Chapter 64. Acquisition of Inheritance.

Article 1152. Acceptance of inheritance.
1. To acquire an inheritance, the heir must accept it. Acquisition of inheritance is not required for the acquisition of property of the escheat (article 1151). 2. The acceptance by the heir of a part of the inheritance means the acceptance of the entire inheritance due to him, whatever it is and wherever it is. When a heir is called to inherit simultaneously for several reasons (by will and by law or in the order of hereditary transmission and as a result of opening the inheritance, etc.), the heir may accept the inheritance due to one of these reasons, for several of them or for all reasons . Acceptance of inheritance is not allowed under the condition or with reservations. 3. Acceptance of inheritance by one or several heirs does not mean acceptance of inheritance by other heirs. 4. Accepted inheritance shall be recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, and also regardless of the moment of state registration of the right of the heir to inherited property when such right is subject to state registration.

Article 1153. Ways of accepting inheritance.
1. Acceptance of inheritance is carried out by filing at the place of opening of the inheritance to the notary or authorized in accordance with the law to issue a certificate of the right to inheritance to an official statement of the heir to accept the inheritance or the statement of the heir to issue a certificate of inheritance. If the application of the heir is transferred to the notary by another person or sent by mail, the signature of the heir to the application must be witnessed by a notary, an official authorized to perform notarial actions (paragraph 7 of Article 1125), or a person authorized to certify powers of attorney in accordance with paragraph 3 of Article 185 of this Code . Acceptance of an inheritance through a representative is possible if the power of attorney is specifically provided for in the power of attorney. A power of attorney is not required for the acceptance of the inheritance by a legal representative. 2. It is recognized, unless it is proved otherwise, that the heir accepted the inheritance, if he committed actions indicating the actual acceptance of the inheritance, in particular if the heir: entered into the possession or control of hereditary property; took measures to preserve the hereditary property, protect it from encroachments or claims of third parties; made at his own expense the cost of maintaining the hereditary property; He paid for the debts of the testator at his own expense or received from third parties the money owed to the testator.

Article 1154. Deadline for accepting an inheritance.
1. An inheritance may be accepted within six months from the date of opening the inheritance. In the event of the opening of the inheritance on the day of the alleged death of a citizen (clause 1 of Article 1114), the inheritance may be accepted within six months from the date the court decision on declaring him dead comes into force. 2. If the right of inheritance arises for other persons as a result of the heir’s refusal from the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the day their inheritance rights arise. 3. Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiry of the period specified in paragraph 1 of this article.

Article 1155. Acceptance of inheritance upon expiration of the established period.
1. At the request of the heir who missed the deadline established for accepting the inheritance (Article 1154), the court may restore this time limit and recognize the heir as the accepted inheritance if the heir did not know and should not have known about the opening of the inheritance or missed the deadline for other valid reasons and provided that the heir who missed the deadline set for accepting the inheritance went to court within six months after the reasons for missing the deadline disappeared. Upon recognition of the heir who accepted the inheritance, the court determines the shares of all the heirs in the hereditary property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (paragraph 3 of this article). Earlier issued certificates of inheritance are recognized by the court as invalid. 2. An inheritance may be accepted by the heir upon the expiration of the period established for his acceptance, without going to court, subject to the written consent of all other heirs who accepted the inheritance. If such consent is given in writing by the heirs not in the presence of a notary, their signatures on the documents of consent must be witnessed in the manner indicated in the second paragraph of clause 1 of Article 1153 of this Code. The consent of the heirs is the basis for the annulment by the notary of the previously issued certificate of inheritance and the basis for issuing a new certificate. If, on the basis of a previously issued certificate, the state registration of rights to immovable property was carried out, the decision of the notary to annul the previously issued certificate and a new certificate are grounds for making the appropriate changes to the state registration record. 3. The heir who accepted the inheritance after the expiration of the established period in compliance with the rules of this article has the right to receive the inheritance due to him in accordance with the rules of articles 1104, 1105, 1107 and 1108 of this Code, which in the case specified in paragraph 2 of this article, insofar as a written agreement between the heirs does not provide otherwise.

