Re-registration of inheritance in 2021

Pravozhil.com > Real estate registration > Re-registration of an apartment after the death of the owner, taking into account the nuances

Real estate subject to inheritance after the death of its owner sometimes becomes the cause of disputes between loved ones

How an apartment is re-registered after the death of the owner is a pressing question, because inheritance often becomes a stumbling block between the closest relatives. Especially when it comes to housing.

Finding themselves in a difficult moral state after the death of a loved one, the heirs must understand the legal nuances when registering an inheritance.

Let's consider a situation where the testator did not leave a will. The reasons for this may vary.

And then the re-registration of the apartment after the death of the owner occurs according to the law.

Re-registration of an apartment after the death of the owner

Therefore, the first step is to determine whether a will has been made and, if so, whether it is valid and not subsequently revoked.

However, it must be taken into account that such a refusal cannot be revoked, and having given the share of the apartment due to him, having signed the refusal at the notary, in the future the refused heir cannot demand anything from the heir in whose favor he refused the inheritance.

If there is no will, the ex-wife may receive part of the inheritance if the following conditions are met:

There must be no heirs of all seven orders, and they may not accept the property or refuse it.
The ex-wife must be incapacitated (retired, disabled) at the time of the death of the testator.

Note. Read all about the problems associated with assessing the value of real estate that is the subject of an inheritance that opened before January 1, 2005, and about what value the property is valued at - at the inventory value of the BTI or at the market value.

Re-registration of a house after death

Here you can choose two options: sell your share to your spouse (if the divorce is tense and full of scandals), or donate part of the apartment.

Receiving a land share as an inheritance is often associated with some difficulties, which can only be resolved in court. Registration of inheritance is strictly regulated by the Civil Code of the Russian Federation, which establishes certain procedures for entry and deadlines for the implementation of such an opportunity.

Be prepared to pay from 500 to 3,500 rubles for this, depending on the document and the property in question.

A state fee is paid separately, the amount of which is determined by tax legislation. Thus, persons of the first and second priority will pay 0.3 percent of the value of the inheritance. However, no more than one hundred thousand rubles.

Some lawyers are of the opinion that theoretically the ex-wife can be classified as the eighth line of heirs, although in practice this is almost impossible to apply.

Not to mention how important the procedure is to re-register land, that is, the ownership of another person.

From the moment of divorce, she is not a close relative of her ex-husband and, accordingly, is not included in the circle of heirs.

Saher_Sinka16AT 10/14/2015, 3:26 pm # IMHOnotary will refuse registration since 6 months have passed, then the court will restore the deadline, the court will ask “why did they miss it?”, it will come out that the relatives actually accepted the inheritance, then the glass ball does not show well... If there was registered, he cannot refuse (answer below) And if he was not, he will receive a refusal from the notary, with which he will go to court.

Re-registration procedure

An application is submitted after determining the address of the notary's office, and documents are prepared. Property transferred to third parties during the life of the testator does not participate in the formation of the inheritance. Before drafting the text of the appeal, consult a lawyer. If necessary, he will help you compose the text correctly. Order an inheritance appraisal. A fee is paid. In some cases, it is not fixed, but is calculated individually.

Payment of the state fee and provision of documents to the notary

Having collected all the necessary documents, calculate how much you need to pay for notarized re-registration. If it is an apartment, cottage, garage or house, you will have to pay 0.3% of the price of the inheritance (if the applicant is a close relative of the deceased). If you are not a child, spouse or parent of the deceased, you need to spend twice as much - 0.6%. The receipt is attached to the application and other documents required for renewal.

If the notary does not accept the application. In this case, justice can only be restored through the courts. A claim is filed and evidence is attached. A hearing date is set and a ruling is issued. It is enough so that the notary cannot deny the heir his right to re-register the inheritance.

Obtaining a certificate of ownership

This is the penultimate step. It is this paper that makes it possible to re-register valuables in your name, without which you cannot be considered the owner. Check whether it is correctly indicated what is included in your inheritance and whether everything is taken into account. When a document is drawn up with violations, it is challenged in court before being reissued. This completes the work of the notary, security measures and trust management are canceled.

How is the inheritance divided after the death of a husband?

