President of the notary Chamber of Sevastopol: land surveying, property in new territories and inheritance debts

— What changes have entered into force in the field of the circulation of land?

— Since March, it is impossible to alienate the land plot if it is not dissociated and its boundaries are not determined. Therefore, if someone has not yet done survey and is going to alienate the land plot, he will have to perform these works on an emergency order. If you inherit the land that has no set borders, I recommend that the heirs contact the cadastral engineers in advance, get a disk with an interior plan, and submit this disk to the notary, along with a statement on the issuance of a certificate of inheritance. If there is no such boundary plan, the notary will not be able to refuse to issue a certificate of inheritance and transfer documents for state registration of ownership, but you cannot get the ownership of the land plot until you do boundary work. In this case, you will have to submit additional documents yourself through the MFC. Therefore, if you do not want to do double work, immediately bring the notary a disk with an interior plan. The notary will transmit documents for registration of ownership along with a disc.

— In 2000, even in Ukraine, my grandmother left a will. After moving to another region, it was lost. Can I get a duplicate of this document and who can request it?

— If the testament is certified by the notary of Crimea or Sevastopol, the heir in whose name it is compiled, you need to contact the notary who issued a will, or to the notary who handed over the notary who certified the will — if it does not work and request a duplicate. If we are talking about the Zaporizhzhya and Lugansk regions, the DPR or the LPR, then the receipt of a duplicate is possible if the archives are preserved. The document will be issued only to the person in respect of whom the will was drawn up.

— My husband died in the city of Zaporozhye. There is also a will in favor of my husband. But since he began, he could not go there in time and arrange everything. Three years have passed, we are worried that we will miss the deadlines. I tried to find out from the lawyer where to contact, so as not to lose the right to inheritance. But they told me to wait until the territory is completely free. Tell me what needs to be done so that my husband is not left without an inheritance.

— Of course, over these three years, your spouse had to turn to any notary of Zaporozhye and start a hereditary business. But if at the time of the death of the testator he had already begun, and your spouse did not get a hereditary business, then you can turn to the notary of the Zaporizhzhya notarial district. Temporarily her office is not located in Zaporozhye. The heir must turn to the notary personally. There is another option. The heir can turn to any notary at his place of residence, assure the signature on the application for the acceptance of the inheritance and by electronic channels of the notary of the notary, to serve the Zaporizhzhya city notarial district, this is a statement. The notary will start an inheritance case and send a letter what document to provide and how to act.

— Father died, after him there was an inheritance for me and my native sister. There are no other heirs. Sister now lives abroad, does not want to come to Sevastopol because of her. Tell me what and how to do so that I can inherit myself, and then transferred a share to my sister?

— You can contact a notary public with a statement about the acceptance of the inheritance and issue an inheritance on yourself. If the sister does not apply within 6 months, it will be considered that she missed the deadline (if she is not registered at one address with the testator). After registering the inheritance, you will become the full owner of all inheritance property. As you decide further, your personal decision and desire — you can give part of the sister.

I also want to say that for the design of the inheritance, it is not necessary to come here to the sister. The easiest and cheapest way is to contact the Consulate of the Russian Federation in the country of residence, to assure the signature for the acceptance of the inheritance, to certify the power of attorney, for example, in your name, for conducting an inheritance. The consul for secure electronic communication channels will transfer this statement to the notary and the power of attorney to Sevastopol. Thus, the sister herself will be able to apply for her inheritance rights.

Or your sister turns to a notary public at the place of stay, draws up the necessary documents. But if this is a distant foreign country, the document is likely to require apostleization, and then the direction by mail, which requires certain expenses. Therefore, it will most likely be easier and cheaper to contact the consulate.

— Olga Nikolaevna, you mentioned that a term of 6 months is given to accept the inheritance. Will the documents have time to come during this time?

— If they are transmitted through the consulate, then in Sevastopol they will be in two minutes, because they are transmitted electronically. It is as if one notary certifies and transfers to another notary. Consuls do the same. The consulate is the territory of our country.

-And if a person missed the term allotted by law, he did not turn, could he then claim something? Or after 6 months he has no right to inherit?

— He can apply to the court to restore the deadline for accepting the inheritance. But there should be very serious grounds, good reasons for passing a 6-month period. He was afraid, did not want, could not, did not know, did not communicate — this is not a respectful reason for missing the deadline. In addition, being abroad does not deprive the right to apply to the consulate and exercise his right to inheritance. Of course, everything is at the discretion of the court, but the reasons should be very respectful to restore the deadline.

— When they open a hereditary case, do it include the debts of the testator or should they be sought independently? I need to understand whether it is worth inheriting.

— I’ll start with the last part of the question. You can inherit yourself without fear. Yes, debts are part of the inheritance property, and accepting the inheritance, you also accept the debts of the testator. But you answer these debts only in the amount of inherited property. Therefore, if you are afraid that there are no more debts than property, do not worry. At the expense of your property, repayment will not be repaid.

Now notaries are not required to request information about debts in the center of credit stories. These changes have been accepted, but so far have not entered into force. In the future, the notary will be required to make a request within three days and to notify the heirs of the debt of the testator to receive an answer. In the meantime, changes in the legislation come into force, you can ask a notary public to make a request to the center of credit stories and the notary will make a request to the overall database. If this debt is registered in the database, you will find out about it. But in any case, you will not spend more than the cost of inherited property.

— M. Is the notary to prepare a document that a specific person is assigned to a guardian of minor children in the event of the death of parents?

— Yes, the parent can express his will in case of death, whom to appoint a guardian, and testify this fact from a notary. This document is provided to the guardianship and trusteeship bodies, since the guardians are appointed through them, and in the case of your death, your wish will be taken into account when prescribing a guardian. An exception is cases when a named person cannot be a guardian, for example, for health or age.

Source: The newspaper Komsomolskaya Pravda. Sevastopol «(Irina Zhiboedova, Alena Motra)