Registration of inheritance in St. Petersburg and the Leningrad region

Inheritance - for 1 visit

A specialized department for registration of inheritance provides assistance in entering into inheritance by law or by will after the death of citizens (any year of death) registered and/or having property in St. Petersburg, the Leningrad region, throughout Russia.

If you have a complete package of documents, the application for inheritance will be issued on the day of application.

In the absence of documents, the heir gives instructions to perform the necessary actions within the powers specified in the power of attorney, and places the responsibility for registration on the shoulders of lawyers. THE DEADLINE FOR ENTERING INHERITANCE WILL NOT BE MISSED.

Required documents:

1. 1. Death certificate (if available);
2. 2. Passport or other identification document;
3. 3. Documents about family relationships (if there are none, we will restore or prove them in court) or a will, or documents about being a dependent of the deceased;
4. 4. Certificate of registration of the testator from the last place of registration (if any).
5. 5. Documents on rights to inherited property: (If there is no property, in some cases inheritance is still possible)

• inheritance of an apartment, room: privatization agreement, housing cooperative certificate, certificate of inheritance, gift or sale agreement, court decision, etc. plus a certificate of state registration if the property was received in the period from 1998 to 2016.
• inheritance of a house: declaration of the property, technical passport or house plan, state registration certificate, if the property was registered between 1998 and 2021, extract from the Unified State Register of Real Estate (can be ordered by lawyers).
• inheritance of a land plot: Resolution of the Administration, purchase and sale agreement, agreement, court decision, etc., plus a certificate of state registration, if the property was registered between 1998 and 2021; garden book of a SNT member, etc.
• inheritance of a car: PTS, vehicle registration certificate.

In other cases, the specialist who will work with you will tell you about the necessary documents.

For residents of St. Petersburg, other cities and countries, we provide services for registering inheritance in an administrative manner (with a notary) or in court:

• assistance in establishing an inheritance case;
• collection of documents;
• genealogical examination;
• challenging wills or upholding them;
• search for wills and inherited property;
• preparation and receipt of a certificate of inheritance;
• defending your interests in any organizations and before other heirs;
• defense in court;
• disputes with banks;
• property valuation;
• consulting;
• tax minimization;
• identifying the person responsible for the burial;
• joining the SNT;
• registration of your property rights and many other important services.

Our attorneys and lawyers have more than 20 years of experience Our specialists will help you prepare documents and arrange a turnkey inheritance or carry out one-time assignments.

Features of giving up a share in an apartment in favor of a child or children

You can also transfer rights to a share in an apartment to children.

Consider these features:

1. If the child is an adult, that is, he is 18 years old, he himself will be able to participate in the transaction.
2. If the child is under 14 years old, then his interests are represented by his parents. They will sign all the documentation themselves.
3. If the child is 14 years old, the parents write consent, and the child signs the documents himself.
4. Usually a gift deed is drawn up for children. You can indicate all the recipients in it, if there is not one child, but several of them.
5. It is necessary to obtain consent from the spouse to transfer rights to children. It should be certified by a notary office.
6. Children will not pay tax on property received as a gift.

Contact our lawyers, they will help you conclude the deal correctly, in accordance with the letter of the law.

Genealogical research and examination

To prove kinship in the absence of documents, there are two courses of action: archival search and judicial proceedings.

The initial stage of the research will be a genealogical examination - a research stage with the assessment of data already available, their adjustment and systematization. Next, a search for documents must be carried out to trace the history of the family, and, if necessary, the nationalities of relatives. The result of the legal service will be a report on the places of the search, the documents actually received, a pedigree diagram, a family tree (full or in part).

If the available documents are sufficient, further registration can be carried out by a notary; if there are partial or complete absence, then in court. But it should be borne in mind that you cannot “run” to court unprepared. One more stage of action is needed - pre-trial preparation of the evidence base in order to obtain the desired judicial result of the relationship.

Deadline for accepting inheritance

The period for accepting an inheritance is classically 6 months (no later!!!). This is the time when all applicants for the inheritance must submit a statement that they claim to receive it. There is another legal option - actual entry into inheritance, when a citizen performs actions that prove his actual use of inherited property (including disposal, preservation, etc.).

If the inheritance is not accepted by virtue of clause 3 of Art. 1154 of the Civil Code, there is another 3-month period for accepting an inheritance in addition to the above.

