What documents are needed to inherit an apartment after death?

Registration of an inheritance for an apartment is always a troublesome task and certainly not fun. Experiences from the loss of a loved one often do not allow you to come to your senses in time and start processing the inheritance left behind, which in the future can cause considerable problems for the heirs.

And besides, not everyone clearly understands how to formalize an inheritance after death and where to go. Since the current legislation of the Russian Federation does not establish such a long period for an application for acceptance of an inheritance (only 6 months from the date of death of the testator), you should hurry up in order to correctly register the inheritance for the apartment and begin the appropriate procedure.

If you need help in registering an inheritance for an apartment, then our highly qualified company is ready to offer you high-quality services of a professional lawyer in the process of representing the interests of the heir (that is, you) in the rights of official inheritance.

Features, nuances and subtleties of the process of inheriting an apartment

Inheritance (one or another, movable or immovable) is a pressing issue of all times and generations. Now the vast majority of citizens who are faced with the procedure for registering an inheritance for an apartment for the first time after the death of a close relative are beginning to get lost in the correct sequence of their upcoming actions and simply do not know what exactly they need to do in the current situation. Often this can lead to the fact that the legal heir, out of ignorance, misses a real opportunity to receive legal property due to the fact that other relatives of the deceased suddenly appeared, who turned out to be faster and more competent in this matter.

To avoid the unpleasant situation described above, each legal heir needs to fully understand what the process of inheriting an apartment (or any other property) is, what features and nuances it has.

The service Registration of an inheritance for an apartment after death costs in Moscow on average from 8 thousand rubles (approximate prices for different types of property are indicated in the table below).

Procedure and options for inheriting an apartment (municipal, privatized, cooperative)

The legislative framework of the Russian Federation regulates 2 options for inheriting real estate (that is, transferring an apartment by inheritance):

Inheritance option - by law

This option is the most common, because the majority of Russian citizens often do not have the appropriate knowledge and practical experience in the field of inheriting property under a will. According to the law, legal heirs are persons who were closely related to the deceased. As a rule, these are those who were one family with him. In total, the legislation provides for up to eight lines of inheritance. First of all, it includes family members of the deceased (spouse, children, parents). If, upon the death of the testator, he has no surviving heirs of the first priority, then the inheritance right is transferred to the members of the next priority. At the same time, you need to know that lower-ranking heirs do not have the legal opportunity to claim property (in this case, an apartment) before their superiors.

It is worth noting that in addition to relatives, dependents of the deceased can be considered as heirs to the testator’s property. Only disabled persons can obtain this status and have the right to claim inheritance of a share in a privatized apartment (according to the law, these include: women over 55 years old; men over 60 years old; disabled people of any age; non-students under 16 -years old; students - 18 years old).

It is important to know that if any of the heirs died before the inheritance was opened (or at the same time as the testator), then the inheritance right of his share is transferred by law to his descendants.

Inheritance option - by will

The main and main feature of the will is that the testator, at his own discretion, can leave his apartment (or any other property) to absolutely any person who may not even be his relative. The will itself can be closed or open. In an open will, all its contents can be known to both the notary and the heirs. In a closed will, a document drawn up according to the rules is additionally signed by two witnesses (who were personally present during the transfer of the will) and handed over to the notary in a sealed envelope. The contents of such a will will be announced only after the death of the testator. Another advantage of such a will is that it can be completely canceled or replaced with another at any time. But here you should know that the law provides for certain categories of persons (minors, disabled children of the testator) who are required to have the right to inherit a privatized apartment (regardless of the will, which may indicate other heirs). A spouse or parents can receive the status of a mandatory heir only if they are disabled or old-age pensioners.

Inheritance of a municipal apartment

A municipal apartment is state property, so its inheritance is excluded and impossible. Residents registered in such an apartment are not its owners, but are only its tenants, who, after the death of the testator, have every right to continue living in it.

Inheritance of a cooperative apartment

In order for this inheritance to have legal force, the heirs need to collect a package of documents specified by law (in particular, it must include a notarized certificate of the right to inheritance). All documents must be submitted to the state authority to register a certificate of inheritance.

What you need to know about inheritance

According to current legislation, legally significant procedural actions are performed by a notary. After the death of the owner, at the request of the recipient of the property, the lawyer opens an inheritance case. After six months, in the absence of other legitimate applicants, a special certificate is issued. This document is the basis for the final registration of ownership of the apartment in Rosreestr.

In law

The legal procedure for registering an inheritance for an apartment is used in the following cases:

• there is no will;
• the order of the deceased was declared invalid during court proceedings or during an initial check by a notary;
• the heir refused to accept the apartment (the reason in this situation does not matter).

The created rules are based on several principles. By figuring out how to properly register an inheritance, you can prevent negative situations and unexpected expenses. Thus, regardless of the degree of relationship and the text of the will, the least protected persons have priority rights to the “obligatory share”:

• minor children (natural and adopted);
• parents are pensioners;
• dependents who have lost their ability to work.

The listed citizens can register ownership of half of the share that is due by law when the shares are distributed among several people on the waiting list.

If the listed restrictions are absent, the distribution (transfer) of the inherited apartment is carried out according to the normative priority. The general scheme includes seven groups, taking into account family ties (example):

1. spouse, parents, children;
2. brother, sister, grandfather, grandmother;
3. Uncle Aunt;
4. great-grandfather, great-grandmother;
5. cousin (great-grandfather);
6. great-niece (aunt);
7. stepfather, stepson.

If a potential recipient dies before registering ownership of the property, his heir receives the corresponding rights. Within one group, the shares of those on the waiting list are distributed equally.

For identification. Registration of ownership of an apartment by inheritance occurs after establishing the degree of relationship, for which they provide a certificate of marriage, adoption, and other official documents.

Separately, it should be noted the possibility of depriving the right to inheritance of “unworthy” applicants. Assignment to this category while simultaneously blocking the transfer of property may be established by a court decision if the following facts are revealed:

• forgery of a will;
• forcing the testator to draw up a specific order;
• deprivation of parental rights;
• refusal to pay for the maintenance of disabled relatives or children.

Other heirs may file a claim. An application should be submitted to the courts after drawing up a notarial certificate no later than 3 months.

By will

If there are indisputable ownership rights, an order for the transfer of real estate can be issued in favor of:

• any person or group of citizens, regardless of the degree of relationship;
• commercial enterprise, public organization, other legal entity;
• states.

The will is drawn up in a notary's office. Other requirements:

• the legal capacity of the testator (age – at least 18 years);
• voluntary personal disposal of property (it is impossible to draw up a document by power of attorney);
• proven ownership at the time of death.

The last point needs clarification. The will can specify the property to be built. If you only mark a plot of land in the text, the house will have to be divided according to law.

The transfer of an inherited apartment may be subject to additional requirements of the testator - testamentary refusal. Orders that are executed in favor of a third party (legatee) are acceptable:

• determination of lifelong residence rights;
• provision of medical care and other services;
• regular transfer of funds.

However, the heir is obliged to comply with the terms of the will. If lifelong use of an apartment (part of the real estate) is indicated, the person noted in this document cannot be forcibly evicted or deprived of registration. The rights of the legatee are preserved upon subsequent sale.

Real estate used under a social tenancy agreement is municipal (state) property. If the testator has received the necessary approvals, the registration procedure can be completed after his death. Persons who lived in this apartment can enter into a social rental agreement. In this case, they themselves are able to initiate free housing as part of the standard privatization program.

How to register an inheritance for an apartment in Moscow: procedure and necessary documents

First of all, the heirs need to decide on the place of registration of the inheritance - that is, the city where to register the inheritance and declare their rights to it. According to current legislation, this should be done at the place of residence of the testator. Accordingly, if he lived in Moscow or the Moscow region, then the registration of the inheritance should also be carried out there - in Moscow and the region, in the locality where the last place of residence of the deceased was located.