Article 1156. Transfer of the right to accept inheritance (hereditary transmission).
1. If the heir, called for inheritance by will or by law, died after the opening of the inheritance, not having time to accept it within the prescribed period, the right to accept the inheritance due to him passes to his heirs by law, and if all hereditary property was bequeathed to him heirs by will (hereditary transmission). The right to accept an inheritance by way of a hereditary transmission is not part of the inheritance that opened after the death of such an heir. 2. The right to accept an inheritance that belonged to a deceased heir may be exercised by his heirs on a general basis. If the remaining part of the term set for accepting an inheritance after the death of the heir is less than three months, it is extended to three months. Upon the expiration of the period established for accepting an inheritance, the heirs of the deceased heir may be recognized by the court as accepting the inheritance in accordance with Article 1155 of this Code, if the court finds good reasons for missing the deadline. 3. The right of the heir to accept a part of the inheritance as a compulsory share (Article 1149) does not pass to his heirs.

Article 1157. Right to refuse an inheritance.
1. The heir shall have the right to refuse the inheritance in favor of other persons (Article 1158) or without specifying the persons in whose favor he refuses the hereditary property. In case of inheritance of the property of escheat, the refusal of the inheritance is not allowed. 2. The heir shall have the right to refuse the inheritance within the period established for accepting the inheritance (Article 1154), including in the case when he has already accepted the inheritance. If the heir has committed actions that demonstrate the actual acceptance of the inheritance (clause 2 of Article 1153), the court may, upon the application of this heir, recognize him to refuse the inheritance and upon the expiration of the established period if he finds the reasons for missing the deadline to be valid. 3. Waiver of inheritance may not be subsequently changed or reverted. 4. Refusal of inheritance in the case when the heir is a minor, incapable or partially capable citizen is allowed with the prior permission of the guardianship and trusteeship body.

Article 1158. Refusal of inheritance in favor of other persons and refusal of a part of inheritance.
1. The heir shall have the right to refuse the inheritance in favor of other persons from among the heirs by will or heirs by law of any order who are not deprived of the inheritance (clause 1 of Article 1119), including in favor of those who are called to inherit under the right of representation or hereditary transmission (Article 1156). The refusal in favor of any of the specified persons is not allowed: from property inherited by will, if all the property of the testator is bequeathed to the heirs appointed by him; from the mandatory share in the inheritance (Article 1149); if the heir is a heir subchapter (article 1121). 2. Refusal of inheritance in favor of persons not specified in paragraph 1 of this article shall not be allowed. It is also not allowed to refuse the inheritance with reservations or under the condition. 3. Refusal of a part of the inheritance due to the heir is not allowed. However, if the heir is called to inherit simultaneously for several reasons (by will and by law or by way of hereditary transmission and as a result of opening the inheritance, etc.), he is entitled to refuse the inheritance due to him on one of these grounds, on several of them or on all grounds.

Article 1159. Ways of non-inheritance.
1. Refusal of inheritance is made by filing at the place of opening of the inheritance to the notary or authorized in accordance with the law to issue a certificate of the right to inheritance to an official of the application of the heir to refuse the inheritance. 2. In the case when the application for refusal of the inheritance is submitted to the notary not by the heir himself, but by another person or sent by mail, the signature of the heir on such a statement must be attested in the manner specified in paragraph 2 of paragraph 1 of Article 1153 of this Code. 3. Refusal of inheritance through a representative is possible if the power of attorney specifically provides the authority for such refusal. For the refusal of the legal representative of the inheritance power of attorney is not required.

Article 1160. Right to refuse to receive a testamentary.
1. The beneficiary is entitled to refuse to receive a testamentary refusal (Article 1137). However, the refusal in favor of another person, a refusal with reservations or under the condition is not allowed. 2. In the case when the beneficiary is at the same time the heir, his right provided for in this article does not depend on his right to accept or refuse the inheritance.

