Legal succession order
According to the family law In Russia the common joint property in respect of the property acquired during the marriage has been chosen as the legal arrangement for the assets of spouses.
Spouses have a possibility to change these arrangements of their joint property for the sole property or the shared property in respect of the entire property or parts of it.
A marital partner is included among the heirs apparent.
According to the family law In Russia the common joint property in respect of the property acquired during the marriage has been chosen as the legal arrangement for the assets of spouses.
Spouses have a possibility to change these arrangements of their joint property for the sole property or the shared property in respect of the entire property or parts of it.
A marital partner is included among the heirs apparent.
The right of inheritance by virtue of law belongs to a surviving spouse of a testator. The realization of this right does not diminish his right for the part of that property acquired during marriage with a testator. That is of the property that is their joint property (matrimonial).
A share of a deceased spouse of this property is determined under Article 256 of the Civil Code of the Russian Federation. Such share is part of the inheritance and passes to its heirs under rules of the Civil Code of the Russian Federation.
Death of a spouse terminates the existence of the arrangement of joint property (matrimonial) but does not expunge the community formed at the termination of the marriage. The place of a deceased spouse is taken by his heirs.
A different order may be prescribed by a joint will of spouses or by an inheritance contract.
Property acquired by spouses during their marriage is of their joint property. A different order of common property may be prescribed by a marriage contract
The property belonged to each spouse before marriage and also the one acquired through gift by one of spouses during marriage or through inheritance is of their personal property.
The exclusive right for the result of intellectual activities, the author of which is one of the spouses, is not included in the common property of the spouses. The common property also does not include personal items, with the exception of jewelry and other luxury items (Art. 256 of the Civil Code of the Russian Federation, Art. 36 of the Family Code of the Russian Federation).
At the request of the heir who accepted the inheritance, the notary at the place of inheritance opening issues a certificate of the right to inheritance at any time after a period of six months from the date of inheritance opening, except for cases provided for by the Civil Code (Articles 1163, 1116, paragraphs 2, 3 of Art. 1154, paragraph 2 of article 1156).
A share of a deceased spouse of this property is determined under Article 256 of the Civil Code of the Russian Federation. Such share is part of the inheritance and passes to its heirs under rules of the Civil Code of the Russian Federation.
Death of a spouse terminates the existence of the arrangement of joint property (matrimonial) but does not expunge the community formed at the termination of the marriage. The place of a deceased spouse is taken by his heirs.
A different order may be prescribed by a joint will of spouses or by an inheritance contract.
Property acquired by spouses during their marriage is of their joint property. A different order of common property may be prescribed by a marriage contract
The property belonged to each spouse before marriage and also the one acquired through gift by one of spouses during marriage or through inheritance is of their personal property.
The exclusive right for the result of intellectual activities, the author of which is one of the spouses, is not included in the common property of the spouses. The common property also does not include personal items, with the exception of jewelry and other luxury items (Art. 256 of the Civil Code of the Russian Federation, Art. 36 of the Family Code of the Russian Federation).
At the request of the heir who accepted the inheritance, the notary at the place of inheritance opening issues a certificate of the right to inheritance at any time after a period of six months from the date of inheritance opening, except for cases provided for by the Civil Code (Articles 1163, 1116, paragraphs 2, 3 of Art. 1154, paragraph 2 of article 1156).
A certificate of the right to inheritance is issued to the heirs who have accepted the inheritance, in accordance with the regulations of the civil legislation of the Russian Federation, and is a document confirming the right to the inheritance specified in it, which includes those belonging to a testator on the day of inheritance opening:
- belongings including cash and certificated securities, other property including non-cash money, book-entry securities;
- property rights (including rights sounding in contracts made by a testator, unless otherwise provided by law or contract; exclusive rights to the results of intellectual activity or to means of identification; rights to receive sums of money adjudged to a testator, but not received by him) and obligations;
- other property, the inheritance of which is permitted by law.
If a request of an heir to issue a certificate of heirship was put in an application for inheritance acceptance, then an additional application for issue of a certificate of heirship is not required, under condition that an estate for which an heir asks to issue a certificate is indicated in such a statement.
A certificate of ownership of a share in common property is issued if a notary has information confirming that property belongs to spouses as jointly owned common property, the acquisition of such property during marriage under onerous transactions, the presence of registered marriage on the date of inheritance opening.
This certificate is given to a surviving spouse with a notification to all the heirs who accepted inheritance. Since the law did not determine a time limit to notify heirs, the latter can be notified before the issuance of the certificate of ownership, simultaneously with it or after its issuance, based on the specific situation in the inheritance case. The consent of these heirs to the issuance of a certificate to the surviving spouse is not required, the latter ones can be notified before the issue of the certificate of ownership, simultaneously with it or after its issue, based on a specific situation in an inheritance case. The consent of these heirs to an issue of a certificate to a surviving spouse is not required.
