Documents for inheriting an apartment after death

Inheritance: what is it?

Inheritance refers to property received free of charge after the death of the former owner by law or will . In the first case, it is inherited by the closest relatives, according to the law. In the second, the heirs are those indicated in the will ( Chapter 62 of the Civil Code of the Russian Federation ).

The heir has the right to accept or refuse the inheritance.

Cars, apartments, houses and other valuable property are inherited. Real estate is the most common option.

Features of apartment design by inheritance

It is important to understand that the inheritance does not become property on its own. It must be accepted in accordance with the deadlines and requirements established by law. According to Art. 1154 of the Civil Code of the Russian Federation , you need to enter into an inheritance 6 months after the death of the person from whom the rights to the property are transferred . During these six months you need to collect all the necessary documents and contact a notary. The testator accepts or refuses the inheritance.

If the allotted time limit has expired, you will have to prove your rights in court.

An approximate scheme for entering into an inheritance is as follows:

Before the expiration of the six-month period, contact a notary office. In fact, this is enough to get up to speed. The specialist will explain further actions and advise on any legal issues. When visiting a notary, it is recommended to take the death certificate of the person from whom the property is transferred, as well as a document confirming the relationship with the deceased (upon entry by law). If you enter into an inheritance under a will, it is the main document appearing in the transaction.
Collect other documents (papers for the apartment, results of expert assessment, etc.).
Pay the state fee. Its size is regulated by art. 333.24 Tax Code of the Russian Federation .
Six months later, the notary issues a document indicating the right to the inherited apartment.

The heir has the right to choose any notary who will conduct the business. If there are several heirs, the decision is up to whoever contacts the notary first. And in the case when other applicants turn to other notaries, the specialist is obliged to redirect them to the one who took up the matter first.

Entering into an inheritance is only half the battle. The apartment does not become property after this action. To register the transfer of rights to real estate and become the full owner, you need to contact Rosreestr , presenting a package of documents. But first things first.

Entry into inheritance after the death of the apartment owner

To obtain rights to the property of the deceased, it is necessary to submit an advising statement to a notary. Entry into inheritance is possible only in relation to a privatized apartment or housing that has otherwise become the property of the deceased.

Submitting an application to a notary is equivalent to actual acceptance of the home. Art. 1153 of the Civil Code of the Russian Federation considers as such:

ownership and management;
preservation of housing from encroachment by strangers;
incurring expenses for maintaining the apartment;
payment of accumulated debts, including for utilities.

Documents confirming all of the above actions must be kept and subsequently presented to the notary.

If the deceased has appointed several heirs in the will and they have declared their rights, or when several persons have asserted legal rights, the inheritance occurs in relation to the share of the apartment. This situation often leads to conflicts and forces citizens who have received property to make a decision that suits everyone. After entering into an inheritance, you can sell the apartment and divide the proceeds in proportion to the shares.

After 6 months, the property is registered in the name of the new owners. Based on issued certificates of inheritance rights.

Automatic acceptance of inheritance

The legislation stipulates certain situations, according to which the heir does not have to personally contact a representative of the law:

has been living in an apartment for the last six months;
pays utility debts and makes other payments related to the maintenance of the property;
ensures reliable protection of inherited property;
paid off all debts left by a deceased relative.

In Art. 1153 of the Civil Code of the Russian Federation describes methods of accepting an inheritance.

Documents for applying to government agencies

After entering into an inheritance, it is required to register the transfer of ownership of the apartment in Rosreestr. This can be done by contacting the nearest branch directly or submitting an application remotely through the official website. There is another organization called the MFC. You can also submit a request through this multifunctional center. And he, in turn, after reviewing the papers, transfers the case to Rosreestr.

Note! When submitting an application through the MFC, registration is delayed. Multifunctional centers are intermediaries between Rosreestr and the applicant. In fact, the registration process is complemented by one more step.

The advantage of contacting the MFC is that citizens do not need to look for branches that correspond to their registration. You can use the services of any center. In addition, MFC employees help applicants write the application correctly, which is important for a person who is faced with a similar situation for the first time.

To register an inheritance with the authorized bodies, you will need to write an application and present the following package of documents:

passport identifying the applicant (for an individual) or a certificate of registration of an organization (for a legal entity);
certificate of right to inheritance - the heir receives it six months after the death of the former owner of the apartment;
documents for the apartment (sale and purchase agreement, deed of gift and other papers on the basis of which the deceased became the owner);
receipt of payment of state duty.

