Package of documents for obtaining a certificate
To obtain a certificate, you must indicate the day of death of the testator - the value and other parameters of the property will be assessed on this date.
Required documents:
- death certificate of the owner;
- a certificate issued by a notary stating that the heirs have submitted an application for inheritance;
- certificate of ownership of real estate;
- document confirming the identity of the heir.
Preparation of documents takes up to thirty days. The notary will tell you what papers are needed to obtain a certificate in each specific case, as options are possible.
Where to contact
You can get help:
- by contacting the Bureau of Technical Inventory in person;
- through the “My Documents” MFC branch;
- on the website mos.ru (for Moscow residents).
You can submit an application for a certificate to the MFC branch by pre-registration by phone or in an electronic queue on the day of application. The service is paid; the cost of a certificate of inventory value is set separately by each BTI, depending on the locality.
Inheritance procedure
Entry into property rights is carried out with or without a will. When drawing up a will, one copy remains with the testator, and one copy remains with the notary. When the heir turns to the notary, the latter raises the archive and notifies everyone who is indicated in the will about the inheritance. If there is no will, you need to contact a notary at the place of residence of the deceased within no more than six months from the date of opening of the inheritance.
Required documents:
- death certificate;
- certificate of all persons registered in the apartment;
- heir's passport;
- confirmation of the degree of relationship: birth certificate, marriage certificate, etc.;
- list of possible heirs;
- a document confirming the right to ownership of property of a deceased person, that is, paper on the basis of which he was the owner of an apartment or house;
- a certificate of explication and a certificate of the value of real estate - taken from the BTI;
- extract from the Unified State Register;
- certificate of absence of arrears in payment of utility services.
If available, a will is attached to the package of documents. Without it, acceptance of inheritance and entry into rights is possible. Without all the other documents, it will not be possible to confirm the right of inheritance.
When contacting a notary, a hereditary case is opened, and the specialist issues a request to order a technical certificate from the BTI by the heirs.
How much does a BTI certificate for inheritance cost?
» Receipt of property June 01, 2021
Inheriting an apartment
In this article we will try to consider the procedure for registering an inheritance of an apartment. We will try to immediately answer several questions that you might have.
What documents are required to inherit an apartment?
To inherit an apartment. more precisely, to open an inheritance case in which the estate includes an apartment, you need to provide:
Let's take a closer look at each of the points.
Title documents for the apartment.
Title documents for an apartment may include:
- Transfer agreement
- home ownership certificate
- Contract of sale
- Barter agreement
- Rent agreement
- Certificate of right to inheritance
- certificate of state registration of rights.
- BTI certificate on the assessment of the apartment (this is a form similar to form No. 11A) on the day of death of the testator. with a note about the absence/presence of arrests and prohibitions. An example of a BTI certificate about the assessment of an apartment.
- Conclusion (certificate) of a specialist appraiser on the market value of the apartment on the day of death of the testator. In addition to this certificate, you must provide documents confirming the membership of a specialist appraiser in a self-regulatory organization of appraisers. You must provide the originals of these documents.
- Extract from the Unified State Register
- A certificate of the contents of title documents or a notice of refusal to provide information.
- cadastral passport
- explication of the apartment
- certificate of book value of real estate.
- certificate of value of inherited property
- documents establishing the existence of a marriage or family relationship between the heir and the testator
- a certificate from the tax authorities confirming that there are no debts on the apartment.
- The deceased is removed from registration in the residential premises. The application and death certificate are submitted to the authority that is authorized to carry out registration. It is mandatory to take a certificate confirming the last place of residence and an extract on the deregistration of the deceased.
- Within 6 months, ensure that the application is submitted to a notary who is already handling the inheritance case.
- Collection of the required package of documents. They can be purchased before completing the application, having first received information from the lawyer about the complete list of papers.
- Obtaining a certificate of inheritance. In this case, you will need to pay the state fee in the established amount, as well as all notary services.
- Registration of ownership rights to the apartment. In the case of entry into rights due to a decision of the judicial authorities, this stage is not considered mandatory.
All these documents must be submitted in original and a notarized copy of each document
BTI Help.
To open an inheritance case, you can provide one of the following certificates:
Information about registered rights to the apartment.
These documents may include:
As in all previously mentioned cases, we require original documents.
Certificate of absence of property tax debt.
To open an inheritance case, you also need to obtain a certificate from the tax office confirming the absence of property tax debts (for property transferred to the testator by inheritance or gift).
