How to Accept an Inheritance from the USA in Russia: Advice from a Notary

At the very beginning of the year, I decided to write an article about the methods of accepting an inheritance, since this issue gives rise to many misunderstandings and misconceptions. It is one thing when the heir lives in the same jurisdiction (in our case, in Russia) where the inheritance was opened, when he can come personally to the notary and ask him about everything, when there are thousands of lawyers in the city and each is ready to provide comprehensive information on any aspect of the current legislation. And it is quite another thing when the heir is in another country, somewhere far across the ocean, and not only the distance separates him from Russia.

Photo from the personal archive of Karina Duval

What to do if an inheritance has opened and you are the heir

Rule one: To receive an inheritance, the heir must accept it (Article 1152, Part 1 of the Civil Code of the Russian Federation).

Rule two: To accept an inheritance, the heir must submit an application to a notary at the place where the inheritance was opened (there are exceptions to this rule, but more on that later).

If the heir's application is submitted to the notary by another person or sent by mail, the heir's signature on the application must be certified by the notary (Article 1153, Part 1 of the Civil Code of the Russian Federation). Refer to the original source, and you will see that the law does not contain any reservations for foreigners or for Russians living abroad. Everyone is equal before the law, and if someone demands more from you, for example, that your application be certified by the consulate, then such a requirement is not legitimate, but it should make you think whether there is really something wrong with your document or whether this is just a whim of the person reviewing it.

What does the law say about the procedure for processing documents abroad?

In accordance with Article 408 of the Civil Procedure Code of the Russian Federation, documents issued, drawn up or certified in accordance with foreign law are accepted in the Russian Federation if they are legalized, unless otherwise provided by an international treaty of the Russian Federation or federal law.

In turn, Article 2 of the international treaty, namely the Hague Convention Abolishing the Requirements for Legalization of Foreign Official Documents, clearly and unambiguously states that each of the contracting states (including Russia and the United States) is exempt from legalization of documents covered by this convention. Legalization means only a formal procedure certifying the authenticity of the signature; the capacity in which the person who signed the document acted; sometimes the authenticity of the seal or stamp.

On the subject: Why an expert in Russian law is so necessary in the USA: the story of Karina Duval

Further, the same Article 408 of the Civil Procedure Code of the Russian Federation states that documents drawn up in a foreign language must be executed with a properly certified translation into Russian. The question arises: what is meant by “proper translation into Russian” and who has the right to certify it?

For government agencies of the Russian Federation, the only proper translation is a translation certified by a notary in the territory of the Russian Federation or a consular authority. From a legal point of view, these positions are equivalent, according to the Vienna Convention on Consular Relations of April 24, 1963. Article 5 of this convention establishes 13 consular functions. We will only talk about those that concern the notary profession. Clause F of Article 5 states that consulates perform the duties of a notary, a civil registry office registrar, and also some administrative functions. Please note that the consulate performs the functions of a notary, and not the notary performs the functions of a consul. A notary in the territory of the Russian Federation is primary. And everything that a notary does in the territory of the Russian Federation, a Russian consul abroad has the right to perform. This means that no one has the right to demand that you issue a document without alternative only at the consulate. The consulate is one option and, fortunately, not the only one.

So, returning to the question of entering into an inheritance, we come to the conclusion: an application for entering into an inheritance can be submitted remotely; the signature on it must be certified by a notary. In this case, notary certification is understood to mean a notary in Russia, and a consular officer at the Russian consulate, and a notary in the USA, whose signature must be legalized by affixing an apostille.

The nuances of accepting an inheritance

However, filing an application to accept an inheritance is only half the battle. By filing it in a timely manner, you will reserve a period for yourself, but will not formalize the inheritance until you either come to the Russian Federation yourself or send your representative. Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance.

So, we move on to the main thing: what to do if the heir has not filed an application for inheritance within the time period established by law? Can he be considered to have actually accepted the inheritance? And if so, in what cases?

It is recognized (until proven otherwise) that the heir has accepted the inheritance if he has performed actions that indicate the actual acceptance of the inheritance, in particular:

• took possession or control of inherited property;
• took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
• made at his own expense expenses for the maintenance of the inherited property;
• paid the testator's debts at his own expense or received funds due to the testator from third parties.

