Even bequeathing property to your descendants for free must be done in a strictly established manner. The drafting of a will itself is only a small part of the entire procedure for registering the will of the testator. But only the execution of a will by a notary can give legal force to a document. The procedure for probating property is covered by a number of legal norms in the Civil Code of the Russian Federation.
The absence of a testamentary document or violation of the procedure in which its certification occurs will lead to legal disputes and the cancellation of the will. As a result, the testator's property will be distributed not according to his will, but according to the legal order of inheritance, in accordance with the established order.
The legislative framework
The legal aspect of a will is the natural expression of will in relation to heirs and property. The significance of the document is that when distributing rights, the opinion of the deceased is taken as a basis. If the paper was not drawn up during life, then the inheritance issue is resolved within the limits of the law, which means that the advantage is on the side of the direct heirs: spouses, children, parents.
A written, notarized wish of the deceased is a way to express personal will in relation to acquired real estate. In this case, the apartment can be inherited by a specific person who does not have a direct relationship or family ties with the owner.
What is required to make a will?
To create and certify a testamentary document, you must provide the following documents:
- passport (for a citizen of another country - international passport);
- the will itself;
- certificate from a psychoneurological dispensary.
In some cases, the preparation of a document requires the presence of witnesses.
Individuals required:
- if the will is created in closed form;
- if the document is equivalent to notarized;
- if the paper has the status of being drawn up in emergency circumstances;
- when the testator himself requires the presence of witnesses.
In all other cases, the presence of witnesses is not necessary.
Any citizen who has reached the age of 18 and is recognized as legally competent can act as a person confirming the legality of the testator’s actions.
It is necessary to master the language in which the paper is written. The law obliges such persons to keep the document secret until it is opened.
Stages of registering a will for an apartment
Deciding to leave behind the main document of title is a rational and measured step. In some situations, even insidious. Each person has the right to independently dispose of acquired property: to reward or punish someone.
To relieve tension and eliminate unnecessary questions, it is advisable to draw up a will in accordance with the existing protocol of actions.
- Decide on candidates for inheritance.
- Decide on equity participation in the case.
- Distribute property rights and some obligations.
The decision made regarding to whom and in what proportions the will will be addressed is endorsed by a notary. Depending on the client’s wishes, the document is of an open type, if a legal entity was involved in its preparation, or a closed type. In the second option, the text is known only to the owner, so two witnesses are involved to confirm the conscious expression of the citizen’s will.
How to inherit by will
To do this, you need to perform the following procedure.
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- Searching for a will at home or at a notary. Requests are made to the Regional and Federal Chambers. If there is no information, it means that the owner did not draw up a will.
- Studying the document. The notary reads it. He must inform all interested parties about the existence of a will within 15 days after the death of the owner.
- The inheritance is accepted, 6 months are given to take over the rights.
What needs to be done six months in advance to enter into inheritance rights:
- Submit a document confirming the death of the owner to the notary, as well as documents confirming the existence of property.
- Confirmation of relationship (if necessary).
- Draw up a statement of consent to accept the property.
- Pay notary services and fees.
If the heir wants to renounce the property, he must do so in full; partial renunciation is not recognized.
Documents required for registration of a will
Another requirement that the notary makes of the testator is the presence of a complete package of grounds for the transfer of property after the death of the owner. To draw up paperwork at the notary's office you will need to bring:
- Identification. In the Russian Federation, such a document is a passport. It helps to establish and verify data.
- Title papers for living space are provided not for the purpose of confirming property rights, but to identify the object of inheritance (the actual location address).
- Medical examination. The testator must obtain a certificate of health from a psychoneurologist. This requirement also applies in specific cases and depends on the age of the client. The older he is, the stricter the rules.
- Personal information about heirs, according to passport data or birth certificate for minors.
Additional documents
Most often, the matter is not limited to the list of basic documents. Depending on the specifics of the inherited property, the list may be changed and supplemented.
