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The inheritance procedure is not the fastest process, and in some cases can take a lot of time and effort. But having the necessary information, it is possible to save at least time costs. Below is information about what documents heirs need to enter into an inheritance, not only in general cases, but also when inheriting certain types of property.
Documents required for inheritance of certain types of property
Above we reviewed the general list of documents required in each case of inheritance. But this list may expand, depending on the type of inherited property. Let's look at each type in more detail.
Documents required for inheritance of real estate
Real estate inheritance can be divided into several stages:
Removing a deceased citizen from registration
To complete this procedure, the applicant must apply to the passport office window at the MFC.
To inherit real estate, you need to prepare an impressive package of documents
The applicant will need to present a passport, death certificate, and a written application. Deregistration is carried out approximately within 6-7 days, which is recorded in the house book. In order to make sure that deregistration was successful, the applicant can order an extract from the house register about the number of persons registered in the apartment.
Provide the notary with the following set of documents:
- Death certificate of the testator.
- Documents confirming family relations or a will.
- An extract from the house register at the place of residence of the testator indicating that he has been deregistered.
- Title documents for real estate (apartment, dacha, land plot, garage, etc.). This could be an agreement for the transfer of ownership of an apartment (privatization), a purchase and sale agreement, a gift agreement, etc.
- If the ownership of the apartment was registered before 1998, you will also need to obtain a certificate of registered rights from the City Property Department. Moreover, if the heir is not also the owner of the inherited apartment, the certificate will be issued only through a request from a notary.
Obtain a certificate of inheritance
If all documents are in order, the notary issues the applicant a certificate of inheritance. This document is the basis for registering ownership of real estate.
From February 1, 2020, it is possible to register ownership of real estate through a notary who handled the inheritance case. The notary independently sends the data to Rosreestr. The period for registering property rights in this case, together with sending documents, takes about 5 business days. It must be remembered that for registration actions the applicant must pay a state fee to Rosreestr; the amount of the fee for registration through a notary is 1,400 rubles.
In this case, the applicant, if desired, can act not through a notary, but personally contact the Rosreestr authorities through the MFC. At the same time, the registration period will be increased and will be about 9 working days, and the state fee will have to be paid in the amount of 2,000 rubles.
What documents will you need?
The documents required to enter into an inheritance depend on the composition of the inheritance, the method of accepting the inheritance, the heir's queue and the number of other applicants. The standard list includes:
- The application is included in the mandatory list of documents for accepting an inheritance from a notary. The forms differ slightly, depending on the method of obtaining the inheritance share (by law or according to a will).
- Death certificate. The document is issued at the registry office. If the fact of the testator’s death was impossible to record (missing in action, was at war, etc.), the heir provides the notary with a court decision declaring the relative dead. You can obtain this paper in court after the trial.
- Applicant's passport. Refugees and foreigners have the opportunity to provide another document confirming their identity.
- Any documents confirming the presence of blood relationship with the testator in cases of filing documents to receive an inheritance by law. Such documents include marriage and birth certificates; certificates from the registry office, court decisions and excerpts from books with metrics.
- A document certified by a notary with the will of a relative regarding the property. If the applicant accepts an inheritance under a will from a notary, this document is required. Read about the procedure for inheriting a will here. The will must have a notarial note indicating the actual contents and the absence of other documents other than this one.
- Confirmation of the place of registration/residence of the testator. The inheritance is transferred to the place of last residence of the deceased; the territorial correctness of the application can be confirmed using an extract from the house register/certificate from the Federal Migration Service or EIRC.
- If other heirs have renounced their shares in the testator's property - notarized statements.
The timing of inheritance after the death of the testator largely depends on how complete and high-quality the package of documents collected by the heirs and transferred to the notary's office is. If it contains additional certificates and extracts, this will make the process of considering the case much simpler and faster.
Features of documents on the location and composition of property
The final group includes legal papers that confirm the location and, naturally, the composition of the property for which the heirs claim ownership. They must be title to any movable and immovable property that is subject to state registration, as well as to any securities or funds. And, of course, an important requirement for them: they must indicate the ownership of this property by the testator. What kind of documents are these? If real estate is subject to registration, then such title documents are purchase and sale agreements, land deeds, exchange and donation agreements and, in addition, privatization. These also include a certificate of inheritance. If we are talking about inheriting a share in the authorized capital of commercial partnerships, then it is necessary to present an extract from the securities register and the memorandum of association with the charter. In the case when we are talking about a car or other vehicles owned by the deceased, the notary must provide a certificate of registration of these vehicles with the authorized bodies. To accept an inheritance based on the deceased's deposits or other bank deposits, an agreement between the testator and the bank will be required. If there is no agreement, you can get a certificate of deposit availability from this bank.
How can you enter into an inheritance?
