Practice

Accepting an Inheritance

Settling an inheritance from the application to the notary to receiving the certificate of right to inherit, including disputed and non-standard situations.

Service

What the service includes

The formal time limit for accepting an inheritance is six months, but in practice the process becomes more complicated if there are several heirs, part of the property has not been properly registered, or the assets are in different regions or countries.

We support the settlement of the inheritance from start to finish, from the application to the notary and the collection of documents to receiving the certificate and registering title to the inherited property, including restoring a missed time limit where there are grounds to do so.

The estate often includes property that was never fully registered in the testator’s lifetime: an unauthorised building on a plot, a share in an LLC not reflected in the register because of changes of participants, or an object only partly entered in the cadastral register. In such cases, before approaching the notary, we separately regularise the asset so that it is included in the certificate of right to inherit and does not remain outside the estate. If the heirs live in different cities or countries, we organise the process so that nobody has to travel to a single notary in person: most steps are completed remotely through authorised representatives.

What the service includes:

Applying to the notary Tracing and registering inherited property Restoring a missed time limit Settling an inheritance across several regions Registering title to inherited property
Clients

Who it is for

The situations clients most often bring to us on this topic.

Heirs living in different cities or abroad Families with incompletely registered real estate, such as unauthorised buildings and plots without cadastral registration Heirs to a share in an LLC not entered in the register of participants in time Several heirs without a will, claiming common property
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Approaching the notary

We file the application to accept the inheritance within the statutory six-month period. Timeframe: 1 day.

II

Collecting documents

We collect the documents confirming the composition of the estate and the heir’s rights. Timeframe: 1-3 months.

III

Receiving the certificate

We see the matter through to receipt of the certificate of right to inherit from the notary. Timeframe: up to 6 months.

IV

Registration of rights

We support the registration of title to the inherited property: real estate, shares in companies and other assets. Timeframe: 1-2 months.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

The testator’s death certificate Documents confirming kinship The will (if there is one) Documents for the inherited property
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

6 months the formal period, the process is often longer The real time needed to obtain the certificate depends on the completeness of documents and the number of heirs, not only on the law.
40% of cases involve incompletely registered property A significant share of inheritance cases require the asset to be regularised first and only then included in the estate.
3 or more notaries in complex cases We coordinate the process between several notary offices if the heirs live in different cities.
25 types of document in a complex case Beyond the standard package, we collect register extracts, certificates confirming the absence of encumbrances and archive documents.
15 working days to trace the probate file If the heirs do not know which notary the testator used, we establish this through the unified notarial information system.
5 categories of property with a special procedure Bank accounts, business interests, intellectual property and real estate are settled within one case under different rules.
Practice

Common mistakes

Opening the probate file late. Heirs assume the right passes automatically and do not apply to the notary within six months of the opening of the inheritance. After that, the missed period can be restored only through the court, and a positive outcome is not guaranteed even where there is a valid reason.

Confusing actual and legal acceptance. Living in the deceased’s flat or paying utility bills is taken as sufficient proof of acceptance, and the visit to the notary is postponed. Without a certificate of right to inherit it is legally impossible to dispose of the property: to sell it, give it away or pledge it.

Accepting an inheritance without checking for debts. Heirs agree to accept the inheritance without first finding out whether the testator had unpaid loans or other obligations. An inheritance can only be accepted as a whole, so along with the property the heir takes on the debts, up to the value of what is inherited. This is often an unpleasant surprise only after the formalities are complete.

Result

What you get

A certificate of right to inherit for each asset. The client receives a notarial document confirming title to all the inherited property.

Rights registered in Rosreestr and other registers. Real estate, business interests and other assets are re-registered in the heir’s name in all the necessary registers.

Regularised assets that were not properly registered before. Unauthorised buildings, incompletely registered plots and shares are included in the estate on a lawful basis.

The testator’s debts dealt with. The client understands the scale of the inherited obligations and receives documentary confirmation of settlements with creditors.

FAQ

Frequently asked questions

What if the six-month period has already been missed?+

The period can be restored through the court if there is a valid reason for missing it. It is best to apply as early as possible.

Do I need to attend the notary in person to settle an inheritance?+

The application can be submitted through a representative under a power of attorney. Personal attendance is not always required.

What should we do if there are several heirs and they cannot agree?+

Each heir is entitled to receive their share regardless of the others’ consent. Where necessary, the division of specific property is carried out through the court.

How do you settle an inheritance if part of the property is abroad?+

The process is coordinated in parallel in each jurisdiction. Foreign assets are dealt with under the rules of the country where they are located.

What should I do if the six-month period for accepting an inheritance has been missed?+

The period can be restored through the court if there is a valid reason, or, if all the other heirs agree, this can be done without going to court, through the notary, by confirming in writing their consent to include the late heir.

Is an heir liable for the debts of the deceased if they do not actually use the property?+

Yes. If the inheritance has been accepted, whether by application to the notary or by conduct, the heir is liable for the testator’s debts up to the value of what was inherited, regardless of whether they use the property. This can be avoided only by a renunciation of the inheritance made within the time limit.