Re-registration of an apartment after the death of the owner, taking into account the nuances

Legal deadlines

Article 1154 of the Civil Code of the Russian Federation determines the period for entering into an inheritance within 6 months after the death of the previous owner.
The starting point is considered to be the moment of opening of the inheritance - the date of death of the owner of the apartment, or the date of the court decision declaring the person dead. You can contact a notary from this day forward. Before the next 6 months have passed, the heirs can declare their claims to the inheritance and begin processing documents. However, the heir can receive title documents for the apartment only after six months from the date of death.

If the inheritance deadline is missed, the applicant for inheritance can restore his right only upon receiving a positive court decision on this issue. To obtain such a decision, it is necessary to apply to the court to restore the missed deadline and indicate the reason for missing the deadline, which the court considers sufficient grounds for making a decision in favor of the heir.

If more than six months have passed since the death of the apartment owner, and the heirs of the first priority have not presented their rights to the inheritance, distant relatives and other interested parties can declare their claims to the inheritance. The period specified by law for entering into inheritance for them is 3 months following the six-month period.

How to transfer a share in an apartment to a relative

From a legal point of view, there are seven main lines of potential successors:

• The first line will include legal spouses, their children, as well as parents;
• In the second place, a brother, sister, grandmother and grandfather can claim to receive an inheritance;
• The third line consists of siblings;
• The fourth line includes uncles and aunts;
• To the fifth great-grandparents;
• These are all cousins ​​and grandchildren, as well as grandparents;
• This includes great-grandchildren, aunts and uncles;
• A special group includes persons who are stepfathers and stepmothers, as well as stepsons and stepdaughters.

It is the relatives who belong to the first priority and have the primary right to receive inherited property. If they are not there, then the rights to receive the inheritance go to the second and further in order.

The right to represent the inheritance of a share in a privatized apartment Establishes the distribution of the inheritance between the offspring of the deceased heir, who can also count on inheriting a share in the apartment by law. Descendants can only count on the share that was due to the already deceased heir.

It is distributed between them in equal proportions. The analyzed right does not apply to legal successors under a will. In addition to this, those disinherited and the descendants of an heir deemed unworthy sometimes find themselves deprived of this right. Collection of documents for registration of a share of an apartment by inheritance. A person has died.

Attention

All heirs are entitled to receive equal shares. Division of a share of an apartment between the heirs This state of affairs does not at all contribute to the peaceful entry into inheritance, therefore, very often many controversial issues arise between the heirs.

After this, they enter into a written agreement on the procedure for dividing the inherited property. Such a document is called an agreement on dividing the inheritance into parts.

Info

You will need

• - passport;
• — written notice;
• - contract of sale;
• — notarized permission from all owners;
• — gift agreement;
• - will.

Instruction 1 To re-register your share of the apartment in your name and obtain a separate certificate of ownership, you must carry out the procedure for allocating your share in kind. This procedure is carried out in court. Submit an application to the court about your desire to allocate your share, present the cadastral plan of the apartment, and indicate in it how your share can be allocated.

The court will send an independent commission to the apartment to consider on the spot whether the allocation of a share is possible or not. 2 The allocation of your share is possible only if the apartment is large and during the division process each owner will receive an isolated room.

But I think that there are experienced people here too who have dealt with this kind of design and will be able to advise! Many thanks in advance to everyone who responds! Guardian Registration 03/11/2008 Address Marsh. Zhukov Ave. Messages 12 150 I think the details will be clarified, but for now the most important thing: the heirs must, within 6 months after the death of the testator, contact a notary dealing with inheritance matters (the first letters of the testators' surnames are distributed among the notaries) and submit the appropriate application for the notary to open the inheritance case. Or call any notary in your area, I think they will tell you.

5 months have already passed for you, do not waste time, otherwise you will later have to restore the missed deadline for accepting the inheritance through the court. After 6 months from the death of the testator, the notary will issue you a document on the right to inheritance.

Documents: 1) Passport of the heir.

Order of succession

The heir of the deceased owner is established by law.

Only relatives of the deceased can inherit property by law. They are distributed across seven lines of succession. Persons in the first line of inheritance may be the first to inherit property.

The distribution of relatives into appropriate queues depends on the degree of their relationship with the deceased testator.

How to register an inheritance under a will?

Whether the Injury College searches for heirs, read here.

What is the statute of limitations for challenging an inheritance? Read this link:

The first priority assignees are:

• spouses;
• father and mother;
• natural and adopted children;

Important! Each heir decides for himself whether to accept the inheritance or refuse. If the heirs of the first priority do not want to accept the inheritance, their right passes to the heirs of the next priority.

In the second stage we observe:

• brothers and sisters of the deceased;
• grandparents.

All issues related to inheritance are the prerogative of the notary. State notaries are responsible for the inheritance of property by law. You need to contact a specialist located at the place of last residence of the deceased.

Heirs should know the following legal nuances of inheriting property:

• it can be inherited by writing an application for acceptance of property;
• to actually accept the inheritance, that is, to take certain actions indicating the intention to become the owners of this property.

Visit to a notary's office.

So, we register the property through a notary. We go to the notary’s office and submit an application to the necessary specialist to accept the inheritance.

How to write a statement correctly:

• personally, with your own hand;
• a notary must be present when writing.

A sample application is usually placed on a stand in a notary's office or can be found below.

But the application is not the only document that is presented to the notary. You also need to bring:

• passport;
• documents on relationship with the deceased;
• document confirming the death of the testator;
• an extract from the house register with information about all citizens who lived with the deceased in the same living space;
• documents for residential premises;
• cadastral documents.

Important! Do not allow yourself to miss the deadline for entering into an inheritance, as this will add unnecessary trouble to yourself. Do everything necessary within the six-month deadline.

In principle, if a person had good reasons for missing out, then the court can satisfy the claim and restore the deadline for entering into inheritance.

Reasons that may become the basis for reinstatement include: lack of information about the tragic event, long stay in a medical institution, business trip abroad, etc.

When there is no will, and the relatives will not give in to each other and cannot come to a common decision, the court can try for them and make its decision.

Do not forget that all property that is subject to state registration, after being passed on by inheritance to other owners, must be registered in the name of the new owner.

Registration of property rights occurs within thirty calendar days.

As soon as the heir receives the document on the right to the object of inheritance, it becomes at the full disposal of the new owner.

Re-registration of an apartment - step-by-step instructions

A man died. The funeral took place. We need to pull ourselves together and start preparing to inherit a share of the apartment.

Opening an inheritance is possible only after the death of the apartment owner.

It is impossible to accept it during the owner’s lifetime under any circumstances.

It will be necessary to prepare a set of papers for notarization within six months from the date of death of the apartment owner.

The following algorithm is proposed:

• visit to the registry office: the medical certificate of death and the passport of the deceased are exchanged for a death certificate issued on stamp paper;
• visit to the photo center: a copy is made of the death certificate;
• going to the passport office: the heir takes with him a passport, the death certificate of the apartment owner and a copy, removes the deceased from the registration register and requests Form 9 indicating the date of discharge.

Documents are being prepared for the initial visit to the notary:

• passport;
• death certificate of the apartment owner (and a copy);
• will (if available);
• Form 9 with the date of deregistration of the deceased;
• birth certificate, marriage certificate (confirming relationship with the testator).

Now you know who can inherit a share in an apartment. What is the procedure for its acceptance and registration? The opening of the inheritance is carried out immediately after the death of the testator at the place of his registration. Successors must contact a local notary office and apply for the right to inherit a share in the apartment.

Along with the application, the lawyer must provide a package of documents, which includes the following papers:

• Death certificate of the testator, which can be obtained from the registry office.
• An extract from his place of residence and deregistration (issued at the passport office).
• Certificate of ownership of the apartment, extract from the Unified State Register, technical and cadastral passport from the BTI, purchase and sale agreement (exchange, gift).
• Documents evidencing the right to inheritance (a will or, in the absence of one, documents on the degree of relationship with the testator).

How to inherit a share in an apartment if the property has not been privatized? If the testator began the stage of privatization of housing before his death, then the heirs can continue the registration and then accept inheritance of the share of the apartment. In other cases, the property under a social tenancy agreement will be transferred to the benefit of those registered in the premises, and if there are none, the apartment will be transferred to the benefit of the state.

After submitting documents and an application, the property must be assessed. This can be done, for example, from a private appraisal company.