To complete a purchase and sale transaction, you need a certificate stating that all previously registered residents have checked out of the house.

This can be found on the Internet. It won’t be possible to choose which of the heirs to register what property in, if there is no will - they will divide it in half (or in equal shares for the heirs of the first priority), so either someone will have to write a refusal to renounce the inheritance, or everyone will have to enter and then register it as a deed of gift .

Today's article, which contains detailed instructions on registering an inheritance, is devoted to the answers to these and other questions. The step-by-step guide provided in it will allow you to systematize the large flow of information related to inheritance, as well as simplify the process of registering your rights as much as possible.

Right to inherit an apartment

A death certificate is issued based on the death certificate provided. However, there are situations when the fact of death is established through the court (for example, in the case of a missing person). The basis for issuing the document in this case will be the corresponding court decision. Does this deprive her children of the right to inherit the living space after my death? Should I formalize this somehow? I’m married, but I don’t have children of my own.” In any case, the mother’s refusal to inherit does not deprive the children of any rights. There are two options: either you make a will for your sister's children, or they will participate in the legal inheritance process after your death.

This is important to know: Allocation of a share in a privatized apartment

After this period, the specialist issues inheritance certificates to all candidates, which are supporting documents for the inheritance. After receiving this paper, recognized recipients can contact the registration authorities for the subsequent re-registration of ownership of the land plot in their favor.

A court decision on the division of land may be to approve the right of purchase of all shares by one heir. During the consideration of the claim, the applicant or defendants can conduct an appraisal examination and determine the amount of compensation for their share of the inheritance.

How to register an inheritance after the death of a wife?

The complexity of the procedure that is associated with the re-registration of ownership of a land plot is to collect all the documents necessary for this in the shortest possible time and in accordance with all established rules, which include the general procedure.

After the death of a citizen, his property is received by the heirs in accordance with the terms of the will, or (in the absence of a will) in accordance with the requirements of the law. After registering their rights, the new owners can dispose of this property.

This document must be in writing, drawn up in two copies and executed in the presence of a notary. In it, the testator describes the property. which he has, as well as persons. who will get it in the event of his death. This will is kept by the deceased, as well as in the notary’s office, where this document was executed.

Article 1154. Time limit for accepting an inheritance 1. An inheritance may be accepted within six months from the date of opening of the inheritance.

The first is submitting a written statement to a notary to renounce the inheritance. Handling such a document is possible if an inheritance case has already been opened. If the case has not yet been opened, it is impossible to submit such an application.

Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. A power of attorney is not required to accept an inheritance by a legal representative.

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If the heir's application is handed over to the notary by another person or sent by mail, the heir's signature on the application must be certified by a notary, an official authorized to perform notarial acts (clause 7 of Article 1125), or a person authorized to certify powers of attorney in accordance with clause 3 of Article 185.1 of this Code .

Contact a notary at your place of residence. Then he will tell you everything. The registration will go through the court in any case. More than six months have passed when you should have entered into an inheritance. If you lived in the same house with the deceased before and after death, then it is considered that you have in fact accepted the inheritance - then the trial will be painless.

In certain cases, other deadlines are provided for accepting an inheritance. For more detailed information, see the article “ Timing of inheritance".

My mother, the legal heir, wants the plot to be registered in my name. What is the best thing to do: wait the required 6 months for the mother to take over her rights, or do I need to draw up some documents now? Maybe by the time 6 months arrive we should have some documents on hand? I have absolutely no idea what to do with all this...

Each procedure is not free. It is necessary to pay the services of a notary, the state fee for issuing a certificate of inheritance, and pay a fee to the state for making changes about the owner in the Unified State Register of Real Estate.

How a privatized apartment is divided by inheritance and will: share, who has the right

Citizens who have committed an attempted or completed crime against the health and life of the testator, and equally members of his family;
Parents previously deprived of parental rights;
Persons who maliciously evaded the maintenance of the testator, if such an obligation was imposed by law.

As a result, after the death of the owner, the apartment passes into the inheritance base. It can be transferred by will or law to his heirs. To do this, you need to go through a certain procedure, after which you can take ownership of the apartment and other property.

