Acceptance of an Inheritance in Russia & the CIS
Inheriting property, bank accounts, or corporate shares in the Russian Federation or other CIS countries (such as Kazakhstan, Belarus, etc.) from abroad presents significant legal and logistical hurdles. As specialists in international inheritance law, the European Law & Financial Group provides comprehensive legal support to secure your assets—entirely without the need for you to travel.
Crucial Rule: The 6-Month Statutory Deadline
Under Russian and CIS civil law, an inheritance must be formally accepted within exactly 6 months from the date of the testator’s death. This is not a deadline to pay taxes, but a strict deadline to file the official declaration of acceptance with the competent local notary. Missing this deadline can lead to the forfeiture of the inheritance to the state or other heirs.
How the Process Works (Without Your Physical Presence)
Many heirs believe they must immediately fly to Russia to manage the estate. This is incorrect. The entire process can be handled remotely through our law firm. You provide us with a formalized Power of Attorney (PoA), which you can issue at a local notary in your country (with an Apostille) or at a Russian/CIS consulate. Armed with this PoA, our local attorneys handle every step on the ground.
Our Step-by-Step Legal Services:
- Opening the Inheritance File: We identify the correct notary based on the deceased’s last place of residence and officially open the inheritance case before the 6-month deadline expires.
- Procurement of Missing Documents: If you lack proof of kinship (birth certificates, marriage certificates, name change records) or the death certificate, we request duplicates directly from the civil registry offices (ZAGS).
- Asset Tracing: We submit official notarial inquiries to major banks (e.g., Sberbank, VTB) to locate hidden accounts, deposits, or safe deposit boxes. We also check the state real estate register (Rosreestr) for property.
- Certificate of Inheritance: After the 6-month period, we obtain the official Certificate of Right to Inheritance from the notary.
- Registration of Ownership: We register your new title to real estate with Rosreestr or transfer corporate shares in the commercial register.
- Liquidation and Repatriation: We assist in selling the inherited property, closing bank accounts, and navigating the current complex financial regulations to transfer the funds to your home country.
What if the 6-Month Deadline is Already Missed?
If more than six months have passed, the notary will usually refuse to issue the inheritance certificate. However, all is not lost. There are two legal pathways to restore your rights, which we regularly litigate in court:
- Reinstatement of the Term: If you had a valid, compelling reason for missing the deadline (e.g., severe illness, or you were objectively unaware of the death), the court can reinstate the deadline. The lawsuit must be filed within 6 months after the compelling reason ceased to exist.
- Establishing “Factual Acceptance”: If you took actual steps to manage, protect, or maintain the deceased’s property (e.g., paying utility bills, taking personal belongings, repairing the apartment) within the first 6 months, a court can rule that you accepted the inheritance “de facto.”
Taxes and State Fees
A frequent question concerns inheritance tax. In Russia, the inheritance tax was abolished for close relatives. You do not pay tax on the value of the inherited property itself. However, there are mandatory state notarial fees (State Duty) for issuing the certificate, which are calculated as a small percentage of the cadastral value of the estate (usually 0.3% for close relatives and 0.6% for others, capped at certain maximums).
Every inheritance case is unique. Let’s discuss yours.
Use our smart intake system to provide us with the initial details of your case. We will evaluate your situation and contact you with a clear legal strategy.