Inheritance of a deceased person without a will - 1978 advice from lawyers and lawyers

The passing of a loved one is undoubtedly painful. The hardest thing is for a person who has lost his mother. However, children should not forget about the emerging right to inheritance.

In accordance with the law, it is possible to accept an inheritance within a limited period. If you do not visit the notary on time, you may lose the property that belonged to the deceased parent, including an apartment.

Who inherits the apartment after the death of the mother

There are two ways to inherit your deceased mother’s apartment:

In accordance with the will expressed in the will;
According to the provisions of the law.

As a rule, there is a conflict between these options. In other words, in her last will, the mother can declare that the children (who are the primary heirs) are deprived of the opportunity to inherit her living space.

The property that is to be inherited may become a cause of conflict between the heirs, since physical division is not possible.

In addition, the fact of registration of title documents for living space plays an important role.

If the mother initiated the procedure for privatizing the apartment, but at the time of death she did not have time to complete it, then in order to establish his rights to non-privatized housing through legal inheritance, the heir will be forced to go to court.

Having registered the apartment left by the mother, the heirs acquire not only the rights to it, but also the obligation to fulfill debt obligations, since the obligation to pay the shares passes to the heirs.

Maternal will

The mother can include anyone she wishes as an heir in her will. However, she is not obligated to include her children in it.

Only citizens who are entitled to a mandatory share in it cannot be left without an inheritance. The minor children and dependents of the woman who left an inheritance will receive no less than 1/2 of the property that they would have received in accordance with the law.

When a will is drawn up, in some cases it is necessary to include sub-heirs in it. They can receive an inheritance in the event of refusal of housing by the main heirs, or their death.

It is possible to recognize the complete nullity or partial invalidity of the mother's will. To do this, relatives often go to court to challenge the will for living space or to establish its invalidity.

In order for such a decision to be made, the following inaccuracies or erroneous actions must be present when drawing up the document:

There was duress when the will was made;
If the testator is incapacitated;
Unreliability of witness signatures, or if they are missing;
If later versions of testamentary documents were drawn up.

For clarification regarding the provisions of the will, please contact:

To a notary's office;
To the person appointed as the executor of the will of the testator (if any);
If there is a trial, the judge can give clarification.

It is permissible to indicate any heirs in the will.

Inheritance by law

If a will has not been drawn up, the right to inheritance first accrues to the closest relatives of the deceased:

Their shares in the inherited property are considered equal. However, by contacting the judicial authorities, their sizes can be changed if it is proven that the applicant made the greatest contribution to the purchase of the deceased’s living space. All of them have the right to count on inheritance in equal shares.

A child does not have the right to inherit from a deceased mother if:

on his part there were illegal acts against his mother;
if he evaded the obligation to support the deceased.

Such circumstances must be confirmed in court.

Heirs of subsequent orders are called to inherit when the primary heirs:

lost the right to inheritance by decision of a judicial authority;
failed to accept the inherited property;
officially refused to accept the property.

It is also necessary to mention the right of representation. Its essence is the transfer to the descendant of the heir, according to the law, of the right to his share if his death occurred before the mother died, or at the same time as her.

What to do if the heir of the first stage has not entered into the inheritance?

How to register an inheritance without a will, read here.

The children (grandchildren) of the deceased applicant for the inheritance receive the part due to him in equal shares. However, if a citizen who has not received an inheritance has lost the right to inherit, his descendants will not have the right to inherit by proposal.

Citizens whose turn to inherit is the eighth also have the opportunity to receive part of the deceased’s apartment (as well as legal successors):

in the event that they are not included in the conscript queue, but are heirs by law and have been her dependents for 12 months or longer (it does not matter whether they lived together or not);
when they are not legal heirs, but lived in her apartment for at least 12 months and were her dependents.

If children and other heirs refuse their part of the inheritance, or the court deprives them of this right, the property is considered escheated and becomes the property of municipal or state bodies.

Who has the right of inheritance by law?

The legislation indicates the circle of persons who have the right to expect to receive their share. Russian legislation speaks of seven lines of inheritance. Moreover, the presence of at least one person who is among the heirs of the first priority deprives the right to inheritance of all persons included in the category of the second, third and subsequent orders.

Citizens often forget about the possibility of inheritance by right of representation. To make it clearer what is meant, let's give an example. For example, your parent died before their parents. This means that you, as a grandson/granddaughter, can receive a share of your grandmother/grandfather’s housing, which the parent could have received if he had remained alive.

