What documents are needed to inherit an apartment?

Why register rights

The disposal and use of property in Russia is regulated by special federal laws. The procedure for registering real estate in Rosreestr is a mandatory condition of the order. It will not be possible to sell, exchange, donate or otherwise transfer an object to third parties without first entering information into the Unified State Register.

Vehicles that have not passed state registration cannot be operated. Legal confirmation of rights to securities is necessary to receive dividends, as well as to carry out transactions with assets. Entering information about new owners into the Unified State Register of Legal Entities is a mandatory condition for admission to the distribution of profits and management of the company.

Registration of ownership of an apartment

After inheriting an apartment, it is important to draw up all the documents for it. Recognition of your ownership of any housing will allow you to be considered its official owner.

Re-registration of an apartment after the death of the owner is carried out at the Office of the Federal Registration Service (Rosreestr) at the location of the property, and not at the place of registration, as many people mistakenly think.

An application and relevant documents must be submitted to Rosreestr. This procedure is not complicated, but employees of this service may suspend the property registration process or even refuse you if there are legal grounds for this.

What documents are required

Papers should be submitted to Rosreestr only after contacting a notary and opening an inheritance case. The application must be prepared to the service department located at the place where the inheritance was opened.

You can find out what documents are needed to register housing under a will from the list established by law.

Submitted documents are checked by service employees. This usually happens within a month. The absence of any papers or mistakes made in them can delay the process, so you should carefully approach the issue of compiling a package of documents.

What's included in the list

As already mentioned, it is better to make sure in advance that all the required documents are in your hands. You will have to spend some time getting them, but this is required by law.

The list of documents required for registration includes:

1. Statement.
2. Passport.
3. Cadastral passport.
4. Certificate of right to inheritance.
5. Certificate about the cost of housing.
6. Certificate from the Unified State Register of Real Estate.
7. Confirmation of payment of state duty.

Since the list of required documents includes a certificate of housing value, the answer to the question of whether an apartment valuation is needed when entering into an inheritance is clear. After accepting the inheritance, the property should be assessed in order to correctly distribute shares among the heirs.

The list of documents seems large, but it is worth remembering that we are talking about real estate. All certificates are easy to obtain from the relevant services, so there should be no difficulties in preparing documents.

Can Rosreestr refuse to accept documents for consideration?

All of the above documents are necessary for Rosreestr to register ownership. Other papers will not be considered by the service.

However, even documents collected according to the full list may not be accepted by the Federal Registration Service. This is due, for example, to errors in the application. In addition, unreadable or damaged papers will also not be accepted.

In this situation, the Federal Registration Service will first suspend registration, and if violations or errors are not eliminated, it will reject the application within a month. For this reason, you should carefully consider both the execution of the application and the preparation of documents.

Certificate of right to inheritance

Obtaining a certificate of ownership of an apartment by inheritance is a necessary condition for you to be able to dispose of property.

Although the Civil Code of the Russian Federation does not oblige heirs to receive this document, the presence of a certificate will allow the apartment to be registered and freely dispose of it.

The issuance of a certificate is also carried out within a certain time frame and has its own procedure. To find out how to obtain this document and what role it plays, we recommend reading the article “Certificate of Inheritance”.

Sample application for registration of ownership of an apartment

Registration of an apartment begins with filing an application with the Federal Registration Service. To be accepted the first time, it must comply with all applicable rules established by the service. The application must also contain:

• Your full name.
• Residence address.
• Reasons for contacting the service.
• Date of application and signature.

Rosreestr can provide you with a sample application, however, in order to save time, it is more convenient to come there with the paper already filled out.

Deadlines for registration with the Federal Registration Service

After the application has been sent to the Federal Registration Service, you need to wait for a response from this service. The law allows a specialist at least 30 days to study documents.

If the employees of this service doubt the authenticity of the documents, the verification will take a lot of time. Thus, this procedure should be approached with due patience.

Notification of suspension of registration of property rights

During the process of checking documents, the Federal Registration Service has the right to suspend registration of property rights. Notification of the suspension will be sent to the applicant by letter, in which the service will indicate the reasons. However, such actions must be motivated and legal.