Conditions by law

In accordance with Article 244 of the Civil Code of the Russian Federation, property that is directly owned by several persons is their shared ownership.

The corresponding parts of the property are distributed among citizens proportionally.

The emergence of common property is provided for in cases where property objects cannot be divided on the basis of established legislative norms.

As for shared ownership, it can be organized:

in a residential building or a certain part thereof;
in the apartment;
in the room.

All owners of shares of residential premises are holders of equal rights to reside in the given territory, to settle and state registration of other family members, as well as to transfer such shares as a gift.

For example, the owner of a piece of real estate cannot:

transfer the corresponding living space to other persons under a rental agreement;
accommodate persons who are not family members;
alienate property in certain cases established by law.

It is also important to take into account the features that are provided for in Article 246 of the Civil Code, which are that when selling a share, the owners of the remaining shares have a priority right to purchase

Section details

The legislation establishes that shared ownership can be realized with further benefit in certain cases.

This may require:

registration of inheritance for a share in the premises;
preparation of the main package of documentation;
allocation of a share in kind in court proceedings;
offer their share to the remaining participants in the property on the basis of an agreement drawn up in writing.

It is worth noting that when registering a share of residential premises as an inheritance and then allocating it in kind, the chances of selling it at market value increase significantly.

In such premises, the actual owner can register any persons legally without prior approval from the regulatory authorities.

At the same time, other share owners will not be able to interfere with the implementation of such an operation.

Re-registration of an apartment after the death of the owner

Home » Inheritance » registration of inheritance » Re-registration of an apartment after the death of the owner

Most people acquire ownership of certain real estate during their lifetime, most often a home: an apartment or a private house.

Meanwhile, not every person thinks about death and what will happen to his property after his death. However, this is an inevitable process and sooner or later the owner’s successors will have to face this problem.

How to re-register an apartment after the death of its owner

Succession upon death of individuals in civil law is called inheritance. This is a special legal procedure for transferring ownership of the property of a deceased person to his legal successors or persons designated as such in the will document.

Methods of inheriting property

Meanwhile, the legislation regulates the order of inheritance in two ways, depending on whether the deceased owner drew up a testamentary document during his lifetime or whether he gave any orders before his death. If such orders took place and they were drawn up in the manner prescribed by law, then such succession is called a will.

When the deceased owner did not draw up any documents during his lifetime or his last order was not properly executed, the law determines who becomes the successor.

A will allows you to leave your property even to those who have absolutely no relation to the deceased person and are not his relatives. Also, a will may leave a certain order, condition, etc. to the successors.

Registration of inheritance: deadlines and list of documents

Like any other procedure in law, inheritance begins with the application of the successor.

However, the law limits the time period within which such an application must be filed.

So, if during the first six months from the date of the owner’s death the successor does not submit an application, then the law recognizes him as an abandoned successor, which entails deprivation of the right to inherit.

The official authorized to receive such an application and conduct the inheritance case is a notary.

He also formalizes the rights of successors, unless there are grounds for going to court regarding the succession of a particular property. In this case, the court decides who will be the successor.

In addition to the application itself, the inheritance cannot be formalized without the following documents:

successor's passport;
a certificate from the registry office certifying the fact that the person was declared dead;
a special medical certificate stating the death of a person;
a testamentary document or order of the deceased, executed in a legal manner;
an extract from the housing organization on the list of persons who lived together with the deceased person;
a document certifying the right of the deceased owner to his home;
passport for a property from the cadastre.

However, the law does not limit the court or notary’s right to demand other documents that they consider necessary for an objective assessment of the state of affairs. It all depends on the specifics of the situation, the characteristics of the housing, the number of successors, etc.

An apartment appraisal is also needed. If a state assessment of housing has been carried out within the last 3 years, then an extract with the relevant information from the cadastre must be submitted to the notary or the court. Otherwise, you will have to hire a private specialist - an accredited appraiser - to establish the market price of the inherited apartment.

This is important to know: How to transfer ownership of an apartment to a relative

The management of the inheritance case continues for 6 months after the death of the apartment owner. This period is also referred to as the period for clearing the inheritance, when notaries, together with the successors, take measures to pay off the debts of the deceased person.

