How to re-register an apartment after the death of the owner without a will

The process of re-registration of state property to a citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.

Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to the new citizen.
Rent. Rent agreements are often concluded with elderly single people.

The main tenant has died. How to re-issue documents correctly?

This can happen based on the laws of our state, and only once in a lifetime. Housing owned by the municipality or that is used as a social rental facility can be privatized. Privatization of an apartment and registration of an apartment are carried out according to a single principle. The tenant and heir can privatize the property free of charge. Together with him, all legal successors, with the exception of abandoned heirs, can engage in the process. For the privatization procedure, you need to obtain permission from other heirs living in the given territory.

These documents can help in the privatization process.

The procedure for inheriting an apartment

If the testator has drawn up a will in accordance with all the rules, it is kept by a notary. After death, the heirs turn to him with a death certificate to open an inheritance. Within 15 days after contacting the notary, the latter is obliged to take steps established by law to notify all persons mentioned in the will and set the date for the publication of the document.

From the moment of death, potential heirs have 6 months to claim their rights to the inheritance.

If the will is not drawn up by the owner, his apartment and other property will be inherited by law after death. The main issues related to determining the order of inheritance according to the law are reflected in Chapter. 63 Civil Code of the Russian Federation.

Heirs of the 1st stage

In the absence of a will, after the death of the testator, the apartment will be divided in equal parts among the first priority heirs. These include:

spouses;
parents;
children.

Minor children receive their share in any case. Even if there is a will in which they are not mentioned. If at the time of the death of the testator all representatives of the first stage are present, the division of the apartment after death is made in equal shares between them.

To claim their rights, first-degree heirs contact a notary within six months after the death of the testator. To open an inheritance, you will need to provide a death certificate of the testator.

After 6 months after the death, the heirs who have declared their rights must once again contact the notary and submit an additional package of documents for the property that will be divided.

In addition to identity cards and documents confirming the degree of relationship, the heirs will be required to:

A document confirming the right of the testator to acquire property. Depending on the grounds, these may be different documents; if the issue concerns a privatized apartment, a privatization agreement will be required.
Documentary evidence of ownership of the divided apartment. To do this, you can issue an extract from Rosreestr.

If there is at least one heir of the first stage, the heirs of the subsequent stages lose this right. Grandchildren can also inherit in this order, but only on the condition that their parents have already died at the specified time.

Heirs of the 2nd stage

If persons who can be identified as heirs of the first stage are absent or are recognized as unworthy, the property is inherited by citizens classified as heirs of the second stage:

grandparents of the testator;
blood and half-brothers and sisters of the testator.

In some cases, nephews and nieces of the testator can act as second-order heirs, but only if their parents have already died by that time.

They enter into inheritance according to a common scheme for all.

Heirs of the 3rd stage

The Civil Code of the Russian Federation indicates the testator's aunts and uncles as heirs of the third stage. If at the time of entering into inheritance they cannot inherit, their children acquire this opportunity, i.e. brothers and sisters of first cousins.

If the heirs of the first three orders have not declared their rights, the order is determined by the degree of remoteness of kinship. The list in descending order is presented in Art. 1145 of the Civil Code of the Russian Federation.

If there are no heirs

Who will get the apartment if there are no heirs either by will or by law? This situation is possible in the absence of relatives, when they do not want to enter into an inheritance, or when the heirs are recognized as unworthy by law.

In such cases, the property is considered escheated, and municipalities or the Russian Federation must inherit it. While heirs by will or law have the right to refuse inheritance, municipalities and the state do not have such a right. They are obliged to accept the inheritance mass.

Re-registration of an apartment - step-by-step instructions

After privatization, there were three more co-owners: me, my sister and nieceread answers (1) Topic: Statute of limitations 3 years Question: They didn’t re-register the personal account in their name after the exchange. The number of registered ones has changed, and the bill comes to the old owner with a smaller number of registered ones. read answers (1) Topic: Can I privatize an apartment Until recently, the three of us lived in a municipal apartment: mother, me and my son.

