Registration of inheritance for an apartment in 2021

When registering an inheritance for an apartment, a number of features that this procedure has are taken into account. We are talking about inheritance of real estate, which presupposes the application of relevant laws. Before registering ownership of an apartment after inheritance, it is necessary to fully understand the specifics of the procedure, starting from the moment of registration of the will. And if the testator did not leave posthumous orders, the order established by law is taken into account, which also needs to be remembered.

Registration of an apartment as an inheritance: what do legal successors need to know?

Property is transferred based on the following options:

Appointment of a legal successor by testamentary procedure.
Inheritance by law in accordance with family ties.

In addition to how to register an inheritance for an apartment, you need to know whether the heir has the right to accept it. There are a number of conditions that allow you to challenge a will. In any case, in order to take possession, you will need to re-register the received housing in your name. And for this, a corresponding mark is placed in Rosreestr. Without this, real estate is impossible:

leave in use;
sell;
give;
exchange;
pass on to descendants.

Registration of ownership of an apartment by inheritance is paid. A state tax of 0.3% is charged for close relatives and 0.6% for other individuals. To register ownership of an apartment by inheritance, you must first submit an application to a notary office or to the court. It is supported by evidence that indicates the existence of rights of claim to the property of the deceased. The list of documentation depends on the method of inheritance.

What to do if more than 6 months have passed

Quite often, heirs do not have time to submit documents on acceptance of property.

Main reasons:

the testator did not have time to transfer the will to the heir or the document was hidden by the relatives of the deceased citizen;
lack of direct contact between relatives (the heirs did not know about the death of the testator);
long-term illness of the heir, undergoing treatment in a specialized clinic;
serving time in prison;
actual acceptance of ownership;
foreign business trip;
ignorance of legislation.

The actions of the heir depend on the reason for missing the deadline for accepting the property. If the applicant did not know about the death of a relative, was ill or was on a business trip, then he needs to go to court to restore the deadlines.

Hearing Options:

As part of special proceedings. Applies when a claim is included in the statement of claim only for the restoration of deadlines. After receiving a positive court decision, the heir will have to contact a notary after the court decision is made.
By way of claim proceedings. This option is used when there is a dispute between heirs. The statement raises the question of restoring the deadlines for accepting an inheritance and recognizing the right of ownership of property. If the court has recognized the right of ownership of the inheritance, then the plaintiff does not need to contact a notary. It is enough to register ownership in Rosreestr. Papers can also be submitted through the territorial branch of the MFC.

In case of actual acceptance of the property, a relative of the testator can contact the notary at any time. There are no time limits provided by law.

However, the applicant must justify the actual entry into the inheritance. Otherwise, the notary will refuse to issue the certificate.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If there is a written refusal, the successor may go to court. The application raises the question of recognition of ownership of the actually accepted property. If the court satisfies the claims, then the heir will have to register ownership in Rosreestr.

Another way to solve the problem is the written consent of the heirs to include an additional participant in their composition.

Actions of a notary with the consent of other heirs to change the composition of recipients:

cancels previously issued documents;
recalculate ownership shares;
issues new certificates.

Important! The legal successors will have to re-register ownership (Article 1155 of the Civil Code of the Russian Federation).

Acceptance of an apartment as an inheritance by law

The assignee must bring to the notary a statement indicating that he is an applicant included in one of the eight lines of inheritance. The first one has priority. If there is no representative, and this could be a son, daughter, mother, father, spouse, then the inheritance is transferred to the second stage. Then the third one comes into play, and so on. to the seventh. The share of the apartment is allocated to obligatory heirs.

When registering an inheritance for real estate, it is taken into account that it is impossible to divide the apartment in kind. Equal shares are assigned. Anyone who wants to keep their home completely receives the cash equivalent of their competitors' shares. But this is not the only thing you need to know in order to calculate all the options. Mandatory heirs are:

Young, minor children. This refers to legitimate children when paternity (maternity) is proven. Also, the apartment is inherited by adopted children after adoption.
Disabled parents. As a rule, these are pensioners who are unable to continue working due to old age and lack of health. For registration you will need a pension certificate and a certificate from the Pension Fund.
Dependents who are supported by the testator for at least a year before his death. These are disabled people of the first or second group who do not have a job. This is how the state takes care of citizens in need of social protection.

A lawyer can best tell you how to properly register an inheritance if it is a share in an apartment. The main thing is to understand that each of the listed subjects is in the eighth line of inheritance. When redistributing parts of the inheritance, the obligatory share is equal to that which would have been assigned if the applicant had been the primary legal successor.

