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

Under Russian law, an heir is generally required to accept an inheritance within six months from the date the inheritance is opened, which is usually the date of the deceased person's death.

However, missing the six-month deadline does not necessarily mean that inheritance rights are lost. Depending on the circumstances, Russian law provides several legal mechanisms that may allow an heir to protect their rights even after the deadline has expired.

Yes. Depending on the facts of the case, it may be possible to:

• restore the missed deadline through court proceedings;
• establish that the inheritance was accepted in fact;
• obtain recognition of inheritance rights through judicial proceedings.

The appropriate legal strategy depends on the specific circumstances of each case.

One of the legal grounds for restoring the deadline is where the heir did not know and could not reasonably have known that the inheritance had been opened. The court may also consider other valid reasons for missing the deadline.

As a general rule, the application must be filed within six months after the reason for missing the deadline ceased to exist. Each case is assessed individually based on the available evidence.

Under Russian law, an inheritance may sometimes be accepted without filing a formal application with a notary. For example, an heir may be regarded as having accepted the inheritance if they:

• paid utility bills or maintenance expenses;
• preserved or managed the inherited property;
• took possession of the property;
• paid the deceased person's debts;
• collected money owed to the deceased.

Whether these actions are sufficient depends on the circumstances and the evidence available.

Sometimes heirs learn about an inheritance many years after the deceased person's death. This may happen because they lived abroad, had lost contact with relatives, or were unaware that a will had been made in their favour.

The Russian Supreme Court has confirmed that courts must carefully examine whether the heir knew or should reasonably have known about the opening of the inheritance.

In one case, the Supreme Court held that the lower courts should have considered the fact that the heir became aware of the will only many years after the deceased's death. The Court emphasized that these circumstances may be legally significant when deciding whether the missed deadline can be restored.

Although such cases are relatively uncommon, they demonstrate that a substantial delay does not automatically prevent an heir from protecting their inheritance rights.

For heirs permanently residing outside Russia, missing the deadline is not unusual. Typical reasons include:

• learning about the death of a relative only after a significant delay;
• being unaware that the deceased owned property in Russia;
• delays in obtaining foreign documents;
• practical difficulties in travelling to Russia.

In many cases, these issues can be addressed through a representative acting under a power of attorney.

I advise foreign citizens and Russian nationals living abroad on inheritance matters involving Russian property.

Depending on your circumstances, I can assist with:

• assessing whether your inheritance rights can still be protected;
• determining the most appropriate legal strategy;
• collecting and analysing evidence;
• preparing court documents;
• representing your interests before Russian courts;
• assisting with the inheritance procedure after a court decision has been obtained.

You may also find these guides helpful:

• Accepting an Inheritance in Russia
• Is There an Inheritance Tax in Russia?
• Cross-Border Inheritance: Property, Heirs and Documents in Different Countries.

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