Will for an apartment: pros and cons in 2020

The Civil Code of the Russian Federation regulates the rights of heirs in terms of receiving the property of the deceased. However, the priority condition does not apply if the deceased left a will and wanted to transfer the property to one or several very specific persons. Most often we are talking about transferring an apartment after death to relatives or third-party citizens. The will of the deceased becomes a priority. If a person wants to independently determine his heirs, he must figure out in advance how to draw up a will for an apartment. We'll talk about this today.

What does a will give for an apartment: important points you should know about

After the death of a loved one, all of his movable and immovable property passes into the possession of his heirs. At the same time, according to the law, there is a certain order of entry into ownership rights. Drawing up a will helps to avoid formalities and allows you to bequeath the total inheritance or a separate part to a specific person.

What does it give to the heirs and the testator?

If the testator has a worthy successor in mind, drawing up a last will document is beneficial to both parties. Let's consider the main nuances of the process of registering and receiving an inheritance.

When does a will for an apartment or house come into force?

According to Russian law, you can enter into an inheritance, even if there is a will for an apartment or other property, no earlier than six months later. Depending on what type of document the testator has chosen, the countdown date for the required six-month waiting period changes.

Open. After the death of the testator, the will for the apartment comes into force after 6 months. The reference date is the documented day of death of the testator (death certificate, court decision declaring the citizen dead). This time is allotted so that all possible successors can learn about the mournful event and present their rights to the inheritance.
Closed. The last will of the deceased is announced no later than 15 days from the date of death. The notary gathers all persons related to the testator and reads out its contents. This day is the 6 month countdown date.

Is it possible to bequeath an apartment to several heirs?

When drawing up a will, the owner is not limited in the expression of his will. He can bequeath his movable, immovable property, bank accounts to several heirs, in this case:

compiling a specific list of things and values for each legal successor;
dividing the entire inheritance mass between the heirs in shares (for example, ¼ to each of the 4).

Is it possible to bequeath a municipal apartment?

The testator has the right to dispose of the property that belongs to him by right of ownership. Municipal housing is owned by the municipality and is transferred for use to citizens on the basis of a social tenancy agreement. Therefore, municipal apartments cannot be inherited. The only opportunity to continue to use the living space for the relatives of the deceased registered in the apartment is to contact the council or municipality and renew the social tenancy agreement in their name.

Is it possible to bequeath a non-privatized apartment?

It is impossible to dispose of a non-privatized apartment, since it is not the property of the testator. But if there is a document reflecting the last will of the testator, the heir has the right to claim such living space. To do this, it is necessary that during his lifetime the testator draws up and submits an application for privatization to the appropriate authorities. If there is such a document, the testator must follow a certain algorithm:

Contact a notary and open an inheritance case.
Write an application to the housing department of the local administration about your claims to the apartment by right of inheritance.
Write a statement of claim for recognition of ownership rights (6 months after the death of the testator).

When can you sell an apartment received under a will?

Successors who have received an apartment or other real estate by will have the right to put them up for sale immediately after taking possession. It is important to take into account that, according to Russian law, real estate that has belonged to the owner for less than 5 years is subject to tax upon sale. Upon inheritance and subsequent sale, the seller will have to pay the state a tax of 13% of the total cost of the apartment received under the will.

Where can I make a will?

This document can be executed either at a notary or at home. This option is allowed when the testator, due to serious illness or other significant circumstances, is not able to personally come to the notary’s office.

In this case, it is possible to call a notary to your home. When carrying out this kind of procedure at home, only the testator himself, a notary, witnesses (if desired by the person drawing up the document), as well as a translator or scribe (if necessary) can be present at the time of execution of the will.

If the testator wishes, he can independently draw up the text of the document before the notary arrives, but it must be taken into account that the possibility of legal errors cannot be excluded. The person in whose favor the will is drawn up does not have the right to be present when such a document is certified.

In addition, he is prohibited from acting as a witness, translator or enforcer. Also, the testator’s relatives cannot be witnesses, since they are interested parties.

Pros and cons of a will for the testator

During life, few people want to think about death, but drawing up a will for an apartment has a number of pros and cons for the testator:

confidence that the property will go to the right person;
the ability to freely change or cancel an existing will;
affordability;
the opportunity to use your property, since ownership rights will pass to the heirs only after death;
property can be transferred to any persons (not relatives, organizations);
a will can be drawn up with additional requirements for legal successors (for example, with the condition not to sell the parental apartment);
speed of registration;
minimum package of documents for creation and certification.

