Entering into inheritance in Moscow
The process of registering rights to inherited property is schematically divided into several stages.
Let's take as our starting point the death of the testator, who left behind an apartment in Moscow to his heirs.
REMOVAL OF THE DECEASED REGISTRATION. Meaning of the action: The place of opening of the inheritance is determined by the last place of residence of the testator (Article 1120 of the Civil Code); with an application for acceptance of the inheritance, the heir can only apply to the notary at the place where the inheritance was opened (Article 1153 of the Civil Code of the Russian Federation).
Consequently, the heir must confirm to the notary the last place of residence of the deceased. Supporting documents are:
- certificate from your last place of residence,
- an extract from the house register with a note about deregistration due to death.
APPEAL TO A NOTARY WITH AN APPLICATION FOR ACCEPTING AN INHERITANCE. An application to a notary for acceptance of an inheritance must be made within six months from the date of opening of the inheritance (Article 1154 of the Civil Code of the Russian Federation). Such an application may be submitted personally by the heir or his representative acting by proxy. In the latter case, the heir's signature on the application must be notarized.
COLLECTION OF DOCUMENTS. Actions at this stage depend entirely on the type of inherited property. However, in all cases, it is necessary to confirm the family relationship with the testator with birth certificates, marriage certificates, or provide a will (if any) with a note from the notary who certified it that it has not been changed or revoked.
OBTAINING A CERTIFICATE OF RIGHT TO INHERITANCE. This stage occurs when all the documents are collected, presented to the notary, completely satisfy him and do not raise any doubts. In this case, the notary will charge you a state fee for performing a notarial act:
- Children, spouse, parents, full brothers or sisters of the testator pay 0.3 percent of the value of the inherited property (according to the BTI certificate of the appraised value as of the date of death, or according to the market valuation of an independent appraisal company, whichever of these two you choose. ATTENTION !!! To you, and not to the notary), but not more than 1,000,000 rubles;
- other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles;
- Plus payment of tariff for technical work.
REGISTRATION OF OWNERSHIP IN THE CASE IF A CERTIFICATE OF RIGHT TO INHERITANCE FOR REAL ESTATE IS ISSUED. Accordingly, after receiving a certificate of inheritance rights to an apartment, the heir’s ownership rights are subject to state registration. Registration is carried out by the Federal Registration Service. In Moscow, a division of the Federal Registration Service is called the Directorate of the Federal Service for State Registration, Cadastre and Cartography for Moscow.
How to recognize a notary by inheritance?
Typically, this question arises if there are several notary offices operating in the area where the testator lives. You can determine which of them you need to submit documents to by calling a notary.
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
But it is better to use the official website of the Notary Chamber. The resource contains an up-to-date database of all notaries in Russia. By requesting the necessary information, you can find out: the notary’s full name, service region, office address, telephone, email and other data.
The Unified Information System (UIS) is now in effect - notaries have access to its information. The heirs can contact the nearest notary office, pay to find the right notary and determine which specialist is handling the case? It is advisable to apply as a group of relatives - this way you can quickly find out about the inheritance, and then notify the other applicants.
Read our instructions on how to recognize a notary in order to enter into an inheritance?
Inheritance - brief description
To deal with issues of registration of inheritance rights, you need to study the procedure of actions and their sequence.
The successor should know:
- who turns it on;
- deadlines for fulfilling the requirements provided for by law;
- features of all stages of the case;
- list of documents required for registration;
- who is involved in the procedure.
To carry out actions in the prescribed manner, an application from one of the heirs of the deceased citizen after his death is mandatory. In addition, the right to the abandoned property must be confirmed.
Opening an inheritance case with a notary can only be carried out by those citizens who claim a share on such grounds as a will drawn up by the deceased, or a queue provided for by law. You can start it at the place of last residence of the deceased.
New property - procedure
It often happens that after accepting an inheritance, other property is discovered. If there is only one successor, then after accepting part of the testator's property, he inherits everything else.
Therefore, it is necessary to take certain actions to formalize your rights. This is a rather complicated procedure, since even credit debts can act as shares.
The legal framework provides for the procedure for registering ownership of property that was not inherited in a timely manner. The basis for this is Art. 1110 of the Civil Code of the Russian Federation. Regardless of the location and nature of the property, it automatically passes to the successor.
