Heirs on the right of presentation. The procedure for entering into inheritance on the right of submission, the order of heirs on the right of presentation 3 queues inherit

The laws of the inheritance are fairly clearly regulated by the laws of the Russian Federation. Such precedents arise quite a sufficiently large amount, therefore each particular case is more or less described in the laws. In general, the inheritance process is not always initiated, but only in certain situations. For example, if the testator did not make a testament before his death, not the entire list of property was listed in the testament, there was or was there.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical moments. To solve exactly your problem, you will receive legal advice on housing on hot lines:

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It is assumed that if the testament was not preliminarily drawn up, the testator was agreed with the procedure established by his law and did not express her desire to change it by writing. The order of inheritance according to the law is based on related links between the testator and potential heirs.

If there are any disagreements, usually resort to concerning the inheritance procedure. Usually in judicial practice, the most common situations associated with legitimate inheritance are most common.

Priority inheritance

After the entry into force of the third part of the Civil Code, in fact, a person appears an unlimited range of possible inheritors. Beginning from the first and up to the eighth queue - Extraldar relatives of the testator. The heirs of the following queues can inherit only when there are no heirs of higher order.

The right of submission

In the processes associated with inheritance, it is often inherited by the right of submission. The right to represent the inheritancethis is the so-called opportunity to inherit the share of the heir to his descendants. Inheritance on the right of submission is governed by law, namely , . The legislation also describes possible exceptions when the heirs do not have any rights inheritance by the right of submission.

Performance heirs Do not have the right to inheritance, subject to excretion from the inheritance of your ancestor or his death.

Heirs of the first stage

IN First of all The inheritance receivers are the heirs of the first order, that is, the closest relatives of the testator. Sometimes there are situations when someone from the priority heirs dies. Then the rights of inheritance go to descendants, according to the right of submission. For example, a father and daughter can simultaneously die in the car accident. The daughter will be the priority heiress of his father. Since the daughter dies along with his father, the right to receive the share of the father's legacy proceeds to her children, that is, the grandchildren of the deceased father. In this example, it is shown that grandchildren represent the interests of their mother before the law. Hence the name - inheritance by the right of presentation.

If we are talking about the heirs on the presentation (namely - the grandchildren and granddaughters of the deceased), they should be filed with them list of securities To confirm the rights to receive inheritance:

• testimony of the death of the testator;
• certificate of the birth of the heir first turn (who died) and his death;
• certificate of birth of the heir to the right of submission.

The distribution of the percentage of inherited property between the heirs of the first level is regulated by law, namely: the married half of the inheritance is allocated and the spouse is transferred, and the second half, that is, the share of the deceased spouse is already distributed between the heirs of the first order equal. As for the heirs on the right of submission, their inheritance rights are equal to each other.

However, it is important to understand that the heirs according to the presentation may apply only to the share that was due to the legal heir.

Heirs of the second stage

If the deceased person did not have any close relatives who could be attributed to the relatives of the first stage, then relatives are included in the process of distribution of inheritance second stageNamely: nephews and nieces, brothers and sisters, grandparents. For second-order heirs is also valid the right of submission. So if any of the second-term heirs dies, then the right of inheritance automatically inherit his children. For example, if a brother or sister dies, then the right of inheritance passes to his children (which for the deceased are nephews).

The right to receive an inheritance for nephews should be supported by the following evidence:

• on the birth of uncle or aunt;
• on the death of uncle or aunt;
• on the birth of the father or mother, who rightfully had to become heirs;
• about your birth.

According to the laws of the Russian Federation, between the heirs of the second stage, the inheritance is distributed equally. Also, the heirs rightly have the right to the same proportion of inheritance. However, their common share is the proportion of the deceased heir.

The heirs of the third stage

About the third order of inheritance usually remember when the testator failed to find closer relatives. In fact, it is quite rare. However, legal practice faces with such cases. Relatives of the third stage can make their rights to inheritance only if there was no higher order relatives. It is worth noting one important moment, namely, the descendants of the heirs of the third stage still retains the right to obtain an inheritance on the right of submission. In the event of the death of the heirs of the third stage, the rights to the inheritance passes to the cousins \u200b\u200band sisters of the testator.

