Memorial prayer for six months. What does six months after death mean?

Death loved one It is always difficult and painful. However, despite the grief, one should also remember legal side question. It is extremely important if you have rights to an inheritance (will, first-degree relatives) to formalize them on time. Otherwise, you may lose everything that is due to you by law as a close relative of a deceased citizen.

When does an inheritance open and what needs to be done in the first six months after death? What actions should be taken to receive an inheritance? What to do if, for good reason, the legal successor did not have time to arrive to receive his legal right?

From what moment does the inheritance open?

According to Article 1114 Civil Code Russian Federation, the start date of the inheritance period is considered to be the moment:

In the second case, this may be a specific date established during the proceedings or the day the court decision enters into legal force. Only after receiving a court order declaring him dead will relatives be able to claim the property of the missing citizen.

By law, it is customary to count 6 months from this legal moment. It is required for the emergence of property claims of legal successors or waiver of them. The date of death must be confirmed by a death certificate issued by the civil registry office.

What actions need to be taken within the allotted 6-month period?

Citizens are given 6 months to submit documents for inheritance. During this time, you need to prepare a package of papers and submit them to the notary’s office. The allotted period is usually enough to complete all the necessary documentation.

First, all heirs need to visit a notary at the place of residence of the deceased or the location of his property. Who inherits first if there is no will? The priority of the right to accept inheritance is established according to the relationship with the deceased (spouses, children and parents).

According to Russian legislation, only one notary can handle an inheritance case.

To do this you must provide:

An application for acceptance of inheritance is drawn up in the following form:

Having received all the necessary papers and making sure that they are in order, the notary must open the inheritance case. The legal successors will have to collect other papers, a list of which will be issued by the notary depending on the property base of the testator.

During this time, you should try to find the will. If it was compiled by the deceased during his lifetime, then the register contains a record of his registration. Any notary to whom you contact with this request will be able to find it. If there is no will, then the right of inheritance is transferred in order of kinship.

During this period, an employee of the notary office draws up a certificate of the right to inheritance. The inheritance file will be kept by a notary and is subject to mandatory registration. In order for the entire legal procedure to be successful, it is necessary to know the exact place of the last registration of the deceased and submit the documents to the right notary.

A certificate of inheritance will be received after the specified 6 months. Subsequently, the heirs have the right to receive property that was transferred to them from the deceased citizen.

You can obtain a new certificate of ownership of real estate, close bank accounts and perform other required operations. The relatives of the deceased cannot do this before the legal deadline. No factors can influence the acceleration of the process of inheritance.

Why a notary can refuse inheritance:

• an incomplete set of papers was provided;
• appeal late entry into inheritance;
• the heir is not specified in the will or there are no grounds for inheritance by kinship;
• The case is being handled by another notary office.

Is it possible to enter into an inheritance before the expiration of 6 months?

If the heir provides reliable information to the notary's office that there are no other heirs besides him (or several applicants), then the notary has the right to issue a certificate before the expiration of the 6-month period.

Reliable data in this case are any documents issued by authorized bodies (death certificate, certificate from the registry office). Let's assume that the heirs of the first priority are the testator's spouse, children and his parents. If the spouse presents the above documents (certifying the death of the testator’s parents, as well as confirming the absence of children), then the notary has the right to decide to issue a certificate earlier than the normative period.

Six months have passed long ago - what to do in this case?

There are situations when heirs do not know about the death of a relative, are seriously ill, or have other valid reasons. In this case, the law allows you to declare your claims to the inheritance after the end of the 6-month period. The process of restoring property claims will be more difficult and lengthy, since, most likely, you will have to prove your case in court.

Keep documentary evidence that you were informed late about the death of the testator and you were in the dark all this time. This could be a letter, correspondence on a social network, a printout of phone calls, witness statements, etc. If you were in a medical institution for treatment, provide the court with certificates about this. These circumstances of the impossibility of contacting a notary earlier will play a role important role in litigation.

How can I enter into an inheritance after 6 months?

After the expiration of the prescribed period, the law allows you to act in two ways:

A settlement agreement is a civilized way to resolve an inheritance issue, but in practice, litigation is more common. This is understandable: if the heirs have already assumed their rights and are actively using the received property, they simply will not want to share the received property.