Recently, my mother received an apartment from the state and was discharged. Count answers (1) Topic: Personal account Mom wants to transfer the personal account to me. Please tell me the procedure.

Who will get the apartment after the death of the owner if there is no will in 2020?

> Inheritance > Who gets the privatized apartment after the death of the owner without a will

29.04.20190

1 Composition of heirs
2 Features and rules of inheriting an apartment without a will
3 Procedure for registering an apartment as an inheritance

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 apartment is privatized for several people, then after the death of one, the distribution of shares is also carried out through the court; the procedure becomes more complicated in the absence of a will.

To clarify how an apartment is inherited after the death of the owner without an existing will, you need to contact a lawyer and study legal information that will help you better navigate the inheritance procedure.

Inheritance after the death of a father without a will

The head of the family may die without leaving a will , and this situation is the most common in Russian reality.

If he did not leave a will, then all his property passes to his heirs by law .

The legal heirs realize their succession in the order provided for in Articles 1142-1145 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and Art. 1148 Civil Code of the Russian Federation:

First of all, children, wife and parents ;
, brothers and sisters , as well as the father’s grandparents, are called upon to inherit ;
Third-stage heirs include uncles and aunts .

According to Art. 1141 of the Civil Code of the Russian Federation, heirs belonging to each subsequent line can receive the property of the deceased if there are no heirs of the previous line or if they exist, but:

do not have the right to receive an inheritance;
excluded from such succession (under Article 1117 of the Civil Code of the Russian Federation);
deprived of inheritance (according to paragraph 1 of Article 1119 of the Civil Code of the Russian Federation);
none of them accepted the inherited property;
they all refused the inheritance.

In very rare cases, it happens that there is no one to inherit within the first, second or third stages. In such cases, everything that belonged to the deceased goes to his more distant relatives , namely:

to great-grandparents (fourth stage);
to cousins' grandchildren and great-aunts and grandfathers (fifth stage);
to great-great-grandchildren, first-cousin nephews and great-uncles and aunts (sixth stage);
to stepdaughters, stepsons, stepmother and stepfather (seventh stage).

As follows from paragraph 2 of Art. 1141 of the Civil Code of the Russian Federation, the heirs of each line receive equal shares of what the testator has acquired. The exception is succession by right of representation .

According to Art. 1148 of the Civil Code of the Russian Federation, if by the day of death the father had disabled dependents (regardless of the fact of living together with him) or other dependents who lived with him for at least a year, who have the right to receive anything, because they are not his legal successors, then they inherit together and equally with other persons.

If a will is not made

If the spouses have not officially registered their relationship, then it will be difficult to prove in court the right of inheritance of one of them, but this can be done. To do this, it is necessary to provide undeniable evidence that the couple lived together and acquired property jointly. Testimony from neighbors and other relatives and the availability of receipts from stores will help with this.
If one of the blood parents of an adopted child has died, then he has no right to inherit from him. The exception is cases when, by a court decision, the child has maintained ties with his natural parents or one of them. An adopted child can inherit property after the death of his adoptive parent.
Disabled dependents of the testator can claim an inheritance if they have been dependent on him for at least a year and have lived with him all this time.

Inheritance after the death of the father by will

When a father leaves a will , it is somewhat easier to determine his legal successors, because they are almost always directly named in this document.

A will is the only way to dispose of your property in the event of your death. Only a legally capable citizen can make a will. Making a testamentary disposition through a representative is not permitted.

In a will, a person can transfer what belongs to him or will belong to him to any persons (including legal entities) in any shares, as well as deprive someone or all heirs by law of inheritance (according to Art.

1119 of the Civil Code of the Russian Federation).

