Entering into an inheritance, despite its apparent simplicity, is a very troublesome matter. In accordance with civil law standards, in order to inherit an apartment by law after a deceased person, you must submit an application to a notary's office.
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In some settlements, notarial acts are performed by an official performing the functions of the state locally.
The legal side of accepting an inheritance for housing
First, let's figure out when relatives have a right to property belonging to the deceased.
In accordance with Article 1152 of the Civil Code of the Russian Federation, the property of the deceased belongs to the heir from the moment the inheritance is opened, regardless of the actual acceptance of the apartment and regardless of the registration of the right in the authorized body by the legal successor. That is, the emergence of the right to real estate for an heir according to the law is not associated with state registration.
However, the right to use and own an apartment does not entail the right to dispose of property. It is still impossible to alienate real estate in favor of another person without waiting six months after the death of the testator and without bringing the documents into compliance.
If the successor, having bypassed receiving a certificate of title to the property of the deceased, makes any transaction with the property earlier than the period allotted by law has passed, he will be refused registration actions.
On the one hand, the law says that the right is formed from the moment the inheritance is opened and does not depend on the fact of registration or issuance of a certificate. And the refusal of the registration authority seems unlawful. But on the other hand, registrars are not authorized to determine the legality of ownership of property to a particular person and, without having documents that establish the rights to the apartment, they cannot transfer the right. After all, the person who declared his right may not be the only heir.
What you need to know about entering into an inheritance:
- You must indicate your desire to receive an inheritance within 6 months from the date of death of a relative (Article 1154 of the Civil Code of the Russian Federation).
- If this deadline is missed for a good reason, you can restore your rights through the court.
- If the heir is an unborn child, the deadline for completing the paperwork with the notary is postponed until the birth of the baby; the documents are signed by the parents or guardians of the latter.
- Relatives of the deceased who are not first-degree heirs can claim their rights if the closest heirs do not show themselves within six months. Another 3 months are allotted for this.
How are shares distributed during inheritance?
The law provides for two methods of inheritance:
According to the will. The document must be certified by a notary. The inheritance is accepted on the conditions specified in the last will, if several of them were registered. Shares are distributed at the discretion of the testator among one or more relatives, or people not related to family relations. Both the right to the entire apartment and to a share in the property are bequeathed. Moreover, if the will does not indicate the persons entitled to receive a mandatory share of the inheritance, in accordance with the provisions of Article 1149 of the Civil Code of the Russian Federation, then they will inherit at least half of their share by law. Such persons are:
- Minor or disabled children of the testator;
- Disabled spouse and parents of the testator;
- Other disabled dependents of the testator who are subject to compulsory calling to inheritance.
In the order established by law in accordance with Articles 1142 - 1145 and 1148 of the Civil Code of the Russian Federation. If there is no will, then the rights to the apartment are claimed by the heirs within one queue:
- children, parents, spouse;
- brothers, sisters, grandparents;
- aunts, uncles of the testator;
- other relatives.
Representatives of the next generation inherit under the condition of refusal or absence of relatives of the previous generation.
By right of representation, in accordance with Art. 1146 of the Civil Code of the Russian Federation, inheritance can be received by:
- grandchildren of the deceased aged (1st stage);
- nephews and nieces (2nd stage);
- cousins and brothers (3rd stage).
This means that if the heirs of the first, second or third order die before the testator dies, the share passes to their children.
Relatives of the same line inherit equally. The marital share is necessarily allocated from the inheritance - half of all property acquired in a joint marriage. An exception is a marriage contract that changes the order of joint property.
Example:
Pyotr Ivanovich dies. Regarding the issue of inheritance, the following people contact the notary's office: his wife and daughter. Pyotr Ivanovich’s son died two years earlier, leaving behind two children. If there is no will, the inheritance is divided among the first priority heirs. The right to an apartment is distributed in the following shares:
- The spouse already owns ½ share - joint property purchased after marriage. Accordingly, ½ share of the apartment is subject to inheritance.
- Since the son of Peter Ivanovich died, by right of representation his share of the inheritance passes to the children in equal shares. It should be noted that the widow of a deceased son has no right to this inheritance.
- There are only three heirs, since the grandchildren jointly inherit their father's share. Therefore, from the part of the inheritance remaining after the allocation of the marital share, the following will receive their shares:
- Spouse 1/3 of the entire inheritance;
- Daughter 1/3 of the entire inheritance;
- Grandchildren on the son's side - 1/3 of the entire inheritance in equal shares.
Which notary should I contact to prepare documents?