Approximate calculation of the cost of registering an apartment as an inheritance.
You can find out the calculation of the cost of opening an inheritance case in the section Calculation of the cost of opening an inheritance case.
Algorithm for registering an inheritance for an apartment
The procedure for registering an inheritance is considered a rather complex notarial process with many nuances.
Each item is strictly regulated by legal provisions. In accordance with regulations, the opening of an inheritance case is carried out by employees of special government agencies located at the place of residence of the deceased or at the location of his property.
Upon receiving an application from an heir, the notary first establishes a list of all applicants, protecting their rights and interests. In addition, it ensures that the procedure complies with established standards. The specialist also conducts the case until the final result, providing the necessary consulting assistance to the heir.
So, the procedure for entering into an inheritance is regulated by the provisions of the Civil and Tax Codes of the Russian Federation. Therefore, interested parties are advised to study the current information of the law in order to form an adequate understanding of the process of acquiring property, taking into account the need to perform certain actions.
What is important to remember
Registration of inheritance for an apartment is one of the most common processes in the practice of acquiring rights to property. There are many small nuances of the procedure, taking into account which can be key in forming a positive decision. Therefore, each applicant must initially study the legislative aspects in this area.
First of all, upon the death of the testator, the heir must make sure that he has the right to acquire the property of the deceased. Only then does he have the right to further undergo the procedure.
In particular, it is important to consider timing. during which you can enter into inheritance rights. In case of non-compliance with them, the applicant loses the opportunity to receive property in the future. Only in rare situations is it possible to restore the time frame.
You also need to know what documents are needed, since collecting them is one of the most significant stages in the procedure for registering rights. The exact list is established by the notary.
And the most important thing is to ensure that the legal side of the issue complies with all norms of the law. This is extremely necessary, since an inherited apartment often becomes a factor in the emergence of disputes and conflicts between relatives, which are resolved during legal proceedings.
Where to go
So, for a more precise understanding of where to go to register an inheritance for an apartment, it is worth examining this point in more detail. In accordance with the law, the place of acceptance of the inheritance is the last place of residence of the deceased or the place where the apartment itself is located.
To understand which notary you need to apply to, you can contact any public notary office. There, the applicant can receive all the necessary information about the location of the lawyer who has the right to carry out the registration procedure.
Having determined it, the heir must visit the specified notary office and contact a specialist authorized to conduct affairs of this nature. All further information can be obtained from him.
How to register an inheritance for an apartment
Preparation of documents
So, after establishing the existence of a right to inherited property, the applicant must begin collecting a package of mandatory documentation.
First of all, these are the title documents for the apartment:
Certificate of ownership of premises or agreement on transfer of rights to residential premises
If they are lost, an extract from the unified state register of real estate rights is requested.
Contract of sale, gift or exchange
It is considered necessary if the building was erected after 1996, and the apartment was then sold, donated or exchanged.
Certificate of ownership and certificate from the housing cooperative about the paid share
It is mandatory if the property was owned by a housing cooperative and a share was paid on it.
It is also necessary to provide documents from the Technical Inventory Bureau:
In addition, the notary will need to submit the following documents:
Taking into account specific circumstances, a specialist may require additional information, so to clarify the composition of the package you will need to contact a lawyer
Property valuation
Registration of an inheritance for an apartment presupposes the presence of a mandatory procedure that allows you to answer how much the apartment is worth.
This indicator is considered significant, since it determines the state duty and the shares of other applicants. To obtain such information, you can request a certificate from the Technical Inventory Bureau.
Another and most recommended option is that the assessment can be carried out in a special expert institution. Specialists will conduct a full analysis of the market situation and the condition of the apartment, taking into account many factors.
For example, the characteristics of distance from the metro, layout, number of floors, availability of repairs are used - they all affect the final result. However, the price tag for services from such companies can be quite significant, so you should prepare for the costs in advance.
Moreover, it is worth considering that the value is determined on the date of opening of the inheritance, that is, after the death of the testator.
Entry into rights
Entry into inheritance rights to an apartment can only be carried out with strict compliance with all stages of the procedure, among which the following processes stand out:
How to enter into an inheritance without a will? — You need to apply to a notary.
A sample power of attorney for inheritance can be found here.
After this, the heir receives the property as his full ownership and can dispose of it as he sees fit.
