If you missed 6 months to accept the inheritance - what to do?
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If you missed 6 months to accept the inheritance - what to do?
2024-07-25
One of three situations may arise when the deadline for accepting the inheritance is missed:
  1. There are other heirs who have accepted the inheritance, and certificates of right to inheritance have not yet been issued.
  2. There are other heirs who have accepted the inheritance, and certificates of right to inheritance have already been issued.
  3. There are no other heirs.

IN THE FIRST case for acceptance of inheritance, it is necessary:

Consent in the form of a statement, the signature of which is notarized, from other heirs who accepted the inheritance.

If there is a disagreement, go to court!

  • Be sure to notify the notary, who has the inheritance case, that you are applying to the court to determine an additional term for accepting the inheritance.
  • After you accept the inheritance, either by consent or by court decision, you receive a certificate of right to inheritance (if all the necessary documents are present) together with other heirs.

IN THE SECOND case - find out about the agreement/disagreement of other heirs who accepted the inheritance, and act by analogy with the first situation.

And then all the heirs are expected to redistribute the inheritance. This is not a quick story. Everything depends on the consent/disagreement of all the heirs and whether the inherited property remains in the possession of those who issued it.

In short:

  • there is consent, property is owned - the notary issues new certificates to all heirs;
  • there is no consent or the property has already been alienated as before the court.

IN THE THIRD case - I suggest to act according to the following algorithm:

  • write a letter with a request to a notary public;
  • to receive an official explanation from the notary about the need to go to court - regarding the renewal of the term with the specified additional term for acceptance of inheritance;
  • go to court;
  • get a copy of the court decision with a specified additional term for accepting the inheritance;
  • apply to a notary to submit an application for acceptance of inheritance by court decision.

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