The day of death is considered the date of opening of the inheritance case. You can visit a notary to declare your rights from the date of death on any day. As a rule, the specialist is determined by the place of registration of the deceased. If you don't know which notary you should contact, contact your city's notary office. You can also come to any notary office for advice, where you should be given information about the address for accepting the inheritance.
Inheritance to an apartment between close relatives
When the question arises about transferring property by inheritance between close relatives, they often look for ways to solve the problem in the most profitable way. There are 3 options here:
- Conclude a purchase and sale agreement.
- Donate property.
- Bequeath.
Why not simply pass the property on to your heirs when the time is right? Each of the listed methods has its own characteristics, so let’s find out which one may be more profitable:
- When buying or selling, you will have to pay tax, and if there is no actual transfer of money, the transaction may be declared invalid. Also, the apartment acquired by the heir will become joint property if a marriage is concluded. Thus, buying and selling does not have any special advantages.
- When donating between close relatives, no tax is paid, and the property becomes the personal property of the donee. Expenses are limited to the amount of state duty. Therefore, donation is preferable to buying and selling.
- When drawing up a will and receiving an inheritance, you will have to pay a state fee, and in addition, the will can be challenged.
Thus, if the owner prefers to decide the fate of his property during his lifetime, it is better to transfer it by will or by registering a deed of gift between close relatives. It is important to weigh all the pros and cons that arise in each specific case:
- presence of other heirs;
- property value;
- marital status of the heir, etc.
Documents for registration of ownership of an apartment upon inheritance
In order for a notary to confirm your right to property with a certificate, you will need to prepare a number of documents:
- Death certificate (registry office).
- Heir's passport.
- Papers indicating family ties with the deceased (not needed for a will).
- Legal documents of the testator for housing. Prepare both title and title documents. The first includes a certificate of ownership or an extract from the Unified State Register, or an extract from the Unified State Register, issued by Rosreestr. The second includes the grounds on which the deceased’s right is registered: for example, a purchase and sale agreement, donation, rent, registration certificate, social tenancy agreement.
- Registration certificate for the apartment prepared by BTI.
- Information about the registration of the deceased and about persons living in the same apartment (certificate from the Federal Migration Service, extract from the house register).
- Refusal of property by other heirs (if any).
- Statement of absence of utility debts.
- Extract from the Unified State Register of Real Estate about the cadastral value as of the date of death (ordered at the request of any person in Rosreestr through the MFC, there is no state duty).
Download the application for issuance of a certificate of inheritance (sample)
How to register ownership of an apartment by inheritance
There are two ways to register the right to housing received by will or inheritance.
- Contact the specialists of the territorial division of Rosreestr.
- Submit documents to the specialized (formerly MFC).
If the documents are submitted by a representative, you will have to spend money on obtaining a notarized power of attorney. The cost of notary services for drawing up a power of attorney is 1,200 rubles.
Procedure for preparing documents through a notary
Interaction with a notary consists of several stages:
- The first visit to a specialist is in the first six months after the death of a relative. You will need to write a statement of desire to enter into inheritance rights. Take a list of documents required to obtain a certificate of inheritance.
- Collection of papers specified in the list.
- After the 6-month period, a visit to a notary along with the documents. The authorized person gets acquainted with them and, if necessary, asks them to bring any paper.
- Obtaining an inheritance certificate.
The notary can either hand over the certificate to you so that you go to register the right at the MFC, or he can submit the application for the transfer of the right to Rosreestr in the manner of interdepartmental interaction.
The main stages of processing documents through the court:
- Filing a claim or application to a court. Documents must be submitted along with the claim. The registration certificate will need to be updated. The application is submitted to the court at the location of the object. Legal cases require the participation of professional lawyers. Depending on the reason for the appeal, statements of claim will differ: a dispute with other heirs or recognition of the right to inheritance.
- During the hearing, a decision will be made. If it is positive, the heir can apply through the MFC to acquire ownership rights. The court decision acts as a basis document, the same as a notary’s certificate.
Note! In court, it is better to order several copies of the decision, since it is the papers with the blue stamp “Correct copy” that are submitted to the authorized authorities. The original is kept in court, all other copies are already copies.
Inheritance of an apartment by law
Advice from lawyers:
1. How and who evaluates an apartment intended for inheritance by law?
1.1. Hello! A market valuation can be made by an independent appraiser. Just for what? A cadastral passport with cadastral value is enough for a notary.