There is no point in listing all the persons who may express a desire to inherit without a will. It is only worth emphasizing that the first applicants will be the spouse and close blood relatives. But in the absence of such, the property of a deceased person can pass to the stepfather, stepson, stepmother and other persons.

The presence of a will usually determines the order of inheritance. And often relatives (if a will was not prepared in their favor) find themselves “overboard.” But there is an exception to this rule. These are the persons who are entitled to a mandatory share. The number of such persons includes minor children and disabled persons - heirs of the first priority (here we mean parents and spouse).

That is, if another relative who has passed away wrote a will in which he wished to transfer all his property to a third party, his child will still receive half of the property.

Documents for inheriting an apartment

When starting the procedure for entering into an inheritance, as well as in the future, visit the notary office where the inheritance case was opened and provide the employee with a set consisting of the following documentation:

a certificate confirming the fact of death of the person who left the inheritance or a judicial act that has entered into legal force, and confirming this circumstance;
certificates from his last residential address (such information, among other things, will be required to find out who lived in the deceased’s living space and can claim the inheritance);
passports of the person wishing to receive the inheritance in order to identify his identity;
power of attorney for a representative when another person is involved in registering the inheritance (notarization is required);
in the case of acceptance of an inheritance by young children under the age of fourteen - documents that certify the identity of the parents, and if the heir is a citizen deprived of legal capacity - documents confirming the authority of the legal representative;
documents that show the presence of family ties between the applicant and the person who left the inheritance (marriage certificates, birth certificates, etc.) or a will, on the basis of which one can lay claim to the property;
documents that establish and confirm the deceased’s rights to living space (certificate of ownership, gift agreement, purchase and sale, privatization);
cadastral passport and document on the assessment of living space on the date when the inheritance opened;
extracts from the Unified State Register of Rights (Unified State Register of Rights) containing information about the owner of the property and that there are no encumbrances on it;
other documents that are necessary for the notary in connection with the circumstances of the inheritance case.

Legal norms

Legal regulation in this area is carried out:

Civil Code of the Russian Federation;
Tax Code of the Russian Federation;
Family Code of the Russian Federation;
“Fundamentals of Russian legislation on notaries.”

General rules for inheritance

You can enter into rights either by will, when property can be transferred to a person not related to the deceased by blood, or without a will, that is, by law. Depending on the presence or absence of a citizen’s written expression of will, the procedure for entering into inheritance differs. This article will discuss inheritance by law.

Is it necessary to take

A citizen has the right to refuse the bequest of the deceased. To do this, you must submit a corresponding application within 6 months from the date of death. It is allowed to write a refusal in favor of one or more

any relatives who also have the right to the property of the deceased.

The cost of registering an inheritance for an apartment

To replace the tax that was paid upon inheritance until 2006, tax legislation introduced a state duty.

Heirs who wish to receive an inherited apartment and contact a notary will need to pay this tax in order to issue a certificate of inheritance.

The tax is paid before the notary begins the notarial actions. Its magnitude is determined by several circumstances. Firstly, this is the cost of the inherited housing, and secondly, what kind of family ties exist between the testator and the heir.

pp. 22 clause 1 of Article 333.24 of the Tax Code establishes that if there are close family ties between the heirs and the person who left the inheritance (husbands, wives, children, mother and father, brother and sister), then the amount of the state duty for them will be 0.3% of living space prices.

It must be remembered that the amount of tax paid cannot be more than 100 thousand rubles. Other heirs not included in those listed above will have to pay 0.6% of the cost of the housing, but not more than a million rubles.

It should be noted that the heir is not forbidden to independently decide how to determine the cost of living space.

The notary does not have the authority to influence the choice of the heir when choosing the type of cost of housing left as an inheritance to determine the amount of the state duty.

There are certain categories of persons whom the Tax Code exempts from the obligation to pay fees.

The benefit is provided according to the law:

war participants and disabled people;
minor children;
citizens with mental disorders;
citizens who lived in the apartment with the deceased until the day of his death, and who currently live there;
citizens who inherit living space from a person who died while performing his state or official duty.

In addition, the state duty is reduced by 50% for disabled people of groups I and II.

There are often cases when notaries receive intrusive offers to provide legal advice, as well as technical preparation of documents on the right to inheritance for a fee.

Persons registering an inheritance must remember that they are not obliged to use these services, and they have the right to be required to pay only for the services of a notary.

In addition, how much it will cost to register an inherited home is influenced by the number of certificates confirming the right to inheritance if more than one heir receives it.

For this reason, it is recommended that heirs decide whether each of them needs a certificate, or whether they can get by with one, and add this information to the application.

Registration of ownership of an apartment received as an inheritance

The powers to register property rights are vested in the management departments of the Federal Service for State Registration, Cadastre and Cartography.

To register your right, provide the following documentation to the government agency:

A written request to register ownership;
Certificate confirming inheritance rights;
A document allowing to identify a citizen;
A check confirming payment of the state duty;
Technical documentation describing this property (technical passport or extract from it).

The law stipulates that registering ownership of an apartment should not take more than a month. Accordingly, after 30 days from the day the documents were submitted to the authorized body, the apartment becomes the property of the heir.

Spouses can allocate shares both during marriage and during divorce. To do this, you need to contact a notary and receive a contract that will assign exactly half of the apartment to each spouse. In the event of the death of one spouse, the other part will go to the second if there are no applicants for it from the first and second groups of relatives.

How to receive an inheritance without a will

To receive an inheritance without a will, you must go through a sequential procedure consisting of several stages, namely:

Removal of a deceased citizen from the place of his last permanent registration - an application and a copy of the death certificate, a court decision declaring the person dead are submitted to the migration service at the address of his last registration;
Collection of necessary documents;
A visit to a notary at the place of last residence of the deceased or the location of his property in order to open an inheritance case and declare his rights to the share;
Receiving a certificate of inheritance - after the expiration of the terms of the inheritance case;
Re-registration of the relying property in one’s name through state registration, depending on the type of property.

The procedure is not complicated, but not quick: it is impossible to close the inheritance case ahead of schedule, even if you are the only legal heir.

What documents are needed

Ideally, it is advisable to prepare documents in advance, before visiting a notary. But since each situation has its own nuances and difficulties, you often have to visit the notary twice at the first stage: to get advice and a list of necessary papers specifically for you and then to submit these papers with the application.

Standard documents include:

Personal passport of the applicant (heir), identification code;
Certificate of death of the testator or a court decision declaring him missing or dead;
Documents confirming the relationship with the deceased citizen and belonging to the queue that is called upon to inherit by law;
A certificate from the house register stating that the deceased was removed from the place of registration at the address of his last residence;
Inventory of property that is included in the inheritance mass;
Papers confirming that the objects of the hereditary estate belonged to the deceased (extracts from the Unified State Register of Real Estate, contracts, statements from personal accounts, etc.).

Contacting a notary

A visit to a notary to receive an inheritance without a will is required. Each heir of the summoned line must appear in person, submit an application to assume his rights and attach the required documents. It is allowed for one person to appear on behalf of several heirs, but for this he needs a notarized power of attorney, giving the right to act on behalf and in the interests of other persons. You can also submit a collective application by everyone appearing together.

For his services, the notary takes a certain percentage of the estimated value of the inheritance. In each region, city, and even within the same locality, the prices of notary offices are different. In addition, it matters what additional services the specialist provides to clients. For example, this could be legal advice, assistance with preparing documents, etc.

Obtaining a certificate

Having understood the procedure itself, how to formalize a legal inheritance without a will, special attention should be paid to the final stage - obtaining a certificate and re-registration of property rights.
The form of the inheritance certificate is unified. This document is issued to the heirs by a notary upon the closure of the inheritance case, that is, usually six months from the date of death of the testator. The certificate has legal force and can be issued to each heir separately or as one document if a collective application was submitted. It is also allowed for the finished document to be picked up by a representative under a special power of attorney.

The certificate received in hand confirms your right to the inherited property, but does not make you the legal owner. To fully complete the process of accepting property, you must contact a government agency to register property rights. For example, if you received real estate, a share of real estate, you need to go to the territorial office of Rosreestr. There the state fee is paid, an application for re-registration of rights is submitted, a copy of the personal passport, a receipt for the fee, a copy of the death certificate of the former owner, and a certificate of inheritance are attached. When applying directly to Rosreestr, the registration period for rights takes about three working days.

How is the inheritance divided after death if there is no will?

The estate is distributed in equal shares among all heirs. Each subsequent line of heirs can assume their rights only if there is no previous one or the heirs are recognized as unworthy, did not assume their rights in a timely manner and did not extend the terms in court.

In this case, the apartment privatized by the other spouse becomes his personal property. This is due to the fact that property received free of charge during marriage (including as a result of privatization) is the personal property of the person.

The point is that the mother herself determines in the will not only the circle of applicants for the property, but also the composition of the property that will go to each of them.

There may be cases where there are no first-degree heirs. Then the question arises: if there is no will, who has the right to inheritance?

Drawing up a testamentary document is not common in Russia. People prefer to act within the law, in accordance with the articles of the Civil Code of the Russian Federation.

An inheritance can be accepted in two ways: actually and formally. In the latter case, the successor must perform certain legally significant actions indicating his intention to receive the property of the deceased.

In the absence of primary heirs, ownership of the deceased's property assets goes to the brothers, sisters, and grandparents of the deceased. Sisters and brothers acquire equal rights to receive a share of the inheritance, regardless of whether they are related to both parents or only one (mother or father).

Claimants to inheritance

Who can claim property after the death of a relative? It is important to remember that if a deceased citizen did not leave a will, then relatives can enter into inheritance rights in a strictly defined manner:

The first to submit the corresponding application can be the spouse of the deceased, his parents, children and grandchildren. If there are no relatives listed, they refused or were recognized as unworthy heirs, then relatives of the next line are called upon.
The second to claim material benefits can be brothers or sisters, as well as grandparents.
The third line of heirs are the uncles and aunts of the deceased.
The fourth, according to the law, can count on the material assets of their great-grandparents.
Relatives of the fourth generation can submit documents for inheritance fifth.
Relatives of the fifth generation are the sixth according to the law.
The seventh person who can inherit property assets is persons who are not blood relatives of the deceased - adopted children, stepfather or stepmother.

As mentioned above, the reason for the transfer of inheritance may be the absence of close relatives of previous orders, their refusal to assume rights, as well as recognition of them as unworthy. If everything is more or less clear with the first two points, then what is meant by the concept of “unworthy heir”?

According to the law, such a person is considered to be:

Was caught committing illegal actions aimed at causing harm to the deceased or his relatives (who are heirs).
Did not fulfill their parental responsibilities (if there is no will).

Thus, you can immediately understand to what degree of order this or that heir belongs.

Who will get the apartment after death without a will?

If there are no heirs at all, then, according to Article 1151 of the Civil Code of the Russian Federation, the inheritance is recognized as escheat and becomes the property of the municipality. The same happens in the case when the heirs abandoned the property or did not enter into their rights - the apartment passes into the hands of the state with all encumbrances, if any.

The written will of the successor must be submitted before the expiration of six months from the date of death of the testator. After this notarial act is completed, the application is sent to the notary in charge of the inheritance case after the deceased. It is advisable to send the document by registered mail with notification.

The only difficulty with privatized housing may arise if several persons were involved. Then the apartment will have several owners who are obliged to manage it jointly. If there is only one owner, then he alone decides what to do with his home.

Registration of ownership

According to federal law, privatized living space owned by one or more persons is subject to inheritance after the death of the owner in one of the following ways:

in order of priority, when a person is the legal heir of the deceased;
according to the will drawn up by the deceased owner of the apartment and necessarily certified by a notary.

In the first case, a person has the opportunity to dispose of his property at his own discretion. The citizen himself decides who will get the privatized apartment and in what shares. Russian legislation does not provide for the full will of the citizen when deciding the fate of acquired values.

If the successor does not have the opportunity to personally appear at the notary’s office where the inheritance case is being conducted, he should contact any other notary to certify the authenticity of his signature on the application for acceptance of the inheritance.

To become an heir to an apartment, a simple will and confirmation of your own identity are not enough. It is necessary to carry out a number of actions, collect a package of documents and formalize everything in accordance with the legislation of the Russian Federation. In addition, the process involves a short time frame - no more than six months.

Who will get the apartment after the death of the owner if there is no will?

The right to receive an apartment after the death of its owner passes sequentially: from the heirs of the first stage to the second and so on. The general time period for accepting an inheritance is 6 months. For persons entering into legal succession due to the refusal of applicants in the previous queue, 3.

