Inheritance of a privatized apartment: shares, after death, rules, rights

Who can be the heir

Inheritance is carried out according to two principles:

In law.
According to the provisions in the will.

If the owner of the property dies without a will, the property passes to the next of kin. It is also possible to transfer inherited property to a stranger if an appropriate will has been drawn up. If inheritance is carried out by law, the property passes to people depending on the degree of their relationship with the deceased. The procedure and rules are regulated in Article 1141 of the Civil Code of the Russian Federation .

Last expression of will

While still alive, a person has the right to dispose of his property in the event of his death. This can be done by making a will. According to Article 1118 of the Civil Code of the Russian Federation, the following requirements for the execution and preparation of a document apply:

An individual who has full legal capacity at the time of application has the right to leave an order (is not registered at a drug dispensary, is not an alcohol addict, his legal capacity is not limited by a court decision);
recorded personally, not through a representative;
cannot be collective. It is a paper representing the will of one person;
refers to a unilateral transaction. All legal relations arise after the death of the testator.

Freedom of will applies. This means that the owner has the right to bequeath anything to whomever he wishes, to protect unwanted persons from succession, without defining shares or with a clear delineation of them, to divide privatized real estate between close relatives or even strangers.

Thus, a will allows you to determine who gets the property after the deceased, what share in the apartment will belong to the heir. That is, the owner, at his own discretion, determines the future fate of the property, thereby expressing his will and wishes.

Inheritance rules

The legal procedure provides certain rights for participants in the inheritance.
If the property is privatized for several people, it is possible to inherit the share after the death of the testator. Everyone receives the part that was predetermined for him according to the contract. In some cases, people are interested in inheriting property after a period of time . There are 2 ways to solve a difficult situation:

Extrajudicial procedure . If relatives have not made any claims, this issue can be resolved without involving officials.
Restoration of inheritance rights upon filing an application with the court . This method can be used if inheritance after the expiration of the term is carried out for compelling reasons. All evidence and circumstances must be documented.

List of valid reasons:

The heir did not know and could not know that the testator had died.
Other valid reasons that can be classified as independent of the heir.
The heir did not have information that the testator had property due to him by law.

On what grounds can they refuse?

You may be denied access to inheritance rights if there are heirs who are much closer to the testator in terms of order of kinship. Also, a refusal may be issued if you incorrectly formulate a package of documents, or if you fill out an application incorrectly.

If the property turns out to be non-privatized, this means that you will not be able to claim it, since you will not be able to register the property. Incorrectly drawn up documents, including by a notary, are grounds for refusal.

Intestate inheritance

When inheriting a privatized apartment without a will, the heirs have the right to inherit after 6 months .
Regardless of relationship, the law allocates mandatory shares for various categories of citizens. There are persons for whom a mandatory share in the inheritance is used :

Children under 18 years of age.
Guardians.
Spouses and parents who are officially unemployed at the time of receiving the inheritance.

The persons listed above have a mandatory share of the inheritance in the amount of 2/3 of 100% of the property.

Is an apartment inherited if there is a deed of gift?

The owner of real estate can sell it or donate it during his lifetime. The consent of the heirs is not required for the alienation of property. The transfer of ownership occurs after signing the relevant agreement and registering the right.

You can only inherit property that belongs to a citizen on the day of his death. If a privatized apartment was transferred under a gift agreement during a person’s lifetime, then it is not subject to inheritance.

However, if the agreement was drawn up, but was not registered with Rosreestr at the time of the death of the owner, then it becomes invalid. Such property is inherited.

Inheritance of a share

In some cases, several heirs have the opportunity to receive an apartment, but it is impossible to divide it. To solve the problem, you need to contact a notary to draw up an agreement on the division of property. If the heirs are unable to reach an agreement, the issues are resolved in court.

Usually the court makes a decision on dividing property equally. If one of the parties to the dispute is a minor or a person whose legal capacity is limited, other solutions are possible.

Inheritance without determining shares

When concluding an agreement on the privatization of property, in some cases the apartment is registered as common property without taking into account the division into certain shares.
Inheritance is carried out in a general legal manner, however, at any time, at the initiative of one of the owners, the allocation of a share is possible. In the event of the death of one of the participants in shared ownership, the remaining heirs have the right to receive the released share in equal parts . In the event of a dispute between the heirs, it is necessary to conclude an agreement that will take into account the rights of all participants in shared ownership equally.

Preemptive right to indivisible assets

Holders of the priority right to claim a share in a privatized apartment:

The heirs are participants in privatization . If several people owned a privatized property, then the co-owners have priority over other relatives. When dividing an inheritance, a co-owner can claim the share of the deceased person.
Heirs are users of residential premises. If the co-owners are not heirs, then the priority right to indivisible assets passes to relatives who lived with the deceased citizen and used his housing.

If they are absent, then the property or its share passes to the relatives of the testator. The inheritance is divided equally between the participants.

Example. After the death of a person, a 1-room apartment remained. At the time of death, the testator was married, but did not live with his wife. Another heir was his son. Only the deceased man participated in the privatization of the apartment. The heirs did not have a preemptive right to indivisible property. Everyone will get ½ of the housing.

