How to seal an apartment

Peculiarities

After the death of the owner, all of his movable and immovable property is included in the inheritance base. It is subject to transfer to heirs according to one of the following options:

1. By will;
2. By inheritance.

In the first case, there is a will in which the owner expresses his desire to transfer the apartment and other property to certain heirs. In the second case, the apartment is transferred to the heirs in order of priority.

To open an inheritance, you should contact the notary in charge of the case. It is important to prove your right to receive an inheritance. To do this, write an application and provide documents confirming the relationship. The decision about who will get the privatized apartment after the death of the owner is made by the notary individually on the basis of current legislation.

Circulation period

Article 1154 of the Civil Code of the Russian Federation determines the possibility of filing an application for inheritance after the death of the owner or a court decision declaring him dead. You have exactly 6 months for this. Applicants for inheritance can apply on the same day. The notary will open the case and begin to draw up documents. But you will only be able to receive the documents in six months. This time is given so that the remaining heirs can claim their rights.

If one of them did not have time to do this and has a good reason, he has the opportunity to restore the deadline. But this is only possible by court decision. You will have to prove a valid reason through documentation. If after 6 months the heirs of the first stage have not declared their rights, the heirs of the next stage are involved. The application period for them is 3 months from the day following the expiration of the first 6 months.

If an unborn child is recognized as an heir, the period of entry into inheritance is extended until the moment of his birth. In this case, documents are submitted for him by legal representatives, who are parents or guardians.

In what case can bailiffs seal an apartment?

At the end of the entire procedure, in accordance with the provisions of paragraph 6 of Article 80 of the Federal Law “On Enforcement Proceedings,” the bailiff draws up an act of seizure of the debtor’s property (inventory of property).

This document, in addition to the bailiff, is also signed by attesting witnesses, the person to whom the bailiff transferred the specified property for protection or storage, and other persons present at the arrest (for example, a local police officer, a HOA employee, etc.).

If any of the indicated persons refuses to sign the act (inventory), an appropriate note is made in it (it).

“The issue of the right to enter a home against the will of the persons living in it is resolved in the Constitution of the Russian Federation itself (Article 25). While proclaiming the inviolability of the home, this norm at the same time provides for the limitation of this constitutional right of citizens in cases established by federal law.

Can bailiffs enter an apartment without the owner?

To the question about whether bailiffs have the right to open an apartment without the owner

, of course, you can answer in the affirmative. However, as existing judicial practice shows, this step is used only in the most extreme cases, when all other methods have actually been used and have not brought the desired results.

However, if the owner of the home believes that the bailiffs should not have opened his apartment, he has a full opportunity to appeal to a judicial institution. In addition to the statement of claim, it will be necessary to submit documentary evidence of the fact of unlawful entry into the house, which was carried out by authorized persons.

Can a bailiff enter an apartment without the consent of the owner?

1. Regardless of whether the owner wants to let in a representative of the state executive branch, bailiffs have the right to visit the apartment during the daytime. This period begins at 6 am and ends at 10 pm.
   Article 35 of the Law regulating judicial proceedings specifies the personal time of the defaulter - these are weekends and night time after 22.00.

   According to the Law, at this time, bailiffs do not have the right to visit the defaulter and enter the apartment in order to seize property without the owner;

2. In order to get into the apartment when the owner is there, the bailiff presents a writ of execution or permission in writing, which is signed by the senior boss (bailiff);
3. A representative of the government, as mentioned above, has the right not only to enter the premises without the knowledge and presence of the debtor, but also to organize the opening of the apartment in the presence of the required number of witnesses (at least two). Draws up an act of acceptance of property, which will subsequently be sold, the money is subsequently transferred to the applicant of the claim.

The bailiff who is conducting the enforcement case has the right to request the data he needs to clarify the financial situation of the defaulter. The data he will receive at his place of work and residence will help him with this. The bailiff has the right to call, if necessary, come to the citizen’s registration address and even enter the residential premises.

What bailiffs cannot describe in an apartment

All property described by bailiffs, the sale of which will be carried out under the direction of a division of the Federal Property Management Agency, will be in the custody of the specified person or with government bodies before the start of the auction. Valuation specialists must determine the value of the seized items if the bailiffs were unable to do this, or the debtor protests the amounts indicated by the bailiffs.