Many people mistakenly consider it an axiom that the fact of registration at the same address as the testator is an ironclad basis for recognizing the heir as having accepted the inheritance. For many years, I have been trying to explain to my listeners and readers that there is nothing ironclad in jurisprudence, and everything, absolutely everything, can be challenged if you know how. And believe me, there are always interested parties who want to cast doubt on the fact that the heir has accepted the inheritance.

But in 2024, the Constitutional Court of the Russian Federation put a bold period on this issue. I am referring to the Resolution of the Constitutional Court of the Russian Federation No. 25-P of May 27, 2024 “On the case of verifying the constitutionality of paragraph 1 of Article 1152 and paragraph 2 of Article 1153 of the Civil Code of the Russian Federation in connection with the complaint of citizen D.V. Prostyakov”. According to the applicant, the provisions of Articles 1152 and 1163 of the Civil Code of the Russian Federation contradict the Constitution, since they do not allow registration at the place of residence in the residential premises that belonged to the testator at the time of his death to be considered as actions for the actual acceptance of inheritance.

Karina Duval. Photos from the personal archive

The Constitutional Court was asked the question: is registration at the place of residence proof of actual acceptance of inheritance?

Article 1153 of the Civil Code of the Russian Federation establishes a fairly wide list of types of actions indicating the actual acceptance of an inheritance. These are actions to manage, dispose of and use the inherited property, maintain it in proper condition, which demonstrate the heir's attitude to the inheritance as to his own property. Such actions may include, in particular: the heir moving into the residential premises belonging to the testator or living in it on the day of opening of the inheritance (including without registration), the cultivation of the land plot by the heir, filing a claim with the court to protect his inheritance rights, filing a request to conduct an inventory of the testator's property, paying for utilities, insurance payments, reimbursing expenses at the expense of the inherited property, and other actions related to the ownership, use and disposal of the inherited property. Moreover, such actions may be performed both by the heir himself and by other persons on his behalf. The specified actions must be performed within a six-month period for accepting the inheritance.

In order to confirm the actual acceptance of the inheritance, the heir may present any factual data indicating cohabitation with the testator, receipts for payment of taxes, payment for housing, a bank statement and other documents. If the heir is unable to provide documents containing information about the circumstances to which he refers as justification for his claims, the court may establish the fact of acceptance of the inheritance, and if there is a dispute, the relevant claims are considered in the order of claim proceedings.

It follows from the applicant's complaint in the above-mentioned case that he considered the presence of registration at the place of residence in the disputed residential premises as confirmation of the emergence of his right to inheritance. However, courts of all levels have repeatedly expressed the legal position that the mere fact of registration or lack thereof does not give rise to any rights and obligations for a citizen, and cannot serve as a basis for restricting or a condition for the exercise of rights. Registration of citizens at the place of residence or stay is a method of their registration, which is of a notification nature. Registration authorities are authorized only to certify the act of free expression of will of a citizen when choosing his place of stay and residence, therefore registration cannot be of a permissive nature.

Thus, the fact that the heir is registered at the same address as the testator does not replace the above-mentioned methods of accepting the inheritance.

You may be interested in: top New York news, stories of our immigrants and helpful tips about life in the Big Apple - read it all on ForumDaily New York

Conclusion: If you live abroad, you must file an application for inheritance in any case, regardless of whether you have a residence registration in Russia or not. The six-month period established by law for inheritance cannot be missed (even if you are registered in the apartment, even if your passport has expired, even if there are many "ifs").

And most importantly: you can formalize your inheritance rights without going anywhere and without having all the necessary documents. Our office in New York will take care of everything and will professionally guide you through the labyrinth of inheritance law. We handle inheritance cases in Russia and Ukraine. E-mail: [email protected].

Read also on ForumDaily:

How to obtain certificates and references from the archives of the Civil Registry Office in your home country while in the USA

You may have citizenship in a country you've never lived in: what problems does this create and how to solve them

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

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

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.