At the same time, they need to collect the following Package of documents:

• certificate of death and birth of cousin or sister (testator);
• certificate of the birth of the parent of the testator;
• certificate of the birth and death of his parent;
• his birth certificate.

In case the heir or heir to the presentation right, changed the surname, it should also be confirmed documented.

In addition to this mandatory package of documents, potential heirs must present their own:

• passports;
• documents for the property of inherited property;
• create an application in appropriate form.

Just as in the second stage, the inheritance shall be divided between the heirs of the third order. The rights of heirs on the right of presentation are equal to each other. Nevertheless, their total share is only the proportion of the deceased heir.

Heirs of subsequent queues

Relatives of each subsequent queue of inheritance arise in the absence of relatives of the previous order.

The degree of kinship in each specific situation should be supported by the relevant documents confirming the relationship. As in the previously considered cases, the inheritance is distributed equally between the inheritors of one queue. The right of submission does not apply On the fourth and subsequent relatives.

Conclusion

• The inheritance process usually does not cause major difficulties and serious proceedings.
• Many people recently take care of their real estate and other property, and its subsequent transfer to relatives. That is why the preliminary preparation of the will is becoming increasingly popular, which is then wedgered by the notary. If the testament was drawn up and certified, then the order of inheritance is regulated by it. If there is no testament or it is invalid, it is assumed that the testator wants the inheritance to be distributed in accordance with the procedure that is listed in the laws.
• Until 2001 One legislation that regulates the inheritance processes, including the inheritance processes by the right of submission. After 2001. Significant additional edits were introduced into the legislative base. The main editing was to expand the list of potential heirs. First of all - These are the closest people of the deceased. Next, the degree of kinship in relation to the deceased decreases with each subsequent queue and on eighth queue It comes to the farthest relatives.
• If the inheritant is dying before the announcement of the inheritance, the right to the inheritance is inherited by his children. This right is called the right of submission. Only relatives of the first three degrees of kinship can enjoy the right to submit. If the deceased relative belonged to the subsequent degree of kinship, then his descendants cannot make the right to inheritance, believed to the inheritant.
• Heirs on the right of submission among themselves have the same rights to inheritance. However, they can only claim that share that was relying by their deceased ancestor, which was the heir to right.

Inheritance on the right of submission and hereditary transmission are quite similar legal concepts. At the same time, they have a number of significant differences, which determine the further actions of the heir in the design of inherited property.

From this publication, you will learn that it is implied by both of these concepts who have the right to apply for the right of submission and in the case of transmission, as well as be able to familiarize themselves with the specificity of inheritance under these conditions.

Inheritance on the right

Article 1146 of the Civil Code of the Russian Federation defines inheritance in the order of submission as a special procedure for inheritance under the law. A similar order arises if a legal fact occurs, namely the successor to the law dies before the opening of the inheritance happened.

It means that the heir to the law dies earlier than his testator, and, in this case, the right to claim the relative of the deceased in accordance with the queue.

Using the term "heir to the right of presentation", lawyers imply that the relative of the heir, who is not alive on the opening date of the will, as it would represent his interests, namely, accepts (or does not accept) inherited property and subsequently enters into the right to hold it.

Queue when making an inheritance

The peculiarity of the procedure in accordance with the procedure is that relatives who under normal conditions are not included in the legitimate hereditary queue - in an exceptional situation can be heirs. Such an opportunity appears if at the time of opening the inheritance of the successor under the law is not alive.

Which of the relatives of the deceased heir has the right to property, depends on who he was the heir and to what kind of kinship he belonged to the testator. The principle of transmitting the right of presentation looks like this:

1. Share of relatives 1st degree of kinship (Spouse, spouse, parents, children) get the grandchildren of the testator.
2. Part of heirs 2nd line (Brothers, sisters) are given to nephews or niece.
3. 3rd queue (Uncle, Aunt) When the end of the presentation corresponds to cousins \u200b\u200band sisters of the deceased.