There is no statute of limitations for such cases. If you recently found out that your grandmother died 10 years ago, then you can claim an inheritance. However, once you have become aware of this, you will only have three years to contact a notary and take the case to court.

Another case when relatives can prove their right to inheritance in court. We are talking about actual entry into inheritance. For example, after the death of a woman, her adult children remained to live in the apartment, paid utility bills, monitored the condition of the property, etc. However, there was no appeal to a notary. This situation is considered an actual entry into inheritance. That is, the documents are not legally drawn up, but in fact the use of the property of the deceased occurs.

Receiving an inheritance through court

If time is lost and you were unable to reach an agreement with other heirs, the only way out is a statement of claim to restore the deadline for filing inheritance documents.

The statement of claim should be filed with the district or city court at the place of residence of the plaintiff or at the location of the real estate. When there are several properties, you can file at the location of one of them.

Sample statement of claim:

The following information must be included in the claim:

The court will definitely take into account the reasons why you were unable to contact a notary on time, so stock up on supporting documents. Valid reasons are:

• being in another country;
• long business trip;
• lack of information about death;
• serious illness and hospital stay.

If you knew about the need to contact a notary, but did not do so within six months, your claim will be denied. Reasons related to lack of time due to work or forgetfulness are not considered valid. In this case, the law will consider that you voluntarily renounced the inheritance without appearing before the notary to obtain the right to it. If the decision is positive, the court will decide to consider the date of your inheritance as the moment when you actually learned about the death of a relative. The court will make a decision in favor of the plaintiff only under one circumstance - none of the other heirs applied to formalize the right to this property. If other relatives have entered into an inheritance, it is considered accepted, that is, legally belonging to these persons. It will not be possible to sue the apartment; the law will be on the side of the relatives who entered into their rights in time.

After satisfying the plaintiff’s demands, you should contact the notary conducting the case and submit the court decision. Based on this document, a new certificate of inheritance is issued and shares are redistributed between the heirs.

Receiving an inheritance without court

The law allows a relative to appear to enter into an inheritance without trial by concluding a settlement agreement with others who have entered into rights to the property. It is drawn up by a notary and signed by all parties personally.

Afterwards, the notary includes the new heir in the new certificate of inheritance. The previously issued document is canceled and no longer has legal force.

Results

So, let us highlight the main features of registration of inheritance rights after the death of a relative:

• be sure to go to the notary within 6 months after the opening of the inheritance (the one who is handling this matter);
• collect all necessary documentation, including property and cash deposits;
• it is impossible to receive an inheritance before the expiration of six months;
• You can become a legal successor after 6 months by settlement agreement or through court, but only if your absence is caused by compelling reasons;
• upon actual use of the inheritance, the right of ownership will be transferred to you only if none of the relatives laid claim to it within the period established by law.

In order not to be late with entering into inheritance rights, you need to know from what moment the countdown of the six months allotted by the state begins. This period is regulated by Article 1154 of the Civil Code of the Russian Federation.

Article 1154 of the Civil Code of the Russian Federation. Deadline for accepting inheritance

• The inheritance can be accepted within six months from the date of opening of the inheritance.

  If an inheritance is opened on the day of the expected death of a citizen, paragraph 1 (Article 1114), the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead.

• If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.
• Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of this article.

On the day on which the testator died, the first day of the allotted period will begin. The date of death will be stated in the certificate issued by the civil registry office. Six months after this moment, the heirs enter into inheritance rights.

In some cases, install the exact date death is not possible. This applies to cases where a person has gone missing or died under special circumstances that cannot be determined. These cases are decided by the court, that is, on the basis of a resolution where the date of death will be named and the first day of the period established by law will be considered.

Possibility to do this earlier than six months

It is impossible to obtain a document establishing the right of ownership of property passed by inheritance before the expiration of a period of six months. This deadline was adopted by the state not without reason. Within six months, the notary contacts the heirs and invites them to appear to write the appropriate application.

Important! Only after six months, persons who have timely declared their rights can receive the inheritance due to them. Therefore, the waiting rule is unchanged and has no exceptions.

Application procedure

The basic rules for applying for a granted inheritance are described in Article 1153 of the Civil Code of the Russian Federation. The first action that a relative hoping for an inheritance must take is to contact a notary at the place of residence of the deceased person. There he will express his will to accept the inheritance.

