How to inherit under a will for an apartment: after the death of the owner, after 6 months?

Law on inheritance after death

Terms, stages and all aspects related to entry into inheritance rights are defined by the Civil Code of the Russian Federation (Article 1112). Where it is stated that any citizen during his lifetime has the right to draw up a will, indicating the circle of persons to whom he will transfer his property rights after death. All movable and immovable property is subject to inclusion in the inheritance, these are:

• house, apartment, garage, etc.;
• transport;
• household appliances and furniture;
• shares, bonds, securities;
• antiques, jewelry;
• shares in the capital of an enterprise, etc.

The heirs also receive debts incurred by the deceased during his lifetime, as well as obligations, for example, on loans taken out.

By a will, a person during his lifetime establishes the circle of persons to whom he wishes to allocate his property after death, and what exactly will go to them. This does not take into account the order of inheritance, which is present in inheritance by law. The document may indicate persons who are not related to the owner of the property.

For a document to have legal force, it must be certified by a notary. A person who wants to draw up a will must contact the notary's office in person with the text already drawn up or dictate his will. Before drawing up a document, the notary is obliged to make sure that the citizen is competent, of sound mind and performs the action without coercion.

Before certification, the lawyer reads the document drawn up to the property owner and hands it over to him for signature. Then the will is sealed and signed by a notary, and registration data is entered into the register.

If there is no will, then the remaining property after the death of a citizen passes to his relatives by law. Here, queues that are subordinate to family ties are taken into account.

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.

Terms and time of entering into inheritance under a will

The law establishes a general rule regarding the acceptance of inheritance. The period is six months and is counted from the date of opening of the inheritance. This date is taken from honey. evidence.

A citizen can be declared dead by a court decision. Then the opening date is set as the day when the court decision comes into force.

There are also special deadlines regarding the procedure for accepting an inheritance. For example, relatives of the testator can enter into inheritance within three months from the date of opening or entry into force of a court decision. This is possible if any of the persons mentioned in the will officially renounce it.

It is possible that the heir or heirs did not immediately decide to refuse, or for some reason the heir was removed. Then, for other applicants, a right arises, the six-month period of which is counted from the date of its occurrence.

It should also be noted that you can contact a notary to have a will read out almost immediately after the death of a citizen. It is only important not to miss the deadline for accepting the inheritance.

Circumstances may arise when six months have passed and the heir under the will has not shown up and accepted the inheritance. Then you need to defend your rights only in court with the provision of documents confirming the reasons that served as an obstacle to the timely acceptance of the inheritance.

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.

Mandatory share in inheritance under a will

Not always all issues regarding the division of property under a will are resolved only within the framework of this document. There are a number of categories of heirs who are entitled to a share, regardless of whether they are indicated in it or not:

• disabled children, as well as those under the age of majority;
• parents and spouse are disabled and dependent on the testator;
• other disabled citizens who were supported (dependent) by the testator during his lifetime.

The share of the listed persons is strictly stipulated by law and is half of what would be due to them upon inheritance by law.

Procedure for entering into inheritance under a will

To begin with, the relatives of the deceased must know whether there is a will. This information can only be obtained from a notary office. You need to visit the notary located at the last place of residence of the deceased and inquire about the existence of the document. If there is one, the heirs must accept the left property or refuse it.

Let's look at the inheritance procedure step by step:

1. Preparing an application and submitting it to a notary.

Within six months from the date of death of the testator, the heirs need to go to the notary's office at the place of residence of the deceased (this is where the will will most likely be opened). And fill out one of the applications:

• on the issuance of a certificate of inheritance;
• about accepting an inheritance.

2. Providing documents requested by the notary.

For his actions in assessing documents and issuing a certificate, he will require payment of a state fee.

3. Obtaining a certificate.

Officially, entry into an inheritance under a will occurs if there is a certificate of the right to inheritance. It is issued by a notary in compliance with the deadlines established by the Civil Code of the Russian Federation. If there is reliable information about the absence of other heirs, the document may be issued earlier.