It is important to know that not only grandchildren can act the heirs, but the great-grandmother of the testator (in the case of the 1st line), as well as the grandchildren's nephews (in the case of the 2nd line) and second-line nephews (in the case of the 3rd queue). At the same time, the share of ownership, which is due to each of them, remains unchanged and distributed in accordance with the queue.

In the fact that the inheritance is subject to the right of submission, we will help to understand a simple example. Suppose herself is a grandfather a, who has a son in and granddaughter D. Son here is the successor of the first stage, granddaughter - the second. More heirs u but not. Son in dying 12.11.2014, inheritant and dies on 09/01/2015. Opening day of inheritance - 09/02/2015. At that moment, the direct heir (son B) is no longer alive, therefore, the principle of submission right is entered into force. The share of the son receives granddaughter D. Since the son in belonged to the heirs of the first stage, the granddaughter has the right to claim all the material values \u200b\u200bof the deceased entirely.

The mechanism of adoption and entry into the inheritance

The procedure for making an inheritance by the right of submission is generally in a general manner, that is, 6-month period from the death of the testator is applied. If you are an heir, then during this time you need to declare your desire to accept property. To do this, you need to go to the notary with the following documents:

• passport and birth certificate;
• a document confirming the death of the testator (certificate);
• certificate of the birth and death of his parent, who had to enter into the rights to possessions by law.

To the documents you need to make an appropriate application and contact them to notarize. Based on documents, the notary establishes your right to the presentation. After making information into the hereditary case and issuing a certificate of inheritance, you are considered a legitimate heir and have the right to derive ownership of hereditary possessions.

Despite the wording, the heir does not represent the interests of his deceased relative. Any intermediate documents for the adoption of ownership of the heir, who died, is not issued. It is believed that after his death, he has already conveyed his opportunity to claim property.

It is important to emphasize that the right of submission can only be used in the absence of a will, that is, when entering into a legacy under the law.

Health transmission

The concept of transmission, as well as the right of submission, occurs when the immediate heir is not alive. The transition of the right to accept the inheritance in the hereditary transmission is carried out in favor of the direct heir to the deceased in the will or by law.

The principal difference between these terms "Transmission" and "the right of submission" is that the transmission takes place when the heir dies after the opening of the will, that is, after the death of the testator. In addition, the transmission may arise when taking the inheritance both by law and in the will.

The concept of transmittate and transmission

For the convenience of describing the procedure of hereditary transmission, the following terms are used:

• transmittent. - a direct heir who died after the death of the testator, before entering into the inheritance;
• transmissar - A person who should inherit the property after the death of a direct heir.

Transmitten heir is a direct member of the hereditary transmission, as it has the right to claim the property of the testator after the death of the initial successor. The transmissar can only be a face that is a complete heir to transmittant.

That is, you can only be considered a transmissar only if the testament is written in which the transmitter leaves you after death all its property. Another option - you are the only heir to the first stage, and therefore you have the right to all the property of Transmittent. Such a special approach is based on the will of the transmitntent, which chooses the only person into successors, thereby limiting the participation of other persons in the right to claim property.

How to accept inheritance during transmission

Hereditary transmission is considered to be such if such legal facts take place at the same time:

1. There are grounds for the inheritance of property by the transmittente (there may be rules both in the will and law). In this case, it does not matter what volume of possessions is inherited.
2. The predominant heir (transmittant) died after the death of the testator.
3. Transmittant did not have time to accept the inheritance.

The last condition is valid with a number of reservations, namely the transmission does not occur if the initial heir managed to accept the inheritance, but he died, without issuing documents for property. Also, the transmission procedure does not work if the heir physically did not have time to submit documents for the adoption of property in a 6-month period, and also did not apply to the court to restore such a term.

If you are the Died Transmissar who did not have time to declare His right to possessing on time, but filed a lawsuit to the court on recovery, then you are considered a successor in this matter. Judicial practice shows that correct documents are submitted by the advantageous heir, the court makes a decision in favor of the successor and restores the time of adoption of the property.

