When the time limit starts and when it ends
Six months from the date of death seem a long time until you start counting. The funeral, the ninth day, the fortieth day, sorting through belongings, a job that has not gone anywhere. Many think the flat is theirs anyway because they are registered there, and that they can visit the notary later. Then it turns out the deadline ran out a month ago and a brother has already received the certificate for the whole flat.
Under Article 1154 of the Russian Civil Code an inheritance is accepted within six months from the date of death, or, if a court has declared a person dead, from the date the judgment took effect. The period ends on the same day of the sixth month, and if there is no such day, on the last day of the month: after a death on 31 March 2026 the last day is 30 September. If the end of the period falls on a weekend, it moves to the next working day.
For some heirs the period starts later:
- if someone renounced the inheritance or the court removed them as unworthy, those to whom the right passed have six months from the day it arose;
- if the right arose only because the nearer line of heirs did not accept the inheritance, three months are given after the main six-month period.
A man died on 10 January, leaving no wife or parents, and his only son renounced the inheritance on 12 May without naming anyone. The deceased’s brother can accept the inheritance until 12 November, whereas if the son had simply not come to the notary, the brother would have had only until 10 October.
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Two routes if the deadline has already passed
Consent of the other heirs
Under paragraph 2 of Article 1155 of the Civil Code, a late heir accepts the inheritance without going to court if the heirs who accepted it in time agree in writing. The consent is signed at the notary, and anyone living far away has their signature certified by their own notary and sends the paper by post. According to the recommendations of the Federal Notary Chamber, consent is needed only from those whose shares will be reduced, and this route has no deadline.
Three sisters inherit their mother’s flat in Butovo: the elder two came to the notary in time, while the youngest was in Kaliningrad caring for her mother-in-law after a stroke and was two months late. The sisters do not object, and instead of two certificates for a half each the notary issues three for a third each, and the state duty for a daughter is the usual 0.3% of the value of the share, not more than RUB 100,000. But a single “no”, or one heir who has lost contact, is enough, and only the court remains.
A claim to restore the time limit
The court restores the time limit under paragraph 1 of Article 1155 of the Civil Code if the heir did not know and could not have known of the death, or missed the deadline for another valid reason, and filed the claim within six months after the reason ceased. In paragraph 40 of Resolution No. 9 of 29 May 2012, the Plenum of the Supreme Court requires both conditions to be proved at once, and a second six months is not restored. A daughter learned of her father’s death from a neighbour’s message on 3 February 2026, so she must file her claim by 3 August.
The claim is filed with the district court, and for a dispute over a flat, at the place where it is located. The defendants are the heirs who accepted the inheritance, even without certificates. If the estate has become escheated, it is the state or the municipality, and for a flat in Moscow, the city itself.
Which reasons the court will accept and which it will not
The Plenum names as valid serious illness, helpless condition, illiteracy and similar circumstances, if they prevented acceptance of the inheritance throughout the period. A man was in an accident a week before his mother’s death and spent seven months in hospitals: if dated discharge summaries cover the whole six months, this is exactly such a case. But short-term illness such as two weeks of flu the Plenum expressly classes as not valid, as it does ignorance of the law and lack of information about the composition of the estate. So “I thought that since I am registered there, it is all mine” or “I only found out now about the deposit of RUB 1.2 million” will not get the term restored. Living in another city is not an argument either: the application can be sent by post with the signature certified by a local notary.
Most disputes are about whether the person should have known of the death. A son who had not spoken to his father for eight years after a quarrel and learned of his death a year later usually loses: courts proceed from the view that with ordinary interest in a parent’s fate he would have found out in time. Case No. 5-KG22-50-K2 (Supreme Court ruling of 19 July 2022) looks different: an heir under a will was neither a relative nor a friend of the deceased and learned of the will from a notary’s telegram, but the lower courts did not assess this, and the case was sent for a new hearing.
Actual acceptance: perhaps you did not miss the deadline at all
Under paragraph 2 of Article 1153 of the Civil Code, an heir is considered to have accepted the inheritance, unless the contrary is proved, if within the same six months they took possession of the property, preserved it, paid for its upkeep, paid the deceased’s debts or received money owed to the deceased. The Plenum adds examples: living in the flat on the day of death or moving in later, even without registration, working a plot of land, paying for utilities and insurance. After her mother’s death a woman stayed in her two-room flat in Lyublino, paid the electricity and water bills from her own card in spring, and changed the lock in June. She never went to the notary, but she accepted the inheritance by law, and the only question is evidence. If you took your father’s tools or your mother’s fur coat, that is also taking possession, but it usually has to be confirmed in court, for example by witness testimony.