Two ways:
- performing actual actions (starting to use the property, incurring expenses for its maintenance (rent, etc.), incurring security costs (installing locks, alarms), paying off loans, collecting debts);
contacting a notary.
Even if the heir performs actual actions, in order to register the property, he must obtain a certificate of the right to inheritance. Only it confirms the rights of the heir. Therefore, a private or public notary is an obligatory participant in the process of registering an inheritance.
Documents that are necessary to register an inheritance in the manner prescribed by law
So, if it has been established that the deceased did not leave any wills to third parties, and the established period has expired after which one can claim the inheritance, a close relative has the right to demand the property of the deceased by law. What documents are needed to register an inheritance in this situation?
- Statement.
- Certificate of recent place of residence of the deceased.
- TIN.
- Certificate of death of a person.
- Certificates confirming relationship.
- Real estate documents.
- Documents for other property (including money left after the death of a relative).
- Extract from the house register.
- A document that values all of a deceased person's assets as of the date of death.
- Papers on the non-property rights of the heir.
There are also situations when, after a person’s death, heirlooms and other family property remain. What documents are needed to enter into inheritance in this case?
In fact, there is no exact list, but the notary needs any documents or papers that could prove that a close relative can claim this property.
Documents for registration of inheritance according to law
If you are claiming an inheritance by law, provide the notary with documents confirming the degree of your relationship with the testator. In current Russian legislation there are eight lines of inheritance. The first priority successors include children and parents. Higher-ranking heirs always have priority.
So, what do you need to provide to the notary? The final list of documents depends on the specific situation related to the inheritance of property.
It can be:
- birth certificate;
- a document confirming the conclusion or divorce of a marriage (if the surname has changed);
- certificate of name change;
- other documents.
If it is not possible to provide a package of documents confirming the relationship of the deceased and the heir, then in this case the applicant is obliged to go to court and prove his family ties there. In the future, having a legal court decision in your hands, you can already contact a notary. The court also establishes whether the heir was dependent on the deceased. In this case, the court's conclusion is also the basis for the official entry into the right of inheritance.
In order to enter into the right of inheritance, you must also substantiate your claims to certain property that previously belonged to the deceased. This can be real estate - land, apartment, house, car, money, securities and much more.
What documents does a notary need to enter into an inheritance?
Advice from lawyers:
1. What documents must be provided to the notary to enter into an inheritance?
1.1. Good evening. Inheritance can be different and the documents, accordingly, are different. The main ones are proof of relationship or a will and a passport.
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1.2. Hello. The main documents are: Death certificate of a relative, title documents for property, your passport, the notary may request other documents.
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1.3. Hello. You must provide a death certificate and confirm your relationship to the deceased. The notary will tell you what documents you will need.
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1.4. What documents must be provided to the notary to enter into an inheritance? First you need to go in person
to a notary and find out all this in detail from him. He is not your enemy. And the assistant. For which he takes money from you.
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2. What documents are needed to apply to a notary to enter into an inheritance?
2.1. Go directly to the notary. You will be given a “slider” list of documents for your individual case. You will need to bring with you: a passport, a document confirming your relationship with the deceased, and a death certificate.
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3. What documents must be provided to the notary to enter into an inheritance?
3.1. For 1 application, a death certificate, your passport, chain of kinship (if required by law), an extract from the last place of residence (will be given if registered jointly or inheritance by will, in other cases at the request of a notary)
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4. Please tell me what documents are needed for a notary to enter into an inheritance while in another city.
4.1. The inheritance is opened at the last place of residence of the deceased. In order to write an application for acceptance of an inheritance, you need to provide the notary with a death certificate of the testator, a certificate from the place of residence of the deceased, documents confirming the relationship with the testator, and a will (if drawn up). If the inheritance is real estate - an extract from the Unified State Register. If there are bank accounts, the notary will make a request.
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5. Please tell me what documents need to be provided to the notary to enter into an inheritance?
5.1. When submitting an application to accept an inheritance, the notary must provide a death certificate and documents confirming the relationship, and, if available, a will.
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5.2. Hello. Death certificate, your documents, documents confirming kinship and documents for inherited property.
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5.3. Good afternoon. Documents required for entering into inheritance by law: - confirming the fact of the death of the testator; - establishing the time and place of opening of the inheritance; - confirming family or marriage relationships - the composition and location of the property. Documents required to enter into an inheritance under a will: - confirming the fact of the death of the testator; — establishing the time and place of opening of the inheritance; - composition and location of the property.
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5.4. Hello Tatiana! You need to provide a death certificate, as well as documents that confirm the relationship. In particular, this is a birth certificate.
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6. We submitted documents on entering into an inheritance through a notary, these documents went to the Rosreestr, I want to find out in the Rosreestr myself at what stage our documents are at... for this I need the application number.
