Despite the relationship between spouses in marriage, according to current Russian legislation they are the closest people. The relevant provisions of this law protect their rights not only during their life together, but also after divorce or the death of one of the spouses. In this article we will look at who receives property under the law of the Russian Federation after the death of the husband.

In this article

Inheritance, joint property

Property assets acquired by spouses during marriage, in accordance with current Russian legislation, are considered common.

According to the law, the common property of a husband and wife includes the following items:

• real estate/movable property purchased during official family residence (apartment, own house, vehicles, household equipment, furniture items, other items supported by an agreement);
• financial resources (scholarships, salaries, pensions, cash benefits, business profits);
• investments (bank deposits, securities, shares, shares in capital).

Both spouses have equal rights to the listed material assets. Each person legally owns 50% of the jointly acquired property.

But in addition to common property values, the law also provides for personal property (property purchased before the official marriage, inherited or gifted, received even during marriage). Such material assets belong to a specific owner and are not subject to division.

Inheritance

After the death (death) of the husband, the wife has full right to her own share of the common property, that is, 50%. The other half, which belongs to the spouse, is inherited.

Example:

• A married couple living in an official union bought an apartment. Accordingly, after the death of her husband, the wife legally claims half of the living space, since it was acquired in a legal marriage and is common real estate. The second half of the living space is inherited, that is, divided equally between the wife, children, and parents.

It is important to understand! Half of the apartment and personal material assets (even if they were shared with the spouse) belong by law to the wife and are not subject to inheritance.

Example:

• The husband and wife lived in a private house, which the wife inherited from her deceased parents. After the death of her husband, the children from his first marriage decided to declare their right to inherit part of this living space, mistakenly considering the house to be the common property of the spouses. In this particular situation, the property is not subject to inheritance, since their father, by law, was not its owner, even on a common basis with his wife.

It is important to note! The personal property of the deceased husband is divided among all relatives (wife, children, parents) in equal parts. Moreover, without prior allocation of 50% of this property to the spouse.

Example:

• Even before the marriage, the man privatized the apartment in which the couple subsequently lived. After his death, his wife wished to receive 50% of the property on the basis of co-ownership. But the law determined in this situation her right of inheritance on a common basis with all other relatives of her husband.

It is important to understand! Of the common property values ​​of the spouses, after the death of the husband, relatives have the right to inherit only 50% of such property in equal parts, the husband’s personal belongings are inherited in full on a general basis, the wife’s personal belongings are not subject to inheritance.

Legal division of property after the death of a husband

Since today in the Russian state the practice of drawing up a will is not quite common, and after the death (death) of a spouse there is no document of a similar form, property division is carried out in the order of priority established by current Russian legislation. Regardless of what kind of relationship the relatives had with the deceased, the law specifically defines the order of inheritance rights to the property values ​​of the deceased.

The order of inheritance is determined by the Civil Code of the Russian Federation and is divided into the following categories:

• First stage - children, husband/wife, parents;
• Stage II - brothers/sisters, grandchildren, grandparents;
• III turn - uncles/aunts;
• IV stage - great-grandchildren, great-grandfathers/great-grandmothers;
• V turn - cousins, grandparents;
• VI turn - cousins, uncles/aunts, nephews, great-grandchildren;
• VII turn - stepdaughters, stepfathers/stepmothers.

In addition, persons who have been fully supported by the testator for at least a year, but if they are not his blood relative, have the right to claim part of the property values ​​of the deceased. In court, this fact requires mandatory confirmation.

It is important to understand! The category of citizens of the second priority can apply for participation in the division of inherited property values ​​only in the absence of citizens of the first priority. This rule applies accordingly to subsequent categories of heirs.

Inheritance procedure

After the death of her husband, after a certain period, the wife begins to wonder about her husband, his personal material assets, the property he inherited, etc. This process is organized and carried out in accordance with the procedure established by law.

The wife, who is included in the list of heirs, must first write a corresponding statement to the notary.

This document must reflect the following information:

• date of death of husband;
• the cause of his death;
• the spouse’s decision to accept the inheritance left by the spouse;
• readiness for the process of property division if necessary (if the husband indicated other relatives in the will or such a document is missing).