In inheritance cases involving a foreign element, first of all, it is necessary to establish the law applicable to property arrangement of spouses (paragraph 1 of article 161 of the Family Code of the Russian Federation). An example of an interaction of inheritance and family law of different legal systems is the case of V.G. Derevyanko's inheritance (Determination of the Supreme Court of the Russian Federation dated January 21, 2014 No. 78-KG13-35).
A certificate of ownership of a share in common property is issued if a notary has information confirming that property belongs to spouses as jointly owned common property, the acquisition of such property during marriage under onerous transactions, the presence of registered marriage on the date of inheritance opening.
This certificate is given to a surviving spouse with a notification to all the heirs who accepted inheritance. Since the law did not determine a time limit to notify heirs, the latter can be notified before the issuance of the certificate of ownership, simultaneously with it or after its issuance, based on the specific situation in the inheritance case. The consent of these heirs to the issuance of a certificate to the surviving spouse is not required, the latter ones can be notified before the issue of the certificate of ownership, simultaneously with it or after its issue, based on a specific situation in an inheritance case. The consent of these heirs to an issue of a certificate to a surviving spouse is not required.
In inheritance cases involving a foreign element, first of all, it is necessary to establish the law applicable to property arrangement of spouses (paragraph 1 of article 161 of the Family Code of the Russian Federation). An example of an interaction of inheritance and family law of different legal systems is the case of V.G. Derevyanko's inheritance (Determination of the Supreme Court of the Russian Federation dated January 21, 2014 No. 78-KG13-35).
Marital share
This is a part of property (a half as a rule) which belongs to a spouse unconditionally. It is allocated administratively (by a notary), or in court (if there is a dispute about a law). The size of this share can also be determined by spouses during their lifetime in a notarized agreement.
A marital share is a part of common property. This share is solely entitled to one surviving spouse. And the rest of the heirs (children, parents, grandchildren) cannot lay claim to it.
According to article 36 of the Family Code of the Russian Federation, personal property of a living spouse, which is also not included in inheritance of a deceased spouse, is:
This is a part of property (a half as a rule) which belongs to a spouse unconditionally. It is allocated administratively (by a notary), or in court (if there is a dispute about a law). The size of this share can also be determined by spouses during their lifetime in a notarized agreement.
A marital share is a part of common property. This share is solely entitled to one surviving spouse. And the rest of the heirs (children, parents, grandchildren) cannot lay claim to it.
According to article 36 of the Family Code of the Russian Federation, personal property of a living spouse, which is also not included in inheritance of a deceased spouse, is:
a) everything acquired before legalizing their relations;
b) belongings for individual use;
c) acquired belongings after marriage registration under a gift contract or through inheritance.
b) belongings for individual use;
c) acquired belongings after marriage registration under a gift contract or through inheritance.
Upon the death of one of spouses, a one-half share in the right to spouses common property belongs to a surviving spouse. A different size of the share can be determined by a marriage contract, a joint will of spouses, an inheritance contract or a court decision (Guidelines for the registration of inheritance rights (approved by the decision of the Board of the Federal Notarial Chamber of 03/25/2019, protocol No. 03/19)).
A surviving spouse reserves the right to a share in common property, notwithstanding the fact of their entitlement to inheritance. Russian and foreign practice knows cases when one spouse killed the other, did not inherit due to unworthiness, but reserved the right to distribute community.
Certifying by uncontested proceeding the right of a surviving spouse to a share in common property is possible if a notary has information from the Unified Information System about the absence of a marriage contract.
A surviving spouse is under no obligation to insist on a half, he or she can declare the absence of a share, which is thought of not as a statement of fact, but as a waiver of the right. In the latter case, all the property acquired in the name of a testator is deemed to be inherited (paragraph 33 of the Resolution of Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9).
A notary should explain the right of a surviving spouse to receive a certificate of a share in the title to common property acquired during marriage to heirs other than a spouse, if a notary has information about a surviving spouse and there is no information about the existence and conditions of a marriage contract, agreement on division of community property, joint will of the spouses, inheritance contract.
The term for issuing of the given certificate (for a marital share), and also for a surviving spouse to apply to a notary to receive it, is not established by law and is not limited by a time limit to accepting inheritance and a time limit for issuing a certificate of the right to inheritance. However, if an inheritance case received an application from an heir who objects to the spouse entitlement to a share in property acquired during marriage, the issue of a certificate should be postponed or suspended in accordance with Article 41 Fundamentals of Legislation on Notaries.
For those ex-spouses, whose marriage is dissolved or is invalidated on the date of inheritance opening, this certificate is not issued. The ex-spouse, whose marriage is dissolved, is explained the judicial procedure for declaration of title to a share in property acquired during the marriage.
Demand under oath from a surviving spouse, in whose name property was acquired during marriage, a specified spouse may be issued a certificate of title to 1/2 share in common property acquired during marriage in his name. Demand under oath from heirs who accepted inheritance, and with the consent of a surviving spouse (title owner), a share of a deceased spouse can be determined in a given certificate.
This issued certificate gives cause to include in inheritance of a deceased spouse a 1/2 share in property acquired during marriage in the name of a surviving spouse.
In case of heirs objecting the existence of the right of a respective spouse to a share in property acquired in the name of the other one, or objecting a size of a share in common property, an estate of inheritance is determined in court.
A surviving spouse reserves the right to a share in common property, notwithstanding the fact of their entitlement to inheritance. Russian and foreign practice knows cases when one spouse killed the other, did not inherit due to unworthiness, but reserved the right to distribute community.
Certifying by uncontested proceeding the right of a surviving spouse to a share in common property is possible if a notary has information from the Unified Information System about the absence of a marriage contract.
A surviving spouse is under no obligation to insist on a half, he or she can declare the absence of a share, which is thought of not as a statement of fact, but as a waiver of the right. In the latter case, all the property acquired in the name of a testator is deemed to be inherited (paragraph 33 of the Resolution of Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9).
A notary should explain the right of a surviving spouse to receive a certificate of a share in the title to common property acquired during marriage to heirs other than a spouse, if a notary has information about a surviving spouse and there is no information about the existence and conditions of a marriage contract, agreement on division of community property, joint will of the spouses, inheritance contract.
The term for issuing of the given certificate (for a marital share), and also for a surviving spouse to apply to a notary to receive it, is not established by law and is not limited by a time limit to accepting inheritance and a time limit for issuing a certificate of the right to inheritance. However, if an inheritance case received an application from an heir who objects to the spouse entitlement to a share in property acquired during marriage, the issue of a certificate should be postponed or suspended in accordance with Article 41 Fundamentals of Legislation on Notaries.
For those ex-spouses, whose marriage is dissolved or is invalidated on the date of inheritance opening, this certificate is not issued. The ex-spouse, whose marriage is dissolved, is explained the judicial procedure for declaration of title to a share in property acquired during the marriage.
Demand under oath from a surviving spouse, in whose name property was acquired during marriage, a specified spouse may be issued a certificate of title to 1/2 share in common property acquired during marriage in his name. Demand under oath from heirs who accepted inheritance, and with the consent of a surviving spouse (title owner), a share of a deceased spouse can be determined in a given certificate.
This issued certificate gives cause to include in inheritance of a deceased spouse a 1/2 share in property acquired during marriage in the name of a surviving spouse.
In case of heirs objecting the existence of the right of a respective spouse to a share in property acquired in the name of the other one, or objecting a size of a share in common property, an estate of inheritance is determined in court.
Examples from the court practice:
1) The Determination of the Supreme Court of the Russian Federation dated March 3, 2015 No. 4-KG14-38. The disputed apartment was acquired by the plaintiff and the testator during the marriage at the expense of the spouses' joint assets, due to what it is their joint property.The determination of the share is also possible if the spouses have dissolved the marriage, but before the inheritance opening, the property was not divided.
2) The Determination of the Supreme Court of the Russian Federation dated July 14, 2015 No. 18-KG15-62. The heiress and the testator were married. The ownership of a part of the property acquired by the spouses was violated when the disputed apartment was included in the estate; the plaintiff was able to find out about the violation of his ownership only after receiving a certificate of the right to inheritance. The limitation period, therefore, begins to run no sooner than from the moment the disputed apartment is included in the estate.
3) The Determination of the Supreme Court of the Russian Federation dated February 28, 2017 No. 49-KG17-1. A land plot provided to one of the spouses during the marriage and transferred into ownership pursuant to an act of the local government, in accordance with the provisions of Art. 34 of the Family Code of the Russian Federation refers to the common property of ер spouses. The marital share of the testator on the land plot provided during the marriage under an administrative act, and not under a gift contract, must be included in an estate.
1) The Determination of the Supreme Court of the Russian Federation dated March 3, 2015 No. 4-KG14-38. The disputed apartment was acquired by the plaintiff and the testator during the marriage at the expense of the spouses' joint assets, due to what it is their joint property.The determination of the share is also possible if the spouses have dissolved the marriage, but before the inheritance opening, the property was not divided.
2) The Determination of the Supreme Court of the Russian Federation dated July 14, 2015 No. 18-KG15-62. The heiress and the testator were married. The ownership of a part of the property acquired by the spouses was violated when the disputed apartment was included in the estate; the plaintiff was able to find out about the violation of his ownership only after receiving a certificate of the right to inheritance. The limitation period, therefore, begins to run no sooner than from the moment the disputed apartment is included in the estate.
3) The Determination of the Supreme Court of the Russian Federation dated February 28, 2017 No. 49-KG17-1. A land plot provided to one of the spouses during the marriage and transferred into ownership pursuant to an act of the local government, in accordance with the provisions of Art. 34 of the Family Code of the Russian Federation refers to the common property of ер spouses. The marital share of the testator on the land plot provided during the marriage under an administrative act, and not under a gift contract, must be included in an estate.