Inheriting an apartment by law after death - consultation with a lawyer on inheritance matters

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Published: 08/11/2018

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After the death of the testator, the apartment can be inherited according to the law or by will. In both of these cases, the procedure for entering into inheritance rights may differ. To open an inheritance case, grounds are always required: a will or official confirmation of kinship.

How to inherit an apartment after death according to a will: instructions
List of documents
When and where to submit documents?
The procedure for accepting and registering an inheritance for an apartment according to the law
What documents are needed to register an inheritance according to the law?
Expenses

How to inherit an apartment after death according to a will: instructions

The testamentary procedure for entering into inheritance rights has priority over the legal one. In order to inherit an apartment in the presence of a will, it is enough that the name of the heir is indicated in this document. The testator can bequeath his property to one or more persons. They may or may not be related to him.

The testator can indicate in the will the shares in the apartment, which each heir will receive in any order. If there is no indication of the size of the shares, then it is assumed that each heir will receive equal shares in the property.

The procedure for entering into inheritance rights under a will:

The notary reads out the contents of the will (an optional step, needed only if the will was transferred in a closed form).
Write an application for entry into inheritance rights to a notary at the place of official registration of the deceased testator.
Provide a set of necessary documentation.
Obtain a certificate of inheritance.
Register property rights to real estate in Rosreestr.

Is it necessary to register ownership of an apartment by inheritance?

Regardless of how a person received an apartment: bought, received as a gift or by inheritance, he must go through the state registration procedure.

It means recognition of a citizen’s ownership of an inherited apartment.

Only after registration the new owner will be able to dispose of his property: sell, register someone, rent it out. But the lack of registration of property rights does not deprive the opportunity to transfer such real estate by inheritance.

Example. Citizen K. became an heir, receiving his mother’s apartment, in which he lived with his family for 10 years. Having received a certificate of inheritance, citizen K. planned to apply to Rosreestr to register ownership of the property, but suddenly died. His heirs were his wife and son. Despite the fact that citizens K. did not formalize ownership rights, the apartment is property transferred to them by inheritance. This confirms paragraph 4 of Art. 1152: an accepted inheritance (and the deceased accepted the inheritance both in fact and by contacting a notary within the established 6-month period) is considered to belong to the heir, regardless of whether state registration has been carried out.

List of documents

To inherit an apartment under a will, you must collect the following set of documents:

Will.
Certificate of death of the testator . A death certificate is obtained from the registry office at the place of last residence of the deceased. It contains the date of death of the testator, which will be considered the date of opening of the inheritance. An alternative to a death certificate may be a court decision declaring the testator dead.
Certificate from the passport office confirming the place of last residence of the testator (or an extract from the house register). A certificate of last place of residence is obtained from the Management Company, Homeowners Association, Passport Office, and the Moscow Region Administration. It contains an indication of the address of the testator's last place of residence and confirms the fact that he was deregistered due to death.
Passport.
Documents for inherited property.

In the application for inheritance, which is submitted to the notary along with the specified documents, it is necessary to specify:

The name of the notary office and the notary to whom the heir applies.
Full name, date of birth, passport and contact details of the applicant (heir).
Information about the deceased.
Information about family ties with the testator or a link to the will.
Information about the inherited apartment: its address, cadastral number, area and other data that allows it to be clearly identified.
Request for a certificate of inheritance.
Signature of the heir and date of filing the document.

The list of documents for the inherited apartment includes:

A document confirming the ownership rights to the testator's apartment . This may be a certificate of ownership, an extract from the Unified State Register or Unified State Register.
Technical documentation from BTI (technical passport).
An extract from the Unified State Register of Real Estate indicating the cadastral value of the property or a report on the market value of the apartment from qualified appraisers.
Documents that confirm the legal status of the testator's property: privatization agreement, purchase and sale agreement, gift, exchange, lifelong maintenance with dependents (or annuity), certificate of inheritance or court decision.

Usually, even at the time of drawing up the will and its notarization, the notary checks the testator's ownership rights to the apartment. Therefore, there is no need to additionally confirm the legal status of the apartment; therefore, this issue needs to be clarified.

When drawing up a will for an apartment, the notary must also request permission from the testator's wife to dispose of her shares if real estate is inherited from among the joint property. If such a document is missing, then the testator has the right to dispose of only 50% of the apartment, even if the spouse was not listed as the owner.

Registration of property rights by inheritance

» Division of inherited property October 10, 2020

Documents for registration of inheritance for an apartment

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The main points related to the registration of inheritance are regulated by regulations: the Civil Code and the Tax Code of the Russian Federation. Registration of an inheritance for an apartment is not a procedure whose actions are carried out in accordance with the third part of the Civil Code of the Russian Federation.

This process is lengthy and includes a number of stages. One of them is the collection and provision of information. Let's find out what documents will be needed to register an inheritance?

Documents for registration of inheritance for an apartment:

original and copy of the owner's death certificate
documents confirming the relationship with the former owner of the apartment (marriage certificate/birth certificate)
a certificate confirming the registration of the owner at the time of his death, as well as evidence of the fact of cohabitation with him
deed evidencing acceptable title to property
extract from the residents' registration book.

The entire list of documents is provided to the notary at the place of opening of the inheritance.

An application for the issuance of a certificate of rights or acceptance of property should be attached to the listed package of documents.

Procedure for processing documents

Registration of inheritance for an apartment after the death of the owner consists of several stages:

Removing a deceased person from registration. To do this, you should submit an application to the registration authority, attaching the death certificate of the apartment owner. The applicant receives a certificate from the place of residence of the deceased about an extract from the passport office, confirming the fact that the owner was deregistered due to death.
Contact a notary to whom the corresponding application should be submitted. Both the heir and his representative have the right to do this legally.
Collection of the package of documents mentioned above. They will be needed in order to obtain property rights.
Obtaining a certificate of inheritance. After six months and after checking all applications and documents by a notary, the applicant is issued a certificate confirming the ownership of the apartment by inheritance.
Registration of property rights. If all stages are carried out correctly, grounds for state registration of rights to own real estate appear. To do this, you need to contact the registration chamber.

h3>Tax when registering an inheritance

Registration of ownership of an apartment entails costs. According to clause 22 of Part. Art. 333.24 of the Tax Code of the Russian Federation, upon receipt of the certificate, tax is paid. For heirs belonging to the first and second categories, it is 0.3 percent of the total value of the property.

And for the third category, when receiving an inheritance, the amount is 0.6 percent of the cost of the apartment. Tax benefits are provided to war participants, heroes of the USSR and disabled people.

Registration deadlines

In accordance with Art. 1154 of the Civil Code of the Russian Federation defines the period that is allocated for entering into an inheritance - six months from the date of death of the owner of the apartment.

The starting point is the day of opening of the inheritance, the moment of death of the owner or the date of the court’s decision recognizing the owner as deceased.

The right to contact a notary is possible from these dates, depending on the situation. Before the expiration of six months, the heirs have the right to file claims for the inheritance of the apartment and at any time they can begin processing documents. But the heir can receive title documentation for the property after the expiration of six months from the date of death of the owner.

The deadline for entering into inheritance has passed

In the event of a missed period of inheritance, the heir can restore his own rights only if the court makes a decision in his favor on this issue. In order to obtain a court decision, you need to go to court, submitting an application for restoration of the missed deadline, indicating the reason for the missed deadline. If the court considers the reason to be sufficient grounds, a positive decision will be made.

If more than six months have passed since the death of the owner of the property, and the heirs of the first categories have not provided their own rights, then distant relatives or other persons can claim rights to the inheritance. The term for them is three months, subsequent to six months from the date of death of the owner.

Legal advice on inheritance issues

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Registration of ownership of an apartment by inheritance

Registration of ownership of residential property is the official recognition and confirmation on behalf of government bodies of the fact of the emergence of a person’s authority over the property. The institutions authorized to carry out the registration process include:

In order to certify the rights to an apartment or a share in common property, an heir must:

collect certain documents
fill out an application in the prescribed form
pay the duty
provide data for official certification.

You can send documentation by personally contacting the territorial offices of the MFC or Rosreestr using electronic resources. postal service. as well as using the services of a courier.

Upon acceptance of the information, the citizen will be issued a receipt. and after the expiration of the period. allocated for registration - an extract from the Unified State Register. indicating the legality of ownership of inherited real estate.

How to register ownership of an apartment by inheritance

For a citizen who has received an inheritance in the form of an apartment, in order to have full ownership of the property, it is necessary to comply with the state registration procedure defined by the current legislation of the Russian Federation:

The future owner must obtain a certificate of inheritance from an authorized notary representative. This document is the basis for certifying the rights of the owner.
You will need to provide the following information: the applicant’s passport details, cadastral number of the apartment, a certificate of no debt for utility bills, etc.
In the future, you should contact the registration authorities, which may be the MFC or Rosreestr.
It is necessary to fill out an application in the prescribed form.
Payment of state duty is required.

A notary has the opportunity to issue a certificate of the right to inheritance at any time after 6 months from the date of opening of inheritance proceedings (Article 1163 of the Civil Code of the Russian Federation).

Registration of inheritance at the MFC

To carry out mandatory registration of ownership of inherited real estate, the future owner has the opportunity to contact any territorial branch of the MFC, namely:

At the location of the residential premises.
At the registration address of the citizen who received the inheritance.
At the place of permanent or temporary residence of the person.

Citizen S., a resident of the city of Samara, inherited an apartment from his cousin, who lives in St. Petersburg. Citizen S. entered into inheritance rights, in confirmation of which a certificate was issued by a notary. Having returned to his permanent place of residence, the future owner submitted documents to the MFC branch to register ownership of the property. Upon receipt of the application, a receipt was issued with a list of the information submitted and the date of official certification. The fact that the inherited housing is located in another city district did not become an obstacle to certifying the rights of the owner.

The employee of the territorial office of the MFC, who received the information, redirects the collected data to Rosreestr, where a mark is made about the certification and the documents are sent back.

The MFC is a body that acts as an intermediary in the process of mandatory state registration of property rights between the interested party and Rosreestr.

Registration of the right to inheritance in Rosreestr

From January 1, 2020, the state register of rights to real estate and transactions with it was merged with the cadastral chamber, which led to the merger of the responsibilities of two different institutions, namely:

Reception of documents for registration of powers and provision of cadastral data is carried out by one body.
The issuance of the requested information and ready-made documentation is carried out from single windows of territorial branches of the real estate register and multifunctional centers.

A person who wishes to certify ownership of an apartment received by inheritance has the opportunity to send documents to the local branch of Rosreestr in one of the following ways:

Based on the results of the certification, the owner of the property is issued an extract from the Unified State Register of Real Estate. which is the main document confirming the powers of the new owner.

Information registered by an authorized state body can be delivered to the interested person by courier service for an additional fee.

Registration of a share of an apartment as property by inheritance

You can receive a certain share in an apartment by inheritance on the following grounds:

Upon the drawing up of a will. in which the personal order of the person establishes the circle of heirs and specific property (parts thereof) falling on each.
Distribution of property according to law. Inheritance in this case is carried out in a certain order, for example, the priority recipients include: spouses, children and parents. Heirs of the same line claim equal shares of property (Article 1141 of the Civil Code of the Russian Federation).
Regardless of the decision of the testator, a mandatory share is provided for minors and disabled relatives of the deceased person (Article 1149 of the Civil Code of the Russian Federation).

To officially register the owner’s rights to a specific part of the property, future owners will need to perform a division or allotment of a share in the common property; such division can be accomplished by:

Conclusion of a written agreement between the heirs.
Appeals to court.

After reaching an agreement or making a court decision on the basis of which the inheritance shares will be determined, the notary will issue a certificate of the right to inheritance.

Further mandatory registration is carried out in accordance with the general procedure. The applicant sends the collected package of documents to the territorial offices of the MFC or Rosreestr, receives a receipt for delivery and, within the specified period of time, applies for an extract from the Unified State Register of Real Estate.

The main difference in the procedures for registering part of an apartment from the whole object is the need to provide, among other documents, a court order or an agreement on division, allotment of a share.

At the request of citizens, a notary can issue a certificate of the right to inheritance to all interested parties together or separately to each of them (Article 1162 of the Civil Code of the Russian Federation).

Deadline for registering property rights after inheritance

The current legislation of the Russian Federation does not establish a specific period during which the heir is obliged to register the received property as personal property. It is important that within six months from the date of death of the person, the interested citizen declares himself to the authorized notary body.

At the same time, according to Art. 16 Federal Law dated July 13, 2015 No. 218 Federal Law provides for a clear time frame for the official certification by registering institutions of the owner’s powers:

3 working days from the date of submission of the application and the information attached to it to Rosreestr. When sending documentation electronically – 1 business day.
Within five days from the moment the documents are received by the employee of the multifunctional center.

The date of state registration of property rights is the day an entry on the completed certificate is made in the Unified Real Estate Register.

Documents for ownership of an apartment by inheritance

Persons who have inherited an apartment and wish to officially register ownership of the received property must collect the following package of documents:

Applicant's passport details.
A certificate of inheritance rights issued by a notary.
Receipt for payment of state duty.
An extract from the house register (apartment card), which contains information about the persons registered in the residential premises.
Cadastral document.
Certificate of absence of arrears in payment of utility services.
Statement of the established form.

The following may be requested as additional information:

If the apartment has undergone redevelopment, a document confirming the legality of the changes made.
When registering a share in common property, it is necessary to present an agreement on division, allotment of a part, or a decision of a judicial authority on the commission of such actions.

In the process of accepting documents, an employee of the authorized registration body checks the completeness and correctness of the information sent.

State duty for registration of property rights in 2020 by inheritance

The amount of the state fee, which is payable for registration of rights of ownership of property transferred by inheritance in 2020, has not changed compared to the previous calendar year and is:

2 thousand rubles for citizens
22,000 rubles for legal entities (clause 22 of article 333.33 of the Tax Code of the Russian Federation).

When registering shared ownership, the state fee is paid by each applicant in equal parts.

Participants in the registration process are three adults, that is, each of them has a share of the right equal to 1/3. The amount of the contribution to be paid is calculated as follows:

2000 × 1/3 = 666.7 rub.

Payment of the mandatory fee must be made before submitting documents for registration due to the fact that without presentation of a receipt confirming the corresponding transfer, information will not be accepted.

The state duty can be paid both in cash and in non-cash forms.

Conclusion

The current legislation of the Russian Federation defines specific requirements that must be observed by citizens who have inherited an apartment or part of a residential premises and wish to register ownership of a property.

To register property rights, heirs must submit certain documents and pay a state fee when applying to the registration authority.

After acceptance of the application and other information attached to it, the received data is checked, and if no reasons for refusal of registration are identified, information about ownership is entered into the Unified State Register of Real Estate.

Question

Is it possible to refuse part of the inheritance and accept the other?

My grandfather left me as an inheritance a car and part of an apartment, or rather 1/4. I would not want to become the owner of a residential property. Tell me, do I have the opportunity to refuse to accept the property, but still receive a car?

Answer

It is not possible to accept an inheritance only in a certain part, by personal choice. The current legislation of our country (clause 3 of Article 1158 of the Civil Code of the Russian Federation) defines an unconditional refusal or full accession to inheritance rights.

Registration of ownership of an inherited apartment

Real estate most often becomes an object passed on by inheritance. According to the will, heirs may be relatives, as well as other persons who do not have family ties with the deceased.

In the absence of a will, property after the death of a citizen goes to the legal heirs (direct, full-blooded, half-blooded relatives, and so on in order). This means that in the absence of first-line heirs, the rights to inheritance are transferred to relatives of the next category.

Acceptance of inheritance

After the heir learns about the inheritance of the apartment, it is necessary to register ownership, but in accordance with clause 1 of Art. 1152 of the Civil Code of the Russian Federation, first you need to go through the procedure for accepting an inheritance.

It is important to know: according to Art. 1154 of the Civil Code of the Russian Federation, the process of accepting an inheritance can be initiated within six months after the death of the testator, otherwise you will have to go through a procedure to restore the lost time, and this requires additional expenses.

To accept the inheritance, the successor turns to a notary who serves the area where the property is located. In doing so, he presents:

death certificate
a package of documents indicating family ties with the deceased
extract of the house register (it indicates the persons registered in this apartment)
cadastral and technical passport for housing.

In this case, it is important to contact a specialist who deals specifically with hereditary issues!

At the request of the successor (or successors, if there are several of them, and each of them has a certain share), the notary opens a case for the transfer of inheritance, during which he conducts a legal review of all submitted documents. If everything is in order and there are no controversial issues, the heir receives a certificate of inheritance.

Registration of property rights to an apartment inherited by will

The presence of a will proves the rights of the heir to the actual management of the real estate of the deceased. Contact a notary to confirm the legal rights to the apartment as an inheritance under a will. the successor may six months after the death of the testator.

According to paragraph 1 of Art. 1153 of the Civil Code of the Russian Federation, a citizen turns to a notary with a statement (it is written in any form), in which he indicates his desire to accept the inheritance. This document states:

Full name of the applicant
Full name of the testator
date of death of the testator
information about family relationships (if any)
information about bequeathed real estate.

A package of documents is attached to the application:

will
applicant's passport
passport of the deceased
death certificate (issued at the registry office)
testator's registration document
documents indicating family ties with the testator.

After checking the submitted papers, the notary will require a number of other documents, in particular:

a certificate stating how many people are registered and live in the apartment of the deceased
assessment of the value of an inherited apartment
apartment registration documents
receipt for payment of state duty.

Upon completion of verification of all papers, the notary issues a certificate of heir. The ownership of the bequeathed apartment is registered in Rosreestr ten days after the heir’s application, and a corresponding certificate is issued to all participants in the process (if there are several heirs).

Taxes when receiving an inheritance under a will

Registration of ownership of an inherited apartment does not involve the payment of any taxes, however, during this procedure the successor is faced with certain expenses. The issuance of a heir's certificate at a notary's office requires payment of a fee in the amount of 0.6% of the value of the inheritance received.

The amount of this amount is half as much if the heirs are first-degree relatives (children, spouse) or a full brother or sister of the deceased. In addition, when registering ownership of a bequeathed apartment in Rosreestr, the heir pays a state fee in the amount of 2,000 rubles.

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Registration of property rights arising by right of inheritance

Inheritance ensures the transfer of ownership of property after the death of the subject to his heir by will or, in the absence of a will, by law.

The procedure for registering an inheritance is regulated by the provisions of Part III of the Civil Code of the Russian Federation in accordance with Art. 35 of the Constitution of the Russian Federation, the right of inheritance in Russia is guaranteed. This means that heirs cannot be deprived of the right to inherit the property of the deceased. These provisions are duplicated in Art. 1110 of the Civil Code of the Russian Federation. When registering an inheritance, you will have to go through several stages.

The procedure for registering an inheritance begins with the acceptance of the inheritance. Acceptance is carried out by submitting an application to the notary for the issuance of a Certificate of Inheritance. Thus, initially we determine which notary will take over the inheritance case. As a rule, a notary is determined by place of residence; we note that at the moment you can contact any notary. A common mistake is missing the deadline for accepting an inheritance. You must do this within 6 months from the date of opening of the inheritance. A certificate of inheritance is a document of title in relation to inherited property. Based on the Certificate of Inheritance, the transfer of ownership of the inherited property is registered.

The inheritance includes all property (movable and immovable things) belonging to the testator on the day of death, as well as property rights and obligations. The list of property owned by the testator is determined by interviewing the heirs themselves, receiving responses from the traffic police, extracts from the Unified State Register, and responses from banks. Thus, we establish what movable and immovable property we can inherit. Property rights that can be inherited include the right to use an apartment under a social tenancy agreement, the right to perpetual use of a land plot, the right to lifelong inheritable possession and other rights. These rights are inherited by universal succession. Also subject to inheritance are the property obligations of the testator, such as debt obligations under credit agreements and loan agreements. In this case, creditors are required to contact the notary in charge of the inheritance case in writing. It should be noted that the rights and obligations associated with the personality of the deceased are not inherited. For example, the obligation to pay alimony, obligations to compensate for harm caused to life and health.

The number of heirs includes citizens who are alive on the day the inheritance is opened, as well as those conceived during the life of the testator and born alive after the opening of the inheritance. Legal entities can act as heirs. The heirs are usually the relatives of the deceased. When inheriting by will, the heir can be any person (distant relative or non-relative). When inheriting by law, persons who are closer blood relatives have the priority right of inheritance. For convenience, all relatives are “divided” into queues.

The heirs of the first stage are the children, spouse and parents of the testator. Heirs of the second stage are full and half brothers and sisters of the testator. his grandparents on both his father's and mother's sides. Heirs of the third stage are full and half brothers and sisters of the testator's parents (testator's uncles and aunts).

Grounds of inheritance: by will and by law

Last news

Real estate in new Moscow - registration of inheritance in turnkey property

Cost of service: from 5,000 rubles. Completion period: 6 months

Registration of inheritance is a question that almost every person faces sooner or later. And despite the fact that in the Moscow region there are enough agencies providing legal services in the field of real estate, it is sometimes very difficult to find truly competent specialists who understand all the pitfalls. To avoid possible material losses and waste of time, you need to know the deadline for registering an inheritance, the cost of this service, as well as the procedure for its implementation.

What documents will you need to formalize the acceptance of an inheritance?

In order to register an inheritance in New Moscow and Moscow Region, the heir will need to prepare documents, open an inheritance case, obtain a certificate and register ownership. In our country, six months are allotted for accepting an inheritance; as practice shows, this period is not enough for many.

Today there are only two ways to register an inheritance. The first method is the actual registration of entry into ownership of the inheritance, the second is the submission of a corresponding application to a notary. If you are an heir and pay the debts left by the testator, make other expenses for the maintenance of the inherited property, take measures to ensure that the property is protected from third-party attacks and claims, you are actually entering into an inheritance.

In addition, the procedure for registering an inheritance requires the provision of a certain package of documents. It can be:

extract from the house register
certificate of registration on the day of death of the testator
birth certificate, marriage certificate, that is, documents that can confirm family ties
marriage certificate if the surname of the heir has been changed.

The procedure for registering inheritance rights

You can register an inheritance by law or by will. The inheritance is opened at the place of residence of the testator; in addition, there is a special program in the capital called Inheritance without Borders; you can learn more about its conditions from the specialists of the House Country company. In cases where the last place of residence of the testator is unknown, by law it must be registered in the region in which the property itself is located. The registration procedure itself contains many nuances; certain requirements are imposed on the heir, so it will be difficult to figure it out without the help of a specialist.

Why turn to specialists?

Practicing lawyers with extensive experience will correctly and quickly prepare all the necessary documents for opening an inheritance case. House Country specialists have the opportunity to represent the interests of their Clients before a notary, as well as in all other related authorities, including in court. Your contact with us guarantees saving effort, time and, of course, money. The fixed cost of the inheritance registration service, as well as the provision of free consultations - all this is done to ensure that assistance in inheritance registration is provided at the highest level with benefit to you. For any questions regarding assistance in registering an inheritance, you can contact us using the contacts listed on the website.

Sample documents

Sources: 33urista.ru, kvartirniy-expert.ru, www.gilkod.ru, bkr.su, house-country.ru

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The collected documents are submitted to the notary, who keeps the second copy of the will.

The period for entering into an inheritance according to law and will is the same and is 6 months. But if the specified period was missed, then you can try to restore it in court.

The notary will issue a certificate of inheritance no earlier than six months after the death of the testator, regardless of the date the application was received.

You must contact Rosreestr with this certificate and an identification document. This is where an application to take ownership is written.

What documents will be needed

As mentioned above, registration of property rights to real estate is carried out in Rosreestr. To do this, the successor must collect the following documents:

statement;
identification;
certificate of inheritance;
cadastral passport for the object;
agreement on division of property (with several heirs);
extract from the Unified State Register of Real Estate (it indicates information about the owner of the property and possible encumbrances);
receipt of payment of state duty.

If the applicant has submitted an incomplete package of documents, the registration process may be suspended. The maximum delay is 1 month.

The procedure for accepting and registering an inheritance for an apartment according to the law

Upon entry into inheritance rights in relation to an apartment, according to the law, the property passes to the relatives of the testator in accordance with the principles of priority.

The heirs of the first stage, who have priority over other categories, include spouses, children and parents of the deceased. The heirs of the second priority are the grandparents, brothers and sisters of the testator. The rights of inheritance are transferred to them only in the absence of heirs of the first priority.

The procedure for accepting an apartment as an inheritance includes the following steps:

Submitting an application to the notary at the last place of residence of the deceased to open an inheritance case and enter into inheritance rights.
Determining the circle of potential heirs and allocating their share in the property . Each heir from one line receives an equal share. If the spouse of the deceased enters into the inheritance, then she is immediately entitled to ½ of the ownership of the jointly acquired property (if the apartment was purchased after marriage), and the remaining half is divided among all heirs, including the spouse.
The heirs provide all the necessary documents regarding the appraised value of the apartment . The notary calculates the amount of the state duty to be paid and issues a receipt to the heirs.
Heirs have the right to receive a certificate confirming their right to property six months after the death of the testator . But this is the ideal option. It assumes that the heirs have no property claims against each other and there are no legal proceedings regarding the inheritance. In this case, the time frame for issuing a certificate may take years. The certificate is issued on a special form and contains a unique number that must be registered in the register. If a document is lost, it can be restored at any time.
The ownership rights to the apartment are registered . Today, the notary himself can send an electronic version of the certificate for registration in Rosreestr. After 3-5 days, the property rights will be issued in favor of the heir. But the heir can also apply for registration of property rights to Rosreestr or MFC in person along with a certificate and passport. This procedure is paid and requires a state fee of 2000 rubles.
At the last stage, the heirs receive an official extract from the Unified State Register of Real Estate, confirming their ownership rights . According to the new rules, a certificate for an apartment is no longer issued. The title document in the form of a certificate of inheritance should be preserved. It will confirm the legality of the transfer of ownership to the heir.

Inheritance of an apartment by law

This method of inheritance is relevant when there is no testamentary “command” of the owner of the living space in the event of death. In the absence of the owner's will, the rules of law come into force, which determine the circle of persons who have the right to the property of the testator.

The following video will tell you about the difference between inheriting an apartment by law and by will:

You will learn further about what rules for inheriting a privatized apartment exist.

Existing rules

The Civil Code provides for eight orders of persons who are the legal successors of the deceased. The right of inheritance according to the law belongs to persons who are related to the testator and form a single family with him.

The first priority of successors according to the law are the children, spouse, and parents of the deceased.
Relatives from subsequent “chains” have the right to a privatized apartment only in the absence of persons from previous queues. Therefore, if there are “priority” successors, then persons from lower “chains” do not have rights to inheritance.

The law provides for persons who are not related to their predecessor, but are part of the same family with him. These citizens are named in the law as dependents of the testator. To recognize them as such and their rights to inheritance, it is necessary that citizens be disabled on the day of the death of the testator, live together with him and receive maintenance from him. The law defines such persons as:

men over 60 years of age;
women - after 55 years;
persons with a disability group;
children under 16 years of age;
persons studying in an educational institution who have not reached the age of majority.

Inheritance by right of representation appears to the relatives of the legal successor in the event of death before the opening of the inheritance case or at the same time as the testator.

In life, it often happens that the process of privatization in relation to living space has not yet been completed (ownership rights have not arisen, but documents have been submitted), and the citizen has died. In such a situation, the right of inheritance to this living space arises from the legal successors in accordance with the law. In the event of a lawsuit, the courts protect the rights of future successors, since the predecessor expressed his will to privatize housing.

There are some nuances to inheriting privatized living space.

If several citizens participated in the privatization process, and all of them are indicated in the agreement, then the successor’s right to inherit the apartment arises only in relation to the specific share of his predecessor.
If you miss the period for entering into an inheritance, it is possible to resume it. There are two options for this: peacefully (when friendly relations have been established between relatives and they have no claims regarding the inheritance of a part) and in court (when other legal successors do not agree and there is a dispute, it is necessary to provide arguments with justification in the claim and in the proceedings , for which the heir missed the deadline).

The procedure for inheriting a privatized apartment according to the law will be discussed below.

The procedure for registering living space

To receive privatized housing as an inheritance, you must go through 4 stages, for which the law allocates 6 months:

Collection of documentation about the death of the testator and the presence of family ties between him (birth certificate, court order, marriage certificate and other papers confirming relationship).
Stage of opening an inheritance case (application to an employee of the Tax Code).
Completing the necessary paperwork with a notary and obtaining an inheritance document.
State registration of the rights of the new owner in the registering organization.

A lawyer will tell you more about the procedure for accepting inheritance of an apartment according to the law in the following video:

Next we will talk about registering a privatized apartment as an inheritance under a will.

What documents are needed to register an inheritance according to the law?

A distinctive feature of inheriting an apartment by law is the need to confirm family ties. Such a document can be:

Marriage certificate.
Birth certificate or paternity certificate.
Court decision to establish family ties: required if documents confirming the relationship were lost or family ties were not established during the life of the testator.
Documents confirming the change of surname.

If there are errors and typos in documents on kinship, corrections can be made to them through the registry office or the court.

If documents confirming kinship have been lost, you can try to restore them through the registry office where they were issued. Also, heirs can contact the registry office at their place of residence, and it will forward the request to the desired territorial office.

The remaining documents confirming the death of the testator and the inherited property completely coincide with the list that is valid for inheritance in accordance with the will.

Entry into inheritance and its registration

Why is it necessary to enter into an inheritance? Contacting a notary office is necessary to obtain a certificate of inheritance. This document will allow the receiver to register the apartment as personal property. You can register with a notary as follows:

Write an application for acceptance of inheritance.
Prepare all necessary documents.
Pay the state fee.
Receive a certificate of inheritance.

The inheritance certificate is issued to the recipients six months after the opening of the inheritance case. The document contains personal information about the recipient, as well as information about the right to property and the size of the share.

On our website you can not only study various articles on inheritance issues, but also get detailed advice from a professional lawyer. We are ready to answer your question at any convenient time. right now and get free specialist help.

Inheriting a share in an apartment

Inheritance of a share in an apartment, as well as any registration of inheritance rights, occurs within a six-month period (from the moment the notary opens the inheritance case). To enter into an inheritance of shared ownership, the interested party must provide the following documents to the notary’s office:

Application for acceptance of the right to inheritance.
A document indicating the fact of the death of the testator (certificate or court decision).
Certificate from the last place of residence of the testator.
Documents confirming the fact of relationship with the testator.
Documents for real estate.
Certificate from the management company.
Extracts from the house register, personal account, and so on.

If the living space was not privatized during the life of the testator, the real estate is not included in the inheritance estate. However, current legislative norms provide for the possibility of including non-privatized housing or its share in the inheritance. Such a decision can only be achieved through legal proceedings.

If the decision of the court is to refuse to include real estate in the property, only those persons who were registered and living in it at the time of the death of the testator have the right to claim the living space. These citizens are charged with the right to privatize the area in equal shares in court.

It should be noted that judicial practice regarding the inclusion of non-privatized property in the inheritance is quite strict. The court does not always take the position of the heir. The court's decision may be based on the fact that the candidate heirs did not live together with the testator, and the testator at the time of his life did not express a desire to privatize the living space.

A non-privatized apartment becomes state or municipal property.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

Useful information on inheritance

Entry into inheritance
What documents are needed to enter into an inheritance?
Inheriting an apartment
Inheritance after the death of a relative
Mandatory share in inheritance
How to register an inheritance
Certificate of right to inheritance
Establishment of the fact of inheritance and recognition of property rights
Restoring deadlines
Opening time and place
List of documents for opening an inheritance case
Refusal of inheritance
Application for acceptance of inheritance
Selling an inherited car
Opening an inheritance case
Inheritance after wife's death
Joint inheritance
Escheated inheritance
Documents for registration of inheritance
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Registration of inheritance for an apartment
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Division of inherited property
Documents for inheriting an apartment
The procedure for inheriting an apartment by law after death
Inheritance of a non-privatized apartment
Inheritance of a privatized apartment
Application to establish the fact of acceptance of inheritance
Inheritance without a will
Limitation period for inheritance cases
Application for inheritance
Valuation of a plot for inheritance
Disinheritance
Car valuation for inheritance
Inheritance by adopted children and adoptive parents
Inheritance by right of representation
Inheritance after the death of a son
The procedure for inheriting cash deposits
Inheritance of land plots
Inheritance of loan debts
Inheritance of unpaid amounts
Actual acceptance of inheritance