The law provides transmissar for the adoption of inherited possessions 6 months from the date of death of the testator. But in the hereditary transmission of the Civil Code of the Russian Federation, namely, article 1156, it allows you to extend this time to 3 months, if less than 3 months left at the death of the transmitntent before taking the inheritance.

As in the order of presentation, during transmission You like a receiver to go to the notary, where to declare your desire to accept property. This requires the following documents:

• transmissar identity certificate;
• confirmation of the death of the testator and transmittant;
• certificates at the place of registration of the testator;
• confirmation of the hereditary-country relations of the testator, transmission and transmittant (certificate of birth, marriage or divorce, etc.);
• testament (if any).

Obtaining a certificate

On the basis of documents, the notary opens the hereditary case, and also confirms the presence of the above legal facts. After issuing a certificate of inheritance by a notary, you as a transmissar face have a complete right to contact Rossrester to execute ownership of ownership.

Interesting fact is that After the death of the initial heir, two types of inheritance at the same time opens. The first is the property, whose inheritance did not have time to join, as a result of which it is transmitted by the transmission procedure. Also, on the death of the heir, the notary opens another hereditary case, which concerns the personal property of the deceased.

In the latter case, the transmission rules are not valid and the design of possessions is carried out in general. If the deceased left the testament, the citizens mentioned in it are counselors. If the dead man did not take advantage of his ability to leave a testament, then you can apply for your legitimate share in turn.

Situations where the heir dies until the entry into the inheritance and the design of property rights is not typical, but in legal practice of 2020 there are quite often. Despite the similarity of these legal structures, they have a significant difference: whether the opening of the inheritance has come before or after the death of the preferential heir.

It should be noted that the Civil Code gives sufficiently detailed information regarding the actions of the successor of the property both in the first and in the second case. If you are responsible for the study of the legislative framework, the procedure for making an inheritance during transmission and with the right of submission will be simple and fast for you.

Video: An example of inheritance in the event of the death of the heir to the will

The right to submit an inheritance is the procedure for calling for the adoption of the property of the deceased relatives in a straight or lateral downward line. Inheritance on the right of representation allows the descendants of the prematurely deceased potential heir to get a part of the asset of the testator.

Inheritance on the right of submission: the concept, essence, differences from the general representation

The legal category "Inheritance on the right of submission" entered notarial practice earlier than in the texts of regulatory acts. The circle of heirs on the right of presentation is clearly specified. It includes only the descendants of the heirs of the first three queues.

It is important to understand that the hereditary idea has nothing to do with the general representation in hereditary affairs. Through the parent, guardian or a representative by proxy, you can make many legally significant actions:

• declare a notary about the entry into the inheritance or refusing to him;
• take part in legal proceedings on the hereditary dispute on the side of the plaintiff or the defendant;
• put transport and real estate on accounting in property registration institutions.

The general representation can only be a lifetime. The death of the person represented automatically stops:

• legal relationship of legal representation;
• the action of the power of attorney.

The hereditary representation can only be posthumous. His essence comes down to replacing the prematurely deceased primary heir in hereditary legal relations with one or more of his descendants. Thus, the rules on the hereditary idea are designed to restore social justice.

Performance in the system of inheritance mechanisms

Inheritance on the right of submission - the Institute of Inheritance by Law. This is already applied from the location of the articles regulating the transformation mechanism under consideration. The presentation in the context of inheritance in the Civil Code is mentioned four times - in Articles 1142-1144, 1146. All of them belong to Chapter 63, devoted to the grounds of inheritance by law.

If the deceased during his life ordered all assets, and after his death, the successor of the will accepted them, the possibilities of the presentation does not arise. When, before the inheritance, the person mentioned in the will did not live out, due to him distributed between the legitimate heirs. Then it is possible to inherit the right of presentation.

Inheritance on the right of submission (law, testament, presentation, transmission) is independent. Therefore, the situation is not excluded when, according to the right of submission, the procedure in accordance with the procedure is inherited, simultaneously being a successor to the will.