Finding yourself in debt is as easy as shelling pears: late payment of utilities, transport or land taxes, alimony, late repayment of a mortgage or other bank loan. If you were unable to repay the debt voluntarily after it was recognized by the court, you need to prepare to communicate with bailiffs. Including their arrival “to visit” the house.

Seizure of property: what bailiffs can and cannot seize

FSSP employees do not have the right to take away from the debtor the only housing in which he and his family live all year round.

Also, bailiffs cannot seize a plot of land on which a house is located, which is the only place of residence of a person who has a debt to the bank.

An exception is real estate that is pledged to a bank (for example, an apartment taken on a mortgage), or provided to residents under a social tenancy agreement.

In cases where the debtor has several real estate properties, they may be seized, but the amount of the existing debt must be comparable to the value of the real estate. In case of large debts accumulated for utilities, FSSP employees can seize the debtor’s apartment and provide him with living space with a smaller area and less comfortable living conditions.

Which authorities and in what cases can seal an apartment property?

After their death, the originals were required from me. I want to know if I can register in my parents’ apartment after their death so that the apartment remains with me (I lived there for 20. Please tell me whether children can inherit their parents’ apartment after their death if the apartment is privatized only for If one of heirs of the first stage do not declare his pave for the inheritance, after 6 months he loses this I am the heir of the first stage of the property of the deceased father, as well as his mother and wife.

In accordance with the law, the only basis for moving into a residential premises is a warrant. If it is not there, then the person who moved in will be evicted. 5. If the order is declared invalid due to unlawful actions of the persons receiving the order, eviction is also inevitable.

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My sister took out a loan from a bank and cannot pay it back. Registered in her parents’ apartment, which she is not the owner of, and lives elsewhere.

The bank is now constantly calling parents, swearing, threatening... The result is known - transfer of the case to court, court order, seizure of property, etc.

There is no sister’s property in the apartment; parents have documents for almost all the equipment and furniture. In a month we are going on vacation for a month.

I would like to say the following: firstly, in accordance with the Federal Law “On Enforcement Proceedings,” a decision must be made to initiate enforcement proceedings against the debtor (in your case, this is your sister).

This resolution establishes a period for voluntary compliance with the requirements specified in the executive document, not exceeding five days. This resolution must be sent to the parties to the enforcement proceedings no later than the next day after its issuance.

In this case, your sister must receive such a resolution either by mail or in the office of the bailiff.

After this, a period is given for the voluntary fulfillment of the requirements specified in the executive document, and only after this the bailiff has the right to apply enforcement measures provided for in Article 64 of the Federal Law “On Enforcement Proceedings”.

The bailiffs have arrived, what should I do?

If you do not live at the registration address, then write a free-form application addressed to the head of the territorial department, indicating the address of your actual residence, ask to send the case to the actual address, to the local FSSP service, and attach a photocopy of the registration. This application can be submitted personally to the FSSP, or sent by letter with notification by mail.

1. Do not obstruct the passage of bailiffs into your home.
2. Prepare documents for the property.
3. Allow witnesses to closely monitor the process. Bring their attention to violations.
4. Demand that all points with which you disagree be included in the minutes.
5. Behave correctly, do not be rude, and especially do not attack the bailiffs.
6. Sign the acts of inventory and seizure of property.

They usually first describe all the property they see. And relatives have the right in court to raise the issue of excluding their property from the inventory. And only after the court considers these issues, they have the right to seize property, and only that which is indicated in the inventory and is not excluded from it.

Execution on the debtor's property under enforcement documents applies primarily to his funds in rubles and foreign currency and other valuables, including those in accounts, deposits or deposits in banks and other credit organizations. The debtor's funds in foreign currency are levied in the absence or insufficiency of funds in rubles.

What and how bailiffs can describe in an apartment

If a person has only temporary financial difficulties, and in a couple of weeks or months he will have the opportunity to repay the debt without the participation of bailiffs, then he can apply to the court for a deferment.

This must be done immediately after the order comes into force or within 5 days after receiving notice of the commencement of proceedings.

The deferment will provide an opportunity to restore solvency and pay off the debt on special terms without losing property.

The powers of bailiffs extend only to the things and money of the debtor. But what to do if you described the property of relatives who are registered in the same living space as the debtor? The bailiff, most often, does not care who owns the things. If they are located at the defaulter’s registered address, then he has the right to collect everything that is in it in accordance with the law.

