Share in an apartment by inheritance: how to register and receive documents

In most cases, entering into an inheritance is a burdensome and lengthy undertaking. It is good if the property goes to the heir in its entirety and does not have to be shared with anyone.

If there are many heirs, the property of the deceased testator must be divided among all applicants.

In this article, we will look at how to register your share in an inheritance, the difficulties that arise in the bureaucratic process, as well as the nuances of selling a share in an inherited apartment.

What it is

Inheritance is the legal receipt of the property of a deceased relative or third-party testator. Regardless of the method of registering the inheritance (by will or in the order of legal priority), the circle of applicants can be extensive.

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In this case, all property is divided between the heirs in equal shares, unless otherwise provided by law or the testator's will.

For example, a citizen has the right to include in his will specific instructions for the distribution of property:

the size of the share allocated to each of the heirs;
a list of things or real estate transferred to each of the heirs.

In the case of inheritance in order of legal priority, there are also certain nuances in the distribution of shares.

For example , among the heirs of the first stage (spouses, children and testator parents), the largest share becomes the property of the spouse ( 1/2 of the entire inheritance).

The remaining half of the inheritance is distributed in equal shares among other legal heirs.

Shared ownership

According to the provisions of Article 244 of the Civil Code of the Russian Federation, an apartment is not a single object; it can be divided between several owners. Everyone will receive a certain part, which will be reflected in the relevant documents. If the specific size of the parts is not identified, then they are considered to have equal shares.

It cannot be rented out to anyone or allowed in to strangers, not family members. The sale of a share of an apartment is possible if the owner observes the pre-emptive right that other co-owners of the apartment - shareholders - will have.

Learn important things: How to refuse an inheritance - procedure

The right to dispose of such real estate is limited.

The owner can:

General nuances

Both options for distribution of inheritance apply:

The right of representation works if the heir designated in the will (or specified by law) suddenly dies before the death of the testator. Or with him at the same time. Then his children/spouse/grandchildren can claim the share going to him. The property will also be divided equally between those applicants. Often, many testators indicate this fact separately, wanting to predict more options for events.
Minor children may be heirs. The testator has the right to indicate their names in his will or to identify them by a specialist in the law of consanguinity. Their parents/guardians should handle the paperwork. After reaching their 18th birthday (or earlier, upon acquiring legal independence), the young successors will begin to manage the inherited property themselves.
Some heirs may have priority rights. This is determined by the following factors:

living together with the deceased on his living space, it does not matter whether the applicant will be a co-owner;
use of the premises after the death of the former owner - living there, if this does not contradict the law;
cohabitation with the owner until the day of the actual opening of the inheritance.

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All interested parties who refused can receive monetary compensation from the remaining heirs, the amount of which is discussed by the parties in advance. A peaceful agreement is a priority; in the absence of such agreement, litigation is resolved through the courts.

What is regulated

All legal relations related to inheritance are regulated by the Civil Code of the Russian Federation.

This piece of legislation provides answers to such common questions as:

what is inheritance and who can become an heir ( Civil Code of the Russian Federation, Chapter 61 );
features of inheritance by will and by law ( Civil Code of the Russian Federation Ch. 62-63 );
methods and deadlines for entering into inheritance ( Civil Code of the Russian Federation, Art. 1153-1154 );
the possibility of refusing an inheritance ( Civil Code of the Russian Federation Art. 1157-1159 );
what is common shared property of heirs ( Civil Code of the Russian Federation, Art. 1164 );
deadline for issuing a certificate of inheritance ( Civil Code of the Russian Federation, Art. 1163 );
liability of heirs for the debts of the deceased testator ( Civil Code of the Russian Federation, Art. 1175 );
features of inheritance of certain types of property ( Civil Code of the Russian Federation, Chapter 65 ).

How to separate from common property

If there are more than one heirs to the property of a deceased person, then all applicants are tormented by the question of how their share can be allocated. After all, simply being content with the fact that you own something is usually not enough.

Many people want to sell real estate and get cash to spend on their needs.

Russian legislation provides for the possibility of selling a share in the common property, but for this the heir will have to go through a certain bureaucratic path, consisting of several stages:

Documentary certification of your rights to part of the testator’s property is carried out by visiting a notary’s office.
You will need to provide the necessary documents confirming the death of the testator and your relationship with him (in the case of a will, you will only need an ID card to verify the data matches). The result of contacting a notary should be the receipt of a certificate of inheritance within a period specified by law ( Civil Code of the Russian Federation, Art. 1154 ).
Registration of ownership of an inherited share of real estate is carried out at the local branch of Rosreestr.
To carry out the procedure, the heir will have to write an application, pay a state fee and provide several mandatory documents (certificate of inheritance, cadastral passport).
Allocation of a natural share in common real estate is carried out through an agreement between all owners, or in court.
An important condition for the allocation of shares in kind is the technical possibility of separate coexistence of the owners. For example , it is necessary to have or be able to install individual metering devices for each shareholder, etc.

