Registration of inheritance: who will get the privatized apartment after the death of the owner?

General inheritance issues

The issue of inheritance has always been relevant, and even now disputes continue to arise over who should receive the inheritance and what share. There are two ways of inheriting property - by will and by right . Thus, if the first option accurately reflects the will of the testator, then the second will depend entirely on the degree of your relationship with the deceased.

A will can be drawn up for the entire property or for a specific part of it. So, for example, an object owns a car and an apartment; he can write an application for both objects or only one, at his discretion. Since the document is concluded on one side, it does not require disclosure before its announcement, and therefore, sometimes, persons who are included in the wills do not even suspect it until the death of the testator is confirmed.

If the object does not want to disclose the contents of the will, then there is a closed form of the document that only the testator himself will know.

The procedure itself will take place as follows: the subject comes, writes a will in a separate room, after that 2 subjects put their signatures as witnesses, and the notary, without reading the will, seals it with an envelope and puts the date and place on it. According to the law, this document can be opened only after the death of the subject himself, or rather after official documents confirming the fact of death.

The announcement procedure must be carried out on the same day when the notary learned about the death, and in the place where the deceased most recently lived.

According to the law, a will is created for the last will of the subject, and therefore can be used, like a prohibition on property to any person. So, for example, the testator can indicate the subject who is denied the right to use. In this case, he will not be able to become an heir, even if all other relatives refuse the inheritance. The only point that should be noted is the fact that it is impossible to deprive an inheritance of someone who is entitled to it without fail:

• Children who have not reached 18 years of age or are incompetent;
• Parents who are incompetent or have been fully supported by the subject for a long time;
• Incapacitated spouse;
• A person who is a distant relative or is not one at all, but lived with the subject for more than a year and was constantly supported by him.

Instructions for obtaining by law

In order to enter into the inheritance of an apartment according to the law, you must:

1. Fill out the application in the notary's office. It indicates the full name, details of your passport, information about the deceased. If you are registered in this apartment, then you don’t have to submit an application at all. It is enough that you pay utilities in this apartment.
2. You need to collect a small package of necessary documents: a passport of a citizen of the Russian Federation, a document that confirms your relationship, a death certificate and all documents for the apartment.
3. The payment of the duty depends entirely on the value on the real estate market. But if a relative is a family member, and this apartment is his only place to live, then in this case, he does not pay the state fee.
4. The notary issues a certificate stating that you have the right to inherit this apartment after 6 months. If the notary has no doubts that there are no more applicants and you are the only heir, then the certificate can be issued before the specified entry date.
5. To register the acquired property, you need to submit documents to the Rosreestr office at the location of this apartment. In order to register, you need to bring: a passport, a privatization agreement, a certificate of inheritance of property and a receipt with payment of a fee of 2000 rubles. Registration will take 3 months.

This is interesting: Allocation of shares during inheritance 2020

After all the documents have been reviewed and studied, the registration of the inheritance right will be carried out and the certificate will be issued to the new owner of the apartment.

Who will get the privatized apartment after the death of the owner?

If housing was purchased during marriage with common money, then it will be considered jointly acquired property . In this case, according to the law, each spouse must receive exactly half of the housing. After one of the spouses dies, his share passes to the heirs, while the remaining half remains in the possession of the spouse.

In this situation, it is worth remembering that the spouse is a participant in the first stage , and therefore has the right to receive the second part of the apartment along with children and parents, if any. It is also worth considering that even despite inheritance and other factors, the spouse can receive a portion if he is disabled for any reason.

There are also situations when one of the spouses refuses to take part in privatization, and is subsequently listed as the owner. In this case, only one of the spouses will be the owner of the apartment. In this case, when one of the spouses dies, the entire apartment will be inherited. And the second spouse can receive it by will or by right.

This will also be the case if an apartment or other property was purchased before marriage or during it, but is not considered jointly acquired (the spouse will receive it as an inheritance or as a result of a gift). In this case, as in the previous one, the apartment will be completely inherited and will go to all heirs of the first stage.

It is worth noting that if the object does not have a spouse: she has died or does not have rights to inheritance, then the apartment will be received by people according to the will or by those next in line, if this document is not provided for.