1. If the debtor still owns the property or other housing. It could even be a room or share in a communal apartment.
2. The amount that the citizen did not pay is slightly less than the total cost of the apartment.
3. There is a decree from the courts or a notary.

Russians who have debt obligations to the state, banking or credit organizations often ask this question. It still remains open. The new bill provides for the seizure of real estate - even if this is the citizen’s only home. The law has not yet been approved.

Seizure on an apartment: what is it, how and by whom is it imposed, how to find out whether an apartment is under arrest

Such restrictions arise if the alienation of real estate, which includes the arrested share, is expected in its entirety (the entire apartment is sold) or if, after the transaction is completed, the arrested share merges with another, that is, its size changes (for example, a “net” share in the amount of 1/ 3 to the owner of the arrested share (the size is also 1/3), thus, such an owner will have 2/3 of the share in the apartment, and accordingly there will be a control factor of the arrested share (increase), which is not allowed by enforcement proceedings.

You reason correctly and understand the essence of the law, but you should keep in mind one subtlety - arrest is not necessarily the initial stage in the sale of real estate at auction. The seizure simply will not allow you to sell, donate, provide for rent, etc., your apartment until the debt is repaid and the enforcement proceedings are terminated.

Source: https://yrokurista.ru/meditsinskoe-pravo/v-kakom-sluchae-pristavy-mogut-opechatat-kvartiru

Inheritance of an apartment by will

Inheritance by will takes precedence over inheritance by law. If there is a will, the apartment and other property passes to the heir, regardless of the degree of relationship and priority.

But the legislation establishes restrictions in the form of a mandatory share. It is allocated even in the presence of a will in relation to another person to the following categories:

• minors or disabled children;
• disabled parents;
• disabled spouse.

At the same time, they inherit no less than half of the share due to them in the case of inheritance in the order of priority.

The will may contain a so-called testamentary refusal. If we are talking about real estate, this is the will of the testator with a requirement for the heirs to grant a certain person the right to use the apartment indefinitely or for a certain period of time. This right will be retained even if the heirs sell the apartment. It is fixed in the unified real estate registration database as an encumbrance.

Inheritance of an apartment by law

If the will is declared void or there is no will, the property is transferred according to law. This rule is established by Chapter 63 of the Civil Code of the Russian Federation. According to the law, relatives are recognized as heirs depending on the degree of relationship. The order of succession is established.

If there are no applicants belonging to the first line, heirs from subsequent lines are called in order. If someone from one queue refuses to take over, applicants from another queue cannot take his place. In this case, the inheritance is distributed among the members of his queue in equal shares.

There are heirs who become heirs by right of representation. They have the opportunity to claim property if an heir from the previous line died before the inheritance was formalized. Moreover, they must be his closest relatives. They can claim property as a result of the death of an heir from the previous line before the inheritance is formalized. His immediate relatives will inherit by right of representation.

The heirs are included in the following lines:

1. Spouse, children and parents.
2. Grandparents, brothers and sisters.
3. Aunts and uncles.
4. Great-grandparents
5. Great-aunts, grandfathers, granddaughters and grandsons.
6. Cousins, nieces, aunts, uncles.
7. Stepfather, stepmother, stepsons or stepdaughters.

There is another queue, which includes dependents who do not have the ability to work. They can be called upon to inherit from any of the queues. Moreover, they must be officially recognized as such at least 1 year before the date of death of the testator.

Who owns the apartment before inheritance?

» Inherited property October 10, 2020

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Before entering into the right of inheritance, who can dispose of real estate?

Good afternoon After the death of our father, there were 3 heirs (me, brother and half-sister). We will enter into the inheritance only on August 3 (half a year after death), we inherited a one-room apartment. The problem is that the sister of the late father took possession of the keys to the apartment and does not give them to us, arguing that her personal belongings are there (although these are her father’s things), in fact, she rents out this apartment on a daily basis, receiving very good money from it, and utility bills we pay ourselves. What can be done in this situation?

July 11, 2013, 17:34 Nezhnova Oksana, Ekaterinburg

Lawyers' answers (1)

Based on clause 4 of Article 1152 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), an accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to inherited property, when such a right is subject to state registration .

According to paragraph 1 of Art. 1114 of the Civil Code of the Russian Federation, the day of opening of an inheritance is the day of the citizen’s death. When a citizen is declared dead, the day of opening of the inheritance is the day the court decision declaring the citizen dead comes into legal force, and in the case where the day of the citizen’s death is recognized as the day of his expected death, the day of death specified in the court decision.