Valuation of real estate, as well as other inherited property, is necessary to determine the amount of the state fee that is levied on the successors for the registration and issuance of a certificate of inheritance. Registration of shared ownership by inheritance will cost the heirs of the first and second priority according to the law 0.3% of the cost of housing at the time of the death of its owner. For all other applicants, the state duty is 0.6% of the apartment price.

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After all the documents, applications and papers on real estate valuation are submitted to the lawyer, the latter checks them. Within six months from the date of death, the specialist must determine the size of the inheritance mass, the rights of all applicants and determine the size of the share in the inheritance for each. After this period, the notary will issue a certificate of inheritance rights for each recipient.

This document is issued in two forms: one for all applicants, or a separate version of the certificate is created for each heir. After receiving this paper, the successors can register ownership of the received real estate by contacting any registration authority, for example, the MFC.

The place of acceptance of the inheritance may be the last place of residence of the testator, or the locality where the inherited apartment is located. In any of these cases, the heir must contact the local notary in charge of inheritance affairs.

The heir can find out which notary he needs to go to by contacting the notary chamber of the city or any notary office, where they will definitely tell him the location of the specialist who is engaged in notarization of the inheritance at the address of the deceased.

Standard for all settlements of the Russian Federation is the practice of dividing inheritance cases by territorial basis and alphabet. Lists of addresses of notaries can be found on the website of the notary chamber of the city in which the inheritance is accepted.

Before registering an inheritance for an apartment, you need to collect a package of documents. This process is usually broken down into two stages.

For the initial visit to the notary and submitting an application for inheritance, you need to bring the following documents for entering into inheritance to the apartment:

• original death certificate of the testator or a court decision declaring him dead
• identity documents of heirs
• papers confirming the presence of family ties with the citizen who left the inheritance
• documents confirming the right of ownership of an apartment by a deceased relative - certificate of ownership, real estate alienation agreement, gift agreement
• preferential certificates of a participant in the Second World War, a person holding the title of Hero of the USSR or the Russian Federation, a holder of the Order of Glory, for exemption from payment of state duty

After the notary opens an inheritance case, it will be necessary to evaluate the apartment and collect certificates from several institutions:

• certificate explication issued by the BTI with information about the size of the premises
• a certificate from the BTI or other authorized organization about the estimated value of the apartment
• extract from the Unified State Register received at the Registration Chamber
• extract from personal account confirming absence of debt

A citizen undergoing the procedure for entering into inheritance rights must be prepared to spend money, since ordering a certificate of the value of the apartment and obtaining an extract from the Registration Chamber are paid.

Registration of inheritance must begin no earlier than 6 months from the date of death of the testator.

Step 1: Preparation of the necessary documents to confirm the right to inheritance - death certificate, heir’s identity card and documents for the apartment

Step 2: Visit to a notary to submit an application for inheritance and documents confirming this right. The notary will open an inheritance case and send requests to banks and other organizations to obtain information about the material assets of the testator.

For heirs who for some reason cannot be present in person, it is allowed to mail a notarized application for acceptance of the inheritance to the hereditary notary.

Step 3: Collecting an additional package of documents for the apartment - assessment, BTI certificates, personal account statements

Step 4: After 6 months from the date of opening of the inheritance, the heir can receive a certificate of inheritance, and then, by contacting the Registration Chamber, the title documents for ownership of the apartment.

To obtain a certificate of state registration of the right to an apartment in municipal ownership, it is necessary to privatize the property or buy the apartment.

The deadlines for accepting an inheritance under an open will, the contents of which were provided to the notary, are similar to the deadlines for taking possession of an apartment by law.

A closed will must be read in the presence of all citizens who will inherit the apartment under the will, and mandatory legal heirs within 15 days from the date of death of the testator.

When opening a sealed envelope containing a will, two witnesses must be present. After the contents of the text of the will are announced, all heirs are given protocols on the opening of the document, and the original will remains with the notary.

I think the details will be clarified, but for now the most important thing is that the heirs must, within 6 months after the death of the testator, contact a notary dealing with inheritance matters (the first letters of the testators' surnames are distributed among notaries) and submit a corresponding application so that the notary opens an inheritance case.

Documents: 1) Passport of the heir. 2) Death certificate of the testator (if available). 3) Certificate of registration (registration) of the testator on the day of death - form 9 (if available).