How to inherit an apartment?

Inheritance is quite often the cause of a major quarrel that can arise in the family. A will does not require publicity until the death of the subject, and therefore there are often situations when some of the relatives do not even know about the will of the deceased, and this becomes an unpleasant surprise for them.

The fact that a will is drawn up correctly is very important. Many people do not pay attention to this point, but in vain. According to statistics, more than 50% of wills were declared invalid due to the lack of certain data in them, or an incorrectly written date and place of execution. So, at first glance, just a nuance can destroy the entire document. It is for these reasons that we recommend making a will with notaries.

The law of the Russian Federation provides for your will to make any changes to the will, in addition, you can cancel it at any time. Also, it is absolutely your decision to choose a private or public notary. Many people believe that if they choose the first one, their wallets will be empty in an instant, but this is not so. The thing is that if you calculate all the costs of both, you won’t get much of a difference. The main fee of a public notary will be that you will have to pay a state fee for the services provided to you, but also pay extra for the forms and other services that you will receive. A private notary will receive a fee from you only once, the amount of which will include all services and documents.

But remember that if you fail, the public notary will receive a reprimand, and the money will be returned to you and the budget. But a private notary, not only will he have to return the money himself, but he will also pay dearly for his reputation, even to the point of complete bankruptcy. But, remember that for some cases both notaries may lose their license. For this reason, many of them require additional certificates from you so that later the court cannot undermine you. Remember that if you find a meticulous notary who constantly checks and double-checks everything, you are very lucky to have him.

Inheritance according to the law for an apartment

Questions about the procedure of inheritance by law are provided for in Chapter 63, Part 3 of the Civil Code of the Russian Federation. In accordance with the norms, an apartment accepted as an inheritance by law becomes the property of the intended heir.

The necessary conditions

The heir has the right, at his own discretion, to dispose of the apartment that he received as an inheritance.

The legislator allows the registration of a waiver in favor of other family members or for the purpose of transferring it to the state.

In everyday life there are situations when giving up property becomes a more profitable option. For example, if the deceased has a large debt.

All controversial issues regarding the receipt of inherited property and its distribution among heirs are resolved during court proceedings on the basis of a statement of claim.

When considering a case of inheritance and making a decision, the judicial body must:

Sequence

In accordance with the standards of Articles 1142-1145 of the Civil Code of the Russian Federation, a sequence has been established that must be observed when carrying out the inheritance procedure by law.

The priority right to receive ownership of the apartment in equal shares belongs to the persons assigned first.

These include:

The right of inheritance passes to persons included in the next queue if the heirs of the previous queue refused to accept the apartment or are no longer alive.

The queue is established by the legislator in the following order:

How to disinherit an heir by law can be found in the article: disinheritance by law of an unworthy heir in 2020. If you are interested in the question of what the duty is when entering into an inheritance according to the law, read here.

How to register

To open an inheritance case, you need to submit an application expressing the will of the heir about his readiness to accept the inheritance. As a rule, it is submitted to the notary at the place where the inheritance was opened.

In addition to the application, the heir must submit:

Some notaries, when visiting a client for the first time, require the presentation of title deeds for the apartment, although they are not needed to open a business in accordance with the requirements of legal acts.

If there is a need for additional information, the notary can send requests to various authorities to obtain it.

List of required documents

To obtain ownership documents to inherit an apartment, you need to submit:

If the title deeds for the apartment were received before 1998, then you must attach an extract from the Housing Policy Department.

The heir must pay a state fee for the provision of services in accordance with Article 333.24-25 of the Tax Code for registration of ownership rights. A receipt for its payment is also submitted to the Federal State Registration Service.

In addition to the documents listed above, you must submit an official document containing a list of persons who may be eligible to receive an apartment, their home addresses, and contact phone numbers.

Deadlines

Acceptance of the inheritance property must be carried out within six months from the date of its opening corresponding to the date of death.

It indicates the occurrence of a specific event that allows one to enter into inheritance rights. This type of event also includes the decision of a judicial authority to declare the testator dead.