Article 1153 of the Civil Code of the Russian Federation. Ways to accept an inheritance

• Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.

  If the heir's application is handed over to the notary by another person or sent by mail, the heir's signature on the application must be certified by the notary, official, authorized to perform notarial acts (clause 7 of Article 1125), or a person authorized to certify powers of attorney in accordance with clause 3 of Article 185.1 of this Code.

  Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. A power of attorney is not required to accept an inheritance by a legal representative.

• It is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:
  took possession or management of inherited property;

  took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
  made at his own expense expenses for the maintenance of the inherited property;

  paid at his own expense the debts of the testator or received funds due to the testator from third parties.

The notary will ask the applicant to perform a number of actions:

It is important to remember that all of the above algorithm of actions must be carried out within six months.

Pre-trial regulation

Paragraph 2 of Article 1155 of the Civil Code of the Russian Federation provides for the entry into the inheritance of a late relative, but this will require written consent from all relatives who managed to accept the inheritance.

Attention! Written agreement must be written in the notary's office by each of the relatives who have already entered into the inheritance. Signatures must be certified by a notary office specialist.

If for some reason a person did not manage to submit an application within six months and enter into inheritance rights, then he can find all the other heirs. If they have no objections to another person’s entry into inheritance rights, then the entire procedure is carried out on a general basis in a notary’s office.

Thus, it is necessary to obtain the consent of other heirs for another claimant to take over the property of the deceased person.

If all relatives have completed applications, then the previously issued certificate of inheritance will be canceled and a new document will subsequently be issued.

If state registration rights has already been completed, then on the basis of a new certificate issued by a notary, appropriate changes will be made.

If the relatives do not give their permission, and the notary also refuses the request of the late heir, then he has only one option - going to court. It is necessary to apply to the judicial authority as early as possible so as not to delay the division of the inheritance.

Statement of rights in case of missing a deadline

In order to apply to a judicial authority to restore the deadline for entering into inheritance rights, you must have a written refusal in hand from a specialist in a notary’s office. In it, the notary will indicate the reason for the refusal to prepare documents and issue a certificate.

Important! If the heir has compelling reasons that he can document, then the court will take his side and extend the period set by the state.

What do we have to do?

Before participating in the trial, the late relative will be required to provide a full package of documents, which he must present. It includes:

• identification card of the applying citizen, as well as a photocopy of it;
• death certificate of the property owner;
• if we are talking about an inheritance without a will, then documents will be required that can confirm the degree of relationship between the deceased and the person applying;
• refusal issued by a notary;
• a receipt confirming payment of the state duty.

Proof

In court, in addition to basic documents, it will be necessary to present all kinds of evidence good reason to miss the deadline set by the state. If a person could not appear before the notary earlier, then the court will most likely make concessions to him and extend the period for entering into an inheritance. To evidence that can decide the outcome of a case in positive side, include:

Contacting the authority

When applying to a court, a prerequisite is to write. This claim must contain the following information:

• the name of the court to which the statement of claim is sent from the applicant;
• description of information known about each heir;
• information about the relationship between the deceased and the relative filing the claim;
• a request made to the court to provide Extra time to enter into inheritance;
• indication of the reason for missing the established six-month period.

Reference! In such a judicial appeal, the late heir will act as the plaintiff, and the defendant will be relatives who managed to enter into inheritance rights, or representatives of municipal authorities, if the property was transferred to them.

Consideration of the case

After the documents have been submitted and the claim has been written, the court verifies the authenticity of the papers and contacts the notary who handled this inheritance distribution.

During the court hearing, all the details of the case will be clarified and a decision will be made. Thus, by a judge's decision, the order of distribution of property can be changed and certain shares can be assigned.

Video about the features of restoring the term of inheritance through the court:

State duty and other expenses

The amount of the collected state duty is determined by paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation and can range from 400 to 60,000 rubles. The final amount will depend on the cost of the claim, that is, on the amount of the inheritance.

Reference! In addition to the state fee, the plaintiff often uses the services qualified specialist in the field of jurisprudence. This is necessary in order to draw up a competent claim document when submitting it to a judicial authority.

