Chapter 63. Inheritance by Law.
Article 1141. General Provisions.
1. Heirs by law are called upon to inherit in the order of priority provided for in Articles 1142-1145 and 1148 of this Code.
The heirs of each successive queue inherit if there are no successors of the preceding queues, that is, if the heirs of the preceding queues are missing, or none of them has the right to inherit, or all of them are excluded from inheritance (Article 1117), or are deprived of the inheritance either none of them accepted the inheritance, or they all refused the inheritance.
2. The heirs of the same queue inherit in equal shares, with the exception of the heirs who inherit by right of representation (Article 1146).
Article 1142. Heirs of the first stage.
1. The heirs of the first stage under the law are the children, spouse and parents of the testator.
2. The grandchildren of the testator and their descendants inherit by the right of representation.
Article 1143. The heirs of the second stage.
1. If there are no heirs of the first stage, the heirs of the second stage under the law are the full and half brothers and sisters of the testator, his grandfather and grandmother from both the father and the mother.
2. The children of the full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation.
Article 1144. The heirs of the third stage.
1. If there are no heirs of the first and second line, the heirs of the third line are legally the full and half brothers and sisters of the testator's parents (uncle and aunt of the testator).
2. The cousins of the testator inherit by right of representation.
Article 1145. Successors of the subsequent turns.
1. If there are no heirs of the first, second and third stages (Articles 1142-1144), relatives of the third, fourth and fifth degrees of kinship who do not belong to the heirs of the preceding queues receive the right to inherit by law.
The degree of kinship is determined by the number of births that separate relatives from one another. The birth of the testator himself is not included in this number.
2. In accordance with paragraph 1 of this article are encouraged to inherit:
as heirs of the fourth stage relatives of the third degree of kinship - great-grandfather and great-grandmother of the testator;
as heirs of the fifth stage, relatives of the fourth degree of kinship are the children of the nephews and nieces of the testator (cousins and granddaughters) and siblings of his grandparents (uncles and grandmothers);
As heirs of the sixth stage, relatives of the fifth degree of kinship are children of cousins and granddaughters of the testator (cousins and great-grandchildren), children of his cousins and sisters (cousins and nieces) and children of his cousins and grandparents (cousins and aunts).
3. If there are no heirs to the preceding queues, legacies, stepdaughters, stepfathers and stepmother of the testator are called upon to be inherited as heirs of the seventh stage.
Article 1146. Inheritance by right of representation.
1. The share of the heir by law, who died before the opening of the inheritance or simultaneously with the testator, passes by the right of submission to his respective descendants in the cases provided for by paragraph 2 of article 1142, paragraph 2 of article 1143 and paragraph 2 of article 1144 of this Code, and is divided equally between them .
2. Under the right of representation, the descendants of the heir under the law, deprived by the testator of the inheritance, do not inherit (Article 1119 (1)).
3. The descendants of the heir who died before the opening of the inheritance or at the same time as the testator and who would not have the right to inherit in accordance with paragraph 1 of Article 1117 of this Code shall not inherit by the right of representation.
Article 1147. Inheritance by the adopted and adoptive parents.
1. When inheriting by law, the adopted person and his offspring on the one hand, and the adopter and his relatives, on the other hand, are equal to relatives by birth (blood relatives).
2. The adopted and his offspring do not inherit under the law after the death of the parents of the adopted and his other relatives by birth, and the parents of the adopted and other relatives by descent do not inherit under the law after the death of the adopted and his offspring, except as provided in paragraph 3 of this articles.
3. In the case when, in accordance with the Family Code of the Russian Federation, an adopted person maintains relations with one of the parents or other relatives by descent, the adopted child and his offspring inherit by law after the death of these relatives, and the latter inherit by law after the death of the adopted his offspring.
Inheritance in accordance with this clause does not exclude inheritance in accordance with clause 1 of this article.
Article 1148 Inheritance by disabled dependents of the testator.
1. Citizens belonging to the heirs under the law specified in Articles 1143-1145 of this Code, disabled by the day of opening the inheritance, but not included in the circle of heirs of the line that is called for inheritance, inherit by law together and along with the heirs of this line, if at least a year before the death of the testator were dependent on him, regardless of whether they lived with the testator or not.
2. According to the law, citizens who are not included in the circle of heirs specified in Articles 1142-1145 of this Code, but by the day of opening the inheritance were disabled and for at least one year before the death of the testator were dependent on him and lived with him. If there are other heirs by law, they inherit together and on a par with the heirs of the line that is called for inheritance.
3. In the absence of other heirs under the law, the disabled dependents of the testator specified in paragraph 2 of this article shall independently inherit as heirs of the eighth stage.
Article 1149. The right to an obligatory share in the inheritance.
1. Minors or disabled children of the testator, his disabled spouses and parents, as well as disabled dependents of the testator, who are subject to vocation for inheritance on the basis of clauses 1 and 2 of Article 1148 of this Code, inherit, regardless of the content of the will, at least half of the share due to each of they are inherited by law (mandatory share).
2. The right to an obligatory share in inheritance is satisfied from the remaining unresolved part of the hereditary property, even if it leads to a reduction in the rights of other heirs by law to this part of the property, and if the unestablished part of the property is not sufficient to exercise the right to an obligatory share, which is bequeathed.
3. A compulsory share shall include everything that a heir who has the right to such a share receives from the inheritance for any reason, including the value of the testamentary refusal established in favor of such heir.
4. If the realization of the right to an obligatory share in inheritance entails the impossibility to transfer to the heir under the will property that the heir who has the right to an obligatory share did not use during the life of the testator, and the heir to bequest used for living (house, apartment, other residential premises, dachas and the like) or used as the main source of livelihood (tools, creative workshop, etc.), the court may, taking into account the property status of the heirs, having the right to an obligatory share, to reduce the size of an obligatory share or to refuse to award it.
Article 1150. Rights of a spouse in case of inheritance.
The inheritance spouse of the testator, by virtue of a will or law, the right of inheritance does not diminish his right to a part of the property acquired during the marriage with the testator and which is their joint property. The share of the deceased spouse in this property, determined in accordance with Article 256 of this Code, is included in the inheritance and transferred to the heirs in accordance with the rules established by this Code.
Article 1151. Inheritance of escheated property.
1. If there are no heirs both under the law and under the will, either none of the heirs has the right to inherit or all the heirs are excluded from inheritance (Article 1117), or none of the heirs accepted the inheritance, or all the heirs refused the inheritance and at the same time none of them indicated that he refuses in favor of another heir (Article 1158), the property of the deceased is considered to be escheated.
2. Vymorochny property is transferred in the order of inheritance by law in the ownership of the Russian Federation.
3. The procedure for inheritance and registration of escheated property, as well as the procedure for transferring it into the ownership of constituent entities of the Russian Federation or into the ownership of municipal entities, is determined by law.
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