Did the answer help you?YesNo
1.2. A certificate of cadastral value from Rosreestr is sufficient.
Did the answer help you?YesNo
1.3. Order a certificate of cadastral value from the cadastre. It's done for free.
Did the answer help you?YesNo
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2. Can I sell the apartment using a certificate of inheritance by law?
2.1. Lena, yes, this is your title document. You can.
Did the answer help you?YesNo
3. The claim for ownership of the apartment by inheritance by law was rejected.
3.1. Appeal to the regional court.
Did the answer help you?YesNo
3.2. Reason for refusal?
Did the answer help you?YesNo
4. I inherited real estate according to the law. Registered as property. At the moment I want to sell my apartment. The late husband has a child from his first marriage. Nothing is known about the daughter. She did not enter into inheritance rights. If the daughter makes herself known, can she refute the sale of the apartment?
4.1. Hello) Yes, such an option is not excluded.
Did the answer help you?YesNo
4.2. How long ago did you enter into the inheritance and for what reasons did the daughter from the deceased’s first marriage not enter into the inheritance?
Did the answer help you?YesNo
4.3. If the property is sold and the new buyer is in good faith, then she will be able to collect money from you, but will not terminate the transaction.
Did the answer help you?YesNo
5. The son becomes the heir to 1/2 of a small apartment by law... If immediately after taking over the rights of inheritance he renounces it in my favor, will this not affect the receipt of the veins? certificate in the future? What to do?
5.1. Good afternoon In order not to register an apartment for his son, he needs to immediately write a statement of renunciation of inheritance from a notary. There is no other way to refuse without registering the property.
Did the answer help you?YesNo
6. After entering into inheritance rights by law (after the death of my spouse), I own 1/3 of the share in a one-room apartment. Also, 1/3 each belongs to the husband’s adult children from his first marriage. My husband and I lived in it for 7 years, but for the last 1.5 years I have lived in another apartment. I have not been allowed into this apartment since the death of my husband, they have not given me the keys, and they have moved in tenants without my consent. Question: do I have a chance to win a claim about moving into and not interfering with the use of the apartment?
6.1. Your question does not comply with the law. If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership (clause 3 of Article 252 of the Civil Code of the Russian Federation).
Did the answer help you?YesNo
6.2. You need to file a lawsuit to move in and out of tenants, and then move in through bailiffs. I advise you to contact a lawyer to represent your interests in court.
Did the answer help you?YesNo
7. On the date of his death, I lived with my husband in an apartment, part of which belonged to my husband, and also entered into the right to inherit a deposit in a bank and a car. You write that services for entering into an inheritance under Federal Law 3 201 are free. The notary determined the amount for registration of the inheritance. Is this legal or did I misunderstand this article and am not entitled to a free service?
7.1. An heir who lived with the testator in his residential premises is exempt from state duty (Article 333.38 of the Tax Code of the Russian Federation). For other inherited property, state duty is paid.
Did the answer help you?YesNo
8. Can I register my son based on what law, if *the apartment was purchased during marriage *after death he entered into an inheritance in fact *I have a certificate of the right to inherit from a notary in hand *the apartment is not registered not in the BTI, not in Rosreestr, since the property was purchased before 1997.
8.1. You can register your son at his place of residence after you register your right to an apartment in Rosreestr.
Did the answer help you?YesNo
8.2. Good afternoon. If we are talking about a minor son, then his place of residence must correspond to the place of registration of one of the parents. If the son is an adult, then he can be registered at his place of residence only with the consent of the owner of the residential premises; accordingly, you need to properly register the ownership of the apartment in Rosreestr.
Did the answer help you?YesNo
9. The question is this. My brother and I are the heirs of the apartment in equal shares according to the law, which we inherited from our parents many years ago, but we have not yet formalized the ownership rights. In the event of the death of one of the heirs, does the right of inheritance for the entire apartment pass to the other brother? Or, because We have families, does the right to part of the deceased’s inheritance automatically pass to the family?
9.1. Nothing is automatically transferred to anyone; your ownership must be registered.
Did the answer help you?YesNo
9.2. Hello. You need to register ownership in Rosreestr. And your first-line heirs - children, spouses, parents - will claim the share of each of you. This is the case if the inheritance occurs by law and not by will.
Did the answer help you?YesNo
10. There is a court decision from 2009 recognizing the right of shared ownership of 1/3 share for each of three family members (all adults) in an apartment through privatization. One of the owners, a disabled person of the 1st group, died in December 2020; at the time of his death, none of the owners, including him, had registered their ownership rights. The remaining owners are heirs of the 1st stage. Question: What is the procedure for registering 1/3 of the deceased’s share for inheritance by law?
