Accepting an Inheritance

Under Russian law, an inheritance must generally be accepted within a statutory period. In most cases, the standard deadline is six months from the date the inheritance is opened, which is usually the date of the deceased person’s death.

If an heir lives abroad, this deadline still applies. Residence in another country does not, by itself, remove the obligation to submit an application in time or to take actions that may constitute acceptance of the inheritance.

In cross-border cases, it is important to determine in advance:

• which Russian notary should handle the inheritance matter;
• how to submit an application if the heir is abroad;
• whether a power of attorney for a representative in Russia is required;
• how foreign documents must be prepared;
• whether translation, an apostille or consular legalisation is necessary;
• what evidence confirms the heir’s entitlement;
• which deadlines are already running or may have been missed.

The earlier an heir obtains legal advice, the lower the risk of missing the deadline or preparing the documents incorrectly.

The exact list depends on the circumstances, the composition of the estate and whether the inheritance arises under a will or by operation of law. In most cases, the following documents will be required to open an inheritance file:

• the heir’s passport;
• the deceased person’s death certificate;
• documents confirming the relationship between the heir and the deceased, such as birth or marriage certificates;
• documents confirming any change of surname, first name or patronymic;
• the will, if the inheritance is based on a will and the heir has access to it;
• a power of attorney, if the inheritance is handled through a representative.

If documents were issued by foreign public authorities, they will generally need to be apostilled or undergo consular legalisation, unless an applicable international treaty provides otherwise. They must then be translated into Russian, and the translation must be certified in accordance with Russian law.

Depending on the assets included in the estate, the notary may also request additional documents, such as:

• title documents for real estate;
• vehicle documents;
• information concerning bank accounts and deposits;
• documents confirming the value of inherited property;
• other documents necessary to establish inheritance rights.

The absence of a particular document does not always prevent an inheritance file from being opened. In many cases, missing documents may be submitted later, while some information can be obtained directly by the notary through Russian state information systems.

Although every inheritance matter has its own particular features, the procedure in Russia usually includes several stages.

Step 1. Applying to a Russian Notary

As a general rule, an heir must accept the inheritance within six months from the date the inheritance is opened, usually the date of the deceased person’s death.

The heir applies to the notary handling the estate and submits either:

• an application to accept the inheritance; or
• an application for a Certificate of Inheritance.

If the heir lives outside Russia, this can often be done through a representative acting under a power of attorney, without the heir travelling to Russia.

Step 2. Preparing and Submitting the Documents

The notary must receive documents confirming the heir’s entitlement and any other documents required to process the inheritance.

These will usually include:

• the heir’s passport;
• the death certificate;
• documents confirming the family relationship;
• documents confirming any change of name;
• the will, where applicable;
• a power of attorney, if the heir acts through a representative.

Foreign documents will generally require an apostille or consular legalisation and a certified Russian translation, unless an international treaty provides for a simplified procedure.

Depending on the estate, the notary may also require documents concerning real estate, vehicles, bank accounts, deposits or the value of the inherited assets.

A missing document does not always prevent the inheritance file from being opened. Additional documents can often be supplied later, and the notary may obtain some information directly from public registers.

Step 3. Opening the Inheritance File

Once the application has been accepted, the notary opens the inheritance file, identifies the heirs, establishes the composition of the estate and requests any additional information that may be required.

Notarial fees are payable for the relevant notarial acts.

Step 4. Obtaining the Certificate of Inheritance

After the six-month period has expired, the notary may issue a Certificate of Inheritance.

A notarial fee is payable when the certificate is issued. The amount depends on the relationship between the heir and the deceased and on the value of the inherited property.

This payment is determined under Russian law and is not an inheritance tax.

Step 5. Registering Ownership

If the estate includes real estate, the transfer of ownership must be registered in the Unified State Register of Real Estate.

Once the registration has been completed, the heir is recorded as the registered owner of the property.

In many cases, the heir does not need to travel to Russia personally. Under a properly executed power of attorney, a representative may:

• apply to the notary;
• submit the required documents;
• communicate with Russian public authorities;
• obtain the Certificate of Inheritance;
• register ownership of inherited real estate.

This makes it possible to complete much of the inheritance procedure remotely, which is particularly important for heirs permanently residing outside Russia.

The minimum period is generally six months, since other heirs are entitled to assert their inheritance rights during that time. After the six-month period has expired, obtaining the Certificate of Inheritance may take from several days to several weeks, depending on:

• the complexity of the matter;
• whether all required documents have been submitted;
• the number and type of inherited assets;
• whether any additional information must be obtained.

The process may take longer where assets are located in several countries, foreign documents must be prepared or an inheritance dispute arises.

• What If You Missed the Six-Month Deadline to Accept an Inheritance in Russia?
• Is There an Inheritance Tax in Russia?

This material does not constitute legal advice and is published for informational purposes only.