The grounds for suspension are:

1. The Federal Registration Service has doubts about the legality of the grounds for registering real estate.
2. Suspicions of document forgery.
3. Errors and irregularities in the specified information.

At first glance, it may seem that Rosreestr can suspend registration in many cases. But the service is obliged to provide the applicant with written notice, which must contain the reasoning for the decision to refuse. If the service's comments are not corrected within a month, registration will be denied.

Recognition of property rights through court

It is possible to register ownership of an apartment by inheritance in court. The need to go to court arises in cases where the heir needs to obtain legal confirmation that he is the owner.

To apply, you will need a standard package of documents, as well as legal grounds. To get an objective idea of ​​this issue, it is worth familiarizing yourself with the material “Recognition of property rights by inheritance.”

What property is subject to registration?

Normative acts do not contain a unified list of values ​​that are subject to state registration. The rules are established by scattered documents and industry regulations.

Items restricted in circulation are passed on by inheritance subject to obtaining permits and licenses.

Procedure for registering property rights

Owners can insist on entering information into state registers after confirming the fact of inheritance. The grounds for registration depend on the method:

1. Notarization. After issuing a certificate of inheritance rights to real estate, the notary is obliged to send documents for state registration of the transfer of ownership. The heirs only have to pay the state fee.

2. Judicial procedure. If the deadline was missed or disputes arose, the issue is resolved by the servants of Themis. Participants register their rights after the judicial act comes into force.

Registration of vehicles is carried out by the State Traffic Safety Inspectorate. The right to inheritance in the form of a business is registered by the tax authorities. If the property included securities, the new owners will need to contact the registrar. The transfer of rights to inventions, utility models, trademarks and intangible assets is secured by the Federal Service for Intellectual Property.

Inheriting an apartment under a will

Registration of an apartment under a will after the death of the owner requires compliance with certain legislative norms. This process is regulated by Ch. 62 of the Civil Code of the Russian Federation.

The will must be notarized, otherwise the document is considered invalid.

Unworthy heirs are also deprived of the right to receive any property.

To accept ownership of an apartment under a will, you must contact a notary, after which the process of receiving an inheritance will be opened.

To learn more about all the intricacies of this procedure, we recommend that you read the article “How to enter into an inheritance under a will.”

Registration of inheritance by a notary in Rosreestr

Since February 2021, Law No. 338-FZ has been in force. The amendments impose on notaries the obligation to independently register real estate that has been inherited. The order in which rights are acquired does not matter. A notary must transfer information to state registers when registering property by law and by will. Such an action is not independent. There is no fee for legal assistance or technical services.

The application to Rosreestr is submitted electronically within 1 business day. If telecommunication channels are not available, documents are sent on paper. The period is 2 days. The countdown begins from the moment the certificate of inheritance is issued. The transfer of rights is confirmed by the registration sheet in the Unified State Register of Real Estate. Information is entered into the register no later than 3 days.

How to register an apartment as an inheritance if you have a will without it?

The will can be executed by a notary. In this case, the document is duplicated, one copy remains with the testator and he can transfer it to the testator. The second copy is kept in the archives of the notary or notary office. This type of transfer of property by inheritance is the safest, since it is not difficult to prove the right of inheritance, and even if the testator loses the will, the document can be restored without much difficulty and expense.

In cases where there is actually no will and there is no information about the will of the testator, you can contact legal companies that will submit inquiries and establish the existence of a will of the specified person, or its absence. If attempts to find a notary who could draw up a will were in vain, it will be necessary to collect the documents provided for by the Law for entering or receiving an inheritance for the apartment:

• An extract about the registered persons in the apartment, according to which the inheritance will be registered;
• List of presumptive heirs (you are not required to know them all, you do not have to search on your own and establish their current place of residence). However, in the event of claims from closer relatives who have priority in the right of priority by law, you can obtain a court order to deny the right of inheritance and review your property rights.
• Passport of a person who applies to Rosreestr, MFC or Cadastral Chamber;
• Death certificate of the previous owner of an apartment, house or any other type of real estate;
• Documents that confirm the possibility of inheritance by degree of kinship;
• Documents for the apartment - purchase and sale agreement, court orders (if any), gift agreement, certificate of ownership, explication from the technical inventory bureau, certificate of cadastral value, obtaining an extract from the Unified State Register, certificate of absence of debt for utilities.