The disadvantages include the following:

if there is the slightest mistake, dissatisfied relatives can challenge it;
If the chosen successor does not submit documents for ownership rights on time, he may lose everything bequeathed to him.

Documents for registration of a will

To certify a will you will need the following:

an identification document of the person wishing to formalize the disposal of his property;
information about persons who will be indicated as heirs;
papers confirming ownership of the property owned;
receipt for payment of the notary fee.

The law prohibits the certification of a will by a representative on the basis of a power of attorney. However, the presence of a lawyer or representative of the testator is permitted.

Pros and cons of a will for a successor

The main advantage for the testator is that any private person or legal organization can be designated as the legal successor. If a document is drawn up according to the rules of Russian legislation, without errors or inaccuracies, it is impossible to challenge it or declare it void. The only exception is compulsory heirs who have the right to receive their share of the property.

These include:

children of the testator who have not reached the age of 18;
a wife or husband who is unable to work due to health reasons (disability of groups 1, 2);
adult but disabled children;
the testator's parents who are unable to work due to health or age;
other dependents whom the testator supported for at least a year (regardless of their relationship with the testator).

Also, the heir under the will does not need to pay taxes on the received real estate (apartment, house, land, etc.). The only cost when taking ownership of an apartment under a will will be payment of the state fee:

0.3% of the value of the property - for immediate relatives (heirs of the 1st, 2nd stages);
0.6% – for all other heirs, including those with whom there are no family ties.

Among the disadvantages that a testator under a will may encounter are:

lack of notification of the death of the testator, the presence of a last will;
the need to divide the total inheritance with the obligatory heirs (at least half of the share provided by law).

Factors affecting the cost of a will

It is impossible to give an unambiguous answer to the question of how much it costs to draw up a will with a notary. The price you have to pay is influenced by the following factors: :

The amount of the state fee. It is determined by Art. 333.24 of the Tax Code of the Russian Federation and is valid throughout the country.
Cost of notary services on legal and technical issues. The price depends on the subject of residence and is determined by the regulatory documentation of the notary chamber of the region .

Possibility to challenge a will

The closest relatives are always the first to count on receiving real estate and other material assets after the death of the testator. If the standard inheritance scheme is violated (a will of an apartment, a car, a cash contribution to a non-relative), the question arises about the possibility of challenging the last will of the deceased. There are several options:

presence of errors, unreliable information;
poor physical or mental condition of the testator when drawing up the document;
lack of information about the testator himself, heirs (full name, residential address, date of birth).

Will for an apartment: how to cancel?

If, according to a will, an apartment and other property were inherited by fraudsters or unworthy heirs, it can be annulled. To do this you will need to go to court. The main responsibility of the plaintiff is to prove that the last will of the deceased was executed under the following circumstances:

under physical or psychological pressure from third parties;
state of mental imbalance (incapacity);
under the influence of psychotropic, narcotic substances or alcohol.

How to draw up a will and terminate it

The registration of a will for an apartment, movable property, and bank accounts always takes place in the office of a notary. In this case, the document itself can be handwritten by the testator or drawn up by a notary's assistant from the words of the testator. The main thing is notarization of the document according to the rules of the current legislation of the Russian Federation.

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Departure of a notary to the organization's office

When performing legally significant actions in business, the presence of a notary is often required by law, or at the request of applicants who want to make the transaction indisputable. The price of an on-site notary service is low (usually 5–10 thousand rubles), while an incorrectly drawn up agreement can result in millions in losses.

Notarial actions for legal entities:

certification of the minutes of the meeting of LLC, JSC with the decision on the reorganization (liquidation) of the company, increasing the authorized capital;
witnessing signatures on documents, deeds of transfer, powers of attorney;
affixing a writ of execution on the loan agreement for transfer to the SSP;
registration of notice of pledge of movable property;
issuance of a certificate of equivalence of paper and electronic documents;
certification of the purchase and sale transaction of real estate, shares, interests;
protest of the bill, presentation of the check for payment and certification of the fact of non-payment.

Notarization of decisions of the governing bodies of legal entities by a notary with a visit to the place of the meeting helps to eliminate many risks, including: unauthorized representation, substitution of the protocol, prevents the illegal seizure of an enterprise, and the adoption of decisions unfavorable for members of the LLC.

It is especially convenient for a notary to travel to Moscow in the case where a foreign citizen (legal entity) or a representative from a remote region of Russia is a party to the transaction. This saves partners time and frees them from the need to look for a notary office. To certify the contract, you need to agree in advance on the place and time of the meeting with the notary, and prepare the necessary documents.

How to register an inheritance for an apartment under a will

In order for a person’s documented last will to have legal force, certain rules must be followed:

Do not prejudice the heirs who have an unconditional right to receive their share of the testator’s property.
Accurately and without errors enter the data of the desired heirs (full name, date of birth, permanent registration address), as well as shares of the total inheritance or a list of things and valuables intended for each.
Describe property being inherited without errors or distortion of information.
Provide the notary with the entire package of necessary documents.

To understand what documents are needed to draw up a will for an apartment and other material assets, you need to familiarize yourself with the list:

passport;
a certificate confirming permanent registration at the place of residence;
title documents for real estate objects, vehicles owned;
bank documents confirming the existence of accounts, deposits or safe deposit boxes;
a certificate from a doctor certifying the normal physical and mental health of the testator (preferred for elderly people).

What is the price

When registering an inheritance for an apartment and other property under a will, the owner will have to make some expenses.

Important! There are no state duties or other costs established at the legislative level when registering a person’s last will.

The costs to the testator consist of two parts:

payment for the services of a notary office for the preparation and execution of a will (on average from 1000 rubles per 1 printed sheet);
notarization of the finished document (from 100 rubles).

Prices are set by each notary independently.

How to cancel while alive

Since the will is the documented will of the owner, he can independently revoke it. There are two cancellation options:

Composing a new one. After the death of the testator, a document with a later date of preparation has legal force. It is important that the subsequent one be drawn up according to all the rules. Otherwise, it will be considered void.
Writing an order to cancel the previous document. Completely cancels the effect of the previous one. It is best to register with the same notary who certified the will for the apartment.

The procedure for entering into inheritance under a will

If, according to a will, a citizen inherits an apartment or other material assets, in order to become the full owner of the property, he needs:

Contact a notary office that services the area where the testator’s apartment is located.
Provide documents confirming the right to inheritance (passport, documents of kinship).
Payment of state duty in accordance with current tariffs.
Obtaining a certificate of inheritance (6 months after the death of the testator or the official announcement of his last will).
Registration of the transfer of ownership rights in the bodies of Rosreestr.
Obtaining an extract from the Unified State Register of Real Estate.

Expenses

The testator may be concerned in advance with the question of how much it costs to draw up the document. There is no one size fits all. However, there is a list of tariffs for paying state fees for notary services. So, certification will cost 100 rubles. But technical actions are paid based on regional indicators. Usually everything together costs about 1,000 rubles. However, the cost of services may increase in some cases ().

For example, this is provided if the testator cannot come to the notary in person and asks him to come to a certain place. In this case, transportation costs and a 1.5-fold increase in tariff will be added to the standard payment.

If necessary, the testator can make changes to the will or cancel it altogether. There are no restrictions on the number of such actions in the legislation. Moreover, the testator does not have to give any reasons or grounds - his desire is enough to change the text of the will. However, you will have to pay for such “adjustments” every time.

In general, the costs of drawing up a will today are not high. Not only a wealthy person, but also an elderly citizen with a small income can bear such expenses. True, for the latter such costs will be more noticeable. But he will be able to leave his apartment to a specific person if his desire differs from the norms of the law. And today this happens quite often. For example, grandparents leave apartments to their grandchildren, not to their children, so that they have a place to live.

Read: What is the best way to formalize an inheritance: a will or a deed of gift?

Cost of a will at a notary office

How much does it cost to have a will certified by a notary? Legislators have established a state duty . Its size is 100 rubles . The price is fixed and valid throughout the country.

If notarial assistance of a legal nature is required to draw up a document, then it is necessary to prepare an additional amount of money. On average, the cost of such services is 1200 rubles per page . Depending on the needs of the testator, the notary can offer the following services:

legal consultations;
control of the attached documentation;
assistance in writing a will;
drawing up an inventory of the hereditary mass.