Sometimes the plaintiff uses the assistance of a lawyer participating in the trial, who, like a lawyer, charges a fee for his services.

Complaints when losing

According to Article 320 of the Code of Civil Procedure of the Russian Federation, a decision made by a court can be appealed in the prescribed manner.

Article 320. Right of appeal

• Decisions of the court of first instance that have not entered into legal force may be appealed on appeal in accordance with the rules provided for by this chapter.
• The right to appeal a court decision belongs to the parties and other persons participating in the case. The right to bring an appeal belongs to the prosecutor participating in the case.
• Persons who were not involved in the case and whose rights and obligations were resolved by the court also have the right to file an appeal.

If the court made a decision not in favor of the plaintiff, then he has the right to appeal it. The appeal must take place no later than the date the decision enters into legal force. The complaint is submitted to a higher judicial authority.

Reinstatement due to ignorance of death

It often happens that a relative did not suspect the death of the owner who left behind an inheritance. This may be due to the fact that people did not communicate long time or were in different cities of residence and did not keep in touch. Evidence of such a situation may include testimony from witnesses.

The court will carefully examine each such fact of appeal from relatives. If a niece living a thousand kilometers away deceased grandmother, learned about her death, but the deceased’s sisters, living on the next street, were not informed for a long time, then this fact may alert the court. Such cases are checked for the fact of concealment of death, and as a result a decision is made.

Conclusion

Missing the deadline established by law to contact a notary is not a cause for serious concern. In most cases, relatives try to resolve the current situation and meet the heir who is late in time. If such mutual understanding does not occur, then the court disposes of the matter.

Commemoration of the dead should take place according to Christian traditions. Everyone knows that there are obligatory dates for this, but whether the commemoration is done for six months or not is a question for many. The constant dates for commemoration are: the second day after burial, the ninth day after death, the fortieth day, for a year.

We remember regardless of the dates

But most people have a question about whether it is necessary to organize a wake for six months after death. And how to properly organize a remembrance, often loved ones do not know and turn for advice to old people or clergy, who will certainly tell you what should be done in this case.

The fact is that Orthodox people must remember the deceased, regardless of the dates and periods from the day of death, it is customary, according to church canons, to pray and visit the temple, leaving notes or ordering prayer services. This must be done before starting Divine Liturgy, since during the service the clergyman at a certain moment reads out all the names of the people who are indicated in the notes, he says prayers for the peace of their souls in the Kingdom of Heaven.

Notes are submitted not only in ordinary churches and temples, but also in monasteries and Lavras; it is believed that the more and longer they pray for the deceased, the easier it will be for his soul.

It is worth finding out in advance how to properly submit notes and what services are available for this so as not to make mistakes.

Rules of remembrance in church

In order to remember in church, you need to come in advance before the service and write notes with the names of the deceased. The Church does not set dates or restrictions on dates and terms, since remembering people who are no longer in this world, according to church rules, is obligatory and even necessary every day in your prayers.

Exist certain rules, according to which funeral lists can be submitted, the fact is that Orthodox Church can only remember baptized people in his prayers; he can pray for people of other faiths in his heart and soul. It is also worth knowing that you cannot remember people who have passed away on their own; they are buried without church ceremonies and funeral services. Otherwise, there are no prohibitions, the priests say that you need to remember as many of your ancestors and relatives who are in the other world as possible, by doing this a person not only does good for them, but also for the whole family.

So, at six months it’s still worth coming to church and holding a service, after which you can order a prayer service for the remembrance of the dead and submit a note with the name. It is worth remembering that in the note names are written strictly in genitive case. Even if you came to order this prayer service for the sake of one person, then it is still worth writing in the note all the deceased relatives and friends.

It is also worth ordering the “magpie for the deceased”; these are certain prayer rules that the clergy will read for forty days. Notes can be submitted to different temples and at the same time, this will only enhance their effect and power. They pray at home during this period, if you don’t know how to do it, then the right decision do not undertake prayerful feats on your own, but with the blessing of the priest. If the priest gives a blessing, then at home you can read the psalter and special prayers every day, which the priest will tell you about.