Example: The testator N. bequeathed the car Grandfather V. Home ownership he did not bequeathed to anyone. From the close relatives of N. had two daughters, one of which (mother V.) he survived. Thus, in addition to the car you bought, in the right to claim 1/2 of the household D. in the order of submission.

Sequence of deaths of the primary heir and representing his face

Inheritance on the right of presentation is possible when the testator survived the primary successor. Do not cause controversy circumstances in which the date of death of the successor precedes the death date of the testator. A more difficult from a legal point of view is the situation when they died in one day.

Until 09/01/16, people who died within one calendar days were recognized by the Commoners despite the real sequence of deaths. This attracted the following legal consequences:

• the simultaneous discovery of individual hereditary affairs after each deprived;
• calling to the adoption of the assets of each of his deceased their own successors;
• impossibility to consider none of the successful deceased by the successor of the other.

Since September 2016, the rules have changed. People who are dead in one day only if it is impossible to establish the actual sequence of their deaths. In most cases, such an impossibility is due to a joint death under extraordinary circumstances (natural disaster, an accident, military actions).

Consider an example. Father O. and Son S. crashed in a car accident. C. Died in an ambulance at 8:30, O. - on the operating table at 10:15. S. remained a juvenile daughter D.

If the catastrophe occurred 08/31/16, O. and C. are Commoners. Then D. inherit after the Father S., but I cannot claim the property of the grandfather. If the car accident occurred on 09/01/16, D. inherits after Father S. as a priority successor. According to the right of representation, D. also has the right to get the share of Assets O., which would be due to her Father S., if he was alive as a state at the date of death O.

Terms and conditions of inheritance on the right of submission

Inheritance on the presentation is carried out under the following conditions:

1. Prematurely deceased primary heir, the descendant of which is the successor to the right of submission, was the representative of the inheritance queue. The application of the Rules for the submission does not cancel the action of general rules for inheritance, including a sequence of entry into the right of representatives of different queues. The heir to the right of submission can be called to the adoption of the accuracy of the deceased only if it had the right to its predecessor, be alive.
2. The volume of rights belonging to the successor corresponds to the volume of the rights of the represented person. The composition of the inheritance according to the right of the presentation corresponds to the composition of assets, relying by the primary successor, if he was alive.
3. If the heirs on the right of submission of one person are somewhat, they all have equal rights to part of the assets that caused the person to see them. Example: At the deceased P. had two daughters: A. And M. By the time of death P. His daughter M. Died. The latter, in turn, had two sons M1 and M2. But M2 by the time of death P. was dead, leaving behind the son M21 and M22. Final distribution of fractions in the inheritance P: A - 1/2; M1 - 1/4; M21 and M22 - 1/8.
4. The inheritance implies a universal succession, in which not only assets, but liabilities, are transmitted to the interested party. Considering that the eligibility of the heir to the right of submission is secondary in nature, the question is relevant, on whose obligations it is responsible. The answer is unequivocal: the inheritance according to the end of the presentation includes the obligations of the testator, but does not include the debts of the submitted person.
5. At the adoption or refusal of asses of the deceased heirs on the presentation, 6 months are given (concerns the priority heirs), which corresponds to the total period established for representatives of the inheritance queue. His current begins with the death of the testator.

Cases that inheritance rules in the order of submission do not apply

The legal successor on the end of the presentation in the property of the testator was made everything that the primary (represented) heir could claim if it were alive at the time of opening the inheritance. On this occasion, there is only one exception regarding the inheritance of the obligatory share.

The owners of the right to a mandatory share in the amount of the succeed independently of the detention of the deceased detention facilities are recognized by its closest relatives, including disabled children. The right to a mandatory share is a personal subjective inalienable right. The obligatory share of the inheritance of the son / daughter of the deceased in the order of submission to his grandchildren, great-grandchildren, the right doodes does not pass.