Consequently, the answer to the question of who inherits privatized housing depends on the presence or absence of a will. Absolutely anyone can sign away their property under a will. The presence of family ties between the testator and the heir is not necessary.

But a civil marriage does not give rise to such rights in relation to the apartment and other property of the unofficial spouse.

The exception is cases when there are heirs who have the right to an obligatory share in the property of the deceased. These include his immediate disabled relatives (children, spouse, parents) or dependents.

Inheriting a privatized apartment is a complex legal procedure, for which you need to clarify legislative and legal nuances. After the death of the owner, a privatized apartment without a will passes to the closest relatives by court decision. Therefore, in order to inherit a privatized apartment, you need to be prepared and act within the legal framework.

If the heir is included in the circle of persons of the first priority, then this fact must be documented. In some cases, a court opinion may be required.

The main feature of inheriting housing without a will is that all applicants who have declared the right to receive real estate will, as a result of the procedure, have the housing area in equal shares, depending on the number of applicants.

Contacting a notary firm

If a relative did not leave a will, it is necessary to contact a notary company at the place of registration of the testator or the location of his real estate.

In some situations, depending on the type of material benefits that are planned to be received, the list of papers may expand:

So, to inherit a land plot, it is important to submit its cadastral plan (or technical passport), a certificate from the housing service, a current assessment of real estate and others.
If the heir lays claim to securities, you need to obtain a certificate from the joint-stock company, a passbook, an up-to-date valuation of these securities and other documents.
When the object of inheritance is a car, it is necessary to present its registration, a passport of the vehicle and a valuation current at the time of the testator’s death.

Writing an application. How to properly prepare this document? When applying for an inheritance after the death of a relative, it is important to indicate the following points:

Name and legal address of the notary company
Data of the person drawing up the document, as well as the testator
Information about the deceased relative (dates of birth, death, last place of residence)
Grounds for entering into inheritance rights
List of inherited property
List of other applicants (if any)
Date and signature.

If there are several applicants, each of them must fill out a separate document.

Payment of state duty

Please note that the inheritance procedure is not subject to state tax, but the person acting as the heir will have to pay a state fee. The amount of this duty depends on two indicators - the degree of relationship and the estimated value of inherited material wealth. Thus, relatives of the first priority must pay 0.3 percent of the value of property assets, but not more than 100 thousand rubles. All others - 0.6 percent, but not more than 1 million rubles.

Registration of property assets. Real estate, as well as cars, are subject to registration.

The procedure for inheriting property

A privatized apartment is inherited by will and goes to the legal successors equally if the shares are not determined.

For example, first- and second-degree heirs (spouses, parents, children, grandparents, nephews) need to pay property taxes. The amount is equal to 0.3% of the cost of the apartment, which is indicated in the appraisal documentation. However, the upper tax limit should not exceed one hundred thousand rubles.

In the absence of the above persons from the first and second priority groups, the inheritance (privatized living space) passes in equal parts to the heirs of the third priority.

The procedure for registering an inheritance is divided into several steps:

Collection of documents confirming the right of inheritance.
Contacting a notary and providing the necessary package of documents, which gives the right to register an inheritance. The notary, in turn, will have to open an inheritance case and send the necessary requests to banks and other organizations to obtain information about the financial condition of the heir.
Collection of documents for living space - technical documentation, estimated value and personal account information.
Receipt of property after six months from the opening of the inheritance and subsequent application to the Registration Chamber to obtain title documents for the living space.

The so-called "extraordinary" heirs

There is also a special category of heirs who can join any line called to inherit and receive an equal share with them. This:

disabled relatives indicated as part of one of the lines of inheritance (from 2nd to 7th), provided that they received constant maintenance from the testator (i.e. they were his dependents) during the last year,
disabled dependents who were already mentioned in the 8th line of heirs. If none of the heirs of the previous seven orders accepts the inheritance, then they will receive it in full.

But if closer relatives have declared their rights, then such dependents will inherit only a share equal to the rest of the heirs.

Please note that not only disabled people are now recognized as disabled, but also citizens who have reached pre-retirement age (i.e. women - 55 years old, men - 60 years old).

Therefore, such an unexpected situation may arise, for example: the children accepted the inheritance after their father, but he also had a cohabitant who was 55 years old, she did not receive a pension and for the last year she lived on the testator’s money.
Having proved her dependency, such a cohabitant can legally oblige the children to give her an equal share of the inheritance.