Now the heirs need to contact Rosreestr and submit there a certificate of receipt of the inheritance, as well as an agreement on how the inherited property will be divided. If the documents are slightly different (different share sizes), this may be a reason for refusal of registration.

When is inherited property divided through court? However, a peaceful solution to the division of property is not always possible. The relatives cannot decide on the future fate of the apartment.

It turns out that there is a controversial issue about the division of property received by inheritance. In this case, you will have to involve a third party - the court - to solve the problem. If there is more than one claimant, the successor acts as a plaintiff or plaintiffs, who draws up a statement of claim to the judicial authority in order to obtain a fair decision on the controversial issue and on the division of the apartment received by inheritance. It is required to prepare:

• passport of the owner-seller;
• buyer's identity card;
• technical and cadastral passports for real estate;
• certificates confirming the absence of debt on bills in the apartment;
• extract from the Unified State Register;
• documents indicating ownership of real estate;
• Marriage certificate;
• the spouse’s permission for the transaction (if we are talking about jointly acquired property);
• a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
• an extract from the house register indicating everyone registered in the apartment;
• consent of other property owners for sale (if the seller is not the only owner).

What documents need to be prepared?

For all types of inheritance, you need to prepare and submit the following set of documents:

• death certificate of the testator;
• an extract on deregistration of the deceased;
• a certificate from the place of residence of the testator about the composition of the family or an extract from the house register;
• heir's passport;
• documents for the inherited apartment;
• extract from the Unified State Register of Real Estate;
• technical passport from BTI;
• cadastral passport.

When transferring an inheritance according to the law, information about the heirs and documents confirming the relationship with the testator are added. What other documents will be needed can be checked with a notary.

Real estate transactions require special attention, since such property has a fairly high cost. Also an exciting issue for the recipient of housing is the correspondence of the apartment. Today we will talk about how and when an apartment is re-registered to another owner.

Registration of a share in an apartment after death

Important

It can be argued that this is the simplest option in inheritance relations, since the wishes of the deceased are clearly expressed. However, a number of provisions of Russian legislation are aimed at limiting the will of the testator.

This is due to ensuring the interests of people with low social security; a mandatory share belongs to such a legal institution.

If other heirs refuse it, then the heir retains the right to sell the share to third parties. Suppose a mother and two daughters received equal shares in an apartment upon inheritance. However, the daughters are not interested in living in the same living space with their mother. Therefore, they can sell their shares to their mother, and she becomes the sole owner of the apartment.

If the mother does not want to purchase these shares, the daughters can put them up for sale, for example, through a real estate agency. Probably, the mother will not want to turn the apartment into a communal apartment. Therefore, this option is practically excluded. If a peaceful solution that would satisfy all relatives is really the sale of the inherited property and the division of the money received for it among the successors in equal parts.

The procedure for inheriting a share in an apartment In general, the inheritance of shares in an apartment occurs in the same order as in the case of inheriting an entire apartment. However, there are some nuances in this matter. An inheritance case is opened in a notary's office immediately after the owner of the real estate has died. First of all, find out whether there was a will.

Important

We invite you to familiarize yourself with: Tax deduction for pensioners: registration, documents, amount

It indicates the time of receipt of the certificate of ownership of the property. One small thing to pay attention to is taxes.

If the re-registration of an apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes. Deed of Gift It is now clear how the re-registration of an apartment occurs after death. There is no other way. The only exceptions are annuity agreements and deeds of gift.

As a rule, a gift agreement is most often encountered in practice. It allows you to transfer the ownership of the entire apartment or part of it to another person during the lifetime of the owner of the property.

If the deed of gift is drawn up for close relatives, you do not need to pay tax.

If you acquire the right to an apartment through a gift agreement, take care in advance to obtain permission for the gift. In this case, there is no need to deregister persons living in the apartment.

The transfer of rights must also be completed through a notary.

The procedure for completing a real estate purchase and sale transaction can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. At the same time, you can search for buyers.
2. Drawing up a purchase and sale agreement.
3. Signing an agreement with the buyer. The new owner pays for the transaction, after which you can go to the MFC and register the agreement.
4. Submitting a package of papers to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem when selling real estate is drawing up a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

Re-registration of an apartment by will after death

If the owner of an apartment during his lifetime drew up a will, which determined the circle of persons to whom the property would be transferred after his death, then no one can challenge his will, but only if the document was drawn up in accordance with the law. The question arises in what cases can a will or part of it be challenged.

1. The document is not certified by a notary. This is a grave mistake, and such a will has no legal force.
2. The document contains errors or the rules for its preparation are violated.
3. The will was drawn up by a person declared incompetent.
4. The person signed the document under duress, threat, or was forced to write it fraudulently.
5. At the time the document was drawn up, the citizen was insane and did not know what he was doing. For example, was under the influence of alcohol, drugs or psychotropic drugs.
6. The document has lost its force because the testator revoked it during his lifetime or later made another will.

Important! A citizen has the right to change his will by drawing up a new will. However, he is not obliged to cancel the previous one; this happens automatically, since the law recognizes the document with the latest date.

Persons who have the right to an obligatory part of the deceased’s property can also challenge a will. These include disabled parents, widow/widower, children and guardians who have been dependent for more than one year.

How to transfer your share of inheritance to an apartment

It is the presence or absence of this document that will determine the order in which the heirs will receive their inherited property:

• on the basis of a will;
• legally.

If potential heirs have no claims against each other, and there are no difficulties with completing the necessary package of documents, then the procedure for entering into inheritance occurs as follows:

• Contact a notary and write a statement stating your desire to accept the inherited property;
• Next, pay the fee for issuing the required document (certificate);
• After this, in due time, the notary prepares the certificate and hands it over to the heirs;
• Then go through the procedure of registering ownership of the share in the apartment that was inherited.

This can be done in person, through a representative with a power of attorney issued in his name.

• Actual possession and use of property; measures aimed at its preservation and expenses incurred in connection with this will confirm the acceptance of succession.
• To register an apartment by inheritance, you must provide the following to the notary office:

1. The death certificate is obtained from the registry office (civil registry office).
2. Documents confirming blood relationship or relationship with the deceased.
3. Extract from Rosreestr about real estate.
4. A paper from the management organization confirming that there is no debt for utilities and housing services.

The notary has the responsibility to establish the degree of relationship among persons applying for legal succession.

Expenses upon entering into inheritance

The procedure for entering into inheritance rights to an apartment after death entails material expenses.

Heirs of the first and second priority are required to pay tax on the inherited apartment. The amount of tax in 2021 depends on the assessed value of the property and is 0.3% of the figure indicated in the assessment documents. There are restrictions on this amount - the upper limit cannot exceed 100,000 rubles.

Heirs of the third stage and other persons entering into inheritance rights pay 0.6% of the cost of the apartment, but not more than 1 million rubles.

In addition to the basic amount of tax for entering into the right of inheritance, heirs will face associated expenses:

• for opening and maintaining an inheritance case - to a notary
• for documents on the cost of the apartment - BTI or independent appraisal organizations
• for an extract from the state register of real estate rights - to the Registration Chamber
• for issuing a certificate of ownership of an inherited apartment - Rosreestr

Apartment decoration

After completing the six-month period for presenting rights to the inheritance, the notary determines the heirs and transfers to them documents for taking ownership. Re-registration of an apartment after the death of the owner represents a procedure for state registration of the rights of the new owner.

To do this, you need to contact the branch of the MFC or Rosreestr. The following documents must be provided:

• Certificate of acceptance of inheritance;
• Passport;
• Death certificate of the previous owner;
• Certificate of ownership or extract from the Unified State Register of Real Estate;
• Receipt for payment of state duty.

The responsible specialist will accept the documents and provide a receipt for their receipt. He will also set a date when you can come for ready-made documents and an extract from the Unified State Register of Real Estate. The latter will indicate a change in ownership. From this time on, the heir is the rightful owner of the apartment. If there are several heirs, the apartment is registered as shared ownership.

If there is a mortgage

Legalization of premises in property

Who can inherit a share in an apartment? The first type of heirs are the legal relatives of the deceased, who are represented by a sequence of seven circles. The first and main applicants for entry by law are the children, spouses and parents of the testator. The inheritance is divided equally between them, with the exception of the spouse's share.

The spouse has the right to receive half of the deceased spouse's inheritance, as well as to receive a share in the remainder of the property on an equal basis with other successors.

