Inheritance of property abroad. Continuing the topic

1

After the death of citizens, property remains: movable and immovable. And if the personal belongings of the deceased are almost of little value, real estate attracts many heirs. Indeed, who doesn’t want to become the owner of a separate apartment or inherit a plot of land?

The law defines a strict procedure for inheriting real estate. The property cannot be received by strangers - according to the law, it is distributed among close relatives, but there are exceptions in the form of a will. Let's look at how to inherit real estate correctly, where to go, what to prepare and how much will it cost? The information in our article will be useful not only to heirs, but also to property owners.

Methods of inheriting real estate

The property passes into the hands of the heirs only after the death of the owner.

Acceptance of inheritance occurs in two ways:

• by law (without a will);
• by will.

Both options for accepting an inheritance have both pros and cons. A testamentary disposition allows the testator to partially control the situation. For example, if a relative has acted unlawfully towards family members (property) or suffers from alcohol/drug addiction, he can be disinherited. Everything related to accepting an inheritance by law is a little more complicated. Let's consider both ways of entering into inheritance rights.

We recommend that you familiarize yourself with how “Inheritance by law and by will” is carried out.

Recognition as a dependent

A disabled citizen due to age or disability on the day of death of the owner of the property receives the right of inheritance regardless of the degree of relationship. Disability due to age occurs at 55 years for women and 60 years for men:

• he was in his custody for 12 months before his death;
• the fact of cohabitation does not matter.

Inheritance is permitted if such a dependent, without being included in any of the lines of heirs:

• was in his custody for 12 months before his death;
• lived with him until his death for 12 months.

If such a citizen remains the only potential heir, he becomes a legal successor as a representative of the eighth stage.

The dependency provisions also apply to the right of inheritance of real estate.

Inheritance of real estate by law

If the testator has not made arrangements in the event of his death, his assets go to close relatives. The first to accept the inheritance are the parents, children, and living spouse. You can declare your rights within a strictly allotted period - 6 months from the date of opening of the inheritance (death of a person).

Features of inheritance by law:

1. The desire to inherit property is formalized in writing - a statement to a notary.
2. Heirs are considered beneficiaries - claimants to the property. The inheritance is divided equally between them, even if there are too many candidates.
3. If the heirs of the first stage are not identified or refuse the inheritance, the assets go to the applicants of the next stage - second, third, etc. Primary heirs lose property rights. If candidates miss the 6-month deadline to submit an application to a notary, they will have to go to court.
4. If a potential heir died before the testator, his part goes to the descendants by right of representation (Article 1146 of the Civil Code of the Russian Federation). The remaining relatives of the deceased applicant are not called upon to inherit the property. They are entitled only to the personal property of a family member. The descendants of an heir who is declared unworthy by a court decision are not called upon to inherit by nomination.
5. If one of the heirs died during the paperwork process, his share will be transferred as part of the transmission - the transfer of rights from the deceased heir to his relatives . It’s okay if there are less than 3 months left before the end of the property acceptance period. The law gives relatives of a deceased citizen additional time - another 3 months to accept the inheritance.

Example. The head of the family died as a result of a gas cylinder explosion at work. The wife and two children buried their father, and a month later they turned to a notary. All three applicants applied for acceptance of the inheritance, which included a large house and a plot of land. Three months later, the testator’s eldest son was involved in an accident. The man died in the ambulance on the way to the hospital. The late applicant left behind a young daughter. The girl's mother filed an application to accept the inheritance by right of representation. Part of the girl's father's property went to her. The marital share was allocated before the property was divided among the heirs. Shares of the applicants: spouse – 2/3, son – 1/6, daughter of the heir – 1/6 of the property.

A separate category of applicants, regardless of the order, are the disabled dependents of the testator - they are entitled to half of the share that they would have received by law (Article 1149 of the Civil Code of the Russian Federation). However, if relatives do not need to confirm the fact of cohabitation with the testator, then third parties do. An extract from the house register, certificates from social security, a pension certificate, and a certificate of disability are suitable. The main condition for inheritance by law is loss of ability to work and being supported by the deceased subject.

If at the time of the testator’s death a conceived but unborn child is identified, he is recognized as a potential heir. After receiving such information, the notary must suspend the execution of documents, and a corresponding resolution is issued. The document is valid until the baby is born (Article 1166 of the Civil Code of the Russian Federation).

The baby's interests are represented by his mother. If the child is illegitimate, then the baby’s mother will have to go to court. The woman will need to file a petition to establish paternity. If the father recognized the child, then the hearing takes place as a special proceeding (Article 264 of the Code of Civil Procedure of the Russian Federation). If not, the application is submitted as part of the claim proceedings. Strong evidence and arguments will be required.

Read about this in our article “Are illegitimate children entitled to inheritance?”