If several persons claim the inheritance, a certificate of ownership of certain shares will be required.

In addition, the above list in some cases may be supplemented by other documents. For example, if another person acts on behalf of the heir, you will need a power of attorney certified by a notary.

What documents are needed when registering an inherited apartment?

In addition to standard documentation, the notary's office will ask for information about the inherited housing. What documents do the notary need to inherit an apartment? This:

certificate of ownership in the name of the heir;
a certificate of the testator’s share in the apartment (if the testator is not its only owner);
an extract from the Unified State Register confirming the absence of encumbrances;
technical documentation from the BTI (cadastral passport, floor plan and explication of the apartment);
an official document confirming the appraised value of the apartment.

The apartment appraisal serves as an official document necessary for calculating the state duty. An apartment can be valued at inventory, market and cadastral value. In the first case, you need to apply for a certificate from the BTI.

The cadastral value can be requested from Rosreestr. The market value is determined by independent appraisers based on the submitted documents for the apartment. Typically, the assessment is carried out remotely, taking into account information provided by the heir.

If the heir has entered into inheritance rights not through an application to a notary, but by actually accepting the property, then he must confirm his expenses for maintaining the apartment. Such supporting documents may include: paid receipts for utilities, property taxes, receipts for the purchase of building materials, an agreement to connect the apartment to a security alarm, etc.

After receiving the necessary documents and checking them, the notary issues a certificate of inheritance to each heir. It is issued no earlier than six months after the death of the testator.

Each heir will receive equal shares in the apartment, or those that were specified in the will. But the heirs also have the right to enter into an agreement on the division of the apartment. They can distribute shares in it in any order. The agreement can be drawn up in simple written form; it does not require notarization, but is only executed after receiving a certificate of inheritance.

Video: What documents are needed to enter into an inheritance.

Deadlines

As mentioned above, a certificate of receipt of an inheritance is issued no earlier than six months. There are situations when a notary draws it up faster, without waiting for 6 months. As a rule, this is possible in the case when only one person and no one else claims the inheritance. But this is theoretical. In practice, lawyers try to avoid such situations and issue a certificate after six months, as required by law.

As for filing documents for inheritance, this can be done at any time (within 6 months). If they are ok, it will take 1-2 days.

Rosreestr reviews documents within 10 days. When contacting the MFC, the deadlines are extended to two weeks.

If in order to enter into an inheritance you need to contact a notary no later than months before the date of death of the testator, then there are no deadlines for registering real estate with the state. The applicant may contact the authorized bodies whenever he sees fit. And he does not face any punishment for delay.

At the same time, Rosreestr itself has certain deadlines for reviewing documents. And if, after 10 or 14 days from the date of filing the request, the applicant does not receive a response, he has the right to go to court.

Registration of an apartment after inheritance

Registration of home ownership occurs as usual. To do this, you will need to visit the MFC or any branch of Rosreestr in the country.

The heir must submit the following documents:

application for registration of rights;
a receipt or other confirmation of payment of the state duty (2 thousand rubles);
certificate of right to inheritance issued by a notary;
technical plan of the apartment, if the right to it was not previously reflected in the Unified State Register of Real Estate.

The registration period will be from 5 to 12 days, depending on the method of transferring documents.

Registration of the apartment after inheritance will be completed with the issuance of an extract from the Unified State Register of Real Estate, which will reflect the rights of the new owner. In this case, the period of ownership of the apartment will be calculated from the date of opening of the inheritance.

Since mid-2021, previously issued certificates of ownership have lost their legal force. Now confirmation is provided by current extracts from the Unified State Register of Real Estate.

Price

When registering rights to an inherited apartment in Rosreestr, you will only have to pay a state fee. Its amount is 2,000 rubles for an individual and 22,000 rubles for a legal entity .

It is not necessary to pay it on the day of application. This can be done both before and after submitting all the necessary papers to the authorized bodies. However, it is important to pay the state fee no later than 2 working days.

If several heirs apply for an apartment, the state fee is divided equally among all.

Peculiarities of inheriting a non-privatized apartment

As you know, non-privatized real estate cannot be sold, inherited, donated, or made other legal transactions. That is why many citizens are trying to privatize a house or apartment.