Registration of an apartment by inheritance is impossible without presenting any of the above documents to Rosreestr, MFC or the cadastral chamber. To speed up the procedure for collecting legal grounds for inheritance, contact the Star Service Cadastre and Registration Center.

Is it possible to claim rights remotely?

In 2021, a number of notary services are provided remotely. Russians were able to certify transactions while in different cities, as well as order certificates of translation accuracy. However, registration of inheritance is not included in this list.

Fundamentals No. 4462-1 dated February 11, 1993 allow for filing applications for the acquisition of rights to property by mail or by sending an electronic document to a notary. However, the signature on such documents must be notarized. It will not be possible to enter into an inheritance without a personal visit or a specialist visiting your home.

When can you inherit an inheritance?

It is worth considering that you can enter into an inheritance no earlier than six months from the date of death of the testator; according to the current legislation of the Russian Federation, you can receive an inheritance after the death of a person in three ways:

1. Based on Chapter 63 of the Civil Code of the Russian Federation, according to Articles 1142-1146, the order of heirs and the rules for accepting property by them are established.
2. In the case of appointment of heirs by the testator himself, during his lifetime under a notarized will.
3. If the testator has entered into an official agreement with a third party, under the terms of which, for the provision of a certain service during his lifetime, he will receive the subject of inheritance after the death of the first person, unless other conditions are reflected in the inheritance agreement.

The testator independently draws up a will at a notary's reception, in which he reflects the heirs and the size of their share, and can also deprive legitimate candidates of the inheritance; according to the document, only the persons reflected in it will be able to register ownership of the property.

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What documents are needed

The basis for entering information into state registers is an application. The form of such an appeal is approved by departmental regulations.

What is the procedure for registering ownership of an apartment by inheritance?

The law provides for several ways to inherit apartments:

• by will;
• according to the law, in the order of priority of all blood relatives;
• by court order, if the rights of third parties have been infringed.

To speed up the procedure for registering an apartment by inheritance, it is better to contact an experienced notary who will determine the composition of the inheritance and check the documents for legal purity. Also, during preliminary preparation for real estate registration, heirs are identified, their right of inheritance is confirmed, if there are several heirs, their share in the inheritance is agreed upon.

After completion of the preparatory stage and receipt of all information by the notary, he issues a certificate that confirms the right of inheritance of the specified person or persons. A certificate of inheritance for an apartment can be appealed in court by persons whose rights have been infringed. The completion of the procedure for registering rights to real estate takes place in Rosreest, into which information is entered.

Cost of the procedure

Entry of information about inheritance into state registers is subject to a fee. Its size is determined by law. So, when submitting documents to Rosreestr you will have to pay (in rubles):

• for individuals – 2000;
• organizations – 20,000.

The fee for making changes regarding the rights of the owners of a legal entity is withheld according to the rules of Art. 333.33 Tax Code of the Russian Federation. The procedure costs 800 rubles. The application is submitted by the sole executive body of the company - the director.

The cost of registering a vehicle depends on the registration procedure. Entering information into a car passport, for example, will cost 350 rubles.

Cost of registration of ownership of an apartment

Cadastral registration with the Federal Registration Service is free of charge. However, registration of ownership of real estate requires the payment of a state fee, even if the property was inherited. This fee is fixed by law and enshrined in the Tax Code of the Russian Federation.

Apart from the state fee, the Federal Registration Service does not charge any other fees for this procedure. However, when preparing documents, you will undoubtedly use the services of a notary, which will have to be paid separately.

State fee for registration of property rights

The state fee for registering property rights is charged to legal entities and individuals. For the former it is 22,000 rubles, for the latter – 2,000 rubles. The receipt for payment can be found on the Federal Registration Service website.

The payment receipt is valid until its value is changed by law.

If you made a mistake when depositing the amount into your account or changed your mind about registering, you can return your funds within three days. To do this, you will need to fill out an application for the return of your money, indicating the reason for the withdrawal. The document is issued in the name of the head of the regional Federal Registration Service.