Russian law provides for the inheritance of the property of the deceased in turn, depending on the closeness of kinship. But inheritance on the basis of succession is possible only when the deceased did not leave a will.
First order heirs
The Civil Code of the Russian Federation establishes a sequence according to which the relatives of the deceased can accept his inheritance. First of all, spouses and children have the right to become heirs. Grandchildren are also primary heirs, but only if their parents are not alive. In such circumstances, inheritance by right of presentation is considered.
If the deceased did not leave a will, then the heirs of the first stage will divide all the property of the testator in equal shares. For example, if a man dies and he has a mother, wife and three daughters, then they inherit 1/5 of the share. However, each of the heirs can give up his share, in which case the property of the deceased is divided between the remaining applicants of the first stage.
The testator's spouse
Only the legal spouse or spouse of the deceased is considered as the heir of the first priority. People who lived in a "civil marriage" (cohabiting) are not heirs of the first stage. Informal spouses are subject to the right of inheritance by law. The deceased's cohabitant may claim the inheritance if a will is drawn up and notarized or if he was a dependent. A number of problems may arise here, since it will be necessary to prove that the dependent claiming the inheritance was incapacitated and lived with the testator for at least a year.
Parents of the testator
If the parents outlive their children, they are the heirs of the first order. The right of inheritance is not canceled if the marriage between the mother and father has been dissolved. In any case, they have the same rights and responsibilities in relation to their children. The adoptive parents of the deceased have the same rights. Parents who have been deprived of their parental rights in court and have not been restored to these rights at the time of the death of the testator cannot claim the inheritance.
Children of the testator
Not to call the children of the deceased to inherit is possible only if there is a fact of their recognition as unworthy heirs. In other cases, the rights of the testator's closest relatives are protected by the right to a compulsory share of the inheritance. This right is provided only for the heirs of the first order. Minors, disabled heirs or dependents inherit 1/2 of the part of the deceased's estate that they could legally receive.
An important detail - inheritance on the basis of priority is possible only if the deceased did not leave a will. The property of the testator can be received by any person whom he indicated in the document.