In his will, the father will probably determine who will get what after his death. According to Art. 1132 of the Civil Code of the Russian Federation, the right to interpret a will on the basis of its literal meaning is granted to a notary, executor of the will or the court. It is important that the testator's intended will be fully carried out.

The testator may appoint a person responsible for the execution of his will (executor of the will). This could be one of the heirs, or a complete stranger whom the deceased trusted. The powers of this person under Art. 1135 of the Civil Code of the Russian Federation include:

ensuring the transfer to the heirs of what is due to them in accordance with the law and the will of the testator;
protection and management of the inheritance to protect the interests of the heirs (this can be done by the executor of the will either independently or through a notary);
receiving money and other property due to the testator and transferring it either to the heirs or other persons;
execution of a testamentary assignment (the testator's order to perform a certain property or non-property action to achieve a generally beneficial goal);
the requirement to fulfill a testamentary refusal (the testator's order to fulfill a property obligation at the expense of the inheritance in favor of a third party) or a testamentary assignment from the heirs.

How to discharge a deceased person?

Discharging a deceased person is very simple. Since death is a reason for the termination of all rights, including property rights, relatives registered there can remove the deceased from the apartment.

If no one, except the deceased, was registered in the apartment, then it is advisable for the heirs not to write out the testator until the registration of ownership is obtained. To register the deceased, you need to go to the passport office, having in hand a death certificate from the registry office.

The death of a loved one is a grief for the whole family. But at the same time, it is often also a huge amount of paperwork.

If there are many applicants and they are not legally savvy, it is advisable to contact a qualified lawyer. This way you will save both time and nerves. It is important to comply with all deadlines established by law to avoid unnecessary problems.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 407-26-30 (St. Petersburg) It's fast and free!

Source: https://bogunskaia.ru/zhile/komu-dostanetsya-kvartira-posle-smerti-sobstvennika.html

How to re-register a personal account for an apartment after the death of parents

Naturally, with the presentation of original documents. As soon as they re-register, take an extract from your personal account. That's it with this organization. Let's go further - to the housing department of the administration.

There we bring originals and copies of identification documents of citizens registered in the apartment, documents proving their relationship (connection) with the deceased tenant and the death certificate of the main tenant. Identification documents, of course, include adult passports and birth certificates of minor citizens registered in this apartment. Those proving kinship (connection) include: marriage certificate (if there is a widow (widower) of the deceased), marriage certificates (if the wives (husbands) of the deceased’s children are registered in the apartment). First of all, I offer my condolences (probably the main tenant was a close friend or relative of you). So, you have a death certificate in your hands. You have already gone to the passport office and checked the deceased out of the apartment.

But the bills keep coming in his name. What to do? First of all, you need to gather all the adults registered in this apartment and all go to the housing complex together. There, the person who, according to the decision of the relatives, will be the new tenant fills out an application.

All registered adult relatives put their signatures with transcripts and dates of birth; for children, first names, last names, patronymics are entered, and dates of birth are also indicated. Signatures are placed in the presence of the head of housing and communal services, after which he certifies the application with his signature and seals.

BE SURE to check that all fields are filled out correctly! The application is small - take your time.

applications for acceptance of inheritance can be found here. But the application is not the only document that is presented to the notary. You also need to bring:

passport;
documents on relationship with the deceased;
document confirming the death of the testator;
an extract from the house register with information about all citizens who lived with the deceased in the same living space;
documents for residential premises;
cadastral documents.

Re-registering a personal account after the death of the mother

So, as far as I remember this is all. There is, of course, the possibility that you missed something, but if you come to the administration with this set of documents, you can assume that the lion’s share of the work has already been done. A housing department specialist checks and certifies all your documents and copies. With this pile of papers, you go to the window for accepting applications from individuals (in the same place in the administration), where you write an application to conclude a social tenancy agreement with you, indicate the reason for registration (you can “death of the previous tenant,” but I wrote “in connection with further residence"), again the names and years of birth of everyone registered and a list of documents provided (I was too lazy, but it’s better to indicate so that they don’t lose anything, and officials, as you know, know how and love to do this). Then wait 30 days and call.