Legislative regulation

Legislative acts in this area include a serious list of regulations:

• Civil Code.
• The law on registration of real estate and rights to it and government acts and regulations supplementing it.
• Regulatory acts regulating the activities of transport organizations (Charters, Codes, government acts, regulations, instructions, etc.).
• Recommendations for registration of inheritance rights adopted by the FNP (Federal Notary Chamber).

The last act concerns notaries, how they should act and what documents to collect.

The listed acts expand the list of objects proposed by the Civil Code and make the concept of real estate clearer. In particular, this applies to lands on which apartment buildings are located.

Inheritance of real estate by will

If a person has made a will during his lifetime, the inheritance is divided in accordance with his will. The order allows you to regulate the composition of heirs and the size of their shares, prescribe conditions, preferences, orders and restrictions. At the same time, the testator can appoint a sub-heir in the event of death/refusal of the property of the main applicant (Article 1121 of the Civil Code of the Russian Federation).

There are two types of wills for an apartment or land:

• Closed - has the form of a sealed envelope, which is handed over to the notary in the presence of two witnesses.
• An open will is an ordinary will, the text of which is known only to the notary and the property owner.

A will can specify any property that the testator plans to transfer to specific individuals. If additional assets are identified at the time of death, they will go to the heirs according to law. An exception is that a general order has been drawn up for all property that will belong to the deceased citizen on the day of his death.

Example. The head of the family made a will. He assigned the house in the village to his wife, and the land share to his eldest son. The testator's daughter was not mentioned in the will. The reason is a tense relationship with his father. However, at the time of the man’s death, the inheritance also included a share in the authorized capital of the legal entity. The heirs under the will declared acceptance of the assets on one basis, and the daughter assumed her rights according to the law.

The procedure for registering property under a will is the same as under the law. Applicants need to contact a notary, submit an application, have their property assessed, pay taxes, and receive a certificate. The final stage is registration of property rights in a government agency. After receiving an extract from the Unified State Register of Real Estate, the applicant for the inheritance becomes the owner of the property.

Actual acceptance of real estate

There is another option to accept the inheritance - to actually enter into it (Article 1153 of the Civil Code of the Russian Federation).

The main difference from the methods described above is the use of the property of the deceased immediately after his death . Typically this approach is practiced between close relatives. After the death of the owners, the apartment goes to the spouse, children, and parents. They lived with the testator at the time of death, which means they have the right to dispose of the property.

What is the actual acceptance of an inheritance:

• living in an apartment;
• payment of utility bills;
• residential repairs, reconstruction;
• repayment of debts of the deceased (for example, to creditors or housing departments);
• ensuring the safety of accepted property;
• claiming inheritance from someone else's property.

The question arises, how to confirm all these facts? It is enough to provide the notary with evidence of participation in the actual acceptance of the property . For example, using extracts from the house register, payment receipts, receipts, checks, invoices, contracts, witness statements, photo and video materials. The most important thing is not to miss the deadline for accepting the inheritance - 6 months. Otherwise, you will have to prove your rights in court.

The procedure for registering real estate as property by inheritance

Real estate objects undergo mandatory state registration with the authorities of Rosreestr (formerly the Cadastral Chamber). Documents can be submitted to one of the territorial branches of Rosreestr or choose an intermediary represented by the State Budgetary Institution “My Documents” (MFC). Such centers operate on the principle of a “one-stop shop” - documents are accepted from one specialist in the shortest possible time (5-10 minutes).

Procedure

Procedure for registering rights to real estate:

1. Assess the property - find out its cadastral value to calculate the state duty.
2. Prepare documents, pay the state fee, make an appointment with a notary.
3. Obtain a certificate of inheritance.
4. Submit an application and documents to the MFC or Rosreestr (at the location of the facility).
5. Pay the state fee and wait for registration.
6. Receive an extract from the Unified State Register of Property Rights.

Application (sample) 2021

Registration of rights occurs upon the application of a citizen. Samples of the required forms can be downloaded from the Rosreestr portal.

The application contains:

• name of the registering authority (State Registration Service);
• The requested legal action is to re-register ownership of an apartment or land;
• information about the copyright holder;
• the essence of the heir's request;
• the basis for registration of the right is a certificate of the right to inheritance;
• type of registered property;
• location of real estate - address, floor, building, living space, share in the right;
• method of submitting an application - paper or electronic version, through a representative;
• list of attached documents (appendices);
• date, signature of the next owner of the property.

Documentation

The application for registration of property rights must be accompanied by:

• a copy of the passport of a citizen of the Russian Federation;
• title/technical documents for real estate - usually this is a privatization agreement, sale and purchase agreement, deed of gift;
• certificate of right to inheritance - with the seal and signature of a notary;
• agreement on the division of property between heirs (yes, yes).
• proof of tax payment - a receipt (not required in all cases).

If the papers are submitted by a representative of the applicant, then an additional notarized power of attorney to conduct the inheritance case will be required. In case of redevelopment, appropriate permission from the BTI will be required.