If there are no heirs of the first priority according to the law, they wrote a statement refusing to join or simply did not show interest in accepting the property, then the right to join is transferred to the second circle of successors. The subsequent change of order occurs similarly. The last to be called to inherit are non-blood relatives: stepmother, stepfather, stepdaughter and stepson.

The inheritance between successors of 2nd to 7th order is divided equally, since none of the applicants of these categories has the right to receive a larger share in the property. Dependents of the deceased who were supported by him may be called upon to inherit on an equal basis with successors of any legal order (or with recipients under a will). Thus, a citizen who: can obtain the right to inherit a share in an apartment equal to the shares of other applicants:

• Lived with the testator in the same territory for a period of at least one year.
• Had a material or other form of dependence on the testator.
• Is an incompetent or incapacitated person.

So, the certificate of inheritance has been received. How to register a share in an apartment by inheritance? To do this, successors can contact Rosreestr or the MFC with a package of documents on registration of ownership of real estate. When applying to a government agency, you must have:

• Documents about ownership of the apartment.
• Application for state registration of rights.
• Receipt of payment of the duty.
• Certificate of inheritance rights.

Within one month, the government agency will carry out the state registration procedure and after receiving new documents, the heirs will become the official owners of the property. How to inherit part of an apartment after registering it as property?

An apartment, like any real estate, is an object that cannot simply be taken and divided. There are several options for joint disposal of housing if two or more persons have inherited:

• The heirs can sell the apartment and divide the proceeds among themselves in accordance with the allocated shares.
• Successors can sell their shares to one heir.
• The heirs may not sell the property, but agree on its joint use.

The easiest way is to divide the apartment if all recipients are not against its sale. After the transaction, the funds received will be divided among the heirs. What to do if one of the successors is against making such a transaction?

According to the law, it is impossible to oblige the heir to agree to the sale. You can only file a lawsuit to determine the order of use of the apartment, and then send a buyout offer to the dissenting successor. If the latter refuses within a month or does not respond at all, then you can sell the share. But this option is the very last, since it is impossible to profitably sell a share in an apartment.

There is a legal opportunity to achieve the right to buy out shares from other heirs by one recipient if the latter has a preemptive right:

• The heir lived with the testator.
• The heir had a share in his real estate until the death of the testator.

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You can take advantage of this opportunity if the heir with the priority right has no other property, and each applicant has small shares in the inherited apartment.

Example: after the death of a mother, a one-room apartment went to her three children. Two of them lived separately, and the third child lived with his mother. In such a situation, the latter has the right to file a claim in court for the pre-emptive right to buy out shares from other heirs.

Now you know what inheriting a share of an apartment is and how to register it. If you have a question regarding inheritance, you can get a free consultation from our lawyer. Ask your question on our website and we will advise you in detail about your rights to inheritance.

Civil law divides heirs into two groups: by will and by law.

The first group is not tied to kinship with the deceased: the owner has the right to draw up a will for a share in the apartment (inheritance is part of the apartment) in favor of any person.

The second group can be quite numerous, then the heirs are called upon to register a share of the apartment by inheritance in accordance with the order determined by the Civil Code of the Russian Federation.

Children born after the death of the owner of the share are also entitled to inherit if they were conceived during his lifetime.

By will

Inheriting this way is to a certain extent easier: it clearly defines who will become the legal successor and eliminates a huge number of controversial situations inherent in inheritance according to the law.

It is important not to forget: the circle of persons outlined by law receives a mandatory share, regardless of who is written in the will. by right

It makes sense to apply the rules established by law if the owner has not written a will for the apartment. Heirs of any line enter the circle of applicants in the absence of successors from the previous one. How are shares in an apartment divided by inheritance?

Heirs belonging to the same order receive an equal share of the apartment.

The first priority includes the relatives of the deceased owner in the direct branch: children, surviving spouses and parents.

The second includes the brothers and sisters of the deceased, his grandparents. The third is represented by the landlord's aunts and uncles.

In the absence of the above-mentioned persons or in the event of their officially formalized refusal of the inheritance, relatives of the third, fourth and fifth degrees enter the scene. The Civil Code determines the degree of relationship by the number of births separating the relatives and the deceased apartment owner.

The fourth line is the ancestors of the deceased. The fifth are children of nephews and siblings of great-grandfathers. The sixth includes great-grandchildren of both sexes, cousins, nephews and nieces, cousins, aunts and uncles of the deceased.