How are shares divided between heirs?

A special place is occupied by the division of inherited property.

Co-owners can:

Draw up an agreement on the division of inheritance.
Divide shares in court:

allocate shares in kind - in the form of a separate room (if possible);
to seize the due property from other claimants;
restore the deadlines for accepting an inheritance - in the event of the heirs’ refusal to meet the late applicant halfway;
recognize the heir as unworthy;
contest the will.

Typically, a dispute about shared inheritance of an apartment arises if the parties cannot reach an agreement or difficulties arise in using the inherited object.

Example:

Citizen G. appealed to the court with a request to allocate her part of the property in kind. She also asked to terminate the right of common ownership of the apartment. The woman motivated her demands by the fact that she and the defendant are co-owners of the residential premises. The plaintiff explained that she owns most of the building. The living space consists of two isolated rooms and has separate entrances - the rooms do not communicate with each other. Each co-owner uses his own part of the building, so the allocation of part of the property does not infringe on the interests of the other owner. However, the parties cannot reach an agreement among themselves due to personal hostility. The court satisfied the stated requirements. At the same time, the shares were recalculated. The court terminated the right of common shared ownership and determined the size of the share of property for each owner. At the same time, the court recovered from the plaintiff in favor of the defendant monetary compensation for a slight reduction in his share.

(Absentee decision of the district court of the Krasnoyarsk Territory from case No. 2-150/2011).

Expert opinionAlexandra MaksimovaLawyer. Experience 12 years. Specialization: civil, family, inheritance law. Ask a question to an expert

What if it is impossible to divide the share? The preemptive right to an indivisible thing belongs to the heir who lived with the deceased citizen before his death (Clause 1 of Article 1168 of the Civil Code of the Russian Federation). However, here you need to pay attention to the separation of concepts.

There are two types of heirs:

Some are co-owners of inherited housing.
Others simply lived in the apartment.

Priority is given to co-owners - they can claim property that partially belonged to them during the life of the testator, regardless of whether the legal heirs lived in it or not (clause 52 of the Resolution of the Plenum of the Supreme Court No. 9 of May 29, 2012).

As for citizens who lived in an apartment together with a deceased person, they have an advantage over all heirs, except for co-owners. The only caveat is that they should not have other housing. This refers to living space that the heir uses by right of ownership or under a social tenancy agreement.

As you can see, the legislator somewhat infringes on the rights of heirs who have lived their entire lives with the testator. Such persons may remain on the street immediately after the heir, who is a co-owner of the property, assumes his rights. The exception is the absence of the right of inheritance. For example, if the co-owner is not a relative of the deceased citizen, the former spouse of the testator. As soon as the heirs enter into their rights, they can enter into an agreement - defining the mode of use of the common property (for example, opening free access to the corridor, pantry, balcony).

Who by law has the right

In order to plan the allocation of a share in the inheritance and its subsequent implementation, you must first make sure that you are owed something at all after the death of a relative or testator. The Civil Code of the Russian Federation will help you understand this, which clearly defines who are the heirs by law (without a will), and who will receive their share on the basis of the spiritual deceased.

By will

The main feature of drawing up a will is that the testator can leave his property to anyone, even to persons who are not relatives. To do this, it is enough to indicate in the will a specific person or persons to whom the property will be transferred after the death of the testator.

Also, the testator can determine the further course of his property in the event that the heir abandons the property or dies before he can enter into inheritance ( Civil Code of the Russian Federation, Art. 1121 ).

It is important to remember that, despite the presence of a will, a certain circle of people have the right to allocate a mandatory share in the inheritance of a deceased father, husband or brother (Civil Code of the Russian Federation, Art. 1149):

minor or disabled children of the testator;
disabled spouse;
disabled parents of the testator;
disabled dependents.

The right to represent the inheritance of a share in a privatized apartment

If a deceased relative was the owner of a share in a privatized apartment, after his death the ownership of his part of the apartment is transferred to his heirs.

In this case, it does not matter at all how small or large the share of property is and how many legal heirs the testator has. It is distributed between them in equal proportions.