How can you change the responsible tenant in a municipal apartment?

The division of a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay. This happens, for example, when spouses divorce and are forced to live together in the same place of residence, but in different rooms, and also when children start their own families.

Any changes in the financial-personal account are made with an indication of the document giving the right to make them. In addition, the date and signature of the passport officer must be included.

From the moment of purchasing a home, the responsibility to pay for housing and communal services passes to the new owner. This rule is established by Art. 153 Housing Code of the Russian Federation. If the apartment is in shared ownership without indicating the square meters belonging to each of the owners, then the allocation of the share in kind and the subsequent division of the personal account are possible only in court.

Rules for re-registration of a personal account upon change of owner

› Reading time: 4 minutesAA Receiving housing as an inheritance, under a social contract.

hiring, as a result of donation or purchase - a responsible and troublesome matter.

New owners, after all the worries, do not always remember that a mandatory process awaits them - re-registration (re-registration) of a personal account when the owner changes.

Not everyone understands the meaning of a personal account. Most often it is presented as calculated. But, at its core, according to its purpose, a personal account is a means of accumulating information.

It contains information about the apartment, owners, and records the history of use of electricity, water, gas, garbage disposal and other services. Opening and recording information is the responsibility of the organization providing business services. Previously, the personal account was presented in paper form, using cards on which the management company recorded all expenses.

Modern accounting is carried out using computer programs.

How to re-register a personal account for an apartment after the death of parents

In accordance with the norms of the current legislation, all members of the tenant’s family registered (registered) in a municipal apartment have the right to further residence and to draw up a social tenancy agreement in their name.

If housing is purchased not in a new building, but in an old building, then after signing the purchase and sale agreement, you need to register ownership in the register. From this moment on, the new owner of the living space is obliged to pay for utilities himself.

Please tell me how to solve this situation? What should be my step-by-step actions to achieve success? I sincerely hope for your help.

A special financial account is issued for citizens' residential premises. Registration takes place for housing owned by right of ownership, as well as under a social tenancy agreement.

The Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) does not provide for the division of a personal account into a municipal apartment.

Registration at the place of residence is not a Soviet registration. There is also the concept of place of actual residence. Just the opposite. Consent is issued in the form of a statement.

Procedure for re-issuing an electricity contract

The features of the capacity re-registration procedure were discussed in our article devoted to this issue. Having decided on the need to expand the permitted power, you can move on to the main task. Individuals who have become owners of residential premises, as a rule, do not have problems with re-issuing an electricity contract.

Certain difficulties may arise if there is a debt for the provision of energy supply services.

For legal entities, the process of re-registration of documents after a change in the owner of a property is somewhat more complicated. To avoid troubles, you should adhere to the following algorithm: The owner of the property, before transferring ownership rights, must notify the electricity supplier about this, and then terminate the contract with him, having first paid for the services in full.

Calculation for energy consumption is made according to the meter readings at the time of concluding the purchase and sale agreement.

What happens to a municipal apartment after the death of a tenant?

The highest percentage of positive decisions when dividing accounts through the court is observed in large cities of the Russian Federation, for example, Moscow and St. Petersburg. There, judges almost always satisfy the requirements, but on the condition that the municipal apartments are actually inhabited by strangers. However, in other, smaller cities, claims are almost always rejected.

Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities. As a rule, the procedure for registering a deed of gift is as follows:

The owner turns to the notary with documents for real estate and a deed of gift.
The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
The owner of the apartment and the donee sign an agreement.
The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

After accepting the inheritance and re-registration of real estate, such property is the property of the daughter, the housing office cannot refuse to re-register the documents, since the daughter is already the legal successor of the mother’s responsibilities, including debts on utility bills.

