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154 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Ch. vi.
§128.
Admission
of the Heir
to the
succession.
addition to the documents already enumerated, an inventory of the
property left by the deceased, drawn up by himself, or a copy of such
inventory, if drawn up by the local authorities.
If the heir to the property, or his attorney, present himself at
the Consulate in order to assume possession of his inheritance, the
Consul must deliver it to him on the production of a certificate stating
that he has been officially admitted to the right of succession by the
competent judicial authority. The attorney must, besides, produce
a proper power of attorney in his favour from the heir.1 The certificate
just mentioned is granted by the Russian judicial authorities after
the presentation of the death certificate and an inventory of deceased’s
estate, and, as it usually happens that several months must elapse
before the heir is in a position to produce such a certificate, the Consul is
at liberty to hand to him, on deposit and in trust, such of the deceased’s
belongings as are not of especial value, taking a detailed receipt from
him in exchange. This receipt must be annexed to the Consul’s
report of the case.
In the absence of the heirs of the deceased, or of their attorney,
the personal property left must be forwarded to the II. Department
of the Russian Ministry of Foreign Affairs. However, effects which
are of little value, or which are liable to deteriorate in a short time,
or the preservation of which would be too costly, such as garments,
linen, trunks, etc., must be sold by a local public auctioneer, unless
the heirs of the deceased address a request to the Consulate or Legation
involved, to keep these effects, and the amount necessary to cover the
expense of sending such effects to Russia is forwarded in advance.
Articles of small size, and possessing a certain pecuniary or
personal value, such as coins, bank-notes, cheques, shares, jewellery, or
precious stones, must be sent to the aforementioned II. Department.
It possible, money is sent by the ordinary periodical couriers of the
Ministry, or by bank cheques, or, in the case of small amounts, by
postal money orders. Money of Russian, French, German, English,
North American, and Austro-Hungarian currency, must be sent
without being changed ; other currency must be changed into any one
of the aforenamed currencies.
On each packet containing effects left by deceased Russian
subjects, an inspection must be made, stating to what State it belongs,
and to which Consular report it is annexed. For instance :—
" Property left behind by deceased State Councillor X. an annexe
letter No. 234 of the Consulate at N. N."
Such packets must be sent by goods train and not by passenger
train, or as passenger luggage.2
If the heirs of a deceased Russian subject are foreigners, the Consul
does not require the production of the confirmation of their title as
heirs from a Russian law court, but he can accept such confirmation
from the foreign tribunal having jurisdiction.
In any case it is his duty to see that the amount of inheritance
tax due to the Exchequer in Russia is duly paid.
1 Cons. Keg., Art. 76.
2 Circular of the II. Department of the Russian Ministry of Foreign Affairs of
6th October 1907, No. 13,290.
§§128, 129.
§129.
Inheritance
Tax.
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