What to do if the owner dies

Receipt of real estate occurs in the manner prescribed by law:

Collect documents that relate to the death of a relative; you also need papers confirming a sufficient degree of relationship to receive an inheritance.
Come to an appointment with a notary.
Take the issued certificate.
Go through the title registration process.

When all the above requirements are successfully completed, you will become the legal owner of the apartment.

How is the inheritance divided?

All citizens are entitled to equal constitutional rights. If several persons involved in the inheritance case claim the property of the deceased, then the division of property occurs in certain proportions. The size of the share naturally increases when a unilateral official refusal or transfer in favor of a specific person is received.

How to register a privatized apartment

Before entering into the process of registering the inheritance procedure, you must make sure that you have rights to the inheritance and also declare them. The corresponding application is submitted within the first six months from the date of death of the testator. It is advisable to contact a notary who works at an address close to the place of residence of the testator. If you don’t know exactly which specialist to contact, you can use the services of any legal notary. Additionally, an inheritance tax is charged, the amount of which depends on the price of the apartment, which is indicated in the BTI.

How to remove a deceased person from registration?

This technology is quite simple. Both relatives and cohabitants registered at the same address can cope with the task of deregistration. The day of death is not only the death of a person, but also the end of the legal powers and duties of the testator.

The procedure requires compliance with the following rules:

Submit an application to the registry office to obtain a death certificate.
Contact the territorial division of the migration service or the passport office at your place of residence with an application for deregistration based on the certificate.
Wait for the deadline to make changes to the database. This is one of the manipulations that is necessary to obtain the property of the deceased.

What documents will be required?

You must provide the notary with some documents in order to make it possible to open an inheritance case:

An official document that serves as evidence of the death of a testator.
A will, or in its absence, a document confirming the relationship.
The right of ownership that assigns a residential property to the testator.
A certificate confirming the residence of the testator in the specified living space.
Passport or other document with which you can establish your identity.
The following are the required documents:
An agreement indicating the privatization of the apartment.
Passport for a residential property. To get it, you need to visit the design and inventory bureau. To guarantee the issuance of this document, you must provide an apartment privatization agreement.
Extract from the Unified State Register.

If the apartment is privatized, then who will get it after the death of the owner?

Those who want to become the owners of a privatized apartment of a deceased relative have the least problems with dividing an apartment.

If a person managed to privatize an apartment during his lifetime, it means that he registered it in his own name, and therefore he can dispose of it at his own discretion.

A privatized apartment is inherited by relatives on a general basis . This means that if there is no will, then the property goes to the first priority heirs.

Who will get the privatized apartment if two persons took part in the privatization - husband and wife, and subsequently the husband died? Who can count on an apartment then?

In this case, the notary first allocates the shares of the spouses: the wife unconditionally receives 50% of the apartment’s share, and the second 50% of the apartment’s share is distributed in equal parts among persons of the first order of kinship: between the wife, children, and parents of the deceased testator.

If one of them refuses to accept a share of the apartment as an inheritance, then his share is distributed among other persons of the first category of kinship.

Inheritance of a non-privatized apartment

The privatization of an apartment means the transfer of state property (apartment) into the ownership of the citizen living in this apartment.

If a person dies without privatizing the apartment, then it automatically becomes the property of the state . However, citizens registered and living in it can continue to use it under a social rental agreement for residential premises.

If a citizen submitted documents for privatization, but died and did not have time to complete all the paperwork, then his relatives have the right to file an application with the court with a request to include the apartment in the inherited property of the deceased person.

Can an apartment go to an adopted child if there is no will?

Adopted children are treated as natural children . This means that they have the right to inherit, and they will belong to the first line of kinship. The same applies to adoptive parents.

If, for example, an adopted child leaves behind an apartment, then the square meters by law must go to his adoptive parents, who are his non-blood parents.

At the same time, if parents by blood appear on the horizon, they will not be able to lay claim to the child’s property, since by law he is no longer their child.

The procedure for entering into inheritance: judicial practice

Disputes when entering into inheritance arise quite often, but decisions on issues are made differently, depending on the circumstances of the case and other conditions.

Main solutions when considering popular controversial issues:

The court may recognize the right to make a decision for the deceased owner who formalized the privatization, but the procedure was not completed. In this case, the incompleteness of the procedure is not taken into account.
Recognition of property rights for heirs.

If we focus on the practice of the Moscow Court, in the first case there is an incorrect interpretation of procedural laws. At the same time, the judicial panel responsible for civil cases believes that when deciding on the relevance of the contract, it is necessary to use Part 2 of Article 165 of the Civil Code of the Russian Federation. This provision must be taken into account not only if a party is unable to take part in certifying a transaction, but also when it does not take part due to death.

Where does the procedure begin?

Important! The calculation of the six-month period allotted for the application for inheritance rights begins from the date on which the death of the testator was recorded, or from the date that the court determines as the date of death in the course of special proceedings.

A will is a document in which a citizen leaves instructions regarding property owned in the event of death.

