Acceptance of a part of the inheritance in the form of a residential building, by living in it and bearing the costs of its maintenance, means acceptance of the entire inheritance.
Case Facts:
On July 23, 1997, the plaintiff and her spouse jointly acquired a residential building in which V.V. Dementyeva lived from May to October 2020 and bore the full burden of maintaining the inherited property, paying utilities and taxes, that is, she took actions to actually accept the inheritance.
During the marriage, A.B. Dementyev was transferred ownership of an apartment by privatization.
On May 15, 20, the plaintiff's spouse, A.B. Dementyev, died.
The plaintiff, being a disabled person of group II, did not apply to the notary with an application for acceptance of the inheritance within a six-month period due to the difficult epidemiological situation.
On May 26 and June 18, 22, V.V. Dementieva applied to a notary with applications for the issuance of a certificate of inheritance rights, to which she received a response that the inheritance had been accepted by another heir.
The testator's cousin Yu.A. Kozhin, who was issued certificates of inheritance rights by law for an apartment and cash deposits in Sberbank (PJSC), applied with an application for acceptance of the inheritance after the death of A.B. Dementieva.
On July 23, 1997, the plaintiff and her spouse jointly acquired a residential building in which V.V. Dementyeva lived from May to October 2020 and bore the full burden of maintaining the inherited property, paying utilities and taxes, that is, she took actions to actually accept the inheritance.
During the marriage, A.B. Dementyev was transferred ownership of an apartment by privatization.
On May 15, 20, the plaintiff's spouse, A.B. Dementyev, died.
The plaintiff, being a disabled person of group II, did not apply to the notary with an application for acceptance of the inheritance within a six-month period due to the difficult epidemiological situation.
On May 26 and June 18, 22, V.V. Dementieva applied to a notary with applications for the issuance of a certificate of inheritance rights, to which she received a response that the inheritance had been accepted by another heir.
The testator's cousin Yu.A. Kozhin, who was issued certificates of inheritance rights by law for an apartment and cash deposits in Sberbank (PJSC), applied with an application for acceptance of the inheritance after the death of A.B. Dementieva.
Position of the Supreme Court of the Russian Federation:
The Determination of the Supreme Court of the Russian Federation No. 4-КГ25-10-K1 dated May 25, 2025.
- After the death of one of the spouses (former spouses), the estate includes property constituting his share in the common property, and the rest of the common property becomes the sole property of the surviving spouse.
- According to paragraph 2 of Article 1153 of the Civil Code of the Russian Federation, it is recognized, until proven otherwise, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance.
- When filing a claim with the court, V.V. Dementyeva referred to the fact that she is a first-order heir after the death of her spouse, accepted part of the inheritance in the form of a residential building in the Lipetsk region, as evidenced by her residence in the house and bearing the costs of maintaining the property, which partially belonged to the testator.
- V.V. Dementieva, living during the legally significant period in a residential building, part of which is included in the inheritance, and bearing the burden of expenses for the maintenance of the entire house, and not just the ½ share that belonged to her, actually accepted the inheritance after the death of her spouse.
The Determination of the Supreme Court of the Russian Federation No. 4-КГ25-10-K1 dated May 25, 2025.