Drawing up an agreement with the gas service, if necessary ○ Advice from a lawyer: ✔ We bought an apartment on the secondary market, we receive receipts for a large debt for housing and communal services, how can we prove that this is not our debt? ✔ We bought an apartment in a new building, but we are not allowed to open a personal account , With what it can be connected? ○ What conditions determine the priority of actions?

Having considered the case, the court may recognize the two absent relatives as having dropped out. The court will also oblige the municipality to recognize the granddaughter’s right to social rental housing. The court also appoints a tenant of the property in the event that family members cannot make a single decision, and each seeks to become a spouse when the other remains in the living space with the adult children of the deceased.

Who receives the inheritance after the death of one of the spouses?

The process depends on the following reasons:

whether the spouses have a prenuptial agreement;
whether the marital share is allocated;
whether a will has been drawn up;
whether the will is individual or joint;
whether the spouse has the right to a compulsory share.

All property acquired during marriage is considered joint property of the spouses (Article 34 of the RF IC). The exception is the situation when the husband and wife have drawn up a marriage contract or an agreement on the division of property in advance.

This fact is of fundamental importance when dividing property after the death of a spouse.

The estate includes:

personal property of the spouse;
share in joint property between husband and wife;
personal debts and his share in total debts.

In the event of the death of one of the spouses, the right to his property is received by:

second spouse;
children (natural and adopted);
parents;
disabled dependents;
citizens and legal entities specified in the will.

In law

Inheritance by law is regulated by Chapter. 63 Civil Code of the Russian Federation. In accordance with Art. 1141 of the Civil Code of the Russian Federation, property is transferred in order of priority.

That is, after the death of a spouse, the first priority heirs receive the right to property.

These include:

official wife;
children (common, illegitimate, adopted);
parents of the deceased spouse.

Separately, it is necessary to highlight disabled dependents.

They can be divided into the following categories:

Relatives. A disabled relative is recognized as a dependent if he was supported by the deceased for more than 1 year. In this case, it does not matter whether they lived together.
Strangers. In this situation, the fact of living together and running a common household in the last 12 months before the death of the citizen is required.

Important! To be recognized as a dependent, a citizen must go to court.

By will

The spouse has the right to make a will at any time. Moreover, he is not obliged to notify his relatives about his decision.

The law allows a citizen to independently dispose of his property. Therefore, he has the right to deprive all legal heirs of a share in the property and choose another candidate.

By will, property can be transferred:

any individuals (regardless of age and legal capacity);
any legal entities (acting at the time of opening of the inheritance);
to the state.

By joint will

Since 2020, spouses have the opportunity to draw up a joint will (Article 1118 of the Civil Code of the Russian Federation). The document may provide provisions in the event of the death of each spouse and in the event of a joint death.

The husband and wife jointly decide on the transfer of jointly acquired property and personal property of each of them.

The document allows the surviving spouse to use the property for life. Without worrying about the appearance of heirs from among the relatives of the deceased.

A joint will is subject to the rules on compulsory share. That is, in the event of the death of a citizen, a share will be allocated from the inheritance mass for his dependents (at their request).

Marital share

The marital share refers to the surviving spouse's portion of the joint property of the husband and wife. Moreover, it does not matter which of them the object is registered to.

In accordance with Art. 34 of the RF IC, each party has the right to ½ share in the property.

In order to allocate the marital share, the surviving party must:

Contact a notary with an application.
Pay the state fee.
Obtain a certificate of allocation of the marital share.

Important! If within 6 months from the date of the death of the husband, the wife does not apply to the notary with a statement, then the property registered in the name of the spouse is included in the inheritance in full.

Subsequently, the law allows you to go to court to allocate a share. But the procedure is much more difficult.

Receiving a spousal share does not mean that the wife cannot receive a share in the deceased's property. If she is included in the will or the property is transferred by law, the woman is entitled to a share in the property.