According to the requirements, the heir is required to obtain a certificate for the objects of inheritance. This will require repeated cooperation with the notary. If there are no difficulties, the document will be issued. Some cases require litigation.
What documents are needed to open an inheritance case for various property?
In addition to the main papers, the list is supplemented depending on the type of property.
Heirs will need to provide title documents and property valuation certificates. They can be filed after the opening of the inheritance case. Documents are transmitted in person, through a representative or by registered mail.
The notary must be provided with originals and copies of the papers so that he can verify their authenticity. The list of documents is not exhaustive.
Attention! The official has the right to ask for additional papers, depending on the circumstances of the case.
Apartment
The title documents for an apartment can be:
- contract of sale;
- deed of gift;
- privatization document;
- certificate of inheritance.
Additionally, you must order an extract from the Unified State Register from Rosreestr. The application is accompanied by a real estate registration certificate and a property valuation report.
If the apartment was purchased by the owner before January 31, 1998, then it is necessary to obtain a certificate from the BTI in form No. 2. It indicates the real estate objects at the disposal of the citizen.
If the apartment was inherited or donated to the deceased before 01/01/2006, then it is necessary to obtain a certificate of no tax arrears.
Land plot
For a land plot, in addition to title documents, it is necessary to prepare a boundary plan and an extract from the Unified State Register of Real Estate.
In order for the inheritance to be assessed at market value, you can contact a specialist who will draw up an inspection report. The service is paid.
House
The package of documents for a residential building is similar to that provided for an apartment.
This includes:
- title deed;
- extract from Rosreestr;
- technical passport of the premises;
- expert report on the value of real estate.
Additionally, you may need a boundary plan of the land plot on which the house is located.
Automobile
To register a vehicle as an inheritance you will need:
- vehicle registration certificate;
- registration certificate for the vehicle;
- assessment act.
If available, attach a document on the basis of which the car belonged to the deceased.
Garage
A garage is one of the types of real estate, so the heirs will need to prepare:
- extract from Rosreestr;
- title document.
This list is necessary for registering the inheritance of a box or parking space that officially belonged to the testator.
Bank deposit
To receive a deposit from a bank, you will need a certificate of account availability.
But only a notary can order it.
Stock
If the testator has shares, the heirs must contact the notary with a standard package of documents. The official may independently send a request to the securities registrar. After receiving a response, the shares are included in the inheritance estate.
Legal nature of the period for accepting an inheritance
In legal theory, there are two different opinions regarding this concept. In the first case, it is considered that this period of entry into inheritance of the Civil Code of the Russian Federation is preclusive .
According to this position, after the end of the period, none of the potential heirs can take ownership of the property, since the period for its acceptance has ended. The law states that if there are no heirs or they have not accepted the inheritance, the property is considered escheated and becomes the property of the state.
A certain weakness of this theoretical and legal position is that if there are good reasons, one or more applicants have every right to go to court and extend the deadline for submitting documents confirming kinship to the notary office at the place of residence of the deceased citizen of the Russian Federation.
The theory of prescription implies that the right to inherit, as a state-guaranteed opportunity to take possession of property, is protected for a certain period established by legal norms. After this period of time, citizens lose the right to inherit. Therefore, it is always important to have time to invest in the legal period.
Obtaining a death certificate
The death certificate will have to be issued to the relatives of the deceased. It must be delivered to a notary to formalize the inheritance according to law or will. A more complex situation is when a person has been considered missing for a long time. Before registering an inheritance according to the law in this case, it is necessary to include this issue on the agenda of the justice authorities.
Where to apply
The death record should be recorded in the civil register by the relatives or spouse of the deceased. In this case, you need to contact the territorial civil registry office with reference to the place of registration. The resulting certificate must be issued quickly - within three days after the fact of death is established.
Required documents
It should be noted that in a situation where a person is declared dead through the court, a unified death certificate should also be issued for him. The day the court issues a ruling is equivalent to the day of death. It also serves as the point from which the six-month waiting period begins to count. However, to visit a notary, it is recommended to issue the certificate itself.
What list of papers is required:
- