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The heirs of the first stage



Russian legislation provides 8 queues, each of which receives equal share inheritance.
Article 1142 says that the heirs of the first stage is the spouse of the deceased, his children and his parents. Grandchildren and grandchildren of the descendants take the inheritance by right of representation.

In the case of an unregistered marriage (cohabitation) "civil spouse" can only enter into an inheritance by will or as a dependent. Children come into the inheritance if their origin is related to the testator, and it is set according to family law. In cases of annulment of a marriage born children it will be the heirs of the first stage. Just a priority heirs include adoptive parents and adoptees (st.1147 claim 1 of the Civil Code).

Parents deprived of parental rights or evade parental responsibility - unworthy heirs (st.1117 Civil Code), and therefore do not fall in any of the queues, though the children themselves do not lose their right to priority inheritance.

The dependents of the testator citizens have at least one year before the death, in accordance with Art. 1148 also become the priority and equal in proportion with the rest.

Acceptance of the inheritance



Heritage adopted in full, it can not take part. The inheritance includes all property rights and duties.

Acceptance occurs after the filing of a written application of inheritance at the place of opening the inheritance. When sending statements by other persons, or send it by mail document must contain a signature certified by a notary public or a person who is authorized to certify documents (Art. 1125 Civil Code). Also on the notarized power of attorney property may be transferred to any member of the heir, legal representative receives a property without a warrant.

Six months - the time during which the heir may upon application to qualify for the inheritance. After the heirs can file a request at the sole discretion of the court, if the deadline was missed for valid reasons.

The court then determines the proportion of all legal heirs. In case of refusal of an inheritance successors must also submit a written notarized statement.

Upon receipt of the inheritance heirs pay a state fee, depending on the level of relationship with the testator, as well as the inherited property.

From state duties are exempt heirs: that at the time of death, resided together with the testator; the heirs of those who died in the performance of the public service carrying out public tasks, and so on; minors and incapacitated heirs, and are not subject to cash deposits in banks and royalties.
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