Right to mandatory share

The husband can draw up a will, removing his wife from the list of heirs. However, the law provides for a situation where it is impossible to exclude the official spouse from the expression of will.

A spouse is entitled to a compulsory share if:

is disabled;
was dependent on the spouse for more than 1 year (due to pregnancy and childbirth);
has reached pre-retirement or retirement age.

If the husband did not take into account the wife’s obligatory share in the will or provided for it to be less than established by law, then the woman must go to court and challenge the document.

Important! The share allotted to a compulsory heir is equal to ½ share of what is due by law.

Case study:

Let's consider a situation where the wife is not included in the will. The man assigned the property to 2 heirs. The heirs of the first priority (if the inheritance were legal) are the father of the deceased, his 2 children and his spouse. This means that the wife’s share according to the law would be ¼ of the total property of the deceased. But she can receive at least 1/8 of the share as a mandatory share.

Online store of utilities

Housing Code of the Russian Federation, if a citizen ceases to be a member of the tenant’s family, then he does not lose his rights in relation to housing.

You need to take a certificate stating how many people are registered and contact the unified settlement center. If there are several owners, then each of them is required to give their approval for the re-registration of documentation. Before you buy a home, you need to make sure that the seller actually paid all the receipts. Otherwise, problems will arise for the new owner.

To legitimize the right to use living space and fix the responsibilities of the parties, a social tenancy agreement (SLA) is drawn up, in which the owner acts as a landlord (the term is used in the housing code), and the citizen acts as a tenant.

The procedure for accepting and registering an inheritance for an apartment

The amounts paid as state fees for inheritance - apartment inheritance tax - depend on the close relationship of the new owner of the apartment with its previous owner. Some categories of citizens, whose special rights will be discussed below, are exempt from all tax payments stipulated by the legislation of inheritance law.

Information about the presence or absence of a will drawn up for the lifetime expression of the will of the apartment owner is also important.

Legal deadlines

Article 1154 of the Civil Code of the Russian Federation determines the period for entering into an inheritance within 6 months after the death of the previous owner. The starting point is considered to be the moment of opening of the inheritance - the date of death of the owner of the apartment, or the date of the court decision declaring the person dead.

Re-registration of personal accounts of an apartment to another owner

A state, departmental or municipal body has the right to terminate the contract in case of violation of the rules for using housing and in other cases provided for by law.

An agreement is drawn up with a management organization that manages the common property of owners of apartment buildings. This document is necessary for registering a personal account, where all data on the payment or non-payment of money for utility bills will be entered.

A happy event happened: you became parents. And many questions immediately arose: where is the child registered after birth?

Dividing a personal account Dividing a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay.

passport of the owner-seller;
buyer's identity card;
technical and cadastral passports for real estate;
certificates confirming the absence of debt on bills in the apartment;
extract from the Unified State Register;
documents indicating ownership of real estate;
Marriage certificate;
the spouse’s permission for the transaction (if we are talking about jointly acquired property);
a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
an extract from the house register indicating everyone registered in the apartment;
consent of other property owners for sale (if the seller is not the only owner).

Why is a purchase and sale transaction unprofitable between relatives?

When a transaction for the purchase and sale of residential real estate is carried out between strangers, this is natural and understandable. And this is one of the ways to re-register ownership of an apartment.

But for relatives, this method is not very convenient and is not at all profitable from an economic point of view: firstly, both the buyer and the seller will have to pay tax, and secondly, when a transaction is executed between close relatives, the buyer loses the right to receive a tax deduction.

Re-registration of housing after the death of the owner if there is no will

Re-registration of an apartment after the death of the owner without a will.

It would be much easier to inherit property if the owner left a will. But if there is no such document, we have to talk about inheritance by law.

Based on a will, an apartment can go to not only relatives, but also to persons not related to the deceased by family ties. At the same time, the relatives of the deceased who disagree with the will cannot change the situation and transfer the housing to themselves.