First priority assignees

This category includes citizens who have a close blood connection with the deceased. Children inherit the apartment without fail if they are under 18 years of age. In this case, until adulthood, the property is managed by a guardian. Often this is a living spouse. But it is they who must inherit the apartment. They are not given the right to sell, gift, exchange or inherit.

In addition to the child, parents, who are also the first-priority successors, can obtain a certificate of inheritance. Proof of the legality of the claims is the passport and birth certificate of the testator. Adoption is regarded by law in the same way as motherhood and paternity. The stepfather and stepmother are the legal heirs of the first stage, which allows them to enjoy privileges when receiving a share in the apartment.

The wife or husband can register ownership rights. We are talking about legal marriage. At the time of the death of the testator, the bond should not be dissolved. The so-called civil marriage does not provide grounds for the claim. But the presence of a joint child allows you to enjoy inheritance rights, even if for the deceased it is a stepson or stepdaughter. The presence of a marriage contract may imply special conditions that do not allow the apartment to be re-registered, which must be taken into account when contacting a notary.

The first steps of the legal successors

As soon as the life of the apartment owner is cut short, applicants for the property write a statement that must be brought to the notary. Contact the office at the place of residence of the testator. Based on the document, an inheritance case is opened. The legislation allows six months to determine the full circle of persons entitled to claim real estate. The claim is accepted by the court if the notary office refuses to accept the appeal.

In any case, a document confirming the emergence of inheritance rights is provided. But there is a procedure that allows you not to apply to notaries and courts. When actually joining, the fundamental factor is registration under a certificate of the right to inheritance, which is issued by regional, municipal, and district self-government bodies. Prove that you lived in the registered living space, paid rent for the apartment, and maintained its condition during the life of the testator.

After the allotted six months, a certificate is issued giving grounds for re-registration of the apartment. Contact Rosreestr to have its employees make the appropriate notes. In this case, the registering person must pay the state fee and attach the receipt to the application. All provided documentation has legal force. Only in this way is it a sufficient basis for entering into an inheritance and re-registering the apartment as a property.

Paperwork

The transfer of ownership of an apartment by inheritance is carried out on the basis of documentary evidence of the legitimacy of the claims. A number of securities have a limited validity period. Lost documentation will have to be restored. It is important that:

The text contained comprehensive information without discrepancies or errors.
There were signatures of authorized persons and seals of authorities.
Official forms had degrees of protection if the paper required it.

Dates are compared. Part of the documentation package dates back to the owner’s lifetime, other papers are issued after death. The absence of one of the required attributes makes the document void. Even a certificate of the right to inheritance is disputed if there is reason to believe that it was issued in violation of the current legislation, infringes on the interests of the legal heirs, and does not correspond to the rights of the now deceased.

Contacting a notary to open an inheritance case

Registration of an apartment is carried out based on the results of the inheritance case. Only if the grounds are undeniable can it be re-registered in your name. Registration of an inheritance for an apartment begins with the opening of an inheritance case. The importance of the date is that 6 months are allotted for submitting all necessary documents, after which you can receive a certificate of ownership. And the moment of initiation of the case is determined by the date:

death of the owner of the apartment indicated on the death certificate;
issuing a judicial act declaring the subject dead;
specified in the judicial act recognizing the fact of death.

In order for the notary to accept the application, you need to bring papers proving the existence of family ties and an official appeal. The state duty is paid, and the receipt is attached to the papers.

Registration of ownership

The procedure involves contacting Rosreestr. Without this, the apartment cannot be disposed of at your own discretion, since a property right does not arise. This means that without registration, real estate cannot be sold, donated, exchanged, bequeathed, or inherited by law. Those who join write the appropriate application, pay the fee, attach the necessary documents and apply to the district registration authorities.

After 10 days required to verify the information provided, the property is registered under the new owner. Registration of ownership ends on the day the corresponding mark is entered in the register, which indicates a change of owner. The owner is considered to be the successor who has received a notarized certificate based on the results of the inheritance case.

Options for inheriting real estate

Inheritance of an apartment, as well as other property, can be carried out in two options; in fact, the procedure for preparing documents directly depends on the option of inheritance:

• by will

. The heirs may not have the document, however, the will must be registered in a special register;

• in law

.
If the deceased did not leave a will during his lifetime, in this case all his property is distributed among relatives (with the allocation of a mandatory share)
or persons who have the right to claim the inheritance
(according to priority)
.