Therefore, your late father’s sister “took possession” of the apartment unlawfully; she has no right to prevent your access to, possession and use of the premises.

Talk to her first, you can “intimidate” her with responsibility for illegal business (if the activity was carried out without the formation of an individual entrepreneur): administrative, tax and criminal liability is provided, but you need to look and take into account the systematic nature of profit-making, volume and damage.

If you do not agree to hand over the keys and vacate the residential premises, then file a claim with the court to remove obstacles to the use of the residential premises.

Also Art. 1171 of the Civil Code of the Russian Federation provides for the opportunity to contact a notary at the place of opening of the inheritance with an application to protect their rights as heirs. They will take the necessary measures to protect and manage the inheritance.

12 July 2013, 08:37

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Who owns the apartment if no one inherits after the owner’s death?

Hello, my husband's father died 7 years ago. My husband has two more brothers. None of the three entered into the inheritance. The husband was registered in this apartment even before his father’s death and to this day. He is now registered with our one and a half year old son. The apartment was bought by my dad. He and his mother were divorced even before the purchase. The husband did not enter into the inheritance because he was allegedly told that he would automatically enter into it. Question: who will get the apartment and what can be done to ensure that only the husband gets it? And I also heard that after 10 years from the date of the owner’s death, the apartment will go to the person registered in it.

Is it so?

November 16, 2020, 10:02 Ekaterina, Kaluga

Lawyers' answers (4)

If during all these years your husband has made all the necessary payments related to this apartment (payment of housing and communal services, taxes, any repairs), he is truly considered to have inherited the entire inheritance.

As for the brothers, either they missed the deadline for entering into an inheritance (it can only be restored in court), or they also actually entered into an inheritance if they actually use any of the property of their late father (dacha, garage, etc. and bear the costs associated with it) expenses).

16 November 2020, 10:20

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The husband did not enter into the inheritance because he was allegedly told that he would automatically enter into it.

This is called actual acceptance of an inheritance - the second method of accepting it. He ACCEPTED the inheritance.

Article 1153. Methods of accepting inheritance

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

Question: who will get the apartment and what can be done to ensure that only the husband gets it?

Submit to the notary at the place of opening of the inheritance documents about the death of the testator, about the relationship with him, a certificate of cohabitation on the date of opening of the inheritance, an application for the issuance of a certificate of the right to inheritance.

And I also heard that after 10 years from the date of the owner’s death, the apartment will go to the person registered in it. Is it so? Catherine

16 November 2020, 10:24

From Article 1153 of the Civil Code of the Russian Federation

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

From Article 1152 of the Civil Code of the Russian Federation

2. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located.

16 November 2020, 10:27

There are two ways to register ownership of an apartment (enter information in the register):

1. Contact a notary with an application to accept the inheritance. The application must be accompanied by evidence of actual acceptance of the inheritance (receipts for payment of housing and communal services, documents confirming tax payment, contracts for apartment renovation). It is important that the documents are dated 6 months from the date of death of the testator. If the notary considers the actual acceptance of the inheritance proven, he will issue a certificate on the basis of which you will register the right.

2. Establishing the fact of acceptance of the inheritance in court in the manner prescribed by Chapter 28 of the Civil Procedure Code.

16 November 2020, 10:46

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In February of this year, my grandmother died, my dad and uncle are the heirs, in addition to inheritance by law, my grandmother also wrote a will, also for the two of them. They will enter into inheritance only in August, but now it turns out that my uncle has taken the apartment, citing the fact that he has no housing (although he has housing, but for family reasons he cannot live there) and does not allow my father to go there. Among other things, he began to hide documents, saying that a will and a warrant for an apartment were lost. The questions are simple: 1. Is it legal for one of the heirs to live in the apartment without the consent of the other? 2. Does the notary have a copy of the will?

Answers (2)

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If there are only two heirs, then it makes no difference whether to inherit by will or by law. Let your father apply for inheritance. All the same, the will will come to light, or it won’t come to light. The notary may not have this will, since a will can be drawn up by any notary, and the uncle simply hides it. But this circumstance does not change anything. The main thing is not to miss the deadline for entering into an inheritance - 6 months from the date of death.