6.1. Evgenia, good afternoon! If the transfer of rights was completed by a notary, then you have the right to approach him and find out the result. In addition, you have the right to make a request regarding real estate and the registry will respond to you.
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6.2. You do not need to contact Rosreestr. Registration of the heir's property rights through a notary is carried out within 24 hours. But keep in mind that you will receive an extract from a notary without a stamp, which is not accepted anywhere. If you ask a notary to certify it, be prepared to pay him an additional about 1000 rubles. This is the order.
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7. My husband died. The heirs of the 1st stage are his mother, his eldest daughter from his first marriage, me (his legal wife) and our common son, 2.5 years old. My husband's mother and eldest daughter wrote a refusal in my favor. What documents need to be provided to the notary to enter into an inheritance (I will enter by proxy, since I am in a different region).
7.1. Hello, Death certificate of husband, marriage certificate, documents for inherited property, birth certificate of a child. I wish you good luck and all the best!
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8. What documents are needed to register ownership of an apartment after receiving a certificate of inheritance from a notary?
8.1. Hello! With this certificate you need to contact Rosreestr to register ownership. Registration documents can also be submitted through the MFC.
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8.2. Now the notary himself submits the certificate of inheritance rights for registration and gives you an extract from the Unified State Register, where you will be indicated as the owner.
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8.3. Currently, ownership is confirmed by an extract from the Unified State Register. If the notary has not given you this extract, then you can request it yourself through the MFC.
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8.4. Hello! A certificate of inheritance, a passport and paid state duty are required. No other documents are required.
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8.5. Uv. Tatyana, this certificate must be submitted to Rosreestr for state registration of rights. When submitting documents, you must present your passport and pay the state fee.
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8.6. Greetings Tatyana. Passport, state fee 2000 rubles.
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9. What documents must be provided to the notary to enter into an inheritance for third-degree relatives (cousins)? How is it possible to prove cousins? Ages of potential inheritors: 81, 78 and 62 years.
9.1. Birth certificates of the testator's parents and third-degree heirs, birth certificates of the heirs' parents and their own birth certificates, passports, documents for inherited property. If you got married and changed your last name, then accordingly the marriage certificate. If the documents have not been preserved and it is impossible to obtain duplicates from the registry office, it is necessary to establish the fact of family relations through the court.
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10. What documents must be provided to the notary to write an application for inheritance?
10.1. Death certificate and document confirming relationship.
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10.2. Sergey, An application for acceptance of an inheritance can be submitted without documents. Submit documents later.
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11. My mother-in-law has lost her birth certificate. Now it is needed to enter into an inheritance. Upon request from the place of birth, they replied that the archive had burned down. Can she request a certified copy of the suites? About birth in a pension fund for a notary? She retired in 1994 and does not remember what documents she provided upon retirement. She lives in Crimea, Sevastopol. If this is important, I retired under Ukraine. Thank you in advance.
11.1. If the notary refuses, you will have to establish a fact of legal significance in court.
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12. Several questions, all related to inheritance in Armenia. 1. I know that there is a will, how can I find out which notary has drawn it up? 2. If one of those indicated in the will has already passed away, how will the shares be divided according to the law of Armenia? 3. What documents are needed to enter into an inheritance? 4. How much is the duty? 5. What tax will need to be paid on the inheritance?
12.1. Hello. We are not familiar with the legislation of Armenia.
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13. Please follow the procedure for entering into inheritance. The deceased grandmother has a contribution. What needs to be done? If we enter according to the law. What documents are needed to enter into an inheritance? Need to request information from the bank? And then provide it to the notary?
13.1. Alexey, you need to contact a notary and submit an application. When submitting an application, you must have a passport, death certificate, certificate of registration of the testator, documents confirming family relationships. You indicate the estate remaining after the death of the testator. The notary herself makes requests to the bank, after 6 months the notary will issue certificates. Art. 1142, 1156 Civil Code.
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14. An inheritance case has been opened. To enter into inheritance rights, one investment document is missing. Agreement for the purchase of the deceased's apartment. The notary must provide an assessment of the market value of the apartment in unfinished/unfinished construction). When must it be provided to the notary or will the inheritance case be opened indefinitely until the potential heirs provide this document?
14.1. Hello. The Civil Code of the Russian Federation provides for a period for entering into inheritance. According to Article 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance. Upon expiration of the specified period, the notary issues a certificate of the right to inheritance. There is no time limit within which documents must be provided to the notary. Therefore, in your case, a certificate of inheritance for an apartment can be issued at any time after the expiration of 6 months, subject to the provision of the missing document.
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14.2. The law establishes deadlines only for filing an application for acceptance of an inheritance (Article 1154 of the Civil Code of the Russian Federation). There are no deadlines for obtaining a certificate of inheritance, so you have nowhere to rush.
