

If the heir is in Russia, then the application for renunciation of inheritance can be filed in two ways:

• contact the notary who is handling the inheritance case;
• contact any notary (for example, if the heir is in another city, he does not need to come to the place where the inheritance is opened in order to renounce it. It is enough to formalize such a renunciation with any notary within the Russian Federation, and then send it to the place where the inheritance is opened. This can be done by mail, through a representative, or one notary will forward the application to another notary through the equivalence procedure. Certification of the equivalence of an electronic document to a paper document means confirmation of the identity of the content of the electronic document prepared by the notary to the content of the document presented to the notary on paper.

However, most наших clients are outside the Russian Federation. What should they do? Contrary to the common misconception that when abroad documents must be processed only at the consulate, in fact, they can be processed abroad not only at diplomatic missions.

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A renunciation of inheritance can be formalized by a notary with an apostille, and if this statement is written legally correctly (with an explanation of the necessary provisions of the law and the ensuing consequences), the document will have full legal force in Russia.

It is important to remember that you cannot refuse part of the inheritance. In the case where the heir wants to accept one part of the inheritance and refuse the other, it is not a waiver of the inheritance that is executed, but an agreement with the other heirs. This agreement specifies which property will be transferred to whose ownership. For example, after the death of a father, his two children are left with an apartment and a computer. One of the children says: "I don't need an apartment, I don't need money, but I want to get my father's computer." In this case, they both go to a notary and declare acceptance of the inheritance, after which they enter into a notarial agreement, which will indicate that one heir will own the apartment, and the other - the computer. And this will not be considered a waiver.

In addition, it is not allowed to refuse an inheritance under a condition or with reservations. It is impossible to accept the property and refuse the debts of the testator. However, the heir will not have to pay debts exceeding the value of the property: he will be responsible for the debts of the testator only within the limits of the property due to him.

Our office in Brooklyn provides all types of services related to inheritance abroad. You can contact us for:

• inheritance;
• renunciation of inheritance;
• division of inherited property;
• restoration of the period for entering into inheritance;
• establishing the legal fact of inheritance;
• recognition of ownership rights by inheritance.

In addition, through Our New York office you can send ashes to your home country or, conversely, bring ashes from your home country. We will prepare all the necessary documents, obtain the necessary documents from government agencies in any country, in particular a death certificate and documents confirming kinship (birth certificates, marriage certificates, divorce certificates, court decisions on name change) and accompany any process from A to Z, or from A to Z. Contact us! Inheritance is our profile.

Read also on ForumDaily:

How to transport a relative's ashes to the USA or homeland: legal nuances

How to sell housing and re-register real estate in your home country while in the USA

Wills, inheritance and taxes: how to solve these problems if you live abroad

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