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seal the apartment before inheritance

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My wife's mother died in March. After her, a four-room privatized apartment was left in Karelia, in which only she was registered. She did not leave a will. At the moment there are three heirs - the wife, her sister, and her brother. I repeat - none of them are registered in the apartment.

Next week the wife will file an application for inheritance. But at the moment there is a problem - within a few days after the death of his mother, his wife’s brother moved with his family from his dorm into this apartment, and began rearranging there, throwing out the things of the deceased, as well as my wife and her sister, started renovations, and in private in conversations he declares that the apartment is now his, and he will do whatever he wants in it.

Is it possible to seal an apartment before inheriting? Heir daughter (me) and mother (of the deceased) - the mother of the deceased rents out illegally

4. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to the inherited property, when such a right is subject to state registration.

1. Acceptance of an inheritance is carried out by submitting at the place of opening 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 or an application from the heir for the issuance of a certificate of the right to inheritance.

Is it possible to live in my husband’s apartment after his death before entering into inheritance? Can't they seal the apartment? wife in not

1 answer. Moscow Viewed 280 times. Asked 2012-11-17 13:21:25 +0400 in the subject Inheritance law The owner of the apartment (husband) died, can they seal the apartment? — The owner of the apartment (husband) died, can they seal the apartment? Further

1 answer. Moscow Viewed 414 times. Asked 2012-11-17 11:59:06 +0400 in the subject Inheritance law Is it possible to register in a house after the death of the father before joining? — Is it possible to register in the house after the death of the father before joining?

Inheritance, inheritance lawyer.

INHERITANCE - belonging to the testator on the day of opening of the inheritance, things, other property (movable and immovable), including property rights and obligations.

Do not confuse property rights and obligations with rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life and health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not allowed by the Civil Code. code or other laws.

Seal the apartment before inheriting

In fact, the notary himself is obliged to explain to the heir exactly what documents the heir must bring to the inheritance case in order to obtain a certificate of title.

Quote: Rustle, after 6 months you will have to take all the certificates again. Kosta. so don't take them in advance. To submit an application for acceptance, certificates are not needed; they are needed at the stage of issuing a certificate of inheritance.

Read also:  Regulations on parking on the territory of the organization

Is it possible to seal an apartment as an inheritance before taking over? Do I need to calculate it?

It is possible to collect alimony in a fixed sum of money in cases where the person is asking for an advance payment. Physical evidence of the crime weapon and objects that are its partners, determining the procedure for assessing rental payments and future obligations.

At least the recipient of alimony. If you want to seal passes at a university or at work, go to our website or click submit an application.

Heirs must pay rent

After my father’s death, my mother and I got his apartment. During my father’s lifetime, no one except him was registered in this apartment. However, after submitting the death certificate to the housing department, we began to receive bills for payment of housing and communal services (with the exception of payments for water and solid waste removal).

Should we pay housing and communal services for the apartment that belonged to our late father for the 6 months that must pass before we become heirs? If so, what services should we pay for?

If you are going to take over, then you are required to pay utility bills, as well as pay fees for the maintenance and repairs of the inherited living space.

Use of inherited property

Answer: In accordance with Art. 1153 of the Civil Code of the Russian Federation Acceptance 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 to accept the inheritance or an application from the heir to issue a certificate of the right to. In addition, 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:

Other interesting questions

Each of the daughters is entitled to 1/3 share along with the wife of the deceased. If the deceased also has parents, then they also receive a share in the inherited property.

My sister and I's father died in 2000. Then, no later than 6 months, we submitted an application to the notary, and the shares were determined. There are three heirs - my sister and I and my father’s wife. Inherited property - apartment. Then we were unable to receive the inheritance, i.e.

Privatized apartment after the death of the owner without a will - inheritance order

How is a privatized apartment inherited after the death of the owner? If the deceased owner did not make a will, the property is distributed legally. That is, close relatives of the testator become applicants for it. Deciding on the composition of the heirs is relatively simple. It is much more difficult to determine the share due to persons, the priority person to whom it goes. The law on inheritance of a privatized apartment provides answers to all questions. It spells out the procedure for the distribution of property rights, rules and deadlines for registration. If the situation is complicated, you need to go to a lawyer.