Payment of state duty
Until 2006, an heir had to pay a tax to acquire rights to property. which often amounted to about 60-80% of the value of the inheritance. Obviously, this practice did not greatly predispose people to pay the fees - they sought to avoid paying the tax in every possible way.
In this regard, this system was abolished. The new regime has become more lenient towards inheritance recipients.
In particular, the applicant must pay only one payment - the state fee. Its amount depends on the degree of relationship with the testator and the value of the property. If the heir is a member of the first or second priority by law, then the fee is equal to 0.3% of the property price, with a maximum value of 100 thousand rubles.
For all other persons, a slightly larger amount is 0.6%, but not more than 1 million rubles.
other expenses
In addition to the state duty, the heir must pay other payments, the list of which depends on the particular circumstances of the transaction:
For initiating and conducting inheritance proceedings
The notary will take the amount in accordance with the points of the special price list.
The exact amount is determined by the location of the office.
For receiving a grade
Obviously, a certificate from the BTI costs less than a conclusion from an expert assessment bureau. Therefore, costs are clarified on the spot.
For an extract from the state register of rights to real estate
In this case, you need to pay Companies House.
For obtaining a certificate of ownership of an apartment
In such a situation, the amount of payment is established by Rosreestr.
It is worth noting that there are preferential categories of citizens who may be partially or completely exempt from paying state fees and notary services
What are the deadlines?
In accordance with the provisions of the Civil Code of the Russian Federation, the heir is given 6 months to submit an application to the notary's office to obtain the right to the inherited property by law or by will.
If deadlines are missed, it is extremely difficult to restore them. The applicant will need to submit a statement of claim to the court for proceedings. Moreover, this may be appropriate only when the citizen has sufficient grounds to obtain a positive decision.
The list of valid reasons is not established by regulations, so they are determined by the judge along the way. It is also worth noting that if the heir renounces the property, then the next person who has the rights to it is given only 3 months.
Therefore, it is important to understand that compliance with deadlines is mandatory, since violation of the time frame makes it impossible to obtain the property of the deceased.
General procedure
The general procedure for the heir’s actions after establishing the fact of opening an inheritance is as follows:
- Visit a notary to determine the existence of rights to property and establish a list of documents.
- Collect a package of documentation.
- Submit it along with your application.
- Wait for the information to be reviewed by a notary.
- Pay the state fee and specialist services.
- Obtain a certificate of inheritance.
- Register your rights at the Rosreestr branch.
Obviously, if there are any nuances in the form of several applicants or persons with an obligatory share, the procedure will be slightly different, but these points should be discussed after identifying the fact directly with your notary.
Possible difficulties and help
It is worth considering that when registering ownership of an apartment, some difficulties may arise. First of all, it is worth considering the testator's mistake.
In legislation there is such a thing as a “mandatory share” for certain categories of persons:
The testator may not indicate them in his will, which somewhat burdens the registration procedure. The fact is that these citizens will in any case receive the due portion, even if the testator deprived them of the right to inherit.
If we consider the acquisition of property by law, then the heir is often considered to be a priority person in this case if he lived together with the deceased or looked after him and the apartment.
Yes, such an heir has an advantage - he has the opportunity to buy a part of each of the applicants. But their shares are no different - they correspond to each other.
Problems can also arise if the testator’s documents were completed incorrectly or were completely lost. In this case, you will have to submit requests to numerous authorities or directly to the court.
It is worth considering that even after the heir has taken ownership, other claimants may appear with claims to the property.
Therefore, it is worth actively using the services of legal specialists. In particular, in almost any case the applicant will need advice on some issue. Such knowledge can play a key role in the future, as it helps to avoid troubles with the law.
An inheritance without a will is formalized according to the rules established in the Civil Code of the Russian Federation.
The basics of inheritance litigation are described here.
From here you can learn more about the marital share of inheritance according to the law.
Real estate Collection of documents for inheritance
Collection of documents for inheritance
Collecting documents for inheritance is a qualified service provided by our specialists. Inheritance law is a set of legal norms and principles governing the transfer of property. To enter into an inheritance in the Moscow region or the city of Moscow, the heir or heirs, by law or by will, contact a notary office to enter into their rights. The notary is located at the last place of residence of the testator.
Necessary documents for registration of inheritance
Primary (approximate) list of documents for entering into inheritance from a notary:
After opening an inheritance case, the notary issues written requests to the competent authorities for the collection of documents for the inherited property. For objects involved in the inheritance case, requests for collecting documents are usually different. Depends on the original documents that were provided to the notary. There are cases when entering into an inheritance is possible only through the court. Old archival information, originals and copies of old documents may be required.
