How to join an inheritance if a deadline is missed?

The court may, on the application of the belated heir, restore the term of acceptance of the inheritance or recognize by its decision the heir as having entered into the rights of succession. But in such a trial the heir needs to prove that he missed the term for good reason: business trip, illness, etc. At the same time, apply to the court with an application to restore the term of the heir can within six months of the time when the reasons for missing the deadline have fallen.

When the court satisfies such an application, in its decision it determines the shares of all heirs in the hereditary estate. In the presence of a court decision, it is not necessary to apply to the notary for issuance of a certificate of the right to inheritance, because the decision is the basis for making changes in the records on the state registration of rights to real estate.

The court invalidates all certificates of the right to probate previously issued by the notary. If the notary did not have time to issue certificates, their registration shall be suspended until the decision enters into force.

The extrajudicial procedure of acceptance of the inheritance by the heir who missed the term implies the existence of written consent of the other heirs. Such consent requires a notarial certificate at the place of discovery of the inheritance and can be formalized as a single document or as separate statements of each heir who has accepted the inheritance.

Out of court, an heir who has missed a term may enter into an inheritance at any time. However, such an inheritance is not possible if one of the heirs who have issued the rights of succession does not agree to the acceptance of the inheritance by the person who has missed the term.

Since the accession to the inheritance rights of the heir who has missed the term may lead to a change in the size of the shares of other heirs, the notary will cancel the certificates of inheritance issued earlier by issuing an appropriate ordinance.

On the basis of such a ruling, as well as a new certificate, changes are made to the record on the state registration of law.

Under an agreement between the heirs, the reprobate may be allocated his share of the inherited property in kind, and monetary compensation may be paid.

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