Chapter 61. General Provisions on Inheritance.
Article 1110. Inheritance.
1. In case of inheritance, the property of the deceased (inheritance, inheritance property) shall be transferred to other persons in the order of universal succession, that is, unchanged as a whole and at the same time, unless otherwise specified in the rules of this Code.
2. Inheritance is regulated by this Code and other laws, and in cases provided for by law, other legal acts.
Article 1111. Grounds for inheritance.
Inheritance is carried out by will and by law.
Inheritance by law takes place when and because it is not changed by the will, as well as in other cases established by this Code.
Article 1112. Inheritance.
The inheritance includes things belonging to the testator on the day of the opening of the inheritance, other property, including property rights and obligations.
The rights and obligations that are inseparably connected with the personality of the testator are not included in the inheritance, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which in the order of inheritance is not allowed by this Code or other laws .
Personal property rights and other intangible benefits are not part of the inheritance.
Article 1113. Opening of the inheritance.
The inheritance opens with the death of a citizen. Declaring a citizen dead by a court entails the same legal consequences as the death of a citizen.
Article 1114. Opening time of inheritance.
1. The day of the opening of the inheritance is the day of death of a citizen. When a citizen is declared dead by the day of opening the inheritance is the day when a court decision on declaring a citizen dead, and in the case when, in accordance with paragraph 3 of article 45 of this Code, the day of death of a citizen is considered the day of his alleged death, is court
2. Citizens who died on the same day are considered to be dead at the same time for the purposes of hereditary succession and do not inherit one after another. In this case, the inheritors of each of them are called upon to inherit.
Article 1115. Place of discovery of inheritance.
The place of opening of the inheritance is the last place of residence of the testator (Article 20).
If the last place of residence of the testator who owned the property on the territory of the Russian Federation is unknown or is outside its borders, the place of opening of the inheritance in the Russian Federation is the location of such inherited property. If such ancestral property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of the property is determined on the basis of its market value.
Article 1116. Persons who may be called upon for inheritance.
1. Citizens who are alive on the day of the opening of the inheritance, as well as conceived during the life of the testator and born alive after the opening of the inheritance may be invoked for inheritance.
The legal entities specified in it that exist on the day of the opening of the inheritance may also be called upon to inherit under a will.
2. The Russian Federation, subjects of the Russian Federation, municipalities, foreign states and international organizations may be called upon to inherit under a will, and the Russian Federation in accordance with article 1151 of this Code, may be called upon to inherit by law.
Article 1117. Unworthy heirs.
1. Citizens who by their deliberate unlawful actions directed against the testator, one of his heirs or against the last will of the testator, expressed in a will, do not inherit, either under the law or under the testament, have promoted or tried to contribute to the vocation of themselves or others. inheritance either contributed or attempted to increase the portion of the inheritance due to them or other persons, if these circumstances are confirmed in court. However, citizens to whom the testator, after losing their inheritance rights, bequeathed the property, shall have the right to inherit this property.
Parents do not inherit by law after children in respect of whom parents were judicially deprived of parental rights and not restored in these rights by the day of the opening of the inheritance.
2. At the request of the interested person, the court shall exclude from inheritance, by law, citizens who have maliciously avoided fulfilling the obligations imposed on them by virtue of law by the testator.
3. A person who is not entitled to inherit or excluded from inheritance on the basis of this article (unworthy heir) is obliged to return in accordance with the rules of Chapter 60 of this Code all property unjustifiably received from the composition of the inheritance.
4. The rules of this article shall apply to heirs who have the right to an obligatory share in the inheritance.
5. The rules of this article apply accordingly to a testamentary refusal (Article 1137). In the case when the subject of a testamentary refusal was the performance of a certain work for an unworthy legatee or the provision of a certain service to him, the latter is obliged to reimburse the heir who performed the testamentary refusal of the cost of work performed for the unworthy legatee.
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