Article 1161. Increment of hereditary shares.
1. If the heir does not accept the inheritance, refuses the inheritance without specifying that he refuses in favor of another heir (Article 1158), will not have the right to inherit or will be removed from inheritance on the grounds established by Article 1117 of this Code, or due to invalidity a will, a part of the inheritance that would be due to such a heir who had fallen away, goes to the heirs by law, called upon to inherit, in proportion to their hereditary shares. However, in the case when the testator bequeathed all the property to the heirs appointed by him, part of the inheritance due to the heir who refused the inheritance or fell away on other specified grounds will be transferred to the other heirs under the will in proportion to their inheritance shares, unless the will provides for a different distribution of this part of the inheritance . 2. The rules contained in clause 1 of this article shall not apply if the heir who refused to inherit or has fallen for other reasons, is intended to the heir (clause 2 of Article 1121).

Article 1162. Certificate of Inheritance.
1. A certificate of the right to inheritance shall be issued at the place of opening of the inheritance by a notary or an official authorized to perform such a notarial act in accordance with the law. The certificate is issued at the request of the heir. At the request of the heirs, a certificate may be issued to all the heirs together or to each heir individually, for all inheritance property as a whole or for its individual parts. In the same manner, a certificate is issued upon transfer of the escheated property in the order of succession to the Russian Federation (Article 1151). 2. In the event that, after issuing a certificate of the right to inheritance, hereditary property for which no such certificate was issued, an additional certificate of the right to inheritance shall be issued.

Article 1163. Terms for issuing a certificate of inheritance.
1. A certificate of inheritance is issued to the heirs at any time after six months from the date of opening the inheritance, except in cases provided for in this Code. 2. In case of inheritance, both under the law and under the will, a certificate of the right to inheritance may be issued before the expiration of six months from the date of opening the inheritance, if there is reliable evidence that, apart from the persons who applied for the issue of the certificate, other heirs entitled inheritance or its corresponding part is not available. 3. The issuance of a certificate of inheritance is suspended by a court decision, as well as if there is a conceived but not yet born heir.

Article 1164. The common property of the heirs.
In case of inheritance by law, if the hereditary property passes to two or more heirs, and if it is inherited by a will, if it is bequeathed to two or more heirs without specifying the specific property inherited by each of them, the hereditary property is received from the date of opening the inheritance into the common equity property of the heirs. The provisions of Chapter 16 of the General Share Ownership Code, taking into account the rules of Articles 1165-1170 of this Code, shall apply to the common property of the heirs to the estate. However, when dividing inherited property, the rules of articles 1168-1170 of this Code shall apply for three years from the date of opening the inheritance.

Article 1165. The division of inheritance by agreement between the heirs.
1. Inheritance property that is in common ownership of two or more heirs may be divided by agreement between them. The terms of the form of transactions and the form of contracts apply to the agreement on the division of inheritance. 2. An agreement on the division of inheritance, which includes real estate, including an agreement on the allocation of a share of one or several heirs from an inheritance, may be concluded by the heirs after issuing a certificate of inheritance. The state registration of the rights of heirs to immovable property in respect of which an agreement on the division of inheritance has been concluded is carried out on the basis of an agreement on the division of inheritance and a previously issued certificate of inheritance, and in the case when the state registration of the rights of heirs to immovable property was carried out inheritance sharing agreements, based on inheritance sharing agreements. 3. The incompatibility of the division of inheritance made by the heirs in the agreement they entered into, the shares due to the heirs in the certificate of the right to inheritance cannot entail the refusal of state registration of their rights to immovable property obtained as a result of the division of inheritance.

Article 1166. The protection of the interests of the child in the division of inheritance.
In the presence of a heir conceived, but not yet born, the division of inheritance can be carried out only after the birth of such an heir.

Article 1167. Protection of the legitimate interests of minors, incapable and partially capable citizens in the division of inheritance.
If there are minor, incapable or partially capable citizens among the heirs, the inheritance shall be divided in accordance with the rules of Article 37 of this Code. In order to protect the legitimate interests of the said heirs, a guardianship and trusteeship body must be notified of the drawing up of an agreement on the division of inheritance (Article 1165) and on the consideration in court of a case on the division of inheritance.