Having found out the city in which the inheritance registration procedure will take place (in our case, it is Moscow), you need to find out where to register the inheritance - in the sense of where to go with the necessary documents. Current legislation provides that notaries of the relevant locality have the right to deal with inheritance matters. That is, any notary in Moscow who handles inheritance matters, chosen at the request of the heirs, will be able to begin the procedure for registering an inheritance.

Documents for registration of inheritance for an apartment

Before going to a notary, it is advisable to call him and get advice on how to formalize an inheritance after the death of a relative and what package of documents is required for this.

Generally speaking, when you first go to a notary in order to register an inheritance, you need to have the following papers with you:

• death certificate of the testator and its copy;
• documents containing information about the last permanent place of residence of the deceased - a certificate of where he lived and an extract from the house register;
• documents that confirm family ties between the heirs and the deceased;
• an identity document of the heir and its copy (in particular, a passport);
• a list of possible heirs indicating their contact information and degree of relationship with the deceased;
• a will with a note from the notary who certified it, if there is one, and a copy thereof.

After the notary has received all the documents necessary for work, the registration of inheritance in Moscow and the region proceeds to the next stage - the notary sends requests to the relevant authorities to obtain documents and finds out what property belonged to the deceased and can be inherited. Next comes the preparation of documents for specific property.

3rd step. Preparation of a package of documents necessary for registration of inheritance

The Civil Code provides for two possible grounds for inheritance: law and will. It depends on them what documents need to be collected, how to act to exercise their inheritance rights, and also how much it costs to enter into an inheritance from a notary.

Registration of inheritance according to law.

To receive inherited property on this basis, you must document your relationship with the deceased or be his dependent. In this case, it must be taken into account that when entering into an inheritance, the law must comply with the order provided for in the Civil Code. The heirs of each subsequent line can be called upon to inherit only in the absence of heirs of the previous lines. To register an inheritance according to the law, you must submit to the notary documents confirming the existence of grounds for this: marriage certificates, birth certificates, etc.

Realization of inheritance rights under a will.

To enter into inheritance under a will after the death of a relative or other testator, you should contact the notary who certified this document. If by this time he has already resigned, the heirs turn to the official who received his archive for storage in order to put a mark that the testator did not change or cancel his orders. Most often, the only documents required to open an inheritance are a will with the mentioned mark and the heir’s passport. But if the testator mentions kinship, then it is also necessary to document it, as when entering into an inheritance by law.

When registering an inheritance for an apartment, you need to collect the following documents:

• title documents for the apartment and their copies (for example, a certificate of ownership and a transfer agreement);
• documents from the BTI (explication, cadastral passport, certificate of the value of the apartment at the time of the death of the testator) and their copies;
• an extract from the Unified State Register of Rights on generalized information on rights to residential premises.

A separate list of documents will need to be collected in order to register an inheritance for land, a vehicle, home ownership, etc. Therefore, in each individual case it is necessary to consult a notary.

In any case, you cannot do without the comprehensive support of professionals in the matter of registering an inheritance, especially since the course of inheritance cases is unpredictable, and you may have to receive an inheritance through the court with the help of competent lawyers.

In our company you can always get professional legal assistance in registering an inheritance for an apartment. All prices for our services are reasonable and competitive.

Documents for inheriting an apartment according to the law (without a will)

When contacting a notary, applicants need to prepare the appropriate papers. An inheritance case is opened upon the application of a potential heir.

To enter into an inheritance, according to the law, you will additionally need to prove your connection with the testator:

• blood connection - for relatives;
• being supported and living together – for dependents;
• the presence of marriage ties between the testator and the successor.

If a citizen cannot prove his connection with documents, the recipient will have to prepare a claim and prove his rights to the inheritance in court.

What documents are needed to register an inheritance for an apartment with a notary? Typically, the list of papers depends on the method of accepting assets and the type of property.

List of documentation for inheriting an apartment

Important! Data on the absence of tax debts and the absence of encumbrances is requested by the notary as part of interdepartmental cooperation.

Additionally, you can attach an agreement on the division of the apartment. The notary will issue a certificate of inheritance rights based on an agreement between the heirs.

Sample application for acceptance of inheritance