The missed deadline for the opening and acceptance of the inheritance can be restored in court. To do this, you must apply to the arbitration court with a statement and a package of documents confirming the validity of the reason for the missed deadline.
Necessary
- - application to the court;
- - the passport;
- - an inventory of the hereditary mass;
- - documents on relationship with the testator;
- - documents confirming the validity of the reasons for the missed deadlines for accepting the inheritance.
Instructions
Step 1
To become an heir, you must apply to the notary office at the place of the last residence of the testator with an application and documents to open an inheritance case. If you did not know the last place of residence of the testator, it is permissible to open an inheritance case at the location of the main share of the estate.
Step 2
The terms for accepting the inheritance are 6 months from the date of the death of the testator. If you have not contacted the notary within the specified time frame, they are considered missed. After 6 months, the entire hereditary mass will be divided between the heirs by law or by will, if by that time all the heirs conceived during the life of the testator were born.
Step 3
To restore the deadlines for accepting the inheritance, you will have to go to the arbitration court. Submit an application indicating the reason for the missed deadlines, present your passport, documents of relationship with the testator, an inventory of the estate. You will also need to provide documentary evidence that the reason for missing the deadline for accepting the inheritance was valid.
Step 4
A good reason includes: - a long-term illness, which must be confirmed by documents from a medical institution; - serving a sentence in a corrective labor colony; - living in another country; - a long business trip; - lack of information about the death of the testator.
Step 5
The court may consider other reasons sufficiently valid to restore the terms of inheritance. On the basis of the ruling issued by the court, the terms for accepting the inheritance will be restored. The inherited mass divided between the heirs is subject to revision taking into account the appearance of another heir, who, according to the law, is entitled to an equal share of the property or the share specified in the will.