If the inheritance is actually accepted within the period established by law, there are no time limits limiting the time for filing an application for inheritance.

Waiver of pre-emptive right - how to formalize it correctly

An owner who decides to transfer the rights to his share must contact a notary’s office and write a statement to the other owners with an offer to buy out his part.

In the application, he must indicate which share he is the owner of, on the basis of what documents, and also determine the price for which he wants to sell his share.

The owners of the remaining shares who receive this application must contact the same notary - and:

1. Or agree to buy out part of it.
2. Or refuse to buy the offered share.
3. Or agree to buy back the share, but for a different amount.

Few people provide for a third option for resolving the issue, because the notary will only offer you to formalize consent, or only refusal. Lawyers recommend answering in writing to the notary according to the third option. You can write a consent yourself by sending it to the designated mail. It is better to record your consent to the ransom, but indicate a different amount or write without indicating the cost. This way the owner does not lose the pre-emptive right to buy out the share.

If the owner of the share being sold decides to sell it at a different value, he will also have to notify the other owners about this, through a notary. They will also have to give consent or refusal.

If you do not respond to the notary’s demands, the owner loses the right to repurchase. According to Russian law, after 1 month the owner of the share can sell it at his own discretion, without further warning the other co-owner.

What is very important

Before you start registering an inheritance (in inheritance), the most important thing is to understand what and how to do correctly.

It is necessary to find the option that is right for you and complies with the law (for example, accept in shares or register everything in the name of one heir, sign an agreement on who exactly goes to whom, refuse the inheritance to someone in principle or in favor of someone , complete or not complete documents, etc.).

Advice from a lawyer.

• You cannot change your decision several times: first refuse, and then accept, then again refuse the inheritance.
• It is impossible (dangerous) to miss the deadline for accepting an inheritance.
• Before starting any action, it is important to obtain legal advice, in which a lawyer or lawyer with experience will explain to you what and how to do correctly, what determines the distribution of shares in property, what may affect changes in the composition of heirs, whether it is possible to challenge a will, remove someone then from inheritance and other issues.
• It is necessary to know the current legislation, and when inheriting by will, also the legislation of previous years (there may be other legal consequences for the heirs). Plus, legislation changes over time, and information posted on the pages of any website becomes outdated. Therefore, in order to inherit the way you have decided, it is MANDATORY to use the current legislative framework, the latest information and timely advice from legal practitioners. We have these.

Cost of registration of inheritance (prices 2021);

Prices for legal services for registration of heirs' rights:

You can find out the cost of registering an inheritance in the Leningrad, Pskov, Novgorod regions, Karelia by phone. (812) 535-44-43.

Features of renouncing a share in favor of the state

It is possible to renounce a share of property in favor of the state.

However, it is worth considering that the rights to the apartment must be transferred from all owners. The remaining owners must also issue a waiver so that the apartment becomes the property of the municipality or state.

The process of refusal in this case is called deprivatization, when the agreement on the privatization of residential premises is canceled and the rights to the entire property are transferred to the state.

As a rule, after registration of rights, the apartment will be considered social, that is, new residents will be able to enter into a social rental agreement for the apartment.

Procedure for registration of inheritance

Registration of inheritance through a notary or court procedure involves the following actions:

— determination of hereditary shares;

- opening an inheritance case with a notary, and in the case of a judicial option - filing a statement of claim in court;

— collecting the necessary documents, restoring lost documents (this takes half the time and effort, the process is burdened by large queues at each instance, there can be from 2 to 8 instances);

— working with a notary or defending interests in court (the simplest thing is filing documents, the most difficult thing is defending your legal position and proving to the notary the correctness of your actions and requirements, disputes over the notary’s refusal to accept documents, issuing a certificate of inheritance);

— obtaining a certificate of inheritance or a court decision;

— registration of rights to inherited property with the Registration Authority (MFC, Federal Registration Service).

When to register an inheritance with a notary, and when - in court?

According to current legislation, documents are completed in an indisputable manner by a notary, but the deadline for entering into an inheritance should not be missed (if this matters in your case). All title documents must be in order, documents on family relationships (or a will) must be available, and additional documents requested by the notary when registering an inheritance can be collected.