Upon receipt of such a certificate, the successor needs to contact Rosreestr and register his ownership rights. Only after this procedure will he be the full owner of the apartment.

More details about the procedure for processing documents:

In general, an inheritance case can be considered as several stages, presented as a set of actions. Let's take a closer look at each of them.

Stage 1. Removing the deceased from registration

The deceased citizen must be removed from registration with the migration service. The Migration Department of the Ministry of Internal Affairs issues a special certificate from the place of last residence of the deceased owner of the apartment, as well as a special extract confirming his deregistration. It is necessary that the specified extract reflect the reason for deregistration, namely, the death of the person.

Stage 2. Contacting a notary

Only after receiving a certificate from the migration department of the Ministry of Internal Affairs should you contact a notary. You need to submit an application to the notary who operates in the area indicated in the certificate from the migration department of the Ministry of Foreign Affairs as the last area of residence.

Stage 3. You collect all the necessary documents that we mentioned above

After filing an application, the deadlines established by law for the acceptance of property lose their legal meaning. In the future, the inheritance case can continue as long as the successors collect the necessary documents.

Stage 4. Obtaining a certificate

The notary is given approximately two weeks to check all submitted documents and determine the status of the property and successors. If the inheritance does not contradict the law, the notary will issue a certificate to the successor.

At this stage, the successor must pay a state fee, which is determined by a notary in accordance with tax legislation. Without paying the fee, the certificate will not be issued.

Step 5: Registering your ownership

After receiving the certificate, the ownership rights certified by it must be registered with the authorized body. The fact is that real estate objects are subject to state registration, without which the ownership of them is not recognized by government agencies.

Who can inherit after the death of the mother?

Read here about who will become the heir to the deceased’s apartment.

Registration is carried out in Rosreestr. Based on the results of registration, the successor is also issued a certificate, but not of the right of inheritance, but of the right of ownership.

State registration of an inherited share in a privatized apartment

/ Inheritance / How a privatized apartment is divided by inheritance and will

If the privatized apartment belonged to the deceased individual, inheritance occurs according to the general rules. But if the deceased was only one of several owners of this home, only his share is subject to inheritance. In this regard, questions and misunderstandings sometimes arise.

In this article we will look at who will inherit a privatized apartment and what is the procedure for dividing it between the heirs.

Depending on whether a will was drawn up, the privatized apartment (or a share of the apartment) will go to the closest relatives of the deceased or to other persons to whom the deceased bequeathed his property.

If the deceased did not have time to make a will, inheritance occurs according to law. The Civil Code establishes that relatives have the right to inherit - in order of priority, depending on the degree of family relations.

Thus, the primary heirs are the husband or wife, children, and parents. If they agree to inherit, the property of the deceased is divided equally between them. Other relatives are not called upon to inherit.

If there are no primary heirs (or they refused or were excluded from inheritance), the right of inheritance passes to the second priority - brothers and sisters, grandparents. And so on - until the seventh stage.

You can find out a complete list of queues and the order of inheritance by law in the article “Order of inheritance by law.”

Note!

Even if the deceased is one of the co-owners of the apartment under the privatization agreement, this is not a basis for inheritance by other co-owners of the privatized apartment. The right of inheritance is exercised by law or by will, and not by privatization agreement.

The inheritance procedure must be carried out within six months (6 months) from the date of opening of the inheritance. Even if the six-month deadline was missed, this does not mean that it cannot be restored. You can do this in two ways:

Judicial - by applying to the court with an application to restore the missed deadline. You can count on a positive decision only if the deadlines were missed for valid reasons, which are documented;
Extrajudicial - by agreement with the heirs who entered into the inheritance on time and do not object to the addition of another heir.

For registration of inheritance, it does not matter what kind of ownership the privatized apartment is in - shared or joint. This matters only for the co-owners and heirs of the apartment, who will subsequently decide the issue of division, use, and disposal.

If during the privatization process the shares of the co-owners were not indicated, then the apartment became their joint property. They are all entitled to equal rights to joint property.

If one of the co-owners dies, what is inherited is not the real share (for example, one room), but the so-called ideal share in the joint property.

It often happens that joint ownership and use of common property is inconvenient. Co-owners do not always have a warm relationship with each other.

If one or more co-owners want to dispose of their ideal share (sell, donate, bequeath) - then it is possible to divide the joint property with an exact indication of the share of each owner. And provide each co-owner with the opportunity to dispose of their share.

Co-owners should contact a notary and draw up an agreement on the division of joint property.

Since we are considering a specific situation with an inherited privatized apartment, this may be an agreement on the division of an inherited privatized apartment.

If an agreement cannot be reached, a claim for the division of the inherited apartment must be filed in court. As a rule, the court resolves the controversial issue as follows - divides the common property into equal shares.

Even after dividing the apartment into ideal shares, the allocation of a real share in most cases is very problematic or completely impossible. For example, a one-room apartment is indivisible; it is also impossible to allocate three shares in a two-room apartment.

To dispose of a shared apartment, co-owners most often resort to:

sale of a share - with the provision of the right of first refusal to the co-owners of the apartment;
donation of the share of one co-owner to another;
transfer of the share of one co-owner to another, payment of monetary compensation in exchange for the share;
sale of the apartment and subsequent division of the proceeds.

First priority heirs have the right to be the first to claim the property of a relative after his death in the absence of a will. Heirs of the second stage have the right to claim inheritance according to the law in the absence of relatives of the first stage.

If there is a will, the distribution of shares between relatives occurs according to the rules of the document, that is, following the last will of the deceased person.

However, inheriting a privatized apartment is not always a simple and accessible process; a new bill that regulates exceptions to the rules of inheritance is of great importance in this matter.

When taking self-defense in your dispute, remember!:

All cases are very individual and depend on many factors.
Knowing the basics is desirable, but it does not guarantee a solution to your specific problem.

Therefore, experienced lawyers hotline work for you: Free online legal consultation

Inheritance of a privatized apartment after the death of the heir, according to the law, requires compliance with five stages:

within six months after the death of the heir, prepare the entire list of papers that prove the right to receive property;
officially open a legal inheritance case at a notary’s office;
register all the necessary papers with a notary, the new bill will help you understand the registration procedure;
obtain a certificate that confirms the right to own property by inheritance;
register your own rights for further disposal of the property of a deceased person.

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The key to successful completion of the process depends on the speed of completion of each of the above points.

The State Duma restricts heirs from freely obtaining rights to property after a six-month period, so all rules must be followed promptly.

Even first-priority heirs go to court to restore their own rights six months after the death of the testator. In this case, receiving a share from the property of the deceased is possible only by decision of a judicial commission.

Second-stage applicants are more distant relatives who have blood ties with the heir:

uncles;
aunts;
nephews;
nieces.

In the distribution of the share, the number of living first-degree relatives is of great importance. Distant relatives have the right to claim property in the absence of first-degree heirs.

The key to successful inheritance also lies in the availability of all the necessary documents that confirm family ties with the heir after his death.

Required documents include:

new sample will (if available);
the heir's birth certificate or any other document confirming the blood relationship between the heir and the testator;
death certificate of the heir.

When registering rights to a privatized apartment, it is necessary to find out whether the real estate can be regarded as collateral in a banking structure. Mortgaging an apartment can deprive all applicants of the inheritance share.

The heir of the first stage will be the person who pays off all debts after the death of the heir. Otherwise, shares will be distributed after an independent assessment of the property at market value.

Any relative has the right to cancel the pledge on his own, having received the property as an inheritance or a part of the share.

The key to quick distribution of property lies in agreement between the heirs. In its absence, each of the heirs can file a claim with the judicial authorities.

Most often, the court distributes the shares equally among the first-degree heirs. Sometimes the court allows the possibility of redemption of a share by one of the priority heirs after the death of the testator. Citizens who were directly related to the apartment privatization agreement can be attributed to this group of individuals.

The easiest way to obtain the right to dispose of property after the death of the heir is if the person registered in the apartment is the only heir. To enter into rights under the law, it is necessary to prepare a certificate indicating the possibility of receiving an inheritance.

The future owner of the apartment must obtain the appropriate certificate from the Federal Registration Service; without it, the heir will not be able to sell the property or rent it out.