The official date when the inheritance is opened is the day, month and year of the person’s death, recorded in the corresponding certificate. If a person is declared dead, a death certificate is issued and the period of time during which the heirs have legal grounds to claim their rights to the inheritance begins from the date indicated in this document.

Inheritance of an apartment by will

In general terms, the procedure is similar, with the exception of a key point. When determining the circle of persons, before registering the rights of an heir, notary employees check whether a will has been drawn up. This is a declaration of will, drawn up during life, which contains orders regarding property in the event of sudden death. The document has priority because it expresses the personal wishes of the testator. And within the framework of legislation, the protection of freedoms is the main task.

Many people ask about how to inherit an apartment to obligatory successors. Submit your application to a notary. If he refused to accept it, then file a lawsuit. It is necessary to register ownership of an apartment under any circumstances. Cases that deserve special consideration are:

The heir died before registering ownership of the apartment. The inherited estate is transferred to his relatives regardless of the number of subjects indicated in the expression of will.
The successor refused without appointing anyone. This is also possible if it is ignored. The result is a redistribution of the due share in equal parts among the receiving persons within the framework of the expression of will.
The assignee assigned the property to a specific citizen. The distribution process is carried out in accordance with the expression of will and the conditions of refusal. The exception to the above is sub-appointment.
The testator provided for such situations and included in the text a sub-designated successor, who becomes an heir if situations conducive to this arise. Then the designated person becomes the owner of the apartment after registration of the inheritance.

In any case, the determining factor in registering ownership rights is the voluntary desire to obtain an apartment, re-register the inheritance, and become its owner. A written expression of will is required.

How to make a will? Basic moments

Any capable person can make a will for an apartment, and this must be done in person - the law does not provide for writing such an important document by power of attorney.

In a will, you can not only indicate heirs, the testator has the opportunity to divide the shares of the property between them as he considers correct. By the way, if this moment is missed, then it will be recognized that the property is inherited in equal shares.

The will is certified by a notary, and from that moment the document acquires legal force. In some situations, a will is drawn up without a notary (when it is not physically possible to do this, for example, when there is a threat to the life of the testator)

and can even be orally
(in front of witnesses)
.
However, such a will is valid only for a month
.

The format of a will can be either open or closed. In the latter case, the specialist certifying and registering the document has no idea about its contents.

Registration of inheritance through a representative

The legislation on the right to inheritance by law and will states that the expression of will cannot be formalized without personal participation. But it is possible to inherit an apartment. To do this, a power of attorney is signed, under the terms of which the person is endowed with a number of powers and the right to sign.

This must be done before registering an official appeal to the notary. It is better if a lawyer becomes a trustee. Then the process of registering an inheritance for an apartment will take place without repeated requests. If the case goes to court, a lawyer is the only effective means of achieving a fair judicial decision. True, the services are paid, which must be taken into account when calculating the feasibility of registering an apartment as a property. Lawyer services include:

Initial consultation on key fundamental issues (free).
Identification of possible competitors in the race for inheritance (apartment).
Collecting information about the inheritance, determining whether there are debts that will have to be accepted along with the apartment.
Clarification of what documents are needed for this, as well as their legal monitoring for compliance with current legislation.
Submitting an application and receiving a certificate of inheritance (in full or within the due share).
Representation in communications with notaries and courts. If necessary, personal participation in the debate.
Sending official requests to government services, which are not obliged to provide information to ordinary people, but cannot refuse a lawyer.
Formation of an evidence base according to the list of mandatory documents required when registering an inheritance.
Collection of documents for registration of the rights of the owner of the apartment. This is a special process that requires justifying the legality of the original acquisition.

Everything that is necessary to register ownership in order to use an apartment inherited will be done by a lawyer. And this guarantees the impossibility of subsequent challenges by competitors in the inheritance procedure.

Why do you need an apartment appraisal?

To register the inherited property as a property, it will need to be appraised. This rule applies to expensive objects: real estate, vehicles, etc. the need for the operation is dictated by two reasons:

Based on the value of the inherited property, the amount of the fee paid in favor of the notary is calculated.
When registering property rights in Rosreestr, a conclusion on the value of the object is also required.

The examination can be carried out by a BTI specialist or an appraiser from the SRO. The heir himself decides who to contact. At the end, the specialist will present an expert opinion. You can avoid assessment if the testator himself became the owner of the property shortly before his death. In this case, you can use information from title documents (for example, from a purchase and sale agreement drawn up by the testator) to determine the cost.