Composition of heirs claiming to inherit a privatized apartment

The privatized apartment is inherited by will to the person indicated by the testator. However, this document is not always drawn up. It is usually required in cases where the testator does not want to transfer the property to close relatives. The inheritance of the apartment by law will be different. In this situation, the order of applicants for property comes into play. There are eight queues in total:

1. Children, parents and spouses
2. Parents of the testator's parents, his brothers and sisters
3. Aunts and uncles
4. Great-grandparents
5. Children of the deceased's children, great-aunts and grandfathers
6. Cousins, including aunts and uncles, great-grandparents
7. Unadopted children of spouses, stepmothers and stepfathers
8. Incapacitated dependents.

The eighth line of inheritance will have many nuances. Incapacitated dependents may receive property along with any line of heirs. They conditionally belong to the eighth category because only in the absence of the above-mentioned relatives can they obtain rights to property individually, without sharing them with the relatives of the deceased. Is a pensioner a disabled heir? Read more here.

Heirs of a privatized apartment of the first stage have a priority right to receive property. This right is transferred to other applicants only if representatives of the first category are absent or were found unworthy of receiving property through the court.

Most often, during privatization there is no allocation of shares.

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The main nuances of the procedure for entering into inheritance according to the law after the death of the owner: spouse, mother?

Inheriting a privatized apartment after the death of a spouse has its own nuances. If housing is part of common property, before the distribution of shares between applicants, the marital share is allocated. It is 50%. After this, the spouse additionally receives an inheritance share.

Before dividing the common property, no actions can be taken with it, since part of it does not belong to the testator, and therefore cannot be distributed among his relatives. How to enter into an inheritance for a wife after the death of her husband, read here.

Is it necessary to enter into an inheritance if the apartment is privatized? If privatization took place, the property was owned by the person. He has the right to transfer it to his heirs without obtaining additional certificates and permits, and they must go through the inheritance procedure.

Before visiting a notary, applicants for housing need to collect documents. You should contact the registration service to obtain a certificate of the testator’s rights to real estate. Without it, the inheritance registration procedure will be impossible.

Inheritance of a privatized apartment after the death of the mother occurs in the standard manner. However, if the child is a minor, he has the right to receive a mandatory share. In any case, he will receive an inheritance after his mother's death.

How are shares inherited without a will?

Distribution of property is a separate complex issue. Who has the right to inherit an apartment? Everything will depend on the initial situation:

Most often, during privatization there is no allocation of shares. That is, the property is in common ownership. Unless otherwise provided by law, the shares of all owners are equal. For example, 3 people lived in an apartment. That is, the testator had rights to 1/3 of the property. It is this that goes to the applicants for the property.

The procedure for registering the owner's right

The procedure for inheriting a privatized apartment without a will is as follows:

1. Collection of documents
2. Applying to a notary with all the necessary papers, drawing up an application for acceptance of property
3. Obtaining a certificate of heir's rights
4. Registration of owner rights in the Rosreestr service.

A certificate issued by a notary is not a certificate of the owner's rights. Therefore, it is necessary to register real estate in Rosreestr.

Without registration of ownership of an apartment you cannot:

What is the deadline for inheriting?

Inheritance of a privatized apartment after death must be completed within the standard time frame. They are 6 months. If this time is missed, you will have to restore the deadlines. This is usually done through the court. Find out how to enter into an inheritance if 6 months have passed since death. However, if the applicant does not provide documentary evidence of the reasons why he missed the deadline, the application will be denied.

Are taxes necessary?

Selling an apartment by inheritance involves paying taxes only if it is sold before 3 years after death, subject to inheritance before 2020, and five years after. The tax rate will be 13%.

Receiving privatized housing by heirs is a relatively simple procedure. This is the legal property of the deceased, and therefore its distribution among his relatives is prescribed by law. Problems can only arise with the division of shares. If conflicts arise, you can file a lawsuit. However, it must be borne in mind that usually a claim from one person is followed by a claim from another.

For additional information on this issue, please refer to the section “Inheritance of real estate” at the link.

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Sources: pravoved.ru, m.pravoved.ru, 61law.ru, megatranslation.ru, napravah.com

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Payment of state duty

Those who have entered into an inheritance are required to pay the fee established by law. The specific amount depends on the relationship with the previous owner. In accordance with tax laws, direct relatives must pay 0.3% of the entire value of the property. In this case, the amount should not exceed 100,000 rubles. This category includes parents, spouse, and natural and adopted children.

All others pay 0.6% of the value of the entire property. In this case, the amount cannot exceed 1 million rubles.