Article 1168. Preemptive right to an indivisible thing in the division of inheritance.
1. An heir who, jointly with the testator, has the right of common ownership of an indivisible thing (Article 133), the share in the right to which is part of the inheritance, has the priority right to receive on account of his hereditary share of the thing in common ownership before heirs who were not previously members of the common property, regardless of whether they used this thing or not. 2. An heir who constantly used an indivisible thing (Article 133), which is part of the inheritance, has, when dividing the inheritance, a preferential right to receive, at the expense of his hereditary share, this thing before the heirs who did not use this thing and who were not previously participants in common ownership of it. 3. If the inheritance includes a dwelling (house, apartment, etc.), the division of which in kind is impossible, when dividing the inheritance, the heirs who lived in this dwelling on the day of the opening of the inheritance and who do not have another dwelling have who are not the owners of the dwelling, which is part of the inheritance, the preferential right to receive on account of their hereditary shares of this dwelling.

Article 1169. Preferential right to items of ordinary home furnishings and households in the division of inheritance.
The heir, who lived on the opening day of the inheritance together with the testator, has, when dividing the inheritance, the preferential right to receive, due to his hereditary share, the items of ordinary home furnishings and household items.

Article 1170. Compensation of the disproportion of inherited property with a hereditary share.
1. The disproportion of inherited property, the priority of which the heir claims on the basis of Article 1168 or 1169 of this Code, with a hereditary share of this heir, is eliminated by transferring this heir to the other heirs of other property from the inheritance or by providing other compensation amounts. 2. Unless otherwise established by an agreement between all the heirs, the exercise of a preemptive right by any of them is possible after the provision of appropriate compensation to other heirs.

Article 1171. The protection of inheritance and its management.
1. In order to protect the rights of heirs, legatees and other interested persons, the executor of the will or the notary at the place of opening the inheritance shall take the measures specified in Articles 1172 and 1173 of this Code and other necessary measures to protect and manage the inheritance. 2. The notary takes measures for the protection of the inheritance and its management upon the application of one or several heirs, the executor of the will, the local government, the guardianship and custody agency or other persons acting in the interests of preserving the estate. In the case when the executor of the will is appointed (Article 1134), the notary takes measures to protect and manage the inheritance in consultation with the executor of the will. The executor of the will takes measures to protect the inheritance and manage it independently or at the request of one or several heirs. 3. In order to identify the composition of the inheritance and its protection, banks, other credit organizations and other legal entities are required, at the request of the notary, to inform him about the information of these persons about the property belonging to the testator. The notary can communicate the received information only to the executor of the will and heirs. 4. The notary shall take measures to protect and manage the inheritance during the period determined by the notary, taking into account the nature and value of the inheritance, as well as the time required for heirs to take possession of the inheritance, but not more than six months, and in cases provided for clauses 2 and 3 of article 1154 and clause 2 of article 1156 of this Code, no more than within nine months from the date of opening the inheritance. The executor of the will shall take measures to protect and manage the inheritance for the period necessary for the execution of the will. 5. In the case when the inheritance property is located in different places, the notary at the place of opening the inheritance sends, through the judicial authorities to the notary at the location of the relevant part of the inherited property, a binding order for the protection and management of this property. If the notary at the place of opening the inheritance knows who should take measures to protect the property, such an order is sent to the appropriate notary or official. 6. The procedure for the protection and management of inheritance property, including the procedure for the inventory of inheritance, is determined by the legislation on the notary. The maximum amount of remuneration under the contract of storage of the hereditary property and the contract of trust management of the inheritance property shall be established by the Government of the Russian Federation. 7. In the case when the right to perform notarial actions is granted by law to officials of local governments and officials of consular offices of the Russian Federation, the necessary measures to protect and manage the inheritance can be taken by the relevant official.