The inheritance according to the right of the presentation is not necessary for the descendants of those excluded from the number of posthumous successors on the initiative of the testator or court:

1. The legislator recognizes the freedom of the will for each owner of the property. At its discretion, he has the right to distribute assets among citizens and organizations in case of his death in any fractions. Among other things, the owner is the opportunity to deprive the inheritance of the nearest relative. The coverage may be exhausted by the order of this kind.
2. After the death of the testator, his potential successor on a will or law can be recognized as unworthy through the court. The plaintiffs in such cases are faces, the volume of hereditary rights of which will increase due to the satisfaction of the claim.

These circumstances lead to the "cut-off" of the entire hereditary branch. Children and other descendants of persons excluded from among the heirs to the testament or verdict of the court, in the order of submission do not inherit.

There is an opinion that the position of the legislator is due to personal motives that are charged to the testator. It is believed that the hostility towards the son / daughter usually entails the rejection of his offspring (the grandchildren of the testator). The latter, most likely, would not want the property to move them. In fact, the case is here in the essence of the hereditary presentation. The successor rights arise from the rights of their deceased ancestor. The absence of primary law implies the impossibility of secondary.

The legislator has established the possibility of calling for the adoption of the heirs of heirs I-III at the presentation of the descendants of the heirs of I-III. The descendants of the dead legal entrepreneurs of the IV-VIII under consideration cannot use the following mechanism.

The key feature of the implementation of inheritance rights to the descendants of the priority heirs in the presentation is the lack of restrictions on the remoteness from the testator in the line of kinship. According to the submission after the death of his ancestors, grandchildren, great-grandchildren, the deceased, are inherited.

Siblings of successors II and III queues in the presentation inherit only through the generation. More remote descendants are recognized by potential successors of subsequent queues. Consider all situations:

• The queue. If the child's child died, his grandchildren and subsequent descendants without any restrictions are called in order to adopt the asses of the deceased. Thus, simultaneously with the priority heirs to adopt the asses of the deceased, his very far relatives can be called. Example: After the death of the testator D. two relatives remained: Native Brother A. And the Rights of B. Died did not leave the deceased. B. - the descendant of the priority heir will appeal to inheritance, although A. "By blood" is obviously closer to him.
• II queue. According to the presentation, together with successors of the II queues, the nephews of the deceased are urgent. But if they are dead by the time of the opening of the inheritance, their children are recognized by successors of the V queue. This significantly reduces their chances to get the property.
• III queue. According to the submission, together with successors of the III queue to the adoption of the asses of the deceased, his cousins \u200b\u200bare called. But their children inherit in the VI queue.

I turn. The priority successors of the deceased due to the current legislation are his parents, children, spouse. Since the presentation inherit the descendants (and not ancestors), grandfathers / great-grandfathers cannot inherit the grandchildren / great-grandchildren in the event of the death of their children (the parents of the testator), since they are located on their relationship above.

The legislator reasonably excluded from the number of possible successors on the right to submit children of the clever of the deceased. If these are their common children, they inherit in the I turn. At the same time, the death of their parent (wife of the testator) increases the share due to them.

II line. The heirs of the named queue recognize brothers / sisters, as well as grandmothers / grandfathers of the deceased. The possibility of inheritance by children of grandmothers / grandfathers of the testator in the order of submission at the legislative level is not fixed, which is quite reasonable.

If children of such grandfathers / grandmothers come to the testament to parents, the inheritance on the presentation for them is irrelevant. They are among the priority heirs. And the inheritance rules do not imply the possibility of calling to the adoption of the asses of the deceased heirs of II queues, if the priority heirs are and wish to accept the inheritance.

Iii Que. The heirs of this turn are cousins \u200b\u200bof uncle / aunt. Their children entering the mustache to the cousin testor inherit.

Features of registration of hereditary rights in the order of submission

The basis of inheritance according to the right of presentation can only be related links - blood or arising from adoption relations. It is worth considering that the offspring of adopted children inheritances in the same way as the offspring of blood siblings.

When applying to a notary for registration of the inheritance, the following circumstances will be confirmed by the interested party:

• his own personality;
• death of the testator;
• ownership of assets (part of this information notary can get independently);
• related relationships with the departed;
• the fact of the death of the primary successor (the persons submitted by the applicant in hereditary relations).