Simultaneously with the application for inheritance of property values ​​passing from the late husband, it is necessary to prepare the following package of documents:

Important! When submitting an application with the listed documents, it is important to comply with the deadlines established by law - 6 months (it is after this period that the persons who are entitled to part of the property of the deceased officially take ownership rights).

If the period established by law for processing documents is violated, it will be quite difficult to enter into inheritance rights for further disposal of property values, especially if third parties apply for the right of inheritance.

After receiving the application with the attached package of documentation, the notary makes a separation of the legal half of the spouse from the common property. Issues the appropriate certificate of ownership. Next comes the division among all relatives of the remaining half of the property of the married couple (real estate, cars, household equipment, etc.).

Important! If various controversial issues arise among the legal heirs, they are resolved in accordance with the current legislation in court.

The nuances of dividing parents' property between children

The process of inheritance by children, especially when they are from different marriages, of the property values ​​of their parents is accompanied by some nuances.

It is important to understand the main point! The children of the heir, no matter from what marriage they were born, have equal rights to inheritance. Even children who are still in the womb have rights to inheritance (immediately after birth they are considered full heirs).

It is also worth considering the fact that adopted children, when dividing the inheritance, are equated to the first-priority category of heirs - blood relatives. At the same time, they no longer have the right to claim the property of their own biological parents. But there are still exceptions.

Example:

• If an officially adopted child maintains a relationship with his biological parent, then, according to a court decision, he has the right to count on a share of the property after the death of his own adoptive parents and biological relative.

For legitimate children, it does not matter whether they were born in a civil, legal marriage or even outside of a marital union - one rule applies to everyone. That is, even an illegitimate child, when establishing the fact of paternity, participates in the division of the property of the deceased biological father on equal rights with legitimate children.

Undeniable share of inheritance

As a rule, inherited property, in accordance with current legislation, is divided between the participants of the will in appropriate shares, without a gift, in the established order between categories of relatives. But there is also a category of persons who have inheritance rights to part of the inherited property in any situation, even regardless of the wishes of the testator.

These include:

• children (it doesn’t matter whether they are natural or adopted) of the deceased, who have not reached the age of majority, and who are unemployed;
• spouse, parents, adoptive parents who do not work and do not receive pension benefits;
• persons who have been fully supported by the testator for at least one year do not have a job.

It is important to understand! Property can be disposed of in the event of death only by performing certain legal actions. Obtaining the right to inheritance is a difficult procedure that requires certain legal knowledge of the provisions of the current legislation. Therefore, it is better to rely on a professional in this matter, that is, a notary who knows how to solve it legally.

Civil Code of the Russian Federation).

As a general rule, the common property of spouses includes:

• the income of each spouse from labor, entrepreneurial activity and the results of intellectual activity, as well as pensions, benefits and other monetary payments that are received by the spouses and do not have a special purpose, for example, amounts of financial assistance;
• movable and immovable things, securities, shares, deposits, shares in capital contributed to credit institutions and other commercial organizations, which were acquired from the common income of the spouses;
• any other property that the spouses acquired during the marriage. In this case, it does not matter in the name of which spouse it was purchased, in the name of which or by which of the spouses the funds were deposited.

At the same time, property received by one of the spouses during marriage by inheritance or as a gift, as well as personal items, except for jewelry and other luxury items, are not jointly acquired property (Article 36 of the RF IC).

The surviving spouse retains the right to part of the common property acquired during the marriage with the testator. The share of the deceased spouse in such property is included in the inheritance and passes to the heirs (Article 1150 of the Civil Code of the Russian Federation). As a general rule, when determining shares in the common property of spouses, their shares are recognized as equal.

For example, if spouses have an apartment in joint ownership, only a share equal to 1/2 of the deceased spouse’s apartment is included in the inheritance estate. The remaining 1/2 share in the ownership of the apartment remains with the surviving spouse. In this case, the surviving spouse has the right to file an application for the absence of his share in the property acquired during the marriage. Then all this property will be included in the inheritance (clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9).

To inherit jointly acquired property after the death of one of the spouses, we recommend following the following algorithm.

Step 1: Find out if there was a will

If there is a will certified by a notary or other authorized person, the share in the joint property of the spouses is distributed in accordance with the order of the testator (Article 1118 - Civil Code of the Russian Federation).

An exception to the principle of freedom of will is the rule on compulsory share in the inheritance. In accordance with it, the testator cannot deprive the right to inherit from his minor or disabled children, disabled spouse and parents, as well as his disabled dependents, that is, all persons supported by the testator. Regardless of the contents of the will, they have the right to receive at least half of the share that would be due to each of them upon inheritance by law. The obligatory share includes everything that the heir, who has the right to such a share, receives from the inheritance for any reason (Article 1149 of the Civil Code of the Russian Federation).

Step 2. Consider the peculiarities of inheritance by law (if a will has not been drawn up)

If the deceased spouse did not make a will, inheritance is carried out according to law.

Heirs by law are called upon to inherit in order of priority (Article 1141 of the Civil Code of the Russian Federation). Persons indicated in the same order inherit in equal shares, with the exception of heirs by right of representation. If there are no heirs in one line, heirs in the next line are called upon to inherit. The heirs of the first priority are the children, spouse and parents of the testator, who most often inherit property (Article 1142 of the Civil Code of the Russian Federation).

If there is no dispute between the heirs, there is no court decision and no marriage contract, half of all property jointly acquired by the spouses is included in the inheritance mass (Article 39 of the RF IC). Further, this half is inherited by the surviving spouse alone or by the surviving spouse and other first-degree heirs. In this case, the inheritance is distributed between them in equal shares.

When one of the legal heirs died before the opening of the inheritance or at the same time as the testator, the share passes to the descendants and is divided equally (clause 1 of Article 1146 of the Civil Code of the Russian Federation). For example, after the death of a mother and son, the son's children will each receive 1/2 of the inheritance.

Step 3. Accept the inheritance

To accept an inheritance, it is necessary to submit to the notary at the last place of residence of the testator an application for acceptance of the inheritance or an application for the issuance of a certificate of the right to inheritance (Article 1153 of the Civil Code of the Russian Federation). The heir chooses the type of application at his own discretion. Usually, in an application for acceptance of an inheritance, a request is written to issue a certificate of the right to inheritance. In this case, there will be no need to submit a separate application for a certificate. If you apply for a certificate of inheritance rights, then the inheritance is considered accepted by you even in the absence of a separate application for acceptance of the inheritance (clause 1, section IX of the Methodological Recommendations for Registration of Inheritance Rights, approved by the Decision of the FNP Board dated 02/27–28/2007 , Protocol N 02/07; clause 18 - Methodological recommendations for registration of inheritance rights, approved by the Board of the FNP on February 28, 2006).

You can clarify the contact details of the notary of the notarial district in which the deceased was registered in the notary chamber of the corresponding territorial entity (Article 123.16-3 of the Civil Code of the Russian Federation).

As a general rule, you can accept an inheritance within six months from the date of opening of the inheritance (clause 1 of Article 1154 of the Civil Code of the Russian Federation; clause 42 of the Methodological Recommendations dated February 28, 2006). The time for opening an inheritance is the moment of the citizen’s death (clause 1 of Article 1114 of the Civil Code of the Russian Federation). Accordingly, the day of opening of the inheritance should be considered the date on which the moment of death of the testator falls, that is, the date of his death.

If this deadline is missed, other options for acquiring an inheritance are possible: restoration of the missed deadline or recognition of the right to inherited property in court, as well as recognition of the heir as having entered into the inheritance by all other heirs by submitting an appropriate application to a notary (Article 1155 of the Civil Code of the Russian Federation; clause 43, Methodological recommendations dated February 28, 2006).

Step 4. Prepare the necessary documents and present them to the notary

This is necessary so that the notary can issue a certificate of inheritance. Thus, to perform a notarial act, the following documents and information will be required to confirm (Article 72, Fundamentals of the Legislation of the Russian Federation on Notaries; clause 14 of Section IX of the Methodological Recommendations dated February 27 - 28, 2007):

• the fact, moment and place of death of the testator (for example, a death certificate issued by the civil registry office);
• grounds for calling to inheritance: a will (in case of inheritance by will) or, for example, a marriage certificate (in case of inheritance by law);
• ownership of the property by the testator (for example, a certificate of ownership of real estate, an extract from the Unified State Register of Real Estate (USRN, until 01/01/2017 - USRE)). It should be taken into account that information from the Unified State Register, containing, in particular, data on the rights of the testator to inherited property, is requested by the notary himself within three working days from the date of your application. At the same time, the notary has no right to require you to provide such information (Article 47.1 of the Fundamentals of the Legislation of the Russian Federation on Notaries; Part 14, Article 62 of the Law of July 13, 2015 N 218-FZ);
• the value of the property, which can be confirmed by an independent assessment of relevant organizations. However, this does not mean that the notary has the right to demand from the heirs documents issued by such organizations. For example, the cost of an apartment can be confirmed by documents issued by the BTI, which will indicate its inventory value.

In addition, for the issuance of a certificate of inheritance rights, it is necessary to pay a state fee (or a notary fee - when contacting a private notary), the amount of which depends on the share in the ownership of the apartment (clause 22, clause 1, article 333.24, clause 3 p 1 Article 333.25 of the Tax Code of the Russian Federation; Article 22 of the Fundamentals of the Legislation of the Russian Federation on Notaries).

Reference. State duty amount

The amount of the state fee (notary fee) for issuing a certificate of inheritance by a notary:

- natural and adopted children, spouse, parents, full brothers and sisters of the testator - 0.3% of the value of the inherited property, but not more than 100,000 rubles;

- to other heirs - 0.6% of the value of the inherited property, but not more than 1,000,000 rubles.

In particular, heirs who have not reached the age of majority by the day the inheritance is opened, as well as persons inheriting an apartment, if they lived with the testator on the day of his death and continue to live in this apartment after his death, are exempt from paying the state duty ( pp. 22 clause 1 art. 333.24, paragraph 5 of Art. 333.38 Tax Code of the Russian Federation).

The notary has the right to require other documents, since there is no exhaustive list of required documents.

Step 5. Obtain a certificate of inheritance

You can receive a certificate of the right to inheritance after six months from the date of death of the testator. The notary issues it if you have submitted all the necessary documents.

He may issue a certificate before the expiration of the specified period if there is no doubt about the number of persons who applied for a certificate of the right to inheritance and other possible heirs (Article 1163 of the Civil Code of the Russian Federation).

The given procedure for registering inheritance rights to a share in the common property of spouses is the same for all types of property - from real estate to cash deposits. However, to inherit certain types of property, for example, shares in the authorized capital of organizations, you need to follow the rules that take into account the specifics of a particular type of property (Methodological recommendations on the topic “On the inheritance of shares in the authorized capital of limited liability companies” (approved at a meeting of the Coordination and Methodological Committee Council of Notary Chambers of the Southern Federal District, North-Kazakhstan Federal District, Central Federal District of the Russian Federation 28 - 29.05.2010)).

The legal practice of drawing up wills in the Russian Federation is not widespread at such a high level as in other developed countries. Most often, first-priority heirs receive property from us after the death of one of the spouses, that is, in order of priority.

The inheritance procedure is regulated by Articles 1142, 1145, as well as Article 1148 of the Civil Code of the Russian Federation. It is they who establish the so-called queue by kinship, according to which the heirs of the 1st queue are the closest relatives of the testator, who have an advantage over others in receiving the property of the deceased.

If there are no heirs of this group or they have expressed theirs, their right passes to the relatives of the next line of inheritance.

ASK A LAWYER - FASTER than to read! GET FREE CONSULTATION while the rest are for it PAYING!

According to existing legislation, in 2020, first of all, the following are called for inheritance:

• Spouses

The first priority of inheritance by law is the wife or husband who was in an officially registered state marriage with the deceased. At the same time, “common-law” spouses, as well as dependents and cohabitants, do not have the right to claim the property of the testator, except in cases where this is provided for by the laws of the Russian Federation (we will discuss this further).

However, even when inheriting after the death of a spouse, it is necessary to understand that not all property is subject to division between relatives. After all, all real estate, movable property or things acquired during the period of marriage are considered marital property. That is, such property belongs to the wife and husband on equal rights.

That is why experienced lawyers recommend, before proceeding with the registration of an inheritance, to allocate from the joint property of the spouses the share of the one who can further dispose of it. Then you can distribute the remaining inheritance (the deceased's share) among the heirs in order of priority.

It is worth noting that joint property, according to the Civil Code of the Russian Federation, is not property that is not subject to allocation to the married half. That is, the property that was received by the testator before marriage, no matter whether it was purchased, received as a gift or inherited.

• Parents

The testator's mother and father are also included in the first priority of inheritance. At the same time, it does not matter at all whether they are married or divorced. Also, adoptive parents, who by law have rights similar to parents, are treated as parents, except in cases where the adoption was canceled according to a court decision.

Parents who are legally deprived of parental rights in court are deprived of inheritance rights.

• Children

The same category of primary heirs also includes the children of the testator. Remember that if the latter was deprived of parental rights, he lost the right to inherit property after the death of the child, but children do not lose this right after the death of the parent who did not have parental rights. This fact is due to the fact that a mother or father deprived of parental rights, although they lose their rights to the child by a court decision, are still not released from the responsibilities associated with their children.

Natural or biological children have the same inheritance rights as adopted children. Moreover, if the testator was married to a person who has his own children, they do not have the right of priority inheritance.

According to the existing norms and laws of the Russian Federation, stepdaughters and stepsons are included only in the 7th line of inheritance. Thus, they can claim the property of their stepmother or stepfather only if there are no heirs from the previous 6 lines of inheritance. You can get acquainted with all the stages of inheritance by looking at this table:

It is worth mentioning separately about children born after the death of the owner of the property, who have the same rights to the inheritance or part of it as children born during the life of the testator.

Who is the first heir after the death of his wife?

The situation is the same with the distribution of property after the death of a spouse. Before the immediate division, the part of the property that was acquired during the marriage to the deceased is separated from the common inheritance. Thus, 50% of such property belongs to the husband, and the remaining half is subject to inheritance by the following persons:

• spouse;
• children;
• parents of the testator.

Who is the first heir after the death of her husband?

So, having considered the information described above, we can conclude that the first heirs after the death of the husband are his:

• spouse;
• children;
• parents (mother and father).

The process of distributing the common inheritance begins only after calculations and the allocation of half the share of property acquired jointly by the spouses during marriage. It is the husband’s part, in this case, that will be the share of the inheritance to be distributed among the remaining heirs.

If only one citizen from the list acts as heir and there are no others, then he will receive all the property of the testator. Well, if the deceased does not have any of the heirs of the 1st category or they refused the inherited property, the right of inheritance passes to the remaining heirs in order of legal priority.

Who is the first heir after the death of the mother?

According to the legislation existing in 2020, among the first applicants for inheritance after the death of the mother are:

• spouse;
• children;
• parents.

At the same time, the husband has the right to inherited property only if he was in a state marriage with the deceased, which will need to be documented when opening a case.

The same applies to children and parents - they will also need to present relevant documents proving the degree of relationship with the testator.

If the mother was in an official marriage, then before dividing movable and immovable property, it is necessary to isolate the share of property acquired jointly during the marriage (only necessary if the husband is alive). The second half of the inheritance will be divided among the remaining heirs.

The father and mother (grandfather and grandmother) have the right to inherit property if they have parental rights and have not been deprived of them in court.

Also, instead of the mother’s children, her grandchildren have the right to receive the inheritance first if their parents died with her or before her.

Who is the first heir after the death of his father?

If the head of the family did not leave a will, then the following may inherit his property first:

• spouse;
• children;
• parents of the testator.

As in the case of the mother, before distributing the common inheritance between the above-mentioned persons, the spouse’s share (part of the property acquired during marriage) is allocated. This part of the property is not subject to division and is the property of the mother, while the father's share is distributed among the heirs by law. Wherein, the shares of the heirs of the 1st stage are equal.

In the event that the above persons have renounced their shares or there are none, the right of inheritance passes to the applicants of the 2nd stage of inheritance. It is worth noting that if the testator does not have a single heir in any of the queues, then all of his property will be considered escheat and will become the property of the state.

Features and nuances of receiving an inheritance without a will

Together with relatives who make up the first line of inheritance, other citizens also have the right to claim part of the property. According to the laws of the Russian Federation, incapacitated persons and dependents who have been supported by the testator for the last year can receive property on an equal basis with the primary heirs. In this case, the share of each of them will be equal to half the share if they received the property or in the order of priority.