Inheriting an apartment
When the will states that the testator has decided to inherit an apartment or any other real estate, the heirs will have to collect some additional documents:
- technical passport for the apartment. Issued by the BTI authority, contains a floor plan. If the apartment has been redesigned, this action must be agreed upon and permitted;
- certificate from the tax office. In this case, it is issued to confirm the absence of property tax (an apartment, for example);
- grade. When appraising an apartment or other real estate, it is necessary that the data on its value be current as of the date of death of the testator;
- contract We are talking about any type of agreement that can guarantee that the testator bought an apartment or other real estate (received it as a gift, exchanged it, etc.);
- certificate of state registration of property.
Inheriting a plot
If the testator was the owner of the land, which he decided to include in the list of bequeathed property, the following papers will be required:
- cadastral plan of the site;
- an agreement under which the land became the property of the testator (donation, exchange, etc.);
- grade. A certificate containing data on the value of the plot on the day of death of the testator.
Car as an inherited property
If you inherit a car, papers characterizing the vehicle are added to the general list:
- PTS (vehicle passport);
- grade. By analogy with other types of inherited property;
- vehicle registration document (certificate).
Documents for registration of inheritance for deposits, securities
When inheriting property of this type, you will need the following documents:
- confirmation that the deposit belongs to the testator (agreement with the bank on opening a deposit, an account for storing funds);
- information from the joint-stock company that it has a share of shares owned by the testator;
- valuation of securities.
Probate costs
Such manipulation does not incur any special financial costs. The testator only needs to pay for the notary's services. The tariff depends on:
- client status;
- assessment by a specific specialist of his own legal and technical services.
The average price tag set for document execution includes:
- payment for manipulations to draw up the text of the will – 1000 rubles;
- The cost of a letterhead notarization is 100 rubles.
Additional costs may come from consultations, clarifications, and legal support. All this is reflected in the size of the final amount.
Cost of notarization of a will
The cost of registering a will with a notary and having the document certified is determined by each office independently.
Notary fees for wills in 2020 may be as follows:
- Drawing up a draft testamentary act (cost of one page) - from 1000 rubles;
- Notarization - from 100 rubles;
If the testator decides to make changes to the document, notary services will have similar prices to those established during the initial registration.
A thorough study of the issue does not always guarantee a positive outcome.
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What does a testator need to know?
The document, which comes into force after the death of the addressee, is drawn up personally and according to the expression of will. The procedure excludes the presence of third parties, but is reversible.
You can rewrite the text at least every month. Only the document that was certified last has legal force. Therefore, the main condition is to indicate the date and place of its compilation.
The testator must understand that minors and incapacitated children or disabled parents, spouses, as well as dependents who have been in the care of the addressee for more than a year are guaranteed to enter into inheritance rights, even if there is a will for the share of the apartment. The fact of the legal basis is established at the time of the death of the owner of the property. They cannot be voluntarily deprived of their share, because the state is on their side.
Writing a will
There is a document drafting protocol used when writing a will in the presence of a notary:
- The text must be drawn up in your own hand if it is a closed type.
- The testator's condition must correspond to medical indications.
- The testator is not influenced by third parties.
- If it is physically impossible to formalize a citizen’s will in person, the text is written under dictation by a notary in the presence of two witnesses.
- The signature of the legal entity and the citizens present is evidence of the testamentary document and confirms its authenticity and truthfulness.
Required documents for a will
To draw up a will (a sample will for an apartment can be downloaded in the Additional materials section) you need only 2 documents:
- Testator's passport. Before completing the transaction, you should check your passport; if it expires earlier than 2 months, it is better to replace it immediately. Without a valid passport, the notary will not be able to verify the identity of the testator and will not approve the transaction. A damaged passport with additions, corrections, and torn out pages is also not suitable for drawing up a will;
- List of future heirs. It cannot be fully called a document, since there are no special requirements for the list. This can simply be a handwritten or printed list of heirs indicating their full names, addresses, contact numbers and, if possible, passport details.
A will can be drawn up for any person, but do not forget that minor children, elderly parents, and other dependents (who are such at the time of the testator’s death) will have the right to a share of the inheritance. Therefore, it is better to immediately include them in the list of heirs.
Who can certify a will?