If the deadline for accepting the inheritance is missed by the heir, then he has the right to file a claim for its restoration to a judicial authority, which is noted in the instructions of Article 1155 of the Civil Code of the Russian Federation.

But he must present official papers confirming that he missed the deadline established by the legislator.

Cost of the procedure

The heir must pay the state fee in accordance with Article 333.24 of the Tax Code, the amount of which is for:

In addition, the intended heir must pay for the services of a notary for the execution of legal and technical work.

The cost of services varies greatly across the country, because each notary office sets its own individual price list for providing a specific service. As practice shows, the national average is 3,000 rubles.

It is necessary to pay attention to the fact that in large cities it is several times higher than the indicated amount.

Taxation

The new owner of an inherited apartment, in accordance with the instructions of Article 217 of the Tax Code of the Russian Federation, is obliged to pay property tax.

The measure is applied after entry into inheritance rights and registration of ownership.

The amount of tax is established in accordance with the instructions of Article 220 of the Tax Code of the Russian Federation in proportion to the cadastral value of the apartment. It is reduced by the cost of 20 m2 when calculating the tax base.

Local governments have enacted regulations that provide for tax rates, additional tax deductions and benefits.

Each interested person can familiarize themselves with them directly at the local administration. In addition, you can make inquiries on the Federal Tax Service website “Reference information on rates and benefits for property taxes.”

In accordance with the instructions of Article 333.25 of the Tax Code of the Russian Federation, the following are exempt from paying tax:

Video: procedure for entering into inheritance

The order in which shares in a privatized apartment are distributed

If the inheritance passes not by will, but by right, it is necessary to know the order in which it will pass from subject to subject:

• 1st stage - parents, living spouse, children (natural and adopted), children who have already been conceived but have not yet been born at the time of the object’s death will also be considered;
• 2nd stage - grandparents from mom and dad, as well as brothers and sisters of the subject;
• 3rd line – aunts and uncles of the deceased;
• 4th place – distant relatives or persons who lived on his money for more than one year;
• 5th line – distant relatives up to the 6th generation. It is worth noting that the degree of relationship plays a role here. Thus, an uncle of the third generation will receive an inheritance sooner than an aunt of the fifth.

Documents required for registration of inheritance of a privatized apartment

In order to draw up a will, you won’t need a million documents, but you shouldn’t come empty-handed.

In order to immediately complete the application, you should take with you:

• Identity documents - passport or other data, providing a power of attorney at this point will not be suitable, since only the owner himself has the right to write a will;
• Information about relatives or other objects to whom your property will be given after your death. So this item must contain: full name, date of birth, as well as the actual residential address of the objects;
• List of all bequeathed property;
• Documents stating that you are the owners of this or that item and property;
• Permission from the guardianship council and a certificate of full support, if the subject is under 18 years of age;
• A certificate from a mental health clinic about a person’s state of health is needed if the person is over 60 years old. Please note that a property over 70 years old will not be probated without such a document.

All points are made only to ensure that this is the will of the subject, and he can think sensibly in relation to himself and his property.

Documents for receiving inheritance

In accordance with the Civil Code of the Russian Federation, the terms for entering into an inheritance by law do not differ from receiving the property of the deceased by will. The duration of the entire procedure should not exceed 6 months from the date of announcement of the acquisition of the right to property after the death of the owner. As a rule, the day of announcement of the inheritance coincides with the date of death of the testator. If it is not possible to establish the exact date of death, the date of discovery is considered to be the day the court order is issued.

After notification of the opening of an inheritance, relatives of the first category are required to contact a notary at the place of residence of the deceased. The lawyer accepts the application for property and opens a so-called inheritance case.

In order to legally obtain the property of a deceased relative, you must provide the following types of documents:

1. a statement expressing a desire to receive an inheritance;
2. death certificate;
3. an extract from the deceased's house register;
4. certificates that would confirm the fact of relationship with the deceased;
5. contacts or information about other heirs;
6. papers for the received property.

The laws of the Russian Federation allow inheritance only of privatized real estate. Apartments that are on the balance of the state are not subject to transfer to heirs, and after the death of the testator they come to the disposal of state bodies

What to do if relatives do not agree with your inheritance?