Article 1172. Measures for the protection of inheritance.
1. To protect the inheritance, the notary makes an inventory of the estate in the presence of two witnesses who meet the requirements established by paragraph 2 of Article 1124 of this Code. When making an inventory of property, a testament executor, heirs and, in appropriate cases, representatives of the guardianship and trusteeship body may be present. According to the statement of the persons specified in paragraph two of this clause, the inheritance property shall be assessed by agreement between the heirs. In the absence of an agreement, the assessment of inherited property or that part of it in respect of which an agreement has not been reached is made by an independent appraiser at the expense of the person requesting the assessment of the inherited property, with the subsequent distribution of these expenses among the heirs in proportion to the value of each inheritance received. 2. The cash included in the inheritance is deposited in a notary's deposit, and currency values, precious metals and stones, goods made of them and securities not requiring management are transferred to the bank for safekeeping under the contract in accordance with article 921 of this Code. 3. If it became known to the notary that a weapon is part of the inheritance, he shall notify the internal affairs bodies accordingly. 4. The property that is part of the inheritance and not specified in paragraphs 2 and 3 of this article, if it does not require management, shall be transferred by a notary under the storage agreement to someone from the heirs, and if it is impossible to transfer it to the heirs, to another person at the discretion of the notary. In the case when inheritance is carried out under a will in which the executor of the will is appointed, the storage of the specified property is provided by the executor of the will independently or by means of concluding a storage agreement with one of the heirs or another person at the discretion of the executor of the will.

Article 1173. Trust management of hereditary property.
If the inheritance includes property that requires not only protection, but also management (enterprise, share in the authorized (share) capital of the economic partnership or company, securities, exclusive rights, etc.), the notary in accordance with article 1026 of this Code as The founder of trust management shall conclude a contract of trust management of this property. In the case when inheritance is carried out under a will, in which the executor of the will is appointed, the rights of the founder of trust management belong to the executor of the will.

Article 1174. Reimbursement of expenses caused by the death of the testator, and expenses for the protection and management of the inheritance.
1. The necessary expenses caused by the testator's deathbed disease, the expenses for his worthy funeral, including the necessary expenses for paying the place of death of the testator, expenses for protecting and managing the inheritance, as well as expenses associated with the execution of the will, shall be reimbursed by the inheritance within its value . 2. Claims for reimbursement of expenses specified in clause 1 of this article may be submitted to heirs who accepted the inheritance, and before accepting the inheritance - to the executor of the will or inherited property. Such expenses are reimbursed before payment of debts to the creditors of the testator and to the extent of the value of the inherited property transferred to each of the heirs. In this case, first of all, the expenses caused by the disease and the funeral of the testator are reimbursed, the second - the costs of protecting and managing the inheritance and the third - the costs associated with the execution of the will. 3. For the costs of a worthy funeral of the testator, any money belonging to him can be used, including in deposits or in bank accounts. Banks, in deposits or on which accounts there are funds of the testator, are obliged by the notary's decision to provide them to the person specified in the notary's decision to pay for these expenses. The heir to whom funds are deposited, or deposited on any other accounts of the testator at banks, including when they are bequeathed by testamentary disposition at a bank (Article 1128), may at any time before the expiration of six months from the date of opening inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person specified in the notary’s resolution may not exceed two hundred times the minimum wage established by law on the day of applying for these funds. The rules of this clause respectively apply to other credit organizations that have been granted the right to attract deposits from citizens or other accounts.

Article 1175. Responsibility of heirs for the debts of the testator.
1. The heirs who accepted the inheritance shall be liable for the debts of the testator jointly and severally (Article 323). Each of the heirs is responsible for the debts of the testator within the value of the inherited property transferred to him. 2. The heir who accepted the inheritance in the order of hereditary transmission (Article 1156) is responsible within the limits of the value of this inherited property for the debts of the testator to whom this property belonged, and does not respond with this property for the debts of the heir from whom the right to accept the inheritance passed. 3. Lenders of the testator shall have the right to submit their claims to the heirs who accepted the inheritance within the limitation periods established for the respective claims. Prior to accepting inheritance, creditors' claims may be submitted to the executor of the will or to hereditary property. In the latter case, the court suspends the proceedings until the inheritance is accepted by the heirs or the transfer of the escheated property in the order of succession to the Russian Federation. Upon presentation of claims by the lenders of the testator, the limitation period established for the respective claims is not subject to interruption, suspension and restoration.

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