The owner of a non-privatized apartment, subject to certain conditions, can inherit his property. The requirements are as follows:

the testator submitted an application for privatization shortly before his death;
the entire package of documents for privatization has already been submitted to the registration authorities;
the application for privatization was not withdrawn by the testator before his death.

That is, there is only one condition: the privatization process has already started, but the deceased did not have time to bring it to its logical conclusion.

If no one started privatization, according to Art. 672 of the Civil Code of the Russian Federation, the applicant for an inheritance can renew the social tenancy agreement. But only if he lived in the same living space as the deceased. In the future, this relative has the right to privatize the apartment.

To renew a rental agreement, you will have to collect a certain package of documents:

application to municipal or state authorities;
extract from the house register;
confirmation of payment of utilities;
a copy of the personal account, certified by a notary;
basis for transferring apartments into operation;
a certificate from the BTI, which will contain a detailed description of the apartment;
application to the Arbitration Court.

After reviewing all the necessary documents, the applicant receives permission or refusal.

Assistance in registering ownership of an apartment by inheritance

Unfortunately, one of the most common causes of litigation in Russia is property rights to inheritance. The fact is that any formal reason can become a reason to go to court, which is obliged to consider the statement of claim. If the deceased had no other heirs who could claim the property, the procedure is significantly simplified. However, if there are 3-5 applicants for the inheritance or part of it, you should be very careful about the registration procedure. Practice shows that cases in courts are won by those who take a responsible approach to the preparation of materials necessary for the trial.

The second important point is that the Law provides for a period of 6 months, during which a certificate of inheritance can be issued. If, for objective reasons, the heir was unable to submit all the documents, you can file a claim with the court, which within 5 days is obliged to issue a resolution either to begin the procedure for reviewing the inheritance or to refuse to satisfy the claim.

Also, in the process of considering property cases, a lot of additional difficulties often arise:

The presence of a credit arrest, collateral on the apartment, which is considered as an inheritance;
Difficulties in establishing the composition of the inheritance;
A large number of relatives who claim the inheritance;
Undocumented rights to inheritance;
Problems with real estate documents.

In this regard, a reliable and experienced lawyer is often required who can assist in searching and collecting the necessary information and preparing it for consideration in Rosreestr or court.

Possible difficulties

Let's consider special cases that may arise when inheriting an apartment, and also present ways to solve them:

if, when submitting an application, it turns out that some document is missing, you can submit it, for which a couple of days are allotted ( if you delay the deadline, the registration may be refused, and you will have to write the application again );
During the appraisal work, a violation was discovered in the form of illegal redevelopment and other things - if it was committed by the deceased, the new owner can correct the mistake and avoid penalties;
when, according to the will, a share in an apartment, as well as transport, is inherited, you will have to accept everything or refuse everything; taking part of the inherited property is prohibited by law .

Inheritance itself will not cause difficulties if the documents are in order. In case of minor mistakes, you can always find a way out of the current situation. For the heir, this only threatens to waste time.

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Order of succession

All heirs by law must be called upon to inherit the apartment in a strict order of priority, as defined by Art. 1142-1145 and 1148 of the Civil Code of the Russian Federation. Each subsequent line has the right to inherit if the heirs of the previous line are absent, refused to enter into the inheritance, do not have the right to receive it, are deprived of the inheritance, are excluded from inheritance, or do not accept it.

There are eight lines of legal heirs.

First of all, the apartment is inherited by the children, parents and spouses of the testator.
The heirs of the second stage are half- and full-blood brothers and sisters, as well as grandparents of the testator.
Thirdly, the uncles and aunts of the testator (full and half brothers and sisters of his parents) have the right to inherit an apartment.
The heirs of the fourth stage are persons of the third degree of kinship - the great-grandfathers and great-grandmothers of the deceased.
The fifth line of recipients of inheritance for an apartment includes relatives of the fourth degree of kinship - cousins and granddaughters, as well as great-uncles and grandmothers of the deceased.
Heirs of the sixth stage are representatives of the fifth degree of kinship - great-great-grandsons and great-granddaughters of the testator, as well as his cousins, nephews and nieces, uncles and aunts.
If there are no heirs in the previous lines, then the stepmother and stepfather, stepsons and stepdaughters of the deceased are called upon to inherit.
Persons who were dependent on the testator for at least a year before his death are heirs of the eighth order (if there are no other heirs). In addition, they receive an inheritance together with the heirs of the line that is currently called to inherit.