A package of documents for the notary usually consists of a passport or other identity of the applicant's document and several registry offices. The opening of the inheritance confirms the testimony of the death of the testator. Blood relationship, depending on the situation, can confirm several documents. An example in the case when the nephew of the departed inherits after the aunt - Mother's sisters:

• its, tetkin and material birth certificates (the last two are submitted to confirm the origin from some parents);
• tetkino and material death certificates;
• tetkino and material marriage certificates in confirmation of the fact and grounds for the change of girlish surnames in marriage.

If the documents are not preserved, they can be restored through the registry office or MFC (Multifunctional Administrative Center for Adminuslug). Submitted to the payment of state duty, repeated certificates of state registration of acts of civil status are issued, and in the cases stipulated by law - other official papers confirming the fact of such registration. If necessary, the presence of related relationships can be established through the court of general jurisdiction in the order of special production.

Comparison of hereditary transmission and presentation

Sign	Transmission	Representation
Variety of inheritance	by law / will	according to law
Concept	the mechanism by which transhemisar - the heir to the prematurely deceased primary heir (trans - transitent) who had experienced the testimonor, however, was evoked to the adoption of the deceased asset, who had survived the testator, but did not have time to accept or refuse the dead before the end of the term	the mechanism by which the descendant of the prematurely deceased primary heir, who deceased to the Stirr
Sequence of deaths	the transamitant survived the testator	the testator survived the primary heir
Time between deaths	limited inheritance	not limited
Additional conditions	the transamitent did not accept the legacy or legally (submitting a notary's statement), neither actually (starting to use the property)	absent
Right holders	transitental heirs / law	descendants of the heirs of I-III queues by law
Inheritance time	it depends on how much time it remains until the end of the deadline for the adoption of an inheritance for the inherited queue: · If it remains 3 or more than a month before the end of this period, it is not reduced; · If before the end it remains less than 3 months, the term continues so that the transheremsar remains exactly 3 months.	general, - the same as for all other successors of the inheritance queue

Inheritance According to the right of presentation is a mechanism by which the successors of successors who died before the opening of the inheritance of successors under the laws of the first three queues are called on their descendants. The volume of the rights of heirs in the order of the presentation corresponds to the volume of rights to which their predecessor owned. The only exception on this concerns the mandatory share of a disabled priority successor. According to the right of the presentation, it does not pass.

The concept of inheritance by the right

If the deceased heir remained descendants, they get the right to inherit instead. Such a strand of inheritance is inheritance in the right of presentation. It allows descendants not related to any of the queues to inherit the property that their parents did not have time to take.

All information about inheritance on the right of submission, its concept, content and subjects gives civil legislation. Inheritance on the right of submission is not a separate look, but a type of inheritance by law.

Not only inheritance according to the law it is possible to inherit the right of submission, as well as if the testator issued a testament.

If there is an inheritance in a straight line of kinship, the right to represent the dead heirs acts without restrictions on the degree of kinship.

The permanent heirs are not on equal conditions with legitimate heirs. They can inherit only the share that would be due to the deceased heir. If there are several such heirs, the share is divided between them proportionally.

The order of inheritance by the right of presentation

According to the legislation described in the law, the order of inheritance on the right of submission, it is similar to the procedure for taking the inheritance in general. The prerequisite is to announce its desire to use the rights provided by law. To do this, visit the notary with the required packet of documents:

• passport and birth certificate;
• testimony of the death of the testator;
• document confirming the relationship.

Based on the submitted statements and provided documents, the notary will establish the right to submission, will make this information into a hereditary case and will issue a certificate. From this point on, the heir to the presentation can start issuing his rights.

Features of inheritance on the right

A distinctive feature of inheritance by the right of presentation is that the implementation of this type of inheritance is possible under such conditions:

• you can inherit on the presentation only if the heir died. If he is alive, but for one reason or another does not appeal for the design of the inheritance, it is impossible to inherit on the presentation;
• the inheritance queue, to which the deceased heir belongs, should be designed to inherit. Children can inherit after their parents only if parents would be called inheritance if alive remains;
• the right to represent the heir should not be canceled by the testament. If the testator does not wish that the heirs would have received an inheritance, he may limit their rights in the will. In this case, the right to inherit will move to the next queue of inheritance by law or those persons whom he will indicate in the testament;
• the heir for the time of living should not have lost its right to inherit, i.e. should not be removed from the inheritance.