10.1. Judicial, since the ownership was not registered with the deceased in Rosreestr.
Did the answer help you?YesNo
10.2. Hello. You need to apply to the court with a claim for recognition of property rights by inheritance. There is a similar practice.
Did the answer help you?YesNo
11. Please tell me, when inheriting an apartment to parents of two sexes and sisters, does it matter whether they are registered there or not? One sister is registered with her parents and did not live there, the other is not registered. Do they inherit the apartment equally by law? There is no will.
11.1. Hello. The inheritance is accepted according to the order.
Did the answer help you?YesNo
11.2. Ekaterina, equal. The degree of relationship matters; if the degree is the same, they accept the inheritance in equal shares. Registration is not important.
Did the answer help you?YesNo
12. How will the apartment be divided or divided during inheritance according to law? Since the deceased husband left behind: his wife (the marriage was formalized after the purchase of the apartment, but she is married), a brother, two daughters.
12.1. The wife and children inherit in equal shares.
Did the answer help you?YesNo
12.2. Children, wife, parents of the deceased in equal shares.
Did the answer help you?YesNo
13. My uncle is 83 years old; at the age of 80, he received a pension payment of 1,200 rubles. In 2020, my uncle wrote a will for me (apartment); now my health has deteriorated (I was registered in a mental health clinic). Do I remain an heir if, by law, guardians do not have the right to inherit the property?
13.1. Your right of inheritance remains unless your uncle writes a different will. And given his mental state, this is possible. It will be possible to challenge the new will later, but the mere fact of mental illness may not be enough.
Did the answer help you?YesNo
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14. My mother and my daughter, adopted by my mother, were the owners of an apartment in Moscow, but at present they do not live in Moscow and live in the USA, I do not communicate with them. Can I now get a certificate from Rosreestr or DUGI about who exactly is the owner of the apartment, mother or my daughter (18 years old). And do I have the right to inherit a will according to the law of this apartment if the owner is my daughter and can I receive information about this apartment without a power of attorney from the owner?
14.1. No, you cannot receive information without a power of attorney.
Did the answer help you?YesNo
14.2. Information about the owner of the apartment is open information; anyone can obtain the data by applying to the MFC or by email. form through the Rosreestr website by paying the state fee. A power of attorney from the owner is not required.
Did the answer help you?YesNo
15. When is it possible to tax-free sell an apartment that is in common shared ownership of two close relatives (1/2 + 1/2) when inheriting 1/2 of this apartment by law? The apartment was purchased as a result of privatization in 1993.
15.1. If, upon receiving an inheritance, you only became the owner at the present time, then you can sell it without paying tax only after five years or the cost must be less than 1,000,000 rubles.
Did the answer help you?YesNo
15.2. After being in property for three years, worth up to 1 million rubles.
Did the answer help you?YesNo
16. This year, by way of inheritance by law, ownership of a 1/8 share in the apartment was acquired. Then this share in the apartment was sold to the owner of the rest of the apartment, based on the cadastral value (amount less than 300 thousand). Does the seller of an apartment share have the right to a property deduction when filing a declaration? If yes, then how to correctly determine the amount of deduction?
16.1. Hello, Natalia! In this case, there is a right to a property tax deduction. When determining the amount of the deduction, one must proceed from the fact that the share in the ownership was an independent object of the transaction (i.e., it was not the entire apartment that was sold, but a share). In this case, the tax deduction will be 1 million rubles, i.e. income from the sale is completely covered by the deduction, and there is no need to pay personal income tax on this income. However, you are required to file a tax return to reflect the income received from the sale of the share. Sincerely, A.D. Ruslan.
Did the answer help you?YesNo
17. The privatization of the apartment took place in 1994. The owner was a grandmother and her grandson was registered, who, according to those first laws, entered into the right of privatization. (50%+50%). Then the grandson died. He had a son who inherited the right. This heir is the grandmother's great-grandson. This heir currently agrees to give this 50% share to the grandmother so that she will be the sole owner. But how? Giving? Sale? What about taxes?
17.1. Apply through donation - the easiest way. In your case, there will be no taxes when registering a donation.
Did the answer help you?YesNo
18. My husband died 4 months ago and left a will for me and my minor son to inherit 1/2 share of the apartment. The apartment was purchased during marriage. In addition to the apartment, he left huge debts as an inheritance. I was offered to renounce my inheritance in favor of my son, but I refused. They didn’t explain whether I could change my decision after the notary opened the inheritance case. And what kind of inheritance did I have to refuse (by law, by will, or all at once. Thank you in advance.
