The order of succession according to the law
The civil code clearly defines the inheritance of the deceased in the absence left by the last will (or in situations where part of the property in the will not covered). The scheme of succession "by law" is quite simple – it is regulated by Chapter 63 of Federal law No. 146 of the civil code of the Russian Federation.
Seven lines of heirs
All the property of the deceased is legally divided among the heirs of the same queue in equal proportions. The order itself has seven stages: from the closest relatives to distant relatives. There are only two ways to transfer an inheritance from one queue to another:
there are no heirs to the previous queue; existing heirs of the previous line have officially renounced their inheritance.
The order steps themselves look like this:
I turn. This includes the deceased's children, parents, and surviving spouse. II turn. Here, grandparents (by their own father and mother or official adoptive parents), as well as brothers and sisters, become legal successors. Brothers and sisters can be full-fledged, only on the father or only on the mother – it does not matter. Phase III. Uncles and aunts of the deceased become heirs. IV turn. It includes living great-grandmothers and great-grandparents. V queue. Great-uncles and grandparents, as well as great-uncles and granddaughters, are entitled to inheritance. VI turn. Great-uncles, aunts, nephews, great-grandchildren, and great-granddaughters. VII turn. Stepfather, stepmother, stepdaughter, stepson.
Stepsons and stepdaughters in the case of their official adoption by a now deceased person are considered heirs of the first stage on a par with their own children.
If there are no heirs
In case of refusal of inheritance by all categories of legal heirs (or in the absence of any relatives), the property will be alienated in favor of the state.
If there is a will, the inheritance will not be able to get heirs of any queue, which are specified in the document as persons who are disinherited. You can only challenge a will in court. There are also cases where the courts have declared a will invalid. In this case, the inheritance was divided in accordance with the law.
Inheritance of property by children
The law defines the priority right of native and officially adopted children to the property of the deceased. At the same time, children are recognized not only by persons born in a legal marriage or those whom the person himself recognized as relatives during his life (as there is an entry in the birth certificate).
Illegitimate children are also the primary legal successors. But in this case, the fact of kinship must be proved in court (including by means of DNA analysis).
If there is a fact that in the near future there will be another child (at the time of death, the woman was in a position), the division of property is not made until the moment of birth.
View count: 2328