There are cases when, after entering into an inheritance and registering all the documents, the heirs became the owners of 1/16 of the apartment.

It is important to remember that this right does not extend to successors under a will.

Detailed information about how to correctly register an inheritance after the death of a husband is presented in the article: inheritance of a privatized apartment after the death of a spouse. How an apartment is inherited by law after death is written here.

Features of share inheritance:

If the share in common joint property

The procedure for inheriting jointly acquired property differs from the standard procedure. Much depends on the nature of the property rights to the share. If it was received in marriage, the widower/widow will be able to register 1/2 of the share + part of the share due to the spouse of the deceased as the primary heir.

It happens that a privatized apartment is registered as joint ownership (not necessarily of spouses). The heirs can agree on a change in the legal regime - in this case, joint property will become shared property. The relatives of the deceased will receive an ideal share, expressed as a percentage or in the form of a separate room - living space. In the future, the heir will be able to dispose of the share at his own discretion: sell, donate, exchange, pledge, bequeath...

If a stranger is registered in the apartment

If a stranger is registered in an inherited apartment, he can be deprived of his housing rights by filing a claim for eviction and deregistration. However, if the specified person belongs to the category of citizens who had equal rights with the owner of the apartment and voluntarily refused privatization, then they retain a lifelong right to use housing . This position is adhered to by the Supreme Court (Determination of the Supreme Court of the Russian Federation No. 46-KG13-6).

It will not be possible to discharge a refusenik even after registration of ownership of the property. But, if a citizen does not live in an apartment for a long time, then he loses the right to use the property. The same applies to residential tenants - until the lease agreement comes to an end, the tenants cannot be evicted. Read about in what cases and how to evict tenants from a rental apartment?

If there are no contenders for a share

It happens that there are no heirs to the property. This happens in the following situations:

refusal of inheritance by applicants - by law and by will;
deliberate disregard for accepting the inheritance within the period established by law;
missing the 6-month deadline;
recognition of heirs as unworthy;
lack of claimants for property.

If no one has accepted a share in the privatized apartment, it will go to the state as escheat property. The primary heir is the municipality in charge of the house. Most likely, the share will be offered to other co-owners of the apartment, and if they refuse to buy it, the inherited part of the housing will go at auction.

If the heir wants to sell a share of the privatized apartment

The owner of the share can dispose of personal property at his own discretion. But, if the inherited property is owned by several people, then the preemptive right to buy out the heir’s share belongs to the co-owner. The owner of part of the property must make a written offer to the applicant for purchase. are given 30 days to make a purchase decision . If a person refuses, then the owner can sell his part of the property to third parties (Article 250 of the Civil Code of the Russian Federation).

Violation of the order entails challenging the transaction in court. Co-owners can file a claim to transfer the rights of the buyer to themselves. In this case, the court cancels the previous transaction, and the current co-owners or one of them buys out the share at nominal value.

Collection of documents

In order to become the full owner of a share of an apartment or other real estate after the death of the testator, the heirs will have to collect a certain package of documents several times and submit it to various government authorities:

passport of a citizen of the Russian Federation (original and copy);
death certificate of the testator;
certificate of form No. 9 (with a note on the deregistration of the deceased in the inherited apartment);
documents confirming the relationship of the heirs and the testator (birth certificate, marriage certificate, adoption certificate, etc.);
apartment privatization agreement (if this document is not in the deceased’s papers, you will need to take a certified copy from the local administration);

an example document here.

certificate of registration of ownership (in the name of the testator);
cadastral passport;
extract from the Unified State Register.

State duty

When entering into an inheritance after the death of the testator, remember the need to incur certain financial costs - payment of state fees.

It is charged as a fee:
for the services of a notary in conducting inheritance matters;
and for issuing a certificate of inheritance.

Determining the amount of state duty depends on two factors:

the value of the inherited property;
the presence of family ties between the testator and legal successors.

If you are a close relative of the deceased, the state duty will be 0.3% of the value of the inherited property. If the heir is not related to the testator, he will have to give 0.6% of the value of the property as a fee to the notary.

The value of the property itself is determined on the basis of cadastral data provided upon request to a notary from the Unified State Register.

Legalization of the premises

The heirs receive the legal right to real estate or its share only 6 months after the death of the testator. During this time, they are obliged to contact the notary at the place of residence of the deceased or the one who drew up and kept the will.

After opening a notarial file and notifying the notary of their claims to part of the inheritance, six months later the successors will receive an official document - a certificate of inheritance. An example can be seen here.