4. State registration of property rights of heirs.

After receiving a notarial certificate, the heirs' real estate is subject to registration. They are required to contact the territorial office of Rosreestr to change the data in the real estate registration database. This can be done in person upon presentation of documents or with the help of a notary who issued a certificate of inheritance. The result of the changes will be receiving an extract from the Unified State Register.

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:

1. Application for acceptance of inheritance.
2. Death certificate or court decision declaring a citizen dead.
3. Heir's passport.
4. Documents confirming relationship.
5. A document confirming the last place of residence of the testator.
6. Original will.
7. Title and technical documents for residential premises owned by the testator.
8. Property appraisal report.
9. 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:

1. Prepare the necessary list of documents.
2. 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.
3. 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).
4. Pay the state fee.
5. On the appointed day, receive a certificate of inheritance.
6. 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.

Required documents

Confirmation of inheritance rights occurs only on a documentary basis. These include:

• death certificate of the testator or a court decision declaring him dead;
• a certificate from his last place of registration or residence;
• identity cards of all citizens recognized as heirs under the will;
• documents confirming the rights to inheritance of those to whom the obligatory inheritance share should be allocated (if they are not mentioned in the will);
• additional documents upon request of the notary.

Package of documents for registration of inheritance

Important
The difference between accepting and registering an inheritance. The norms of Art. 1270 of the Civil Code of Ukraine sets the deadline for accepting an inheritance at 6 months. It begins from the time of opening of the inheritance, that is, from the date of death of the testator. If the heir does not submit an application to accept the inheritance within 6 months, he will be considered not to have accepted the inheritance. If the deadline was missed for a good reason, then at the request of the heir, the court may restore the deadline for entering into the inheritance, giving him additional time to submit an application for acceptance of the inheritance.

Registration of an apartment under a will after the death of the owner requires providing the notary with a package of documents:

• death certificate of the testator;
• certificate of registration of the testator at the place of residence until the moment of death (form F-9, obtainable at the passport office or the territorial department of the housing and communal services);
• the text of the will, which indicates the heirs and a list of inherited property, certified by a notary during the life of the testator;
• documents confirming the testator's ownership of the property that is being inherited (they may be a purchase and sale agreement, a privatization agreement or another document - a gift agreement, an exchange agreement);
• registration certificate for the property (obtained from the territorial department of the BTI);
• heir's passport.

It is necessary to provide the notary with the originals of these documents, and also attach copies to the package. The notary has the right to request additional documents if necessary.

State duty upon entering into inheritance in 2021

For the issuance of a certificate of the right to inheritance, a notary fee or a state fee for notarial actions is charged, paragraph 22 of Article 333.24 of the Tax Code of the Russian Federation. The state duty is directly dependent on the degree of relationship and the estimated value of the inherited property.

The following dimensions are established:

• for close relatives, which include spouses, parents, natural and adopted children, as well as brothers and sisters - 0.3% of the total amount of property determined as part of the inheritance. The maximum duty limit is set at 100 thousand rubles and cannot exceed it;
• other persons entering into inheritance rights - 0.6% of the cost, not exceeding 1 million rubles .

Who can avoid paying state duty when entering into an inheritance?

Completely exempt from paying state duty, according to Art. 333.35 Tax Code of the Russian Federation:

• children who are under the age of majority on the day of opening of the inheritance;
• heirs of the apartment who lived together with the testator on the day of death and continue to live there;
• participants and disabled people of the Second World War;
• Heroes of the USSR and the Russian Federation;
• Knights of the Order of Glory;
• heirs of persons who died in the performance of state duties, duty to protect law and order, state property and save lives, as well as those who died within a year due to these circumstances;
• heirs of persons recognized as politically repressed;
• heirs who are incapacitated and under guardianship or trusteeship;
• in relation to bank deposits of the deceased, royalties, as well as wages and lost pensions received after his death.

Disabled people of groups 1 and 2 pay only half of the notary fee (Article 333.38 of the Tax Code of the Russian Federation).

