How to inherit an apartment under a will after the death of the owner
The object of inheritance can be any property of the deceased owner, including his apartment.
Heirs can accept bequeathed property after the death of a co-owner in two ways:
- notary - submit an application for accession to inheritance rights to the appropriate notary office;
- in fact - to carry out specific actions confirming ownership of the apartment (accommodation, payment of utilities, repair work).
The actual acceptance of the residential premises does not give the right to dispose of them, so the heir will need to contact a notary, confirm the fact of acceptance of the inheritance and register ownership in Rosreestr.
Registration of bequeathed property into ownership is possible from the moment the inheritance is opened. The notary must provide a death certificate of the citizen and an application for entry into inheritance rights.
In addition to the heirs directly indicated by the testator in the order, there are a number of persons who have the right to an obligatory share in the inheritance, regardless of its content (Article 1149 of the Civil Code of the Russian Federation):
- minor children of the deceased;
- disabled relatives (children, parents, spouse);
- dependents (if they were supported by the deceased for 1 year before his death).
Reference! Only the property specified in the will passes to the recipients specified in the will. Other property not specified in the order is distributed among all heirs who have the right to it by law in the manner prescribed by Chapter 63 of the Civil Code of the Russian Federation.
Documentation
To accept a bequeathed property, you must prepare and provide the notary with the following list of documents:
- Application for acceptance of inheritance.
- Death certificate or court decision declaring a citizen dead.
- Heir's passport.
- Documents confirming relationship.
- A document confirming the last place of residence of the testator.
- Original will.
- Title and technical documents for residential premises owned by the testator.
- Property appraisal report.
- Receipt for payment of state duty.
All documents provided to the notary must comply with legal requirements, not contain corrections, and have not expired.
Deadlines and procedure
The legislation establishes a period for taking actions to accept an inheritance - 6 months from the moment of death of the testator or from the moment the court decision declaring him dead comes into force (Articles 1114, 1154 of the Civil Code of the Russian Federation).
After the specified period, the receivers receive a certificate of inheritance, which gives them the right to register their right to real estate.
To register property rights under a will, the following procedure must be followed:
- Prepare the necessary list of documents.
- Submit the application and documents to the notary at the place where the inheritance was opened. The notary will verify the authenticity of the submitted documents and set an approximate date for receiving the certificate.
- Conduct an assessment of the inherited apartment or provide a certificate of cadastral value (the amount of the fee will depend on the price of the apartment).
- Pay the state fee.
- On the appointed day, receive a certificate of inheritance.
- Go through the procedure of registering property rights in Rosreestr.
After completing these actions, the heirs have the right to dispose of the real estate at their own discretion.
Price
The exact cost of property registration will depend on the region.
The total amount includes the following costs:
- notary services for initial application – about 1000 rubles;
- filing an application to open an inheritance case – 300 rubles;
- opening the envelope and reading a closed will – 300 rubles;
- valuation of a property - on average from 3,000 to 5,000 rubles;
- certificate of cadastral value of the apartment – 350 rubles;
- state duty - 0.3% for heirs of the 1st and 2nd stages (except for grandparents, but not more than 100 thousand rubles; 0.6% for other heirs, but not more than 1 million rubles;
- obtaining a certificate – 200 rubles.
Minors and incompetent heirs, persons who lived together with the deceased in the inherited residential premises are completely exempt from paying the state duty. Disabled people of groups 1 and 2 pay a partial fee (50%).
If the inheritance is accepted by several persons, then the payment of the state duty is divided between them in proportion to the part of the property received.
Assistance from lawyers when challenging a will or missing the deadline for entering into an inheritance.
Russian inheritance law is rightly considered complex and confusing. Additional problems are caused by frequent changes in laws, for example, rules for state registration of real estate, which have been changed several times. As a result, not all the nuances of the legal procedure for entering into an inheritance and registering ownership rights to an apartment after the death of a relative are clearly spelled out in the current legal framework.
Therefore, heirs have questions, for example, what is needed to register a share in an apartment received by inheritance. Missing deadlines or disputes between relatives. Answering questions independently requires a thorough study of the topic, and the heir does not have time for this.
It is much easier and more correct to contact the employees of a serious law firm that provides such services. This approach allows you to get several significant advantages at once:
- guaranteed correct registration of inheritance rights;
- strict adherence to legal procedures;
- prompt receipt of ownership rights - immediately after the expiration of the 6 months required by law;
- quick resolution of issues arising during the process;
- saving time, which is due to the fact that the heir does not need to be distracted by paperwork.
The funds spent on lawyer services are compensated by the absence of problems with the law and other heirs. Moreover, when choosing a law firm for cooperation, the costs are at an affordable level, which is explained by high competition in the market.
How to inherit an apartment under a will after 6 months?
It often happens that the heir did not have information about the disposition of the deceased and did not take measures within the prescribed period to accept the property due to him.
If there are good reasons for this, then it is possible to restore the missed deadline and register the property as a property after 6 months. If, in addition to the heir who missed the specified period, there are other successors, and they do not object to the restoration of the terms, then it is only necessary to submit their written consent to the notary. Certificates issued earlier will be canceled and shares in property rights will be distributed taking into account one more applicant.