Of course, in order for prayer to come from a pure heart and have great power, it is worth taking the sacrament yourself, but only after adequately preparing for this event. Before this, it is necessary to fast for three days and complete morning and evening routines. prayer rule, in addition, read the three canons and the procedure for Holy Communion. All these rules and detailed recommendations are in every prayer book; the main thing is to begin this task with peace of mind and good intentions.

Nowadays pilgrimage is very developed, and many people have great opportunity visit different holy places; in many temples they collect notes and deliver them to a sacred place by a certain date, where they will be read.

When coming to church, you should know that candles for the dead are placed only in a certain place. If you look carefully, you will find a large crucifix of Jesus Christ in the church, and next to it a flat candlestick with a large number of cells for candles; other options are possible, but this is the more common type.

In many churches there is a printout nearby with a prayer that should be said at the cross and lighted a candle.

Many churches have a special funeral table, people put food on it for remembrance. This could be bread, cereals, fruits, cookies and candy. In monasteries, this food goes to the kitchen, where a meal is prepared for parishioners, and if these are monasteries, then for pilgrims.

How exactly to remember at six months

On a certain date in the morning you need to visit the temple, defend the service and submit a note. It is worth leaving food items for remembrance. If possible, then after the Divine Liturgy you need to order a memorial prayer service. You should definitely light a candle and quietly pray from the bottom of your heart for the deceased, you need to say the words to yourself and you can say them in your own words. The main thing is not eloquence, but the essence and purity of thought and prayer that is addressed to God. This will help you to quench your sadness and sadness a little; such prayers allow you to feel the soul of your loved one and gain a certain peace.

After visiting the church they go to the cemetery. You need to light a candle at the grave, so that the light does not go out, it is better to purchase a special lamp in advance in which the candle is placed. You can leave cookies and sweets at the grave to random people could remember. It’s still not a good idea to host a meal at the grave yourself; the custom involves leaving funeral products at the grave. The clergy always say that the main thing is prayer, not food, and especially not in the cemetery. There is a place of peace and quiet, where you can only mourn and pray.

Often they arrange a memorial dinner in a cafe or at home, inviting people who knew the deceased and remember him kind words. As a rule, people come in the first half of the day, and the meal itself does not drag on for a long time. The range of dishes should be restrained, in other words, it’s still not worth throwing a feast.

You can prepare the deceased’s favorite dishes for the table, but the rest of the menu has classic look, this is the first, second, salad and without fail for each of the guests they put a pie and sweets with cookies on the table. This is a fairly old custom; pies are used to commemorate people after death on the ninth day and on subsequent dates. But after the funeral has taken place, on the second day, the relatives of the deceased bake flatbreads, pour honey on them and distribute them to neighbors and relatives who knew him well. This tradition has been preserved since ancient times, when people did not buy pies and donuts, but baked them themselves.

Before the meal, you must read a prayer and taste three spoons of kutya, and after that you can start eating.

Some people know in advance how many people will be at the dinner and prepare memorial envelopes for them. This is a small set consisting of cookies and sweets, the quantity is determined by everyone independently, but, as a rule, it is a couple of cookies and the same amount of sweets. It is worth remembering that if six months fall during fasting, then the dishes must necessarily be lean.

There is no need to worry or be upset about this, since there is big choice lean and quite tasty dishes.

Meat dishes are replaced by fish, but the rest of the menu remains unchanged. If six months falls during Lent, then you can commemorate either on Saturday or Sunday. Wednesday and Friday are considered permanent fast days; on these days, dishes should not contain meat products.

The church does not approve of commemoration with alcoholic drinks at all. It is advisable to have non-alcoholic drinks on the table.

Dishes on the funeral table

Kutia is an obligatory dish on the table; it is made from millet or rice. Place it in small bowls, each for 2-3 people. Before you start eating, you need to eat three spoons of kutia. This tradition has its roots in ancient times, when Christian traditions were just beginning.

Prepare kutya from wheat as follows:

1. The cereal is soaked in water overnight. Early in the morning the wheat is cooked until tender.
2. When the cereal is ready, season it with honey and add raisins.
3. Raisins should be soaked in hot water for a couple of hours before adding to kutya.
4. The dressing is made from warm boiled water and honey.
5. Kutya should not be too liquid or thick.

In addition to the traditional funeral kutya, compote or jelly, as well as pies baked in the oven, are obligatory.

