Inheritance in Russia: FAQ
An heir to a Russian estate must accept it within six months of the death, usually by applying to a notary at the deceased's last place of residence. Missing that period means going to court. Attorney Elena Petrova answers fifteen questions from heirs, including those who live outside Russia.
The Six-Month Rule
When does the period start?
On the day of death. For an heir who becomes entitled only after another heir refuses, a separate period applies.
What if I missed the deadline?
A court may restore it if the heir did not know and should not have known of the death, or had another valid reason. The claim must be filed within six months after that reason ends.
Can I accept by actions instead?
Yes. Living in the property, paying its bills or taking possession of belongings counts as acceptance, but it must later be proven.
Wills and Their Validity
Must a will be notarised?
As a rule, yes. Only in emergencies may a handwritten will be made before witnesses, and it must be confirmed in court.
Can a will be challenged?
Yes, on grounds such as incapacity, pressure or breach of form. The claim is filed after the estate is opened.
Shares and Heirs by Law
| Order | Who inherits | When |
|---|---|---|
| First | Children, spouse, parents | Always first in line |
| Second | Siblings, grandparents | If no first-order heirs |
| Third | Aunts and uncles | If no earlier heirs |
| Obligatory share | Minor or disabled children, dependants | Even against a will |
How big is the obligatory share?
At least half of what the person would receive without a will. A former spouse is not an heir at all: only a spouse married at the time of death inherits.
The Notary's Role
Which notary handles the case?
The one at the place where the estate was opened. You can find the case through the notarial chamber's search.
Can I apply from abroad?
Yes. A signed application can be certified by a foreign notary with an apostille, or by a Russian consulate, and mailed. An attorney acting under a power of attorney can then collect documents, order valuations and receive the certificate of inheritance.
Taxes and Costs
Is there inheritance tax in Russia?
No. Heirs pay a notarial fee for the certificate, set as a percentage of the estate's value with discounts for close relatives.
What about selling the inherited property?
Income tax may apply if the property is sold before the minimum ownership period, which is shorter for inherited real estate.
Foreign Heirs and Assets
Can a foreigner inherit Russian property?
Yes. Citizenship does not matter, but transfers to persons from certain countries may require special approvals.
Which law governs the estate?
Usually the law of the deceased's last residence, while real estate follows the law of its location.
Disputes Between Heirs
What if heirs cannot agree on dividing the estate?
They may sign an agreement before a notary. If not, the court divides it, taking into account pre-emptive rights to indivisible items.
Can debts be passed to heirs?
Yes, but only within the value of inherited property. Creditors file claims against the estate or the heirs. Before accepting, an heir should request information on loans and tax arrears, because acceptance of part of the estate means acceptance of all of it, debts included.
Can an heir refuse the inheritance?
Yes, within the same six months, by an application to the notary. A refusal cannot be withdrawn, and it cannot be made with conditions or for only part of the estate.
The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.