The will must be certified by a notary or other persons authorized to certify wills in accordance with Article 1127 of the Civil Code of the Russian Federation.

In addition, Article 1129 of the Civil Code of the Russian Federation defines the possibility for a citizen in emergency circumstances to draw up a will in the presence of two witnesses.

Moreover, if after the end of the emergency circumstances the citizen who made the will survives, then such a will is considered invalid a month after the end of the emergency circumstances.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Deadline for inheritance

In order for the heir to have the opportunity to receive his share of the inheritance without going to court, it is necessary to submit a corresponding application within 6 months after the death of the testator. This regulation is regulated by Article 1154 of the Civil Code of the Russian Federation. It does not matter on what basis the inheritance is transferred: by law or by will.

There are some exceptions to this rule. If a person is declared missing, when an application for inheritance is received, the possibility of receiving it is regulated by the court. The period can be extended if other valid reasons are given. To avoid problems when entering into an inheritance, it is necessary to submit an application in a timely manner and carry out other necessary procedures, taking into account the interests of other heirs.

Video: how to correctly and quickly inherit a privatized apartment.

Is it possible to obtain housing legally?

In order to become the owner of an apartment, you should notify everyone about the death of the testator.
You must appear before the notary six months after the moment of death. The notary will establish your right to own real estate.
If you do have such a right, you will need to pay tax. But in order for the tax to be paid, an assessment procedure must be carried out if a certificate of the cadastral value of the apartment is not attached.
The notary will draw up a deed recognizing you as the owner of the property.
Then you, along with this certificate, as well as other documents that relate to technical papers and a certificate of the deceased, will appear at the Rosreestr authority.
This government agency will review your papers, and if everything is formulated correctly, a certificate of title to real estate will be drawn up in your name. You can receive it 5 days after you first come to the organ.

Remember that submitting documents to Rosreestr is preceded by payment of a state fee in the prescribed amount. If there was no will, and you are a relative, you want to take over rights through kinship, you must first prove that same relationship.

For this purpose, the procedure for providing papers from the Civil Registration Authority, or from archival data, is suitable. Therefore, this entire procedure will be preceded by additional actions in the form of proof of family ties.

Where to go to resolve the problem?

Many future heirs are interested in the question of where it is better to turn first in order to defend their interests and enter into the rights that will become the predecessors of property rights.

First of all, you should contact a notary office . It is the notary who will review your application. If the will has not been executed, it is the notary who will determine whether you have the opportunity to claim the inheritance or not. In order to register the right to an apartment, you need to go directly to the Rosreestr authority or a multifunctional center , which takes on the responsibility for preparing documents for ownership.

What documents need to be collected?

The second equally important question is what documents need to be attached in order to become an heir.

First of all, if a will has not been drawn up in your name, you need to attach papers that will prove your relationship with the deceased.
This can be a certificate, an extract from the civil registry office, or any other document, testimony of witnesses, testimony of relatives that you are related.
You will then have to provide a copy of your identification document.
It is necessary to draw up a statement in which you directly state your intention to join.
Next, it would be a good idea for you to provide a document that shows that you have paid the tax required by law. But this is not the end of the procedure.
Also, you may need to provide documents that indicate that other heirs are not opposed to you also laying claim to the property.
In a number of individual situations, you will be required to provide other documents. Be prepared for this.

We talked in more detail about what documents are needed to enter into an inheritance in this material.

Submitting an Application for Acceptance

In order to indicate your rights to the possibility of entering into inheritance rights, you need to submit an appropriate application. In it you must indicate in relation to whom you are sending the paper . In this case, the notary office with whose representative you are communicating should be mentioned.

Next, you should indicate on what grounds you believe that you can become an heir by law. Then you indicate the property you are claiming. In a number of situations, you can indicate additional nuances that will accompany the procedure for your entry into inheritance.

Such a document does not have a single established form. However, you can compose it on an A4 sheet, printed or by hand . The law is not demanding on such papers. However, the signature and seal of a notary is also required.

Obtaining a certificate of entitlement

Once the notary has reviewed your application and decides that you really have the ability to claim the property, a corresponding certificate will be drawn up for you. It will indicate your right to receive an inheritance. Such paper must be drawn up on a special form, which is available only to a notary.

In addition, in addition to the special form, this document must bear the notary’s seal and signature. The certificate indicates your ability to become the owner of real estate, as well as your right to register the property . Such a statement must be drawn up in computer font.

Duration of the procedure

You may be interested in the question of the deadlines that are observed when carrying out this procedure. In order to fix your rights to receive property, as well as formalize them, you will need from 3 calendar weeks to 1 month. If there are any nuances or difficulties, the procedure may be delayed.

State duty, taxes and other financial expenses

Entering into the right of inheritance assumes that you will pay the corresponding tax in the amount of 13%.

It is obligatory to pay, and if you do not make the payment, fines will be issued against you, and subsequent collection will be applied to your property. Be prepared for this.

Also, in addition to paying taxes and preparing a tax return, you will have to pay a state fee for registration of ownership rights to real estate . As of today, the state duty will be 2,000 rubles.