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Can you tell me if I need to go through a notary to inherit, or if it will automatically transfer after six months? Here's the situation: I have a 1/3 share of an apartment, my late father had 1/3, and my mom has 1/3. They were divorced. My father and I lived in the same apartment. So, I understand that I'll automatically receive the inheritance after six months. But there are nuances: he had debts, and there might be quite a few that surface, and a notary would check that. Plus, I was told he might be bankrupt. This share is my only home. I won't give it up, but if I accept it, I won't be able to sell my share to cover his debts because it's my only home. So, considering we lived together, should I still go through the notary, or just wait six months for everything to happen on its own?
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Maryam
The deceased's share won't automatically go to anyone. After six months, you'll have to go to court to reclaim your rights.
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Elena
You should definitely accept the inheritance if there are loans, as they will pass to you along with the share. My husband inherited his dad's estate, which was 1/3, and now he has that plus his own share, and a bunch of loans he had to pay off. But if he had any pension savings, you can also claim those as part of the inheritance. And if the loans are still active, you can check if they are insured. If they are, the insurance company might pay them off for you, but it's a lot of hassle.
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Mihaylets Evgeniya
Applying for inheritance is mandatory.
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Churkina (Belous) Diana
Nothing happens automatically. You need to go to a notary to claim an inheritance.
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Yuliya
You'll have the actual inheritance, but not the formal acceptance. Go to a notary, otherwise you'll have problems with the documents later
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Lyudmila
You definitely need to go to a notary. To check for debts and such. You can refuse your share, your 1/3 will remain yours, but it won't transfer to you then. Nothing will be processed automatically either. The notary issues the ownership documents.
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Lyudmila
Never heard of automatic enrollment before!
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Nadezhda Zuevich
Yes, you do. You've effectively accepted the inheritance as the heir, but you still need to confirm your acceptance or refusal within 6 months. Otherwise, you'll have to go through court later.
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Anna
You won't be able to register the documents in your name without a notary. Well, I mean, if you want to sell or gift the apartment, you'll have to go to court to prove you actually accepted the inheritance (if 6 months have passed since the death), and then also go to a notary to finalize the paperwork. The debts could grow enormously by then. Or, alternatively, your heirs will have to run around later, proving that you accepted the inheritance, and then also go through a notary to accept the debts and property.
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Anna
Anna Or, if the state initiates the transfer of your father's inheritance to itself, you'll also be running around trying to prove you accepted the inheritance (in court), then going to a notary, and so on.
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Helen
Everything is handled by a notary, and a specific one at that (not every notary is authorized to handle inheritance cases). As for how to enter into and accept the inheritance, you need to decide whether to accept it or refuse it.
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Dergunova Lesya
You'll still have to get the documents notarized in your own name. And if you register the apartment in your name, it means you've accepted the inheritance. And if you've accepted the inheritance, you've accepted everything: the apartment and all the debts. And you'll have to pay the debts then. They'll be demanded from you, including through court with all the consequences.
If you don't write a refusal to accept the inheritance, it will be considered that you automatically entered into it, since you're registered at the same address. And the debts too, automatically.
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Evgeniya
Dergunova Lesya So, either way. I've accepted the inheritance, whatever it may be. For now, there's nothing, since he declared bankruptcy. We'll see what happens, but in any case, even if I have to buy out the share, I'm the first in line, and it's unlikely anyone else would buy it. Plus, if I register all the kids there, who would want that? The bank might offer to buy it from me at the cadastral value.
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