The importance of apartment privatization for heirs

The significance of privatization lies in the fact that after its implementation, the apartment from the order of the state passes into the possession of the person who rented the apartment. The privatization procedure must be completed, otherwise the owner's right of ownership will not be recognized, and his heirs will not be able to inherit the apartment.

The privatization procedure ends at the moment when an agreement on privatization is concluded between the employer and the authorized state body. Only after this the employer is recognized as the full owner.

If the procedure was started, but the person did not have time to complete it and died, then the issue of further registration of the apartment for privatization is decided in court. Also, the successors of a deceased person who lived with him in this apartment can carry out privatization for themselves if they are officially registered there.

Without privatization, apartments continue to remain the property of the state or municipal body. So neither the notary nor the court will formalize the right of inheritance for such an apartment.

The cost of registering an apartment as an inheritance

Registration of succession requires quite large expenses. It all depends on the state of the inherited property, on family ties with the deceased, etc. Let’s consider each of the expense items separately.

Apartment valuation

As already mentioned, in some cases, when the state assessment of the apartment has not been carried out, it is necessary to invite a specialist from the private sector. He will conduct an assessment taking into account the condition of the apartment, market factors, liquidity of the property, etc. The cost of the services of such a specialist is at least 3 thousand rubles.

Also, if a state assessment was carried out, you need to obtain an extract from the cadastral authority. It is not given free of charge. When ordering it, a state fee of 200 rubles is paid.

The significance of the assessment is that it is on the basis of this price that the amount of the total fee for registering an inheritance and obtaining a certificate is determined. So the more expensive the apartment, the higher the duty will be.

Notary

Despite the fact that in most cases, registration of an inherited apartment is carried out by state notaries, their services also need to be paid. The cost of a notary's services consists of his technical expenses, remuneration for the work done and the management of the inheritance case.

This amount is determined by the notary independently, taking into account the rates established by notary associations in the relevant regions.

When accepting an application, a notary requires payment of a state fee, the amount of which is 100 rubles, and covering his expenses. Depending on the notary, you will need to pay from 300 to 800 rubles for filing an application.

When receiving a certificate, notaries also require a fee. The approximate amount of such a fee is about 3 - 3.5 thousand rubles. Notary fees are determined by the regional association of notaries.

State duty

The amount of state duty is determined in tax legislation. So, the size depends on two factors:

degree of relationship;
cost of the apartment.

Therefore, to determine the amount of the duty, it is necessary to evaluate the apartment. The notary has no right to require the successors to carry out the assessment in one way or another. The successors themselves choose which appraisal to present to the notary. However, the assessment must be legitimate.

If a notary has several legitimate valuations on hand, which are presented by different successors, then he is obliged to use the lowest value when determining the amount of the fee.

The current duty rate is as follows:

close relatives must pay 0.3% of the cost of the apartment as a fee;
other relatives and non-relatives of the successor pay 0.6%.

Thus, if the size of the inheritance of one of the successors is one million rubles, then a close relative in the event of inheritance pays 3 thousand rubles. Another person 6 thousand.

Meanwhile, tax legislation establishes persons who are partially or completely exempt from duty. So, for example:

persons living together with the owner, minors or incompetent successors are exempt from the duty;
disabled people pay half the fee, etc.

A complete list of persons is contained in Article 333.38 of the Tax Code of the Russian Federation.

What affects the price?

The following circumstances may affect the cost of registration of inheritance rights:

apartment price;
the nature of the family relationship with the deceased owner;
coordination of actions of all successors;
availability of hired intermediaries;
list of documents required for collection.

However, notarization of inheritance rights in any case is much cheaper than legal proceedings. So it is recommended to contact a notary in a timely manner and, after consulting with him, determine the approximate costs of the entire procedure.

Third category: to determine the hereditary mass and shares

It is important to correctly form the hereditary mass. This must be done before final re-registration. Within six months, the volume is replenished or reduced if it is established that there is a purchase and sale or gift agreement that the testator executed during his lifetime. Re-registration of ownership rights to property that does not belong to the deceased is impossible, since it is not an inheritance. Depending on the category of the hereditary object, the list of documentation changes.