18.1. Hello. The heirs are liable for the debts of the testator to the extent of the value of the inheritance. You have the right to refuse the inheritance in favor of your son before the expiration of 6 months from the death of your husband. You have the right to refuse inheritance both by will and by law. Either from one thing or from all at once. You can refuse the inheritance without indicating in whose favor you are doing this. You don't have to accept the inheritance at all. What is your goal? Get rid of your husband's debts? There is an option that they will be “pinned” on their son. Write what your goal is and then we can advise you what to do.
Did the answer help you?YesNo
19. I want to buy an apartment, the owner has died, inheritance according to the law is for two children. The owner had been divorced from the children's mother since 1985, and the mother was deprived of parental rights. The owner privatized the apartment for himself in 1992. A grandson, born in 1996, lived in this apartment and has now been discharged. Does the ex-spouse have the right to claim the inheritance of the Apartment, as well as the rights of the grandson.
19.1. Good afternoon If the marriage was dissolved in 1985, and the apartment was privatized in 1992, then the ex-wife has no rights to inheritance. A grandson can claim an inheritance only if he is disabled and was dependent on the deceased for a year before death, Art. 1148 of the Civil Code.
Did the answer help you?YesNo
19.2. Only his children or if his grandchildren have died can apply. The lady will not receive anything, but no one can stop her from going to the notary with a statement or to the court, and no one can stop her from shaking her nerves.
Did the answer help you?YesNo
19.3. Tamara! If you have described the situation correctly, then according to the law there are two heirs of the first stage - the children of the deceased. However, you may not know some circumstances, so when purchasing real estate you should always contact a lawyer to support the transaction. Don't buy potatoes!
Did the answer help you?YesNo
20. Mom died. According to the law of inheritance, the apartment is 43 sq.m. (Khrushchev, adjacent rooms) was inherited by the father, daughter and son of the mother from her first marriage. The daughter notarized her share in favor of her father. The mother's son from her first marriage claims 7.1 sq.m. Can he live in this apartment and register?
20.1. Good afternoon. Can register and use. Considering that the rooms are adjacent (two rooms?), the court will not be able to determine the order of use of the rooms. If it is a three-room apartment and one room is isolated, the court will determine the order of use, assigning the isolated room to the son from his first marriage. The court will take into account the need for housing of each of the parties, the stated requirements (for example, a son may make a claim for allocation in kind or payment of compensation), the area of the rooms, the actual occupants.
Did the answer help you?YesNo
20.2. Good afternoon, Marina. Firstly, he inherits a share in this apartment. Secondly, if he, as an owner, has rights such as ownership, use and disposal of his share. Thirdly, he will be able to register his share, without the consent of other persons. I also want to note that in addition to his rights, he is also obliged to pay for utilities from the day of his mother’s death.
Did the answer help you?YesNo
THE SURVIVING SPOUSE IS NOT RIGHT TO CLAIM OWNERSHIP OF PROPERTY AND PROPERTY RIGHTS,
Mom got married in 1964, in 1967 they bought a cooperative apartment, in 1969 they got divorced and mom paid the share alone until 1981.
My future husband is going to buy an apartment with personal funds and equity participation from the developer.
I was not the owner, but was registered in the apartment for more than 10 years.
The following property was inherited from my husband by law: an apartment (PURCHASED BY HIM BEFORE ENTERING INTO MARRIAGE TO ME)
After the death of the investor, in the absence of wills, inheritance of funds takes place according to law.
My aunt passed away, leaving me with a room in a communal apartment. According to the law, I enter into inheritance rights,
Ivanov, Petrov, Sidorov received a certificate from a notary confirming the right of each to 1/3 of the apartment to inherit according to the law.
By inheritance, after the death of the testator, the apartment was transferred to the cohabitant.
If privatization is canceled and the apartment is privatized again by members who did not participate in privatization,
There are three heirs of the first stage. Two of them entered into inheritance by law.
Who will inherit the donated apartment?
If the apartment was donated to the testator, therefore, it became his property. After his death, this apartment is inherited according to the general rules. This means that if the deceased owner does not leave a will, then the children, parents and spouse will have priority rights to the donated apartment. If there is a will, the donated apartment will be divided by those indicated in the text of the document.
Consequently, accepting an apartment by inheritance has a number of features:
- the inheritance process depends on whether the apartment is privatized;
- state registration of property rights is required;
- an inherited apartment can be sold after registration;
- Buying an apartment received by inheritance involves some risks.