When all the documents for entering into an inheritance have been collected, according to the cadastral passports of real estate objects, which indicate the cadastral value of an apartment, land plot, residential building and other real estate objects, the notary calculates the tariff for paying the notary fee for entering into an inheritance. After six months, from the moment of opening of the inheritance, the notary, having collected all the documents, issues a certificate of ownership by law or by will.
The certificate, after being issued by a notary, is registered with the Office of the Federal Service for State Registration, Cadastre and Cartography.
Collection of documents for inheritance is an individual legal service for each inherited object, requiring certain experience. Primarily, our services include free consultation and legal review of your documents. We offer affordable and high-quality services for collecting documents for inheritance in the Moscow region and in the city of Moscow.
Certificate from BTI
Technical Inventory Bureau is an institution that is designed to maintain technical records of all real estate objects. The BTI certificate is issued on the basis of available information and is often necessary for owners of real estate who intend to enter into any transaction with a real estate property. In accordance with government regulations, an inventory must be taken at least once every five years for an apartment, other residential or non-residential premises, building, or other real estate property. Moreover, all changes that have occurred during this time must contain not only a technical, but also a cadastral passport and plan. But in practice, there are no penalties for missing a deadline, so many owners deal with this issue only when necessary.
And this need usually appears in the form of transactions:
At the same time, the certificate can be obtained directly by the owners of real estate (houses, apartments, etc.), no matter how many there are, recipients of inheritance, proxies and authorized employees of government bodies upon an official request.
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Types of document
An extract from the Bureau of Technical Inventory, which is in greatest demand, includes a floor plan of the building, technical characteristics of an apartment, house, explanations of the architectural project (explication). Each form of such a certificate is necessary for redevelopment and legal actions. In addition, the Bureau of Technical Inventory is often contacted when it is necessary to evaluate an apartment. buildings, other real estate. This is especially important when selling, exchanging, receiving an inheritance, or donating. Due to current Russian legislation, the resulting estimate will not be the actual cost, since only the total area will be taken into account.
Type and form of document
In addition, a certificate from the BTI often needs to be obtained when concluding an equity participation agreement with a developer in order to confirm the address of the location of the acquired property.
How to get a?
Obtaining the necessary document from the Bureau of Technical Inventory, which issues it, is not so difficult. To do this, it is advisable to know the required documents in advance:
Since the necessary papers are issued by the BTI, in order to receive them it is necessary to submit a list of the above documents and an application to this organization. The statement must indicate the purpose, i.e. why do you need a certificate? It is worth noting that the responsible employee will check the date of issue of technical documents, cadastral passport, plan. If the documents were received more than five years ago, you will first have to issue new ones, and this will take some time.
In some cases, additional papers may be required, especially in case of conflicts in obtaining an inheritance, violations during redevelopment and other situations.
Validity
The validity period for the certificate issued by the Bureau of Technical Control is not always the same. Therefore, when wondering how long it is relevant, it is important to first determine what it is for. The timing depends on the intended purpose. For example, for the redevelopment of a residential apartment, the validity period of the certificate received will be from one to five years. In this case, the owner will need to issue a new technical passport and plan. cadastral passport and plan, if they were issued more than five years ago.
An ordinary statement is valid for no more than one year. It displays information from the technical passport (at the same time, the cadastral passport still plays a big role): total area, floor plan, date of putting the property into operation (for buildings), what materials were used.
Information regarding the cost will be valid for one month, and is most relevant when registering an inheritance with a notary. It should not be forgotten that this assessment will differ from the market value, since the cadastral calculation is carried out differently.
And an even shorter validity period for certificates, the form of which is aimed at equipping attics for residential premises. Such a document can only be obtained with validity for ten days.
The information in this article is provided for informational purposes only. We recommend that you contact our lawyer for a free consultation.
Certificates from the technical inventory bureau: when and why are they needed?
The meaning of certificates from the BTI
Registration of a real estate transaction, including obtaining the right of inheritance, is usually accompanied by the need to provide a certificate from the technical inventory bureau.
