The six-month deadline for accepting an inheritance is one of the strictest procedural deadlines in Russian law. Many heirs believe that ignorance of a relative’s death automatically justifies having it restored. This is a common misconception that the Supreme Court consistently corrects.

What the Law Says

Under Article 1154 of the Civil Code, an inheritance must be accepted within 6 months of the estate being opened (i.e., from the date of death). If this deadline is missed, the heir may apply to court for its restoration.

A court will restore the deadline if the heir did not know and should not have known of the opening of the estate, or missed it for valid (уважительные) reasons (Article 1155 of the Civil Code). The list of valid reasons is not exhaustive, but established practice has considerably narrowed it.

The Supreme Court’s Position: Ignorance of Death ≠ Valid Reason

Supreme Court Ruling No. 46-КГ20-28-К6

The heir argued that they had not maintained contact with the deceased and had not known of their death. The first-instance and appellate courts restored the deadline. The Supreme Court overturned those decisions.

The Supreme Court’s position: the mere fact that the heir did not know of the death is not a valid reason for restoring the deadline. It is necessary to prove that the heir was objectively unable to learn of the death — due to circumstances beyond their control.

Supreme Court Ruling No. 5-КГ25-51-К2

The Supreme Court confirmed the same position. “Unwillingness to maintain contact with relatives” was expressly identified as a circumstance that does not give rise to a right to have the deadline restored.

Why This Matters

Many heirs live in other cities or countries, or have lost touch with part of the family. Learning of a death years later, they assume: “Since I didn’t know — the court will restore the deadline.” In practice, this is not so.

Courts distinguish two fundamentally different situations:

1. The heir could not have known:

Was on a lengthy expedition or assignment without communication
Was seriously ill in a way that deprived them of legal capacity
Other exceptional circumstances where the information was physically inaccessible

2. The heir did not know, but could have:

Chose not to maintain contact with relatives
Lived in another region but had stopped communicating
Found out by chance years later

The second scenario is not a valid reason. This is precisely what the Supreme Court consistently rejects.

What Courts Actually Recognise as Valid Reasons

Based on analysis of Supreme Court and regional court practice, the following reasons are genuinely accepted:

Serious illness supported by documents (hospitalisation, inability to independently approach a notary)
Minor heir deprived of information about the estate opening through the fault of their legal representatives
Residence abroad with no ability to enter Russia due to objective circumstances (quarantine, military operations, entry ban)
Being misled by other heirs about the fact of the death

What to Do If the Deadline Has Already Passed

Option 1: Out-of-court restoration If all other heirs who have already accepted the inheritance give written consent to including you, the notary can re-register the documents without going to court. This requires the consent of all heirs who have already formalised their rights.

Option 2: Court proceedings A claim to restore the deadline is filed in the district court at the place where the estate was opened. The period for going to court: 6 months from the moment the heir learned or should have learned of the opening of the estate. Missing this period makes restoration impossible.

When going to court, it is critical to:

Prepare evidence explaining why it was objectively impossible to learn of the estate opening in time
Go to court immediately upon learning of the death — do not delay
Support the validity of the reasons with documentary evidence

Option 3: Acceptance through a representative A heir who cannot personally approach a notary may do so through a representative under a notarially certified power of attorney.

Practical Advice

If you have learned of a relative’s death — do not delay approaching a notary. Every day of inaction makes the situation worse: the deadline runs, the property may be disposed of, other heirs formalise their rights.

If the deadline has already passed — immediately collect documents proving the validity of the missed period and go to court. Delay after learning of the death will be interpreted against you.

Frequently Asked Questions

What evidence does a court accept that you “could not have known” about the death? Courts accept: prolonged hospitalisation with no ability to communicate, residence abroad with an objective inability to enter Russia (quarantine, military operations, entry ban), and being actively misled by other heirs who concealed the death. Choosing not to maintain contact with relatives, living in another region, or learning of the death by chance years later — none of these are accepted.

Is there a deadline for filing a court claim to restore the inheritance deadline? Yes. The claim must be filed within 6 months of the moment you learned or should have learned about the estate opening. Missing this second deadline results in the court refusing without examining the merits. Act immediately upon learning of the death — do not wait.

If the court will not restore the deadline, is there any other path? Yes — out of court. If every heir who has already accepted the inheritance gives written consent to include you, the notary can re-register the documents without court proceedings. All accepting heirs must consent; if even one refuses, only a court can provide relief.

Read Also

Inheritance disputes are sensitive to deadlines. If the situation is non-standard — seek advice before making any decisions, and certainly before filing a claim.

Not Knowing About a Death: Inheritance Deadline Still Runs