To use the benefit, you must present an appropriate document confirming your assignment to one of the categories.

The procedure for entering into an inheritance under a will: how to register an inheritance for an apartment under a will

The procedure for accepting an inheritance is determined by the norms of the Civil Code of the Russian Federation and the Fundamentals of Legislation on Notaries.

The process begins with the death of a specific person. This fact is confirmed by medical documents that are issued to relatives by healthcare organizations. Another option is to declare a person dead through a court decision.

Next, the relatives contact the registry office to issue a death certificate. The document is necessary to confirm the death of a citizen.

To determine where to go to receive an inheritance, you need to determine the last place of residence of the owner of the property. To do this, you need a certificate from the management company, homeowners association or the police, which will indicate the registration address.

If the interested person does not know where the deceased was registered, you can contact a notary working at the location of the property.

The interested person writes a statement. The document states:

• FULL NAME. notary, office address;
• FULL NAME. applicant, telephone number, address;
• title of the document (application for acceptance of inheritance);
• FULL NAME. and date of death of the owner (with reference to a certificate from the registry office);
• who is the relative of the deceased applicant;
• information about other applicants for inheritance;
• information about whether there is a will;
• property information;
• link to Article 1153 of the Civil Code of the Russian Federation;
• an indication that the applicant accepts the inheritance left by the deceased citizen.

The document is drawn up in free form. To write it correctly, you can ask a notary for a sample on site.

It is advisable to confirm with documents the family relationship with the deceased, so that it is easier for the notary to determine the status of the applicant.

A citizen does not have to confirm his authority in relation to property. The statement may indicate that he wishes to accept the inheritance.

A lawyer (notary) opens an inheritance case. It collects information about property and accepts applications. It is necessary to establish who is entitled to what share.

When six months have passed, the notary makes an appointment with the heirs. He issues certificates of title to certain property. Next, individuals register the property in their own name, divide it, and take other actions to dispose of their belongings.

Other methods of accepting an inheritance are approved in Article 1153 of the Civil Code of the Russian Federation.

Who can challenge an inheritance under a will and within what time frame?

The law establishes cases when relatives can challenge the text of a will opened after the death of the testator. Such a procedure is possible only in court on the basis of the following evidence:

• incapacity of a citizen at the time of drawing up a will or influence on it by third parties, actions under threat to life, health, misrepresentation;
• the document does not contain a notarization, the data is not entered in the register, which violates the legal norms regarding the drawing up of a will.

Relatives may believe that when drawing up a will their rights and interests were violated, or there were other grounds when the document was not drawn up in their favor. However, contestation is possible only after the opening of the inheritance.

You should know that you can demand invalidation of a document either in whole or in part. At the same time, argue the reason and prove it with documents or with the involvement of witnesses.

The limitation period for challenging the text of a will is generally considered to be one calendar year from the moment the plaintiff discovered the circumstances that constitute the basis for invalidating the document, but not earlier than the date of opening of the inheritance.

Where to go to inherit an inheritance

A citizen declares his desire to receive part of the property of a deceased person to a notary who works in the administrative region at the place of residence of the property owner at the time of death.

How to register ownership of an apartment after accepting an inheritance

The citizen receives a certificate from the notary. He must submit this document to the Rosreestr department for the district where the property is located during office hours.

The citizen presents:

• an application completed on site using a form issued by the registrar;
• your passport;
• certificate from a notary;
• payment document confirming payment of state duty.

For registration, a citizen will pay 2,000 rubles in accordance with paragraphs. 22 clause 1 art. 333.33 Tax Code of the Russian Federation. For registration of a plot allocated for dacha farming, gardening, vegetable gardening and other objects specified in paragraphs. 24 clause 1 art. 333.33 Tax Code of the Russian Federation – 350 rubles.

Information is entered into the register within 5 to 12 working days.

Nothing more is required from the citizen. If necessary, he can obtain an extract from the Unified State Register.