BTI certificates (for example, a BTI certificate on the condition of a building) are issued for a fee, which is usually made through Sberbank of the Russian Federation. The certificate takes a long time to complete and may have different costs depending on the type. Typically, floor plans are available in bureau databases, and for explication, employees directly measure the building. Despite the paperwork, in order to speed up the process of obtaining documents, BTIs have electronic databases, so the only obstacle to obtaining documents can be, in most cases, queues. Obtaining these documents is a very important point, since, depending on the type of housing and its area, square footage per person, some utilities and other indicators are calculated based on the relevant documents. When registering ownership of real estate in the contract, the cost of housing cannot be indicated less than in the BTI certificate.
There are cases when, in order to complete a real estate purchase and sale transaction, the participants in the transaction turn to the BTI inspector with a request to certify with a certificate that the parties have the same object in mind. This looks unusual, but is due to the fact that over the long history of the existence of a settlement, a house could have several addresses. For example, since the middle of the last century, on the basis of a warrant, a citizen owned a house and lived in it on one street, and today, according to the mark in the passport, he lives on another street. In Moscow, for example, there are houses that have changed addresses up to six times over the last century. Thus, house 6, building 1 on Tverskaya Street had the address and Gorky Street, building 6/1, building 1, and Kamergersky Lane, building 1, building 1, and Tverskaya Street, building 6, and Tverskaya Street, building 6, building 1 A list of such alternative addresses is located in the address registry service of the MosgorBTI. Changing addresses can lead to funny stories for residents. There is a story about an officer who left for service from Podolsk Cadets Street, and returned from service to Red Lighthouse Street. The officer and his wife today live in the same apartment, but, according to the stamp in their passport, they are registered at different addresses.
Definition of the concept of a certificate from the BTI
Certificates from the BTI are a generally accepted concept, but they do not seem entirely correct today. It does not define the current document flow, but refers to previously existing expressions. This is due to reforms in the field of land use and state real estate accounting. We are talking about the emergence of a cadastral system for recording real estate and unfinished construction. In the form of the Cadastral Chamber, which is part of the Rosreestr system, there is a cadastral register of real estate. The main significance of the register is the reflection of the entries made to it regarding the condition of real estate and unfinished construction objects during their changes. The main entry in the register is the initial accounting of the object, carried out on the basis of special documents: boundary (for land) or technical (for buildings) plan. The serial number of the entry is the number of the cadastral passport issued after entering the necessary information into the register. This document becomes the main one for registering ownership of real estate after the title documents. Then, on the basis of newly submitted documents, records can be made about changes in the property or its destruction. The technical or boundary plan is allowed to be carried out exclusively by cadastral engineers. The law does not contain the concept of “BTI”. Accordingly, “BTI certificates” became a thing of the past with the entry into force of new legislation, but out of habit, the concept is widely used among ordinary citizens. Until 2014, BTI organizations are allowed to conduct cadastral activities: in order not to completely stop the activities of the bureau, the law granted it the status of cadastral engineers until 2014. Before this date, each BTI must introduce two positions of cadastral engineers into the staffing table. Otherwise, they will not be able to engage in such activities.
Thus, according to the law, since 2013 the role of the bureau in registering transactions has decreased. Now specialists of the Cadastral Chamber carry out accounting of real estate and unfinished construction projects, making the appropriate entry in the real estate register on the basis of the documents submitted by the applicant: an application and a technical plan.
Common requests to BTI
Most often, people contact the bureau to obtain the following information: a floor plan of the building and an explication of the premises. These documents are equally mandatory both for registering real estate transactions and for approving redevelopment. Also of interest is a BTI certificate on the condition of the building and the assessment of the value of the property. Such BTI certificates are necessary for transactions involving the alienation of ownership of real estate, entry into inheritance rights, and when executing real estate donation agreements.
The cost of real estate in accordance with these documents does not actually reflect the real cost of housing on the market, since it is formed only from the footage of the property, the location of the property, its rooms, condition (repair, decoration, condition of communications), proximity of the house to bus stops is not taken into account public transport, views from windows, historical value of the building and other pricing factors. Conducting transactions related to the assignment of property rights requires obtaining a certificate confirming the address of the property. This is explained by the frequent renaming of streets in populated areas. Most often people contact BTI to order:
This is not a complete list of documents, the preparation of which is carried out by the BTI. The accuracy of information regarding real estate is strictly monitored, therefore all possible redevelopment without the necessary approvals is punishable by fines.
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Sources: www.crnd.ru, calculator-ipoteki.ru, regzem.ru, pravonedv.ru, 1nasledstvo.ru
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What documents does BTI issue?