To claim their rights, incapacitated persons and dependents must provide the notary with undeniable evidence of their dependence on the testator. Such evidence may include receipts, checks, receipts, witness statements, etc.

The preemptive right to this type of property such as dishes, as well as household appliances and furniture belongs to those heirs who lived with the testator, using and maintaining this property. You can learn more about it from this expert video:

If a part of the inheritance of one of the heirs is significantly larger than the other parts, he is obliged to compensate the cost to the other heirs and thereby equalize the shares.

Problems with inheritance are often encountered by many citizens of our country.

But many of them have no idea how the inheritance is divided? Who can claim the inheritance?

Let's look at everything in more detail.

Right to inheritance after the death of a husband

The definition of “inheritance” means the transfer of movable or immovable property from one property to another. It is worth understanding that every person has the right to inherit such property, regardless of age and gender.

Today there are several types of inheritance, namely:

• by will;
• or by law.

If we talk about inheritance by will, then this document is created and signed by a notary directly by the deceased himself at the time of his life. This document indicates to whom and in what share this or that property is allocated.

If we talk about inheritance by law, then Article 1112 of the Civil Code comes into force, which clearly regulates the issue of the order of inheritance.

How it is divided, regulations

As for the will, if such a document is available, no problems can arise, since the shares specified in it are transferred to the legal heirs in the same way as stated in the document.

If we talk about, then according to Article 1142 of the Civil Code of the Russian Federation, in the absence of a will, the inheritance can be distributed according to the order of relatives, namely:

• The husband's wife and his biological children are the first to claim the inheritance;
• after them, his parents, if any, are in line;
• after cousins, sister and so on.

In the event that the deceased spouse has no relatives other than his wife, all his property passes into the possession of his wife.

In addition to this legislation, this issue is regulated by:

• Article No. 1152 of the Civil Code of the Russian Federation, which regulates the process of inheritance;
• Article No. 1153 of the Civil Code of the Russian Federation, which regulates the procedure for accepting the inheritance itself;
• Article No. 1154 of the Civil Code of the Russian Federation, which clearly defines the time frame that must be observed for entering into an inheritance;
• Article 1157 of the Civil Code of the Russian Federation, which provides for the possibility of refusing an inheritance in favor of another relative.

Inheritance in shares - a new law

A new law may soon come into force, according to which, if there are several or more heirs, they will be given 6 months from the date of the death of their relative to resolve the issue who exactly and in what shares will accept the inheritance.

In the event that relatives are unable to determine their shares themselves, the property will be sold, and the funds received for the sale of the property will be divided among the heirs according to their shares.

With all this, this bill is still under consideration and whether it will be adopted or not remains a big question.

How to join

Briefly about the procedure for taking over your rights to inheritance.

With a will

In order to do so, the heirs must, after 6 months from the date of death of their relative, contact a notary and provide a list of such documentation:

• a statement drawn up according to the sample;
• death certificate of a relative;
• will;
• a passport that confirms your identity.

In this case, it is necessary to pay, which is calculated individually depending on the cost of the inheritance.

Without a will

In this case, the entire inheritance goes to the wife of the deceased husband and their joint children (according to the Civil Code of the Russian Federation).

The process of entering into an inheritance without a will is not much different from the first option. To do this you need:

1. 6 months after the death of the husband, contact a notary.
2. Submit the required list of documents.
3. Pay the state fee.
4. Join.

It is worth noting that the main list of documents includes:

• marriage certificate;
• child's birth certificate (if available);
• death certificate;
• spouse's passport.

Shares of children and wife according to law

Let's consider all the issues related to the distribution of shares between the wife and children.

How is it divided between wife and children, the basic principles of division

If the division of the inheritance is carried out by law, then equality of shares is recognized between the wife and children. What does this mean? It's simple: the entire inheritance is divided between the wife and children into equal amounts.

If there is no spouse, and there is only 1 child, he receives the entire inheritance for himself.

The order of inheritance of a share

First of all, you need to understand that shares in the inheritance directly depend on the order of priority.

This rule applies when dividing inheritance according to law.