When the necessary documents are missing, the deadline for entering into an inheritance has been missed, the property of the testator has not been formalized, as well as in cases where it is necessary to establish some legal facts through an application (for example, kinship, or to prove that the inheritance was accepted within the prescribed period) or through a lawsuit directly establish the right of ownership to inherited property, in disputes between heirs, to non-privatized property, and in other cases - registration of inheritance occurs in court. The process of completing documents in complex situations can take from several months to several years.

About the will...

Particular attention should be paid to the date of the will, if any. Depending on the year it was written, the estate may be distributed among the heirs differently. Perhaps in some cases it is more profitable not to use a will, or to choose the most useful one from several.

Consult our specialists! Phone calls are free.

And about other inheritance issues...

In addition to the process of registering an inheritance, unforeseen obstacles to obtaining the desired inheritance may appear on your way: a will is contested, new heirs have appeared, the inherited property itself is unknown, a dispute arises about a medical error or the heir is recognized as unworthy (which affects the distribution of inherited shares)... Heirs do not always know about the full estate, about all the property of the testator, about heirs from previous marriages, about written wills (from one to many options). Only a professional who has experience working on these cases can foresee various options and prevent the consequences of using various documents presented.

An important subtlety in the volume of inherited property

It is important to remember one more legal subtlety about inheritance: the inheritance received is the private property of the heir. It is not included, for example, in the joint property of the spouses, even acquired during marriage, and is not subject to division of property during a divorce.

Registration of inheritance in Kalininsky, Vyborgsky, Krasnogvardeysky district of St. Petersburg

The organization's office at 22 Grazhdanskiy Ave., St. Petersburg serves both citizens of nearby areas and all citizens of St. Petersburg and the Leningrad region, everyone is welcome to come! We know the notaries who draw up documents when conducting inheritance cases, we know their requirements (each notary, while complying with the law, also imposes his own additional requirements for the documents provided and has special opinions on a number of issues).

If registration of an inheritance is necessary in court, then the Kalinin and Vyborg courts are our favorite courts, we know the requirements of judges on procedural issues, and are ready to protect your interests. Over the years, we have learned the requirements of almost all courts of St. Petersburg and regional courts. We know how to present, what to ask for, and how to win what the Customer needs.

Registration of inheritance in Primorsky, Central district and other areas of the city

Our two more offices are located in the Primorsky and Central districts of St. Petersburg. Of course, we work in all other areas of the city and region. We will quickly register an inheritance in Kirovsky, Vasileostrovsky, Moscow, Admiralteysky. Frunzensky, Petrogradsky districts of the city.

We will also register an inheritance in the Leningrad, Pskov, Novgorod regions, Karelia and other regions of the country, in Belarus, and Ukraine. At the same time, we formalize rights to real estate (urban housing, country houses, land plots, shares), inheritance of shares in the authorized capital, shares, cash deposits, cars, etc. Contact us for help.

Registration of inheritance in court

When registering an inheritance in court, it is important to correctly complete all procedural steps, go to court within the prescribed period, file a statement of claim (and in special proceedings, a statement to establish facts) that meets the requirements of the law. 50-90% of the success of the case depends on how the statement of claim is drawn up.

You can see important information on defense in court in the section “Defense in Court. Conducting court cases." Direct participation of our lawyer or advocate in the trial will increase your chances of winning many times over. We advise you to contact us for help!

More on the topic:

The pages of the site contain a lot of interesting information obtained over the years of work by our specialists. You can read it by going to thematic articles (right column), as well as the pages “Inheritance of land plots, houses”, “Inheritance of apartments, rooms”.

Peculiarities of renunciation of a share of real estate acquired with maternity capital

When investing maternal capital in the purchase of housing, spouses must understand that the property will be distributed among all family members, including minor citizens.

Therefore, if one of the spouses wishes to renounce his share, he must formalize the refusal notarized.

In fact, the spouse who renounced his part will not receive a share, but he will retain the right to the common property of the spouses. In the event of a divorce, its share will be divided between the spouses as common marital property.

Please note that if the apartment was purchased using a mortgage with the investment of maternity capital, then you must obtain consent to the refusal from the bank. Spouses will act as co-borrowers, having equal responsibilities and rights to the banking organization. If one of the spouses refuses his share, then the loan debt is transferred from one borrower to another. This is stated in Article 391 of the Civil Code of the Russian Federation.

Lenders do not always make concessions, so giving up your share in such an apartment will be problematic. If it was not possible to obtain consent to transfer rights, you can resolve the issue in court. Any spouse can become a plaintiff.