Russian Inheritance Law Terms
Inheriting in Russia starts with a notary and follows the Civil Code. The central words are nasledstvo, the estate; zaveshchanie, a will; ochered, the order of heirs by law; and obyazatelnaya dolya, the compulsory share that some relatives receive whatever the will says. This glossary explains these and related terms for heirs who live outside Russia.
It was prepared by attorney Elena Petrova, who assists heirs in California with estates left in Russia.
The Estate and Its Opening
Nasledstvo (наследство) is the estate: property, rights and debts of the deceased.
Otkrytie nasledstva (открытие наследства) is the opening of succession, which happens on the day of death.
Mesto otkrytiya nasledstva is the place of opening, usually the last residence of the deceased in Russia. It decides which notary handles the case.
Nasledstvennoe delo (наследственное дело) is the inheritance file opened by the notary.
Wills
Zaveshchanie (завещание) is a will, normally certified by a notary.
Zakrytoe zaveshchanie is a sealed will handed to a notary in an envelope.
Sovmestnoe zaveshchanie suprugov is a joint will of spouses, available since 2019.
Nasledstvenny dogovor is an inheritance contract between the future testator and heirs.
Otmena zaveshchaniya is revocation of a will by a new will or a separate order.
Heirs by Law
| Ochered | Who inherits |
|---|---|
| First | Children, spouse, parents |
| Second | Siblings, grandparents |
| Third | Aunts and uncles |
| Later orders | More distant relatives and dependants |
Ochered (очередь) is the order of heirs. Each next order inherits only if there are no heirs in the previous one or all of them refused.
Nasledovanie po pravu predstavleniya is inheritance by representation, when a grandchild takes the share of a parent who died earlier.
Protected Shares and Refusals
Obyazatelnaya dolya (обязательная доля) is the compulsory share. Minor or disabled children, a disabled spouse and disabled parents receive at least half of what they would get by law.
Otkaz ot nasledstva (отказ от наследства) is a renunciation of inheritance filed with the notary.
Vymorochnoe imushchestvo is escheat property that passes to the state or municipality when there are no heirs.
Accepting the Inheritance
Prinyatie nasledstva (принятие наследства) is acceptance. It is done by an application to the notary or by actual possession of the property.
Srok prinyatiya is the acceptance period of six months from the day of death.
Vosstanovlenie sroka is restoration of a missed deadline by a court if the heir did not know and could not have known of the death.
Fakticheskoe prinyatie is acceptance by conduct, such as paying bills or living in the flat.
Certificates and Debts
Svidetelstvo o prave na nasledstvo is the certificate of inheritance issued by the notary. It is needed to register property in EGRN.
Dolgi nasledodatelya are debts of the deceased. Heirs pay them only within the value of what they received.
Doverennost is a power of attorney. An heir abroad can act through a representative under one signed before a notary or at a consulate.
Acting on an Estate from Abroad
The six-month period runs regardless of where you live. Sending the application to the notary in time is the first step, and a courier or representative can handle it.
Attorney Elena Petrova checks the notary file, the property and possible disputes, and reports to heirs in English.
The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.