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15. Question - What documents must be provided to the notary to enter into an inheritance? Question: Can I apply on the basis of a foreign passport? Does the person live in Finland? Passport R.F. expired?
15.1. To open an inheritance case, you must submit to the notary documents confirming the relationship or will, or a death certificate. Certificate from the place of residence of the deceased. You can present your passport.
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16. What documents must be provided to the notary to enter into an inheritance if my son died in a boarding school for the disabled, I am a mother, I am in a second marriage and my son and I have different surnames, from the inheritance only the account that he had in the boarding school, he does not have a father , he died a long time ago.
16.1. Good afternoon Application for acceptance of inheritance, death certificate, marriage certificate. Perhaps additional documents that the notary will indicate. “Civil Code of the Russian Federation (Part Three)” dated November 26, 2001 N 146-FZ Section V. Inheritance law.
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17. What package of documents is needed to sell an apartment in Bulgaria? The apartment was bought in my name during marriage, my husband died, there is a death certificate, a will for my daughter, her refusal of inheritance in my favor. A certificate from a notary to enter into an inheritance for me. Which documents should be translated into Bulgarian - in Russia or only in Bulgaria? How to certify? Thank you in advance.
17.1. For this you will definitely need: A valid passport; Notarial deed; Declaration of marital status; A declaration of the absence of unpaid enforceable tax debts, duties and arrears of pension contributions, a death certificate, a will for a daughter, her refusal, a certificate from a notary, title documents for an apartment - all documents must be translated and notarized.
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18. A month ago, my father died, with whom he had not kept in touch for about five years. What documents are needed to visit a notary regarding inheritance? If there is no death certificate, how to get one?
18.1. Birth certificate, your passport. Death certificate. You receive it at the Civil Registry Office at your father’s place of residence.
Did the answer help you?YesNo
18.2. If you are the child of a deceased person, then based on the birth certificate you will receive all the necessary documents. But I have to warn you. What if you did not bury your father, but were his only close relative, then you may be recognized as an unworthy heir, and the inherited property escheated. You can get a death certificate from the registry office or MFC, have your passport and birth certificate with you, if the burial has taken place, if not, then it is issued on the basis of a death certificate. For a notary, a death certificate, your passport, birth certificates and a certificate from the last place of residence of the deceased are enough. You can bring documents about inherited property later during the conduct of the inheritance case.
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19. On my mother's birth certificate and on my grandmother's birth certificate and on my grandmother's divorce certificate. The same name is indicated as my grandmother's middle name. And then according to the passport, I dreamed, and other documents, including the death certificate, the soft sign from the patronymic disappears. Now, upon entering into an inheritance, the notary sent us to court to prove our relationship. What documents are needed to prove that my grandmother and my mother are relatives?
19.1. Good afternoon, you need to establish the fact of relationship in court using all the listed documents, witnesses and TD. Draw up a statement of claim and attach everything you have to it.
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20. The grandmother died in April of that year, her son submitted documents to the notary to enter into an inheritance (1/2 of her apartment, the other half was privatized in his name), but died in November of the same year. How can I (his daughter) now inherit both my grandmother’s share and my father’s share? What documents are needed?
20.1. Hello! Submit an application to the notary to accept the inheritance after the death of your father before six months from the date of his death. The inheritance already belongs to him, since he accepted the inheritance during his lifetime.
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20.2. You or your lawyer can contact any notary in Samara and submit an application to issue you a certificate of ownership of your grandmother’s share of the apartment and your father’s share by inheritance. You must present to the notary the death certificates of your grandmother and father and their copies, your birth certificate, an extract of their IGN for the apartment and about the owners of the apartment, which you can obtain from the MFC or Rosreestr (by paying money for the extract), a certificate of family composition. The extract from the IGRU must indicate the cost of the apartment and shares of the apartment. The notary can issue you notarial requests, to which government agencies must provide you with answers.
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Please tell me what documents need to be submitted to enter into an inheritance if one of the owners of the apartment has died.
After my mother died, I was left with an apartment. What documents do I need to collect before contacting a notary to enter into an inheritance?
Is it possible to find out the exact list of documents for inheriting an apartment and deposit? And which notary should I go to?
When preparing documents for inheritance of real estate in another state, a notary made a grammatical error in the spelling of the surname.
The couple lives in Israel. My husband recently died. He has an account in Sberbank in Russia into which the Russian pension is received.
What documents are required when inheriting an apartment? I am the heir of the 1st stage, I lived together with my deceased mother.
My dad died in another city, he will be 6 months old in May. I want to inherit.
There is a will for a house in the village for two brothers, 1/2 each. One brother executed it.
What documents need to be collected to enter into an inheritance and how much will the notary services cost?
I have a question. I live in Ukraine. My cousin died in Grozny.
What documents must be provided to the notary (unless another organization is intended to resolve this issue) to enter into an inheritance under a will?