The following heirs are exempt from paying the fee:

• Heroes of the Soviet Union and the Russian Federation;
• Participants and disabled people of the Second World War;
• Full Knights of the Order of Glory.

To assess the value of the testator's property, the notary requests not only title documents, but also data on the value. If the heirs do not agree with the established amount, an independent examination can be ordered.

The nuances of inheriting privatized housing

The process has certain features that must be taken into account when implementing it.

In a situation where, during the privatization process, several people were registered in the apartment, the applicant will be able to inherit only the part of the testator that was allocated to him in accordance with the agreement on the transfer of living space into ownership.

If the deadline for entering into an inheritance was missed, and the notary did not register it, the problem can be solved in the following ways:

1. A procedure for out-of-court resolution of an issue when relatives have no claims against each other.
2. Restoration of inheritance rights in court proceedings. But its implementation will require valid reasons, supported by documents. It can be:

• Ignorance of the successor about the death of the testator;
• Illness or absence of the applicant throughout the entire time in the country;
• The heir did not know about the existence of the inherited property.

Also on the topic: Is it possible to enter into an inheritance by proxy?

Apartment decoration

After completing the six-month period for presenting rights to the inheritance, the notary determines the heirs and transfers to them documents for taking ownership. Re-registration of an apartment after the death of the owner represents a procedure for state registration of the rights of the new owner.

To do this, you need to contact the branch of the MFC or Rosreestr. The following documents must be provided:

• Certificate of acceptance of inheritance;
• Passport;
• Death certificate of the previous owner;
• Certificate of ownership or extract from the Unified State Register of Real Estate;
• Receipt for payment of state duty.

The responsible specialist will accept the documents and provide a receipt for their receipt. He will also set a date when you can come for ready-made documents and an extract from the Unified State Register of Real Estate. The latter will indicate a change in ownership. From this time on, the heir is the rightful owner of the apartment. If there are several heirs, the apartment is registered as shared ownership.

The apartment is not privatized

There are situations when the previous owner did not have time to privatize the apartment.
As a result, the municipality or the state is officially considered its owner. Residents use the apartment on the basis of a social tenancy agreement and are tenants. If the apartment is not privatized, the law allows for solving the problem in two ways:

1. In law;
2. According to the will.

If the tenant managed to submit an application and documents for privatization, and then died within 2 months, relatives can inherit the right to own the living space. We are talking about those relatives who lived with him and are registered in this apartment. Some of them are renewing their social tenancy agreement. Then the privatization can be completed.

It is important that the previous employer has time to submit an application and does not withdraw it from privatization.

If the deceased left a will, it may mention the apartment as the only transferred object or among other property. In this case, the right to privatize passes to his heir. But the law prohibits infringing on the rights of other persons registered at the place of residence in this apartment. Even if they are not directly indicated in the will, in the event of privatization they receive the required shares.

If there are no more registered people in the apartment, and a person with a different residential address is appointed as the heir, it is allowed to continue the privatization that has begun. But in practice, in most cases a court decision is required, since the municipality often opposes this.

Who does not have the right to receive an apartment?

Persons who do not live in the apartment and are not direct heirs cannot apply for it. In addition, in Art. 1117 of the Civil Code of the Russian Federation introduces the definition of unworthy heirs. These are the people who are denied the right to inherit, even if they are included in the will. The following persons are considered unworthy:

• Citizens who have committed an attempted or completed crime against the health and life of the testator, and equally members of his family;
• Parents previously deprived of parental rights;
• Persons who maliciously evaded the maintenance of the testator, if such an obligation was imposed by law.

As a result, after the death of the owner, the apartment passes into the inheritance base. It can be transferred by will or law to his heirs. To do this, you need to go through a certain procedure, after which you can take ownership of the apartment and other property.

Without determining the share

In a situation where shares were not established during the privatization procedure, this means that the housing was privatized as joint property. This means that all co-owners claim such real estate in equal parts. But you can allocate shares at any time.

When inheritance is made, the share of the deceased co-owner is divided equally. If one of the owners of living space transferred into joint ownership dies, then the other owners have the right to inherit not part of the real estate, but the rights to joint ownership.

To open an inheritance case, it does not matter to the notary what kind of property the housing was privatized in. If the heirs cannot agree on how to divide the living space, then it is necessary to conclude an agreement to determine the share of each applicant.

Also on the topic: Agreement on the division of inherited property: how to draw up, cost