Why do you need to know about your share of the inheritance? This is necessary primarily to prevent any other relative from taking possession of the property through unlawful actions.

According to the laws of the Russian Federation, relatives who can claim the inheritance are divided in turns. It must be remembered that heirs of the same line can receive an equal share.

There is a small nuance - relatives from another queue can receive an inheritance only if there is no one in the earlier queue.

For better understanding, the order of priority is as follows:

• biological children, spouse, and parents of the deceased person;
• 2nd stage - brothers and sister, and full-blooded and half-blooded (related to mom and dad, or one of the parents), as well as nephews and nieces are taken into account;
• 3rd queue: this queue includes uncles and aunts of the deceased person, as well as cousins;
• 4th stage: this includes great-grandfathers and great-grandmothers.

In fact, there are seven queues, but it is not worth talking about subsequent queues, since according to statistics, only 1 out of 100% of possible inheritance reaches them.

Mandatory (spousal) share

According to Article 256 of the Civil Code of the Russian Federation, a living spouse has 50% of the property that is subject to inheritance. Thus, the spouse leaves 50% for herself, and the rest of the property passes as an inheritance, again to her and her children in equal shares. If there are no children, then to other relatives in order.

How to calculate, examples of calculating shares

Let's look at a few examples.

Example No. 1

Let's take a disabled person as an example. Gribinyuk M.V. there is a daughter and a son who are considered first-line heirs.

Before his death, Gribinyuk M.V. managed to draw up a will, according to which a 2-room apartment worth a total of 3 million rubles should go exclusively to his son. But, at the same time, during her father’s lifetime, the daughter received a group 2 disability, which led to the fact that she is an obligatory participant in the division of property, regardless of whether she is included in the will or not.

Thus, due to disability, the daughter has the right to count on 25% of this apartment, or 25% in monetary terms, and the rest goes to the son.

Example No. 2

Gribinyuk M.V. has a son from his first marriage and 2 children from his second and husband. He recently died. For this reason, the inheritance must be divided into 4, 25% each. However, the son from his first marriage voluntarily renounced his share, so the inheritance is divided equally between the three.

How to reduce the share of an inheritance by law

According to current legislation, all inheritance is divided exclusively in equal shares. However, in some situations, which are prescribed in Article 39 of the Family Code of the Russian Federation, the court has the right to reduce the share of the inheritance. This is possible in situations such as:

• the presence of minor children from one heir, and the absence of another;
• one of the heirs has a disability or limited ability to work;
• causing harm to the health of one of the heirs by another;
• the presence of one of the heirs having an addiction to alcohol, drug addiction or gambling addiction.

What share of the inheritance do the wife and children receive: examples for various situations

To better understand the principles of allocating shares to the wife and children from the inheritance, let’s look at examples.

Example No. 1

Father died. He is survived by his wife, with whom he has no children, and two sons from his first marriage. How will the shares of the inheritance for the apartment be divided?

In this situation, 50% belongs to the spouse if the apartment was purchased during an official marriage, the remaining 50% is divided between the sons. If the apartment was purchased before the second marriage, then the apartment is divided equally between everyone.

Example No. 2

My husband recently died, leaving him with a 3-room apartment. He left behind four children and a wife. How is this apartment divided?

Everything here is quite banal and simple - according to the Civil Code of the Russian Federation, each of these parties must receive an equal part of the inheritance in relation to other heirs. That is, 5 people receive an inheritance in equal shares.

Controversy

During the process of inheritance, various disputes may arise between relatives of the deceased person.

Some disputes are regulated by the Civil Code of the Russian Federation. In particular, we are talking about such disputes as:

• priority heir for any reason;
• mistakes were made when drawing up the will, and it was declared invalid in court;
• documents for an apartment or other movable and immovable property were lost and problems arose when entering into an inheritance.

If we talk about the first case, then the heir urgently needs to contact the district court, since only he can help in this situation.

If the will was drawn up incorrectly and it was declared invalid, then the division of the inheritance is carried out according to the law.

In the latter case, you need to contact a lawyer who can help in your specific case. It all depends on what documents are left.

If children from the husband’s first marriage claim an inheritance

In the video below, a practicing lawyer explains how to act in such a situation.