Subjects of inheritance

Subjects of inheritance on the right of submission to the Civil Code of the Russian Federation (Article. 1142-1144) may be:

• grandchildren and their descendants;
• nephews and nieces;
• cousins.

Can not take advantage of the right to submit the descendant of the heir who was not inherited, be alive. For example, he was deprived of his rights or declared unworthy or deprived of such rights by the testimon himself in the testament (Art. 1117 of the Civil Code of the Russian Federation). In other words, the provisions of the legislation on unworthy heirs apply to the right of submission.

Priority inheritance

It should be noted that the order of inheritance by the right of submission is preserved. What kind of relatives of the deceased heir can count on the receipt of inheritance, depends on what queue belong to the deceased heir. Inheritance rights are transmitted in accordance with such a sequence:

• inherited a share that could belong to the heirs of the first stage of inheritance on the right of submission to which the spouses are among each other, parents and children, who are the grandchildren of the testator;
• the share of heirs relating to the second stage of inheritance The right of submission to which brothers and sisters are classified, moves nephews;
• representatives of the third stage of inheritance on the right of presentation, which are uncle and aunt, passes the cousins \u200b\u200bof the deceased.

Another query does not provide the opportunity to use the right to submit.

It is possible not only to inherit the grandchildren on the right of submission, but also to the greatness (if it comes to the 1st degree of kinship), a grand nephew (at the 2nd degree), a speaking nephew (at a 3rd degree). At the same time, the proportion they will receive in property will not change and distribute in accordance with the order.

Inheritance of the mandatory share on the right of submission

The right to a mandatory share of law provides those heirs whose hereditary rights are infringed for any other reasons. This right is personal and cannot be inherited. It can be realized even contrary to the will of the testaist and does not require the consent of other heirs.

Persons who have the right to get a binding share, clearly establishes the law. The heirs who have the right to inherit on the presentation are not related to the number of mandatory. In other words, it is impossible to inherit a mandatory share on the right of submission. The heir should determine for himself, which right to take advantage of it.

When inherited by the right of submission, the period allotted for the adoption of the inheritance is not different from the time of inheritance under the usual procedure and is six months from the moment of the death of the testator.

If the term that determined the law will expire, it will be considered missed and subject to restoration only in court.

Inheritance on the right of submission and hereditary transmission

Inheritance on the right of submission and hereditary transmission belongs to the standards providing the transition of hereditary law from individuals who are "failed" heirs to their successors.

Hereditary transmission is to ensure the right of hereditary legal entrepreneurs who are called to inheritance and receive the right to accept the inheritance, instead of dead heirs who could not accept the inheritance.

If the heir is dying, designed by the will or by law, after the inheritance has opened, and does not have time to accept it, the right to accept the inheritance, which he owed him, will lead to the heirs under the law. If the hereditary mass was taught - then the inheritance moves to the heirs specified in the will (Art. 1156 of the Civil Code of the Russian Federation).

However, the inheritance on the right of submission and the hereditary transmission does not act when it comes to adoption by the heir to the obligatory share. Mandatory share cannot move to heirs on hereditary transmission.

For the adoption of inheritance for hereditary transmission, the overall procedure for the adoption of the inheritance is applied, as in the case of the main inheritance.

However, due to the fact that the execution of the right to two independent inheritances is considered, their adoption must be issued by two independent acts.

Thus, the fundamental difference between the transmission and the representation is that the transmission may occur only after the opening of the inheritance (that is, after the death of the testator).

The transmission will not come if the heir died and not having time to issue inheritance. Transmission will not be applied and if the heir missed the deadline for entering the inheritance and did not appeal to his recovery.

If the lawsuit is filed, but the decision during the life of the heirs was not made, his heirs could become successors and get the inheritance if the court restore the missed time.