Inheritance Law

To inherit property in Russia, an heir must accept the inheritance within six months of the death, usually by filing an application with a notary at the deceased's last place of residence. This rule applies to heirs living in California as well. Missing the deadline means going to court to restore it, so the first step is to act before six months pass.

Attorney Elena Petrova, Moscow Bar, helps heirs in the United States accept and register Russian inheritance, resolve disputes with other heirs and sell or transfer inherited property.

How Succession Works Under the Civil Code

Property passes by will or by law. A will prevails, but certain relatives receive an obligatory share even if the will excludes them. These include minor or disabled children, a disabled spouse and disabled parents, as well as dependants of the deceased.

Without a will, heirs inherit in order of priority. The first order consists of children, spouse and parents. Heirs of a later order inherit only if there are no heirs of earlier orders or they have refused. A grandchild may inherit in place of a parent who died before the testator.

Opening the Case With a Notary

The notary opens an inheritance case and collects information about heirs and assets. The heir submits the application, a death certificate and documents proving the relationship. After six months the notary issues a certificate of inheritance for each asset.

The heir may also accept an inheritance by actually taking possession, for instance by living in the flat or paying its bills. In that case proof of these actions is needed.

Contested Inheritance

Disputes arise over the validity of a will, the inclusion of property in the estate, the restoration of a missed deadline and the removal of an unworthy heir. A will can be challenged if the testator was unable to understand his actions, was pressured, or if form requirements were breached.

A court may restore the deadline if the heir did not know and should not have known of the death, or missed it for other valid reasons, and applied within six months after those reasons ceased. Living abroad alone is rarely enough, so evidence of the specific circumstances matters.

Heirs Living Outside Russia

A foreign heir can act through a representative under a power of attorney. The application to the notary can also be signed before a US notary, apostilled and sent to Russia. Documents such as birth and marriage certificates issued abroad require an apostille and a Russian translation.

Sanctions and currency rules may limit how funds from Russian bank accounts or from the sale of property can be moved abroad. The attorney checks the current regime before planning the sale.

Debts and Taxes of the Estate

Heirs are liable for the deceased's debts only within the value of the property they receive. Russia has no inheritance tax, but a notarial fee is charged for the certificate. A later sale of inherited property may be taxed depending on the period of ownership and residence status.

Planning Ahead With a Will

A Russian will must be certified by a notary. Property owners living abroad may also consider a joint spousal will or an inheritance fund. The attorney explains which instrument fits your family.

Beginning the Inheritance Process

Send the date of death, the last address of the deceased, your relationship and any documents you hold. You will receive a plan with deadlines.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.