The BTI issues a certificate indicating the inventory value of the property and its plan, which is confirmed by an explication. If a share or plot is registered in the cadastral register, then usually the documents required when inheriting a share of land include only the cadastral value. The assessment is carried out with the aim that the heir has the right to alienate – sale, exchange and other manipulations with the apartment, and the assessment is also needed to register ownership.
Please note that a notary may offer to indicate the market or cadastral value of the apartment in certificates - registration and state fees will cost several times more.
What specific papers are issued by the technical inventory bureau?
The Technical Inventory Bureau issues a document that indicates the value of the property, as well as its plan, confirmed at an explicit level. In the case when a plot of land or share is officially registered in the cadastral register, the documents that are needed for their inheritance include exclusively the cadastral value. An inventory valuation of real estate is necessary so that the heir can officially take ownership and receive a wide range of opportunities for manipulating the property (sale, rent, exchange, and so on).
Note that in some cases, a notary may invite his client to indicate the market or cadastral value in the certificates themselves, but in this case their official registration will cost many times more due to the need to pay state fees.
Certificates from the BTI and redevelopment
Sometimes the BTI refuses to assess such property to the testator for the reason that it has undergone redevelopment. To obtain rights to real estate, you will have to study the technical passport. If it was done after the redevelopment, it means that it has already been legalized, physical changes have been made to the apartment plan, and the BTI does not have the right to refuse to issue certificates to the testator.
If the redevelopment is unauthorized and is not reflected in the technical passport, the process may be delayed. Firstly, you need to order a new technical and cadastral passport. Secondly, if the redevelopment threatens the integrity of the building, it will not be possible to obtain new passports - everything will have to be returned to its previous form.
Redevelopment with the transfer of interior partitions may well be legalized - a new passport and an extract from the technical passport are issued stating that changes have been made, the redevelopment was carried out without a design, and the external boundaries of the building have not been changed. Redevelopment with the transfer of external boundaries and load-bearing structural elements cannot be legalized, and accordingly, the BTI will refuse to issue a new passport.
What documents are needed to obtain a certificate?
To begin the inheritance process, you need to have the following documents on hand:
In certain cases, the BTI may refuse to evaluate real estate due to the fact that redevelopment has been carried out there. To obtain ownership rights to real estate, you need to study its technical passport. If this document was issued after the redevelopment was completed, this means that the repair work was officially legalized, and all changes were made to the new housing scheme. In this case, the technical inventory bureau does not have the right to refuse the heir to issue a certificate.
Independent expert services
On average, a certificate from the BTI for registration of an inheritance costs from several hundred rubles. However, in practice, you have to pay amounts different from state duties. The faster documents are required, the more you need to pay. Sometimes heirs try to pay more in order to obtain a certificate in spite of illegal redevelopment, but in this case problems are possible at the stage of registering rights to all property.
To complete the documentation, you can contact an independent appraiser. He will work quickly, but you will have to pay for it: both for visiting the site and for preparing the assessment. In addition, a private appraiser will not undertake the preparation of documents for illegal redevelopment.
How not to miss an inheritance
Some heirs, confused about the time periods allotted for entering into an inheritance, are afraid that they will miss the opportunity to receive what was bequeathed. In fact, there really is such a possibility.
In order not to miss the opportunity to gain rights, you must:
- Contact a notary within the first six months after the death of the testator.
- After six months, the heirs can take over their rights if the documents are already ready.
- If the heir did not manage to declare his rights in the first six months, they can only be restored through the court, and for this there will be good reasons. For example, if the heir was seriously ill, was absent from the country, or could not declare his rights for other reasons, which he can document.
Contacting a notary
Having collected the necessary documents, you should contact a notary. If the applicant for housing was permanently registered with the deceased and there are no others registered, you can safely live in the apartment and apply for longer than established.
If there is no permanent registration, you need to contact a notary. He will establish the presence of other applicants, the composition of the inheritance and the grounds for receiving it. A certificate that the applicant has rights to inherit is issued no later than six months from the date of death of the heir or from the date of the court decision that he is declared dead.
If these deadlines are missed, legal action must be taken. There, the application is considered for five working days and a decision is made on whether to open the case again or not. The decision will be implemented in ten days.
The course of the trial may be affected by the grounds for deprivation of inheritance, lack of privatization documents, loans and arrests on housing, and the presence of other applicants.
The applicant is deprived of the right to inherit if:
- attempts or committed illegal actions against other heirs;
- failure to fulfill the last will of the deceased as specified in the will.
If there is no will, deprivation of the right of inheritance is possible under the first point.