Within 6 months from the date of announcement of the terms of the inheritance, a person can either accept it or refuse it completely. Remember, the period begins to count from the moment of announcement, and therefore the act when you learned about it remains unimportant. Remember that if you agree, you can change your mind before the end of the term and refuse it. But, in case of refusal, there is no turning back, since this document does not provide for the return of property.

After the six-month period has expired and the heirs have been identified, they can immediately take possession. But, if the first-priority heirs or subjects of the will were canceled as good candidates or refused the inheritance, then the next in line take over the right and have a period of 3 months to accept the property, or 6 months to renounce it .

Remember that even if you did not invest in the terms, but would like to abandon the property, you can always do this through the court. But to do this, you will need to prove in court that you couldn’t refuse for a reason, and that you had a reason. So, it could be a long business trip over long distances, health conditions or any other circumstances. In order to finish these matters, you will be given another 6 weeks.

How to refuse an inheritance

A person specified in the testator's will, or a person who has the right to inherit an apartment by law, does not want to enter into an inheritance, has the right to refuse to enter into inheritance rights.

To do this, within six calendar months from the date of opening of the inheritance, you must contact a notary’s office, where you should write an application. It must indicate:

• information about what part of the inheritance the heir refuses;
• in whose favor the heir renounces a share or the entire amount of the inheritance.

When deciding to renounce the right to inheritance, you should remember that this procedure is irrevocable, therefore such a decision must be thoughtful and balanced.

If you want to buy an apartment on the secondary market or rent an apartment for long-term rent, the Hata.by real estate portal can help you with this. On our website there are a huge number of advertisements from owners, you can easily choose the right option.

Who will get the apartment if it is not privatized?

It is important to understand that you can only inherit property that belongs to you . In the case of a non-privatized apartment, this property does not belong to you, and therefore cannot be inherited. While you live in a non-privatized apartment, you only have the right to live there, and not to dispose of it. Therefore, you cannot write a will on it or hope that it will be passed on to your spouse, children, or others. It is the property of the state and will remain so forever.

But it is worth knowing that if the deceased lived there not alone, but with children, close relatives or other persons, no one will kick them out of the apartment after death. So, they can stay in their place in an apartment or other residential building. The only difference will be that new residents will need to renew their tenancy agreement.

How is a privatized apartment inherited?

Inheriting a privatized apartment should not cause difficulties or controversial issues. It has become property, which means the owner can dispose of it as he pleases.

Important! After the owner’s death without a will, a privatized apartment is divided according to the law - that is, it will be owned by persons who have more rights to receive it. There are usually no problems with registration. You just need to resolve all formal issues with the notary and receive a certificate. After this, you must immediately register the living space for yourself.

Another thing is a non-privatized apartment, because it does not belong to the person who lives in it. However, this does not mean that the people remaining in it should immediately leave the premises, left without housing. They can remain in their previous living space and use it freely under a social tenancy agreement without time restrictions. However, the living space will still not belong to them. It will be impossible to sell or transfer it.

Expert opinion

Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

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Ambiguous situations often arise when a citizen has already submitted documents for privatization, but suddenly died without completing the procedure and without registering the living space in his name. In this case, there is no need to worry - all is not lost. Judicial practice is on the side of the relatives, and they can register the apartment in their own name, since the testator managed to express a desire for privatization.

What do you get if a privatized apartment is located in a building for demolition?

If the new owner inherits an apartment that is located in a building for demolition, according to the law of the Russian Federation, the person must receive:

• Payment of housing costs;
• Moving costs;
• Renting a new home, etc.

This is only part of the costs that the state must cover in the event of demolition. So, the law clearly states that no one can evict you just like that. Instead of demolished houses, owners should get new ones that will be approximately the same and in the same condition.

But the important thing is that they just have to find you housing. They will absolutely not care about the location of their new place of residence or other parameters.

There is also the option of compensation for the cost of housing . In this case, individuals receive a certain amount of money. Once you receive the money, you can buy a new living space that is right for you. The amount of compensation must be equal to the cost of the apartment. For this purpose, apartment appraisals are often carried out, but usually the owners’ expectations are not met, and the authorities will have to collect the amount you need for a long time.