If a minor child inherits property, legal representatives act in his interests. When submitting an application, you will additionally need identification of the parent/guardian and the child's birth certificate.

After submitting a package of documents, the applicant is given a receipt. It indicates the date of issue of the extract from the Unified State Register, i.e. the day when you can come and pick up the completed title document. The heir must provide a receipt when re-applying to the registration authority.

Expenses

A state fee is withheld for registration actions. Its size depends on the type of property and the action that needs to be taken in relation to it. Basic rates are fixed in Art. 333.33 Tax Code of the Russian Federation. Prices for registering property rights:

1. Ownership rights for citizens – 2,000 rubles.
2. Registration of a dacha plot of land – 350 rubles.
3. Organizations – 22,000 rubles.

If a citizen is entitled to benefits, then when submitting an application to Rosreestr he needs to attach papers confirming the existence of such a right. For example, a certificate of disability, a certificate from the social service.

Deadlines

What is the deadline for submitting documents to register property rights? The law does not establish a specific time frame. Delaying the renewal of documents is disadvantageous for the heir himself.

How long does it take to register property rights? The procedure takes from 7 to 14 days . The deadline depends on the volume of registration actions, completeness of documents, and workload of the government agency. An employee of Rosreestr sets a date for issuing title papers immediately upon receipt of the application.

If documents are submitted through the MFC, the registration period may increase by 2-3 days. This is due to the fact that the State Budgetary Institution “My Documents” accepts documents, but does not register property rights. Only Rosreestr has such powers.

If the applicant submits an incomplete list of documents, a Rosreestr employee may extend the registration period or refuse to provide the service (Article 26 of Federal Law No. 218). Similar consequences occur if there are contradictions in the papers or in the case of open legal proceedings in relation to real estate.

Mandatory share

The rules about it apply to a limited list of persons:

• dependents;
• a spouse who is unable to work due to age or disability.

They are entitled to at least half of the portion that would have been received by them if the inheritance had been carried out according to law.

Initially, the distribution is made from property that is not probate. If compliance with the right to an obligatory share is not ensured, the distribution is made at the expense of the bequeathed property.

The peculiarities of inheritance of real estate oblige the cost of testamentary refusal to be taken into account. It refers to the right to live in existing housing or the obligation of one or all heirs to buy housing for the owner of the refusal to live in.

If, as a result of such a division, an heir to whom a house or other housing has been bequeathed that was not previously used by the owner of the obligatory share is deprived of housing, then he has the right to file a claim against the owner of the obligatory share. The judge has the right to reduce the mandatory share or refuse to award it if the plaintiff uses the disputed house or housing as his permanent place of residence.

What can you do with real estate?

After registration of property rights, a person becomes the full owner of the testator's property. Now you can make any transactions with real estate that are not prohibited by law.

How can you dispose of inherited property:

• sell (purchase agreement);
• rent out (agreement for renting a residential premises or renting a land plot);
• donate (donation agreement for any person);
• bequeath to heirs;
• exchange (exchange agreement);
• pledge (an agreement with a bank to pledge an apartment).

If there are several co-owners (heirs), alienation of property occurs only with their consent. If one of the owners is against the sale of property, the remaining co-owners can offer him to buy out their parts, and vice versa - the pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation). Such actions are carried out in writing. The offer must contain the value of the share of the property and the terms of sale.

The owner is given 30 days to make a decision on the redemption of shares . If the bidder fails to act, the co-owners can sell their parts to third parties. If a written refusal was received earlier, then the co-owners can draw up a purchase and sale agreement without waiting for the expiration of the month. Such transactions require notarization.

Is the sale of real estate subject to tax? If the heir registered ownership less than three years ago, then he must pay personal income tax. If the property is owned for more than three years, then the tax is not withheld (Article 217.1 of the Tax Code of the Russian Federation).

Read more about this in the article “Tax on the sale of an apartment received by inheritance.”

Inheritance of real estate occurs in accordance with the general procedure. Applicants need to contact a notary, submit an application, and pay a state fee. Registration of rights occurs after receipt of the certificate. The basis for succession is relationship with the testator or the terms of the will. Possible problems are the lack of documents for the property, missed deadlines, or a dispute between the heirs. Such issues are resolved in court. In order not to violate the procedure, collect all the documents and competent evidence - contact the lawyers of our portal for help. Having received a preliminary consultation, you will be able to assess your strengths, outline an action plan and a list of tasks. Lawyers will help you understand your case from a professional point of view. Leave a request in the online form or call the hotline!

Legal assistance

The need for the services of an inheritance lawyer arises in several cases:

• dishonest performance by a notary of his duties;
• consulting in disputes with other heirs;
• drafting legal documents (complaints, statements, claims);
• representation of interests in court.

In one case, one piece of paper is enough, in another it is necessary to first collect a package of documents, then draw up a claim and conduct a lengthy process in court in all instances. This option requires serious knowledge and experience, and an inheritance lawyer can provide serious assistance.