Real estate

It is worth knowing how much each object costs when it is impossible to divide the inheritance in kind. Then the one who carries out the re-registration for himself pays the other applicants the cash equivalent of their shares. An appraisal report is needed to calculate the state duty, which depends on the price of the property. It can be market or cadastral. In the latter case, the prestige of the area is not taken into account when pricing.

Automobile

To re-register a car as an inheritance, you must have a title. An assessment is also carried out to determine the actual value of the vehicle. The year of manufacture, make, model, wear, mileage, participation in an accident, etc. are taken into account. Price is also taken into account when it comes time to share the car between several competitors: one pays a share to the other in order to transfer the vehicle to itself. This is done at the traffic police department.

Cash deposits

The bank does not provide information about deposits even to close relatives of the deceased. In order for the money in the accounts to become available, an inheritance bank order is required, which is also issued by a notary. Re-registration consists of opening accounts to which funds are transferred from the deposits of the deceased. To inherit, it is necessary to prove that the applicant is the successor of the inheritance and what share he holds.

Shares and LLC

The peculiarity of re-registration of such an inheritance is that it needs to be managed during the period of business. Within 6 months, someone must ensure that the heirs receive the securities and businesses in the form in which they were at the time the inheritance case was disclosed. For this purpose, a responsible person is appointed - a manager. When leaving an inheritance under a will, the owner can personally appoint an executor. The executor is responsible for the safety of valuables, for which he is entitled to a reward.

Russian law: re-registration of a house after the death of the owner in the absence of heirs

Persons from the second and subsequent stages claim inheritance in the absence of direct heirs. The following lines may receive the right to inherit if the persons from the first line refused, had limited rights or did not accept the property. To inherit after the death of a mother or father, you must contact a notary at the address where the inheritance was opened, the last place of residence of the parent, or the location of the property. It is also necessary to figure out how to enter into an inheritance after the death of a husband. The right of inheritance is primarily given to the spouse if an official marriage has been registered. She must contact the notary at the registration or residence address of the deceased. If there is no marriage contract and the primary heirs have no disagreements, the entire inheritance is distributed between them in equal shares. Or the parties must resolve the issue of division of shares.

This is important to know: Entry fees to SNT from 2021: legality

How much will you have to pay?

Since the statement of claim will be related to property, it will be necessary to pay the appropriate amount of state duty. And they are not small, and in the event of filing a claim in a court of general instance, they are regulated by Article 333.19 of the Tax Code of the Russian Federation. In this case, when we are talking about a land plot, when calculating the state duty, they proceed from the cadastral value of this plot. As judicial practice shows, there are no problems with satisfying such a claim. This is if there are no pitfalls or, as they say, controversial issues. In our situation, too, everything was not so simple. Of the four family members, the deceased's wife and three children remained, all adults, two of whom did not live with their parents. The widow's son, who maintained close contact with his parents, lived with them along with his family, that is, with his daughter-in-law and with his children, had full claims to this plot of land and had the desire to register it for himself and his wife. He proceeded from the fact that since he and his family lived with their parents, they had every right to all or most of the inheritance. But the right to this land plot, according to current legislation, is distributed in the following order. The wife of the deceased has the right to half of the land plot, on the basis that this property is jointly acquired during marriage. The other half of the land plot is claimed in equal shares by all four members of the deceased’s family: three children and a widow. The fact that the latter has the right to half of the land plot does not deprive her of the right to inheritance by way of entry into it by law. As for the wife and children of the son, they have nothing to do with the inheritance of the father-in-law and grandfather, unless he left a written order on this matter. Even if the children of the deceased lived very far away, and the unlucky claimants to the property lived with the testator. The claimants to the inheritance are members of the deceased’s family: his wife and children.

How is an apartment inherited after the owner’s death without a will?

3 Mortgage: let’s sort it out slowly

Order of priority of inheritance A number of persons have the right to inherit; the order of inheritance is determined by law. The legislation clearly establishes the persons who have the right to inherit any property of the deceased. It is necessary to remember that there are special rules of inheritance in our country. In accordance with them, the heirs are divided into seven lines.

If one primary heir appears, all others are automatically deprived of their rights. The main condition on which the order depends is the proximity of kinship. The primary heirs include:

They have the right to choose another option: refusal to receive an inheritance. In the event of such a turn of events or the absence of immediate relatives, the right passes to other relatives.