The main menu consists of a first course, most often borscht. This dish can be either lean or meat, it all depends on the time of remembrance.

Second courses are usually mashed potatoes and meat gravy. From meat dishes prefer cutlets or chops. For Lenten menu Goulash can be replaced with baked or fried fish.

The rest of the menu is at your discretion. For example, the salad served can be meat, fish or vegetable; some people prepare two types. For appetizers, you can make spring rolls or pita rolls. You don’t need to put a lot of snacks, two types are enough, two salads and slices with cheese and sausage.

If the wake is held in a cafe

Today many people prefer funeral dinners to be held not at home, but in a cafe where there are funeral tables. In such establishments, the menu has already been carefully compiled, and if desired, it can be slightly supplemented and changed in your opinion.

The cafe offers two types of menu, Lenten and classic. When ordering lunch in a cafe, you need to agree in advance on the time and number of guests; many people order dishes with a reserve, as there are different situations. The fact is that previously everyone who wanted to honor the memory of the deceased came to the memorial meal, but today this tradition has changed a little; people, as a rule, do not come without an invitation.

Still, it is important to remember the deceased first of all in church; special attention should be paid to this.

For Christians, it is very important to order a prayer service for the soul of the deceased in the church on the day of remembrance and go to the grave, where a lamp is lit in memory of the person.

Very often there are small chapels on or near the cemetery where you can light candles and leave notes. In addition, priests often agree to hold a prayer service directly at the grave of the deceased; this is considered a good tradition, where the priest mentions not only the name of the deceased, but also those who are buried nearby.

It is worth commemorating not only on certain dates, but also every day in your prayers, this will help preserve the warm and bright memory of a loved one and gain peace of mind and some consolation for my loss.

And eternal shelter. Funeral service Orthodox traditions, arranged on the 3rd, 9th and 40th day. And then for six months and the anniversary of his death. This is done so that the deceased person can calmly meet with the Lord and find peace. How to remember six months from the date of death? This question arises before many people, since not everyone remembers the 6 months of a person’s repose.

As a rule, a wake is, first of all, prayers and memories of everyone good deeds deceased. In order to make it easier for the soul to be in the world of the dead, you need to turn to intercessors with prayerful speeches, then the Lord will help ease the torment of sinners.

1. As soon as six months have passed since the death of a person, you should get up early and light a candle or lamp in front of the image. Place a photograph of the deceased next to it. Calmly pray for the salvation of your soul.
2. Come to church before the service begins, buy a candle and light it for the repose of your soul.
3. It is best to order a special ceremony by submitting a note with the name. Listen to the entire liturgy from beginning to end.
4. It is advisable that the person commemorating himself performs the sacrament. From prosphora, a special loaf of bread, 2 pieces are taken, which symbolize life and death.
5. Take another candle in advance and visit the grave of the deceased. Although many believe that this is not necessary.
6. Light a candle and place it on the grave.
7. Have breakfast with the soul of the deceased. Taste some of the food you brought with you and place some on the grave mound. It is believed that the soul of the deceased is nearby and will be pleased to be with you. Remember that if the date falls during Lent, you can only eat plant foods.
8. Pray in front of the grave and invite everyone who came with you to the funeral table.

Before sitting down at the table, it is necessary to perform a litiya (funeral service). If there are no clergy among the invitees, anyone can read the prayer Orthodox man. Then everyone who participates in the commemoration must say “Our Father...”.

Decorate the table with twigs coniferous trees and tie mourning ribbons. Place a photograph of the deceased on the table.

Next, you should serve the first dish - sweet kutya. It is made from boiled white rice with the addition of honey, raisins or nuts. Sometimes rice is replaced with wheat. The prepared kutya must be blessed in the church or sprinkled with holy water.

Proceed to the main meal. You should behave decently at the table. You need to eat and drink with the obligatory mention of the name of the deceased. You can tell stories about his good deeds in the world, read poems. There is no need to say bad things about a person. Remember that alcohol is prohibited at a wake, even if the deceased himself was a fan of such drinks.

When a new dish is served, the words should be said: “Rest, O Lord, the soul of your Servant...”.