Often the case goes to trial. But in order to revoke a will, very strong evidence of its illegality will be required.

An apartment that was not the subject of a will becomes inherited property for the heirs by law, that is, close relatives.

All issues related to inheritance of property are considered in the Civil Code of the Russian Federation. You can learn about the rules of inheritance and powers in Chapters 61-65 of the Civil Code of the Russian Federation.

When receiving an inheritance according to the law, all relatives are united in certain lines of inheritance (Chapter 63 of the Civil Code of the Russian Federation).

They are placed in the following sequence:

father and mother of the deceased, his natural and adopted children;
spouses;
the grandchildren of the testator inherit the property by right of representation.

Preferential rights to inheritance have persons who:

have common rights to this property with the testator;
lived in the same living space as the deceased, are registered in the apartment and continue to live there after the death of the owner.

Re-registration of a non-privatized apartment after the death of the owner

What to do when the apartment is not privatized?

First of all, you need to contact the municipality to reissue the VAT. For this you will need:

application and written consent of other residents;
applicant's passport;
an extract from the house register about the citizens living in the given living space.

When the contract is finalized, the personal accounts will change. At the same time, the new tenant will have the opportunity to privatize this living space. The main condition is that he should not have participated in other housing privatization procedures.

Re-registration of a social tenancy agreement

Having lost the main tenant, the heirs living in this apartment must renew the social tenancy agreement.

Documents required to resolve this issue:

application from the apartment tenant;
passport or other identification document;
an extract about family composition and persons registered at this address;
former DSN;
consent of other residents of the apartment, drawn up in writing;
other documents.

When a new tenant appears at an apartment, the decision to begin the privatization process lies with him.

What are the benefits of privatization?

Any property owner has the right to do whatever he wants with the inheritance, only on the condition that the apartment is privatized.

Apartments owned by the municipality can be used, but not disposed of.
How does the apartment privatization procedure proceed in the future?
An applicant for an apartment can receive ownership of it. This can happen based on the laws of our state, and only once in a lifetime.

Cost of the procedure

Registration of the certificate itself is free, but Tax legislation establishes the amount of state duty, which directly depends on the value of the inheritance.

For heirs of the first and second stages, the state duty is 0.3%, but not more than 100,000 rubles, and for relatives of other lines, the state fee doubles and is 0.6%, but not more than 1,000,000 rubles.

Additionally, you will have to pay for re-registration of the apartment - 2000 rubles.

Right of inheritance without a will

Registration of documents for an apartment after the death of the testator without an official order of the deceased occurs in a different order. There are five categories of successors:

Children (natural and adopted), spouse, parents.

Important: preference goes to those who were registered with the deceased, lived with him until his death, took care of him or had a share in the inherited property.

If we are talking about a deceased spouse, then the property passes into the possession of the second spouse, since it is regarded as jointly acquired property. Other applicants can count on the remaining valuables or money of the deceased. The second spouse, having received the inheritance document, must register ownership in Rosreestr.

Brothers, sisters, grandchildren, grandparents.
Nephews, aunts, uncles.
Strangers who lived with the deceased for 5 years before his death in the same house and took care of him.
Distant relatives and other people not part of the deceased's family.

Each category of successors cannot claim a share as long as representatives of the previous category are alive or until they have renounced their part (officially before a notary).

Inheritance registration process

Immediately after death, the relatives of the deceased need to contact a notary. He opens an inheritance case, collecting information about all possible successors and the size of their share. By law, everyone receives equal shares. But by general agreement of the successors, these dimensions can be changed, which will be indicated in writing.

The procedure for inheriting an apartment by law after the death of the owner in 2020

When we talk about who will get the apartment if its owner has not made a will, then we mean a privatized apartment.

The Civil Code clearly states that in the absence of a will, a privatized apartment after the death of the owner without a will is distributed among the heirs according to the law.