For more information about the inheritance procedure, watch the video: Read also: What documents should the owner have for an apartment - let’s figure it out together There is a will. What's next? The next point that we will consider is the re-registration of an apartment after the death of the owner according to the will. Even if there is a will, relatives have the right to refuse inheritance. If the testator decides to choose a successor in advance, then he should take care of registering the will with a notary.

Registration of inheritance of an apartment by law after death

Thus, the conciliatory actions of the successors during the inheritance registration procedure are only welcome. Who will get the apartment after the death of her husband? When inheriting, a wife or husband has a special status due to the procedure for regulating property relations between spouses established by family law. Thus, after the death of the other, the wife is entitled to the following part of all their property:

half of the apartment and all other jointly acquired property;
share in the remaining half according to the number of successors.

Thus, if a spouse leaves a will in the name of the other spouse, then that spouse accordingly becomes the owner of all property. But when there are children under 18 years of age or who do not have the ability to work, then the share due to them will be provided to them without fail.

A completely different solution

The situation changes somewhat differently if we are talking about a non-privatized apartment. If the apartment was not privatized, then the one who was registered in this apartment has a greater chance of such an inheritance. If a wife, son or daughter was registered with the deceased, then they accept the inheritance. In this case, the certificate of joint registration will be for the notary a proof of the actual acceptance of the inheritance. As a result, you can do without going to court: the notary will issue the necessary documents without unnecessary legal hassle. The remaining relatives of the deceased, if they have not reached an amicable agreement with other applicants for the apartment, are forced to go to court to protect their rights. There is little chance of getting the required share of such an apartment without the consent of the other applicants. As you can see, situations can be radically opposite, depending on the property, its condition, and whether it is privatized or not. Let's assume that the same apartment was privatized. In this case, if the testator did not leave any will, the relatives enter into the inheritance according to the law. If the apartment belongs to jointly acquired property, then the widow of the deceased has rights to half of it, and all family members, including the widow, claim the remaining half in equal shares. This procedure was mentioned above using the example of a land plot. If the property was owned by the testator and did not fall under jointly acquired property, then all family members: the widow and children of the deceased - inherit by law in equal shares of this property.

Is it possible to inherit without documents for a house and land?

Will A transaction concluded by a citizen unilaterally with the aim of creating certain rights and obligations for legal successors. This transaction is carried out by a single citizen personally, subject to full legal capacity. Inheritance according to the law. The procedure for receiving an inheritance in accordance with the queues prescribed in the Civil Code, in the absence of a will. Testator. A deceased citizen, whose inheritance passes to his heirs. Inheritance. Movable and immovable property, money, owned by the deceased. and other valuables that pass to the heirs after the death of the testator Opening of inheritance Date of death or date of recognition of the testator as deceased in accordance with the established judicial procedure Right of representation The situation when the heir from the first to third place dies at the same time as the testator or before the opening of the inheritance.

Inheriting an apartment under Russian law in 2021

death certificate or court decision declaring death;
a certificate from the place of registration of the deceased or an extract from the house register;
heir's passport;
documents certifying the right of inheritance.

Documents in case of inheriting an apartment:

originals and copies of documents for the apartment (purchase and sale agreement, donation agreement);
certificate of the right to receive an inheritance or a certificate from the Unified State Register of Real Estate;
a copy of the deceased's personal account;
certificate from the BTI on the price of square meters;
certificate of absence of debt on utility bills;
an extract from the house register with a list of all citizens registered and living in the living space.

In the case of inheriting a house, the same documents are required as when inheriting an apartment, plus documents on the ownership of the testator and a cadastral passport of the house.

Court decisions, acts, if any

Sometimes circumstances arise when it is necessary to establish facts through the courts. The result of such hearings is the issuance of an appropriate resolution. Depending on the situation, this could be:

Act on recognition of death or establishment of paternity.
The decision to recognize the heir as unworthy.
Other court decisions relating to inheritance.

Any document may be required for re-registration. Each situation is individual. But everything is not so difficult if you take advantage of a free consultation with a lawyer who will tell you what is needed in a particular case.