Main dishes for funerals:

• pancakes;
• borscht or mushroom soup;
• buckwheat porridge;
• pies with fish, potatoes, pumpkin, mushrooms;
• jelly;
• compote of dried fruits or berries.

After everyone has eaten, the prayer should be read again. It is not customary to thank the hosts for the prepared dinner.

It happens that it is not possible to assemble a funeral table. In this case, you can take some small things (cups, handkerchiefs, spoons), food and distribute them to those in need with a request to remember the slave (name). Giving alms is very important. In this case, God will be favorable to both you and the reposed soul of your loved one.

Sometimes you can simply put together a table for the poor and old people who need shelter and food, then their prayers will reach the Lord faster.

Remember that Wednesday and Friday are fast days, therefore the menu should be composed only of lean products. If suddenly six months fall during the week of Lent, it is more advisable to move the commemoration to the weekend, Saturday or Sunday.

There are cases in life when the church refuses to remember the dead. Most often, the reason for this refusal is unauthorized death. Suicides cannot have funeral services or be commemorated in church. They are prayed for in a special way. There is even a special akathist for suicides. Voluntary death also includes death from a drug overdose.

Not all Orthodox Christians organize funerals for six months, but it is worth remembering that one should constantly pray for relatives who have gone to another world, then the soul of the deceased will be at peace. After all, prayer is the only way to save the soul, and someone who has already passed into another world cannot do this, so only family and friends can help sincerely and truly.

How to remember six months from the date of death is a purely personal matter. But all Orthodox Christians need to follow the basic rules of commemoration and know how to set the funeral table.

Sometimes the death of a loved one comes unexpectedly, suddenly. Due to a combination of life circumstances, the heirs do not have time to enter into an inheritance within the six months allotted for this by law.

And it happens that the heirs do not know at all about the death of a relative. And they don’t even realize that the inheritance has already been opened, and the 6-month period for entering into it is expiring...

Is it possible to extend the missed deadlines and prove the right to receive inherited property? The law answers this question positively. True, you will need to prepare necessary documents and perform the necessary procedural actions. Well, what could we do without it?

Start of counting the 6-month period - opening of inheritance

When does the 6-month period for entering into inheritance rights begin? The countdown begins from the day of opening of the inheritance, which coincides with the day of death of the testator. This date is indicated on the death certificate issued by the civil registry office.

It happens that the date of death is unknown. For example, if a person went missing or died under unknown circumstances. Then it is necessary to go to court to determine the date of death - based on the available information about the person. From the date determined by the court, the countdown of the 6-month period for entering into inheritance begins.

Procedure for entering into inheritance within 6 months

During the 6 months allocated by law for entering into an inheritance, the following actions must be completed:

1. Contact a notary with a statement of intention to enter into inheritance rights. The application is drawn up in free form, indicating basic information about the testator, heirs, and inherited property.
2. Prepare a package of documents confirming the data specified in the application (about the testator and heirs, about the property to be inherited) and indicating the applicant’s right to inherit. Such documents are:

• heir's passport;
• death certificate of the testator;
• certificate from the housing organization (about the last place of residence of the deceased);
• a certificate from the Department of Internal Affairs regarding the deregistration of the deceased at the last place of registration;
• a document confirming the relationship or marriage between the testator and the heir (marriage certificate, birth certificate);
• title documents for property owned by the deceased;
• technical documents for property;
• documents confirming the estimated value of the inherited property;
• fee payment receipt;
• other documents requested by the notary.

1. After 6 months, visit the notary again and receive a completed Certificate of Inheritance. This can be done at any time after the expiration of the six-month period, the main thing is to submit the application and the necessary documents on time.

And before? Is it possible to enter into an inheritance before 6 months?

Is it possible to enter into an inheritance before 6 months?

Only after the expiration of the 6-month period can you obtain a Certificate and register your property in government agencies- that is, to become the full owner of the inherited property. This cannot be done before the expiration date. Neither the high or low value of the property, nor the speed of collecting documents or the frequency of visits to the notary’s office affect the moment of inheritance.

What is needed to enter into an inheritance after 6 months?

As mentioned above, it is necessary to declare your intention to enter into inheritance rights (that is, submit a corresponding application to a notary) within 6 months from the date of death of the testator. Within 6 months - must be completed necessary actions and collect documents. After the 6-month period, you can pick up your Certificate.