If, by tragic chance, none of the above persons are present, the seventh line is mobilized: stepsons, stepdaughters, stepfather and stepmother of the testator.

Read about the features of inheritance without a will and heirs here.

Establishes the distribution of inheritance between the offspring of the deceased heir, who can also count on inheriting a share in the apartment by law.

Descendants can only count on the share that was due to the already deceased heir. It is distributed between them in equal proportions.

The analyzed right does not apply to legal successors under a will. In addition to this, those disinherited and the descendants of an heir deemed unworthy sometimes find themselves deprived of this right.

After 0.5 years, the notary issues the successors a certificate of the right to inheritance, drawn up on a strict reporting form. This document is the main one in the list of papers that should be submitted to Rosreestr to register ownership of the inherited share.

Going to court

The court procedure helps to resolve the following issues: allocating a share, judging an obligatory share, inheriting in case of violation of a deadline.

The right to allocate a share in privatized housing is proven through the court if the legal successors have not reached agreement on this issue peacefully.

The legal process for the division of inheritance is complex and time-consuming.

A chain reaction often occurs: if the problem is not resolved pre-trial, then the decision on the judicial allocation of the share will lead to the filing of claims by other legal heirs.

It often happens that it is necessary to prove the right of a certain person to an obligatory share of residential premises.

If the successor does not go to the notary within the time established by law, then, regardless of the reasons, the inheritance procedure will be problematic.

In the absence of serious grounds, confirmed by certificates, the applicant for the apartment will be deprived of inheritance rights.

A simple algorithm will help you get out of an unpleasant situation with minimal loss of time and money.

1. It is necessary to contact the heirs who accepted the inheritance for the apartment on time. There is a possibility that someone who missed the deadline will be able to obtain written consent to receive a share. If you're lucky, the consents will complement the package of papers for the apartment required by the notary, and the share of the inheritance in the privatized apartment will be formalized without going to court.
2. It is advisable to make sure that the due share of the apartment is safe and sound. If damage to the residential premises is caused by other legal successors, they will have to go to court in order to obtain an award of compensation.

A potential successor who has missed the deadline is forced to prove in court that:

• he has the right to a share in the apartment;
• the reasons that influenced him to miss time are valid.

Time flies by quickly. Collecting documents for inheriting an apartment is actually not that difficult. You shouldn't create additional problems for yourself. Moreover, now you know how to get a share in an apartment by inheritance.

If a person is so crushed by grief that it seems that he can even breathe with difficulty, it would be advisable to entrust the registration of a share of an apartment by inheritance to an intermediary acting on the basis of a power of attorney.

Content

If heirs who have equal rights have taken possession of the apartment, but there is a dispute in the situation that requires division of the apartment, they can resort to concluding an agreement on the division of real estate or go to court.

Article 1168 of the Civil Code of the Russian Federation clearly defines the right of people who entered into the right of inheritance and lived in the apartment on the day the inheritance was opened as preferential over other heirs, provided that they have no other housing. In this case, we are talking about obtaining, on account of the heirs who did not live in the premises, a preferential right to inherited shares.

If there is an unborn child among the heirs, division of the apartment is possible only after his birth.

Re-registration of inheritance into the property of the recipient

Going to court

So, how to get an inheritance share in an apartment? If there are several receivers, then each of them will have the right to dispose of a certain part of the living space. But at the same time, further disposal of shares, for example, sale, depends only on the relationship between the heirs. After all, it is impossible to sell or give away a part of an apartment just like that. To do this, you need to obtain consent from other owners, which is not always possible to achieve.

If the apartment is an inherited property between several persons, then you can act in this situation as follows:

• Allocation of shares in court.
• Agree on the sale of the apartment with the subsequent division of the amount received in accordance with the shares of each recipient.
• Agree on the purchase of shares by one of the heirs.

When selling a share in an apartment, it is best to obtain consent. If there are disputes and litigation, the value of part of the property will be significantly lower.

Selling a share of an apartment by inheritance with the consent of all other recipients will allow the transaction to be carried out profitably. If there is no agreement between the recipients, then it is necessary to go to court to determine the procedure for using the residential premises. In this situation, only the court can give the right to reside in the premises to an unauthorized citizen.