Drawing up the text of the document and its certification is within the competence of the notary. This can be done at the location of the office or pay for the services of an on-site procedure. Due to life circumstances, a person’s will can be certified by other persons:
- head and deputy of a medical institution;
- director of a nursing home;
- head of the department responsible for prisoners;
- captain of the ship;
- commander-in-chief of a military unit.
A deed of gift for an apartment or a will? Comparison of deed of gift and will
Making a will for an apartment has its pros and cons. The most important drawback is the lack of guarantees that the housing will be inherited by the person indicated in the testamentary letter. There is also no legal protection against judicial annulment of the document by other relatives.
On the other hand, a deed of gift is a bilateral agreement on the gratuitous transfer of real estate. Gifts to relatives and strangers are allowed (with the exception of a limited number of persons who, due to the performance of their official duties, cannot receive such a gift).
If the owner of the apartment has already made a decision regarding the procedure for transferring property benefits and the form of the transaction, then you need to pay attention to the following points:
- Determination of the citizen to whom the values will be transferred. Such a person can be all persons, regardless of age, citizenship and degree of relationship. And if the donation occurs only by mutual consent of the parties, then the recipient of the property may not know about the will drawn up until the very day of the testator’s death.
- Resolution of disputes and encumbrances. Encumbrances mean monetary obligations (for example, a mortgage) that must be repaid before the date of the transaction or, the document indicates that financial debts will fall on the shoulders of the new owner.
- The right to further use of square meters. If the donated apartment is the donor’s only home, then it is necessary to indicate in the contract whether the donor can continue to live in the apartment and for how long.
- Taxation procedure. Obtaining ownership rights to real estate by inheritance or gift implies mandatory payment of tax.
Important! If other persons also live in the dwelling (for example, minor children or spouses), then you can add to the administrative document a clause on the mandatory continuation of their residence on the square meters until a specific moment.
Paperwork
How to draw up a will for an apartment is indicated in the provisions of the Civil Code of the Russian Federation. The articles of the Law stipulate that the letter of administration with the last will must necessarily be approved by a notary. The lawyer’s task is to confirm the following points:
- correctness of executed documents;
- reliability of the displayed information;
- absence of illegal statements and decisions;
- voluntariness of making a will.
In addition, writing an order is allowed directly by the owner of material wealth. A representative acting under a power of attorney cannot be involved in the procedure.
The gift agreement does not require copies to be notarized, but it is mandatory to register the agreement in the state registry. After the contract is registered, it enters into legal force and becomes the basis for the transfer of housing to the donee.
Rights to transferred property
You can bequeath any property, from personal belongings to real estate. Also, any person, even a young child, can become a recipient of material benefits. The main feature of a will is that the document can be executed only after the death certificate of the testator has been received or a court decision declaring him dead or missing has entered into legal force. Until then, the rights to own the property remain with the testator.
In the case of a donation, after the agreement is registered with Rosreestr, the donor loses all claims to the object. And the right to further use of square meters depends on the content of the agreement and the decision of the donee himself.
Possibility of changing conditions
The most important task that testators face is how to draw up a will for an apartment so that it is not challenged. As practice shows, the lion's share of administrative letters cause dissatisfaction on the part of relatives, who are left with nothing. Therefore, the resolution of disputes regarding real estate falls under the jurisdiction of local courts.
After the will is drawn up and approved by a notary, it goes through the registration procedure in the general registry. But this does not mean that the contents of the document are final and not subject to change.
Attention! Directive letters containing the last will of citizens can be repeatedly changed, canceled or supplemented. There is no limit on how many times a registered will can be amended.
A gift agreement can be changed only before it is registered with Rosreestr. Also, after the original agreements have been signed by all parties to the transaction, changes to the current text can only be made by mutual consent.
Taxation issues
Receiving valuables by inheritance or on the basis of a gift is regarded as profit, therefore it is mandatory to deduct income tax in the amount of 13% of the total value of the received object. But, there is a strict list of citizens including close relatives who are exempt from taxation. These include:
- official husband and wife (cohabitants are not considered to be in this category);
- mother and father (except for cases of deprivation of their parental rights);
- children (biological and adopted);
- Grandmothers and grandfathers;
- grandchildren;
- siblings and half-sisters.