But there are cases when heirs first contact a notary’s office six months after the death of the testator. The reasons for missing a deadline can be different - from simple ignorance about the death of a relative to a serious illness that does not allow you to visit a notary.

Is it possible to enter into inheritance rights in such circumstances? The law says it is possible. True, the duration of the procedure will be much longer, and the procedure itself will be more complicated. Interpersonal difficulties are added to the procedural difficulties - in some cases it is necessary to negotiate with other heirs who entered into inheritance rights on time and, perhaps, are already using the inherited property.

There are several ways to enter into inheritance after 6 months - judicial and extrajudicial. Let's take a closer look at each of them.

Method number 1. Receiving an inheritance through court

You will need to file a lawsuit if:

• Heir for good reasons did not apply to the notary's office in a timely manner (within the 6 months established by law).

You need to file a claim with the court to restore the deadline and provide documents confirming good reasons for missing the deadline. If the reason for missing the 6-month period was truly valid, this must be proven in court.

The statement of claim contains the following information:

• name of the court where the heir applies;
• information about the plaintiff (that is, about the heir) - full name, registration and residence address, contacts;
• information about the defendants (that is, about other heirs who have already entered into inheritance rights);
• information about the testator (full name, date of birth and death, place of last residence and registration), about the opening of an inheritance, about the inherited property to which the plaintiff claims to join;
• valid reasons for missing the 6-month period established by law, link to supporting documents;
• request for restoration of the deadline;
• list of applications;
• date of filing the claim;
• signature.

The statement of claim must be accompanied by documents that confirm all the specified information (identity of the testator and heirs, order of inheritance and family ties, inherited property, proof of valid reasons for missing the deadline).

During the trial, it will be clarified why the heir did not timely declare his intention to enter into inheritance rights.

The following will be considered valid reasons:

• stay abroad;
• serious illness, stay in a medical facility;
• lack of knowledge about the death of a relative;
• other reasons.

If the court recognizes that the reasons for missing the deadline are valid, it will extend it. The countdown for entering into inheritance rights will begin from the day when the heir returned from abroad, completed treatment in a hospital hospital, learned about the death of a relative, etc.

If during the trial it becomes clear that the heir knew about the death of a relative, but did not contact the notary in fixed time without valid reasons (“there was no time”, “there was a lot of work”), the claim will not be satisfied. Missing a deadline will be considered as voluntary refusal from inheritance rights.

• In fact, he entered into an inheritance, but did not contact the notary’s office to register it.

You will also have to go to court if the 6-month period is missed not for good reasons, but in connection with the actual entry into the inheritance.

For example, the heirs were registered at the same address as the testator, lived with him, ran a household together, and used common property. After the death of the testator, they did not contact the notary, but carried out actions that indicate the actual acceptance of the inheritance: they paid the bills of service organizations, made repairs.

If, within 6 months from the date of death of the testator, at least part of the property belonging to him was accepted, all of the property is considered accepted.

To obtain documentary evidence of this, you need to go to court with a claim for actual acceptance of the inheritance.

The statement of claim must indicate information about the testator and heir (by will or by law, order and family connection), on inherited property, on actual entry into inheritance rights. The statement of claim must be accompanied by the main documents (the plaintiff’s passport, the testator’s death certificate, an extract from the house register, technical and cadastral documents for the property) and documents confirming the actual acceptance of the inheritance (receipts for payment of bills, contracts with repair teams, checks for the purchase of construction materials). and finishing materials).

Method number 2. Receiving an inheritance without court

Imagine the following situation. There are several heirs. All but one of the heirs entered into inheritance rights on time, and one missed the 6-month deadline. The law allows a “latecomer” to catch up without going to court, but only on the condition that the remaining heirs give their consent to this. Moreover, such consent must be in writing, signed by all heirs in person and certified by a notary. This consent is the basis for canceling the previous Certificate of Inheritance and issuing a new one. There is no need to go to court.

Let's sum it up

The law gives the heirs six months to collect the necessary documents, contact the notary’s office with an application, and pay the fee. After the expiration of 6 months, the notary issues a document confirming the entry into inheritance rights - a Certificate. It is impossible to receive it before this date.