According to Chapter 63 of the Civil Code of the Russian Federation, there are three main groups of heirs:

Heirs of the 1st stage - spouse, parents of the testator, his children. Also included in this line by right of representation are the grandchildren of the property owner and their descendants. They can receive rights to inheritance only if the main heirs of the first priority have died or abandoned the inheritance.
Heirs of the 2nd stage - full or half (paternal or maternal) sisters/brothers of the testator, grandparents. Also, the second group of heirs by right of representation includes nephews/nieces (if the heirs of neither the first nor the second stage are no longer alive or they have given a written refusal of the inheritance).
Heirs of the 3rd stage - relatives or half-aunts/uncles of the deceased owner of the property. If the third-order heirs are no longer alive, then the testator’s cousins/sisters (by right of representation) have the right to inherit.

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.

That is, if the heirs of the first stage refuse the apartment or are no longer alive, then the heirs of the second stage will have the right to the property.

In addition to the main three lines of heirs in the Civil Code, there is the concept of heirs of subsequent lines. In practice, however, it is rare for such persons to exercise the right to receive the testator’s property, since they are mainly heirs of the first three orders.

Re-registration of an apartment after the death of the owner with a will

When the decision to draw up a will has been made, the owner should under no circumstances ignore a visit to the notary’s office. A document certified by a notary has legal force.

The heir specified in the will must not be present when the document is certified. He may not even know about the existence of a will.

After the death of the testator, his movable and immovable property is inherited in exactly the same way.

Housing that was acquired by spouses and then privatized during a legal marriage is considered jointly acquired property and is distributed equally between the spouses. The deceased's share will be divided among the remaining legal successors.

Order of succession

The heir of the deceased owner is established by law.

Only relatives of the deceased can inherit property by law. They are distributed across seven lines of succession. Persons in the first line of inheritance may be the first to inherit property.

The distribution of relatives into appropriate queues depends on the degree of their relationship with the deceased testator.

Terms of inheritance

The beginning of the opening of the case is the date of death of the property owner. Within a six-month period, applicants for inheritance must write appropriate applications by contacting the district state notary office at the place of last registration of the deceased owner.

If the deadline established by law for contacting a lawyer has been missed, then a court decision is required for the notary to accept the documents.

For a positive verdict from the judicial authority on extending the period for entering into inheritance, it is necessary to provide arguments that the reasons for which the date of the visit to the office is overdue are valid.

If the property is mortgaged

After the death of a loved one, everything becomes the property of his relatives. But if the apartment or house was under a mortgage, then along with the real estate the successor also receives debts on the loan

If the deceased had an insurance policy, then you can not pay debts and transfer the property to yourself.

But this rule applies to those cases when a person died not from a chronic disease or from leading an extreme lifestyle.

Otherwise, all debts, penalties and late fees will fall on the shoulders of the successor. You can start repaying the mortgage 6 months after the death of a relative. During this time, you need to have time to renew the agreement with the bank and have it certified by a notary. After paying all debts, the new payer becomes the owner of the property.

Opening of inheritance: timing and place

This is the first stage of the entry procedure. It is important to know how the periods established by law are determined. According to the Civil Code, six months are allotted for this. The starting point is the date of death of the testator indicated on the death certificate.

Sometimes the deadline for registration is not so easy to set. This happens when it is impossible to determine the exact date of death. In such a situation, they go to court. Doctors cannot confirm death when it comes to a missing citizen. 5 years after the disappearance, the person is declared dead in court. The report is kept from the date specified in the resolution or judicial act.

How to determine the correct location? All information about the actions of a notary is stored in a single notary database. Information is not disclosed to outsiders, especially when it comes to an inheritance that is provided for re-registration on the basis of a secret (closed) will. But a lawyer or a practicing notary can find out the details.

Source: https://mir-katushek.ru/finansovye-sovety/17294-pereoformlenie-zhilya-posle-smerti-sobstvennika-esli-net-zaveshhaniya.html