It is not prohibited to use cadastral or inventory values. But it is better to start from such indicators if they do not differ significantly in the direction of increase from the market value.

Documents required for inheritance

The main document indicating the formation of prerequisites indicating the possibility of registering ownership of an apartment is a death certificate. This is the paper that must be attached to the application in order to officially contact the notary. To justify the transfer of ownership of an apartment by inheritance, you must have:

Identification. In this case, a civil passport.
Birth and marriage (divorce) certificate.
Receipt for payment of state duty according to the tariff.
A will, if one was drawn up, and a copy was found.
Documents on the method of acquiring inherited property.
Other papers depending on the circumstances of entry.

When registering real estate, a receipt for depositing funds into the Rosreestr account is provided. What matters are the validity periods, which are limited for some categories of substantive documentation. And even an expired passport is considered invalid, which becomes a reason for refusing to accept an application for acceptance of real estate by inheritance, which is also subject to a number of requirements.

Sample application for inheriting an apartment

With its help, you can easily write a request. Keep in mind that each case is individual and using the example as a unified form will not work. It is better to entrust the registration of inheritance to a lawyer. If you have to act on your own, remember that the absence of required attributes makes the document invalid, which interferes with the registration of the inheritance. The text requires:

Date of application and signature of the applicant.
The city where the event takes place.
Full details of the recipient authority.
Personal information of the person applying.
Identifying information about the apartment.
Cost of inheritance (in full and by item).
Grounds for transfer of ownership.

It is necessary to consider whether it is necessary for the text to include family ties with the testator. This is necessary if the inheritance is formalized by law. If there is a will, this requirement loses its objectivity.

Sample application for inheritance

Size: 36 KB

Taxing

As such, the tax on property registered as an inheritance has not been paid since 2021. Now the heirs will only be required to pay a fee. Its amount is significantly less than the tax that was paid previously:

if close relatives act as heirs, they will need to contribute 0.3% of the value of the entire inheritance. The resulting amount should not exceed 100 thousand rubles;
if the inheritance is received by will, and it goes to persons who do not have family ties with the testator, the amount of the duty increases to 0.6% of the value of the inheritance. The maximum amount should not be more than 1 million rubles.

An exception to this rule applies to monetary rewards for inventions, scientific and literary works transferred as an inheritance. In this case, a tax of 13% of the total amount is paid.

If the inheritance is distributed among several heirs at once, the amount of state duty will be divided between them in accordance with the size of the shares received in the inheritance mass.

Registration of ownership of an apartment after inheritance

Re-registration consists of the procedure of making a mark in the register of real estate objects. The correct procedure for registering an apartment ends with the issuance of a certificate of owner. The inheritance case is conducted within six months after the opening of the inheritance. Notarial entry involves receiving a document on the basis of which Rosreestr will do everything necessary, but for this you will have to pay a state fee. There are several ways to re-register an apartment by inheritance.

Where can I apply?

There are three authorities that accept applications for inheritance:

Notarial office . The method is used in standard situations.
District Court . Used when there are controversial issues or when missed deadlines need to be restored.
Local municipality . Allows you to re-arrange the actual inheritance.

In order for property rights to an apartment to arise, it is necessary to re-register the living space received by inheritance. Only then can we talk about official acceptance of the property.

At the registration chamber

The step-by-step process is as follows:

Gather your documents. You can make copies in advance.
Pay taxes that are established for transactions of this type.
Attach the receipt and complete the application according to the form provided.
Go to the Registration Chamber and submit the documentation.
Receive a receipt listing everything transferred (originals and copies).
Wait until the check is completed and pick up the documents for the apartment.

When accepting an inheritance, a notarized certificate of the heir is used as the basis for making changes. After this, the registered apartment can be sold, donated, exchanged, or bequeathed.

The deadline for submitting documents has passed - what to do?

Even taking into account the fact that many heirs know about the six-month period allotted for the full acceptance of an inheritance under a will, it often happens that it is not possible to visit a notary during this time. In this case, there is nothing left to do but write a statement of claim to the court, where you need to prove that there were insurmountable circumstances that prevented you from completing the procedure in a timely manner.

Circumstances that courts, as a rule, take into account may be a long illness, a long and distant business trip, or lack of information about the death of the person who left the inheritance.

You are also given six months to go to court from the moment the obstacles to going to a notary have been removed. If there are several heirs, and the rest do not object to including the delayed applicant in the list, the issue can be resolved without trial.