Based on it, state registration of ownership of a share in the apartment will be carried out in Rosreestr.

Application for registration can be

How to register succession

To enter into an inheritance, regardless of the grounds, you must follow the established procedure.

To do this, perform the following actions:

To obtain a certificate of inheritance, an application of a certain sample is submitted to the notary. This can be done in person, through a representative with a power of attorney issued in his name.
Actual possession and use of property; measures aimed at its preservation and expenses incurred in connection with this will confirm the acceptance of succession.

To register an apartment by inheritance, you must provide the following to the notary office:

The death certificate is obtained from the registry office (civil registry office).
Documents confirming blood relationship or relationship with the deceased.
Extract from Rosreestr about real estate.
A paper from the management organization confirming that there is no debt for utilities and housing services.

The notary has the responsibility to establish the degree of relationship among persons applying for legal succession.

Evidence includes documents from the registry office, court decisions and, if available, extracts from birth and house registers, certificates from the place of work.

Who has priority in registering a share in the inheritance?

According to regulations, after the death of the owner, the property belonging to him in evenly proportional parts passes to the heirs. The division of material assets that are common shared property can be carried out no later than 3 years from the date when the inheritance was opened.

As for real estate, it is possible to carry out such actions only after receiving a certificate of inheritance.

Provided that the living space cannot be divided in actual size, the following have the right of priority to receive it on account of their personal share:

Citizens, co-owners of the deceased, regardless of legal successors, who lived with the testator in the same premises, regularly used it, but were not the owners of the property in question.
The legal successors, although they did not have a common right to housing with the deceased, used it regularly until the day of his death. Provided that the use of the premises was carried out legally.
Citizens who lived with the testator constantly until the day of death. Provided that they do not own any other residential premises or have a lease agreement.

The legal successor who acquired the property on this basis must pay compensation to the other heirs for their share of the property.

Required documents

Before visiting a notary, it is recommended to collect a package of documents in advance, which includes:

application for inheritance;
death certificate of the owner of the apartment;
a document providing the basis for entering into an inheritance (will, data on family ties);
a certificate indicating the cost of the apartment;
certificate from the last place of residence of the deceased;
documents confirming the presence of family ties between the heir and the deceased;
form 9;
an extract from the house register indicating all persons registered in the premises;
documents for real estate to be inherited.

applications for inheritance Download form form 9

The estate does not include real estate that was not privatized by the deceased. However, a decision on the possibility of including such a share in the inherited property can be made in court.

Documents that a notary needs to register the right of inheritance to a share in an apartment:

Privatization agreement confirming the transfer of municipal housing into private ownership.
An extract from the Unified State Register of Real Estate (USRE), which combines information from the Unified State Register of Rights to Real Estate (USRE existed until December 31, 2016) and cadastral passport data. Such an extract can be requested by a notary in electronic form independently.

After 6 months, the notary issues certificates of inheritance to the heirs.

Amount of state fee for a notary

The amount of the state duty is determined in Art. 333.24 Tax Code of the Russian Federation. It is influenced by the close relationship of the heirs with the testator, as well as the value of the property (share in the apartment).

The spread looks like this:

Relation degree	Amount of state duty
Heirs of the 2nd stage	0.3% of the estimated value of the inheritance (up to 100 thousand rubles).
Other	0.6% of the estimated value of the inheritance (up to 1 million rubles).

When calculating the amount of state duty, the heirs have the right to present to the notary any estimate:

inventory;
cadastral;
market

The main thing is that the assessment is carried out by an appraiser who is a member of the SRO (confirmed by a certificate). Otherwise, it will not be evidence for the notary or for the court.

According to Art. 333.35 of the Tax Code of the Russian Federation the following categories of citizens are exempt from notary state fees:

Participants and disabled people of the Second World War.
Heroes of the USSR.
Knights of the Order of Glory.
Heroes of the Russian Federation.
Those who lived with the testator.
Minors.
Heirs of the politically repressed.
Heirs of military personnel and employees of the Ministry of Internal Affairs of the Russian Federation who died in the line of duty.
Incapacitated heirs under guardianship.

There are also discounts on payment: disabled people of groups I and II pay half the fee. The benefit and exemption from duty must be confirmed by submitting the appropriate document.

Going to court

Going to court is a real help in cases where individual inheritance issues cannot be resolved amicably.

Pass 6 month old the period allotted for claiming your rights to inheritance.
In such a situation, in order to resolve the issue favorably, it is necessary to provide documents confirming a valid reason for absence. Otherwise, you will not be able to do anything, and you will have to come to terms with the fact that the inheritance will pass you by.
Allocation of a mandatory share.
When an heir receives certain property according to the testator's will, other claimants can sue for their share of the inheritance. This option is possible in cases where the testator has relatives who have the right to receive a mandatory share in the inheritance.
Allocation of a share in kind without the consent of other owners.
If your co-owners are not ready to enter into an agreement, you can resolve the issue of dividing the common property in court. To do this, you will have to obtain a preliminary technical opinion on the possibility of division.

It is important to remember that litigation related to inheritance of property can last a long time, exhausting mentally and physically all participants in the case. Therefore, it is necessary to take unprecedented measures to peacefully resolve all controversial issues between the heirs.

Do you want to understand how you can inherit an apartment if a will has not been drawn up? Read about this in the article: inheriting a privatized apartment without a will. Do you know if it is possible to refuse part of the inheritance in favor of another heir? See about it here.

Do you want to understand how the inheritance is divided between the wife and children after the death of the husband? Read more about this here.

Share in an apartment by inheritance after death

For registration of inheritance, it does not matter what kind of ownership the privatized apartment is in - shared or joint. This matters only for the co-owners and heirs of the apartment, who will subsequently decide the issue of division, use, and disposal.

Inheritance of a share in joint property

If during the privatization process the shares of the co-owners were not indicated, then the apartment became their joint property. They are all entitled to equal rights to joint property.

If one of the co-owners dies, what is inherited is not the real share (for example, one room), but the so-called ideal share in the joint property.

For example, the deceased was one of three owners of a common privatized apartment. Besides him, the owners of the apartment were two more brothers. Each of them owned 1/3 of the joint property. The 1/3 belonging to the deceased was divided between three heirs - his wife and two sons. Thus, there are five owners of the apartment - two brothers of the deceased own 1/3 each, the wife - 1/6, two sons of the deceased - 1/6 each.

Division of joint ownership into shares

It often happens that joint ownership and use of common property is inconvenient. Co-owners do not always have a warm relationship with each other.

If one or more co-owners want to dispose of their ideal share (sell, donate, bequeath) - then it is possible to divide the joint property with an exact indication of the share of each owner. And provide each co-owner with the opportunity to dispose of their share.

Co-owners should contact a notary and draw up an agreement on the division of joint property. Since we are considering a specific situation with an inherited privatized apartment, this may be an agreement on the division of an inherited privatized apartment. This agreement specifies the size of the share of each owner - the shares may be unequal if the co-owners have reached an agreement on this.

If an agreement cannot be reached, a claim for the division of the inherited apartment must be filed in court. As a rule, the court resolves the controversial issue as follows - divides the common property into equal shares.

Even after dividing the apartment into ideal shares, the allocation of a real share in most cases is very problematic or completely impossible. For example, a one-room apartment is indivisible; it is also impossible to allocate three shares in a two-room apartment.

To dispose of a shared apartment, co-owners most often resort to:

sale of a share - with the provision of the right of first refusal to the co-owners of the apartment;
donation of the share of one co-owner to another;
transfer of the share of one co-owner to another, payment of monetary compensation in exchange for the share;
sale of the apartment and subsequent division of the proceeds.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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5 ratings, average: 3.40 out of 5) Author of the articleIrina GarmashLawyer-consultant in family law.Author ratingArticles written528

Possible difficulties

Difficulties at the stage of inheritance may arise if there is a lack of understanding between the heirs.

The difficulty of transferring real estate by inheritance is that the apartment or other property must be divided into shares among all heirs.
In addition, this difficulty is complicated by the fact that the management and disposal of living space divided between the owners is possible only if there is a unanimous decision of each of the heirs.

Therefore, before entering into a phase of hostilities and threatening each other with courts, it is necessary to take the help of an experienced lawyer.

The specialist will be able to adequately explain to each of the heirs:

his rights and obligations;
and the challenges that may be encountered in conducting litigation.

Preemptive right to purchase a share

A person who owns a share in an apartment or house has the right to dispose of it and, in particular, to sell it. In general, anyone can be a buyer, but first of all, this opportunity is offered to those who have a preemptive right:

co-owners of real estate permanently residing in the apartment;
persons living indoors and having no other place to live.

For them, the share is offered at the market price; if they refuse, then the owner of the share has the right to sell it to any person.

Read also: How is the inheritance divided between second-order heirs?

Healthy! The procedure for inheriting a house and an apartment has few differences. However, in the first case, as a rule, the land plot with buildings is also inherited, which complicates the division into shares.