A funeral grant and joint ownership of the flat with the deceased are not in themselves acceptance. However, in Ruling No. 25-P of 27 May 2024 the Constitutional Court stated that registration at the flat on the day of death, continuing up to the dispute, may be taken into account by the court together with other evidence. The Plenum itself names the main evidence:
- a certificate of joint residence;
- receipts for taxes, housing and utilities;
- the deceased’s savings book or vehicle registration certificate that remained with you;
- a contract for repair work.
If the papers are enough, the notary will issue the certificate. If not, the court may establish the fact of acceptance of the inheritance in special proceedings (paragraph 9 of Part 2 of Article 264 of the Civil Procedure Code); the application is filed at your place of residence, the state duty is RUB 3,000, and if other heirs object, the case proceeds as a claim. Bear in mind only that by accepting part of the inheritance you have accepted all of it (paragraph 2 of Article 1152 of the Civil Code), including the car, deposits and a credit card debt.
What happens to certificates already issued
With the heirs’ consent, the notary cancels the old certificates and issues new ones, and Rosreestr corrects the entry in the USRRE on the basis of them. A court that restores the term determines the shares of all heirs and declares the earlier certificates invalid in whole or in part (paragraph 41 of Plenum Resolution No. 9). If the heir who accepted in time no longer has the property, the late heir is left with monetary compensation for the share, based on its value on the day of death. A brother sold the flat in 2025 for 11 million, whereas on the day of the mother’s death it was worth 8: the sister can claim 4 million, not 5.5.
So do not delay the claim: on your application the notary will postpone issuing the certificate to another heir for ten days, and on receiving notice of the claim from the court will suspend it until the decision (Article 41 of the Fundamentals of Legislation on the Notary).
What to prepare for court
You will need your passport, the death certificate, documents proving kinship along the whole chain (birth, marriage, change of surname) or the will, an extract from the USRRE, and details of the probate file, which can be found in the register on the Federal Notary Chamber website. The hardest part is proving the reason and the date. Hospital discharge summaries, correspondence and witnesses will help here. It is best to confirm in writing the day you learned of the death, with a messenger message or a notary’s telegram, since the court counts your six months from that day. A claim to a right to a share is a property claim, the claim value is taken from the value of the object (paragraph 9 of Part 1 of Article 91 of the Civil Procedure Code), and the duty is calculated on the scale in Article 333.19 of the Tax Code in force since 8 September 2024: for a share worth 3 million it is RUB 45,000, and for half of a flat worth 9 million, that is 4.5 million, RUB 55,500. If there are several objects, then under the clarification of the Plenum of the Supreme Court of 23 December 2025 No. 39, duty is paid for each.
Mistakes that lead to refusal
The most common mistake is the count: the six months for a claim run neither from the death nor from the visit to the notary, but from the day the reason for the delay ceased. Say you learned of your uncle’s death in February, saw the notary in June and filed in October: the court will count from February. Others build the claim on reasons the Plenum has already called invalid, cannot prove the date they learned of the death, or forget to name one of the heirs as a defendant. And some confuse restoring the time limit with challenging a will: if everything was left to a neighbour, an heir by law with no compulsory share gains nothing from a restored time limit, and you must first challenge the will.
When you need a lawyer
If all the heirs agree, a notary and some help with the paperwork for accepting the inheritance are usually enough. You need a lawyer when someone objects, the flat has already been sold, little of the six months remains or the evidence is weak. If the deceased lived abroad or left accounts and property there, see our article on the law and time limits for inheritance abroad and the page on inheritance abroad.
Frequently asked questions
Can a notary restore the time limit?+
No. Without a court, an inheritance can be accepted late only with the written consent of the heirs who accepted it in time and whose shares will change.
How long do I have to bring a claim if I learned of the death late?+
Six months from the day the reason for the delay ceased, for example the day you learned of the death. This period cannot be extended.
I live in my mother’s flat but never went to a notary. Is the inheritance lost?+
Not necessarily. Living in the flat on the day of death and paying the utility bills in the first six months count as actual acceptance, and if there are few receipts, a court can establish the fact of acceptance.
My brother has already sold the flat. Is it worth going to court?+
The time limit can be restored, but the claim will be for monetary compensation for your share, valued at the date of death, not for the flat itself.
Need an assessment of your situation?+
Send a request: an inheritance lawyer will review your documents and the time limits and tell you which route is realistic in your case. An example from practice: challenging a will.