If the heirs or one of them does not agree with the restoration of the deadline, the candidate who missed the time will be forced to resolve the issue in court.
The court may recognize the reasons for missing a deadline as valid in the following cases:
- the citizen did not know or could not know about the death of the testator;
- was on a long business trip;
- was in hospital for a long period of time, and therefore could not exercise his right;
- was in prison;
- did not have the opportunity to leave another country;
Attention! The heir must go to court within 6 months from the date of elimination of the reasons why the deadline for accepting the property was missed. If he does not go to court within the time allotted by law, then the rights to receive the inheritance will be lost even if there are compelling reasons for not accepting it on time.
What documentation is required if an apartment is inherited by will?
When preparing a will, the testator can transfer the entire object or any part of it. To open the process of accepting an object, the assignee must provide the original document. The original document is not always transferred to the successor.
Expert opinion
Kurtov Mikhail Sergeevich
Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.
In this case, the heir must contact the notary who keeps the document with the last will. To find out who is in charge of this issue, you need to obtain data from the unified register of inheritance cases at any notary organization. The authorized person will issue a duplicate of the will.
What to do if the deadline for completing papers for accepting the estate is ending, but the will has still been received?
In this case, the heir must prepare the necessary papers for the court. By determination of the judicial authority, the period is increased. The assignee gets the opportunity to contact the notary again.
After receiving the will, the citizen needs to draw up a similar package of documents as when receiving an apartment as an inheritance by law.
Even if there is a written will of the deceased, it is important to prepare certificates proving the relationship with the testator.
It is worth noting that the amount of mandatory state duty for family members is less than the standard amount.
Other documents for inheriting an apartment.
1. Application of an applicant who does not want to accept the inherited object.
2. Power of attorney (if all the activities are carried out instead of the applicant by another authorized person due to the illness or lack of time of the heir).
3. Certificates from a legal representative if the recipient of the assets is a minor or incapacitated:
- birth certificate;
- document confirming the identity of the representative;
- resolution on the appointment of a citizen as a guardian (trustee).
4. Other certificates upon request of the notary.
Sending prepared papers
The collected materials must be transferred to a notary to begin the procedure at the place of registration of the deceased or at the address of the inherited living space.
How to inherit an apartment without a will?
If a relative died without drawing up a will for the apartment, then the inheritance will take place in accordance with the order established by the Civil Code of the Russian Federation.
In this case, the degree of relationship between the applicant for property and the testator matters. The legislation gave the priority right of succession to the children, spouse and parents of the deceased. In the event that there are no heirs of the first stage or they have renounced their right, the heirs of the next stage can contact the notary. The procedure for acquiring ownership rights is similar to inheritance by will.
If the deceased has no relatives or heirs under the will, then his property is considered escheated and transferred to the ownership of the state.
Features of inheritance by will
By will, the owner can appoint any person or organization as heir. Without indicating the reasons for your decision (it is impossible to deprive the inheritance in full of persons from among relatives, socially unprotected, specified by civil law). Video: HOW DO HEIRS LOSE AN INHERITANCE OUT OF IGNORANCE OF THE LAW?
Video: Entering into inheritance in Ukraine after the death of the property owner, by will and by law
Therefore, much depends on the contents of the will . It does not always meet the expectations of the applicant for the inheritance. A will can be contested only under circumstances indicating that pressure was exerted on the will of the testator or his incompetent mental state at the time of execution of the will.
Inheritance by law is carried out depending on the relationship of the testator. In accordance with the established queue. The heirs of each line divide the inherited property in equal shares and in full. If there are no heirs of a higher priority, the right of inheritance is transferred under the same conditions to another priority.
The law determines the period for accepting an inheritance, which is 6 months from the date of death of the testator. Not earlier than this period, a certificate confirming the right to inheritance can be issued. For good reason, by decision of the court, the period may be extended.
Invalidation of a document
A will is contested in a court of law. But a lawsuit is filed if there are legal grounds.
The will is recognized as void, and the provisions specified in it are canceled as a result of errors made during execution:
- the document is not certified by a notary (this is required by law), is not signed by the testator or witnesses (when a will is written under special circumstances);
- witnesses or signatories of the will instead of the testator are persons who do not have the right to do so;
- The place and date of writing the document are not stated in it.
A document is subject to challenge if doubts arise about its personal preparation and endorsement by the testator. Minor clerical errors and violations do not make the document invalid, since they do not change the meaning of the will of the testator.
It is permissible to challenge a will in a judicial body based on the facts presented by the applicant that prove:
- the testator, when signing, did not understand what was happening, or did not evaluate his actions due to alcohol, narcotic, psychotropic substances consumed, was mentally ill, senile (because of this, he was recognized as partially or completely incompetent);
- put his signature when creating threats, psychological pressure, blackmail (therefore his objective will is not reflected in the testamentary document);
- Declaring unworthy persons as successors.
At the same time, a will regarded as invalid does not abolish the right of the persons included in it to accept the inheritance according to the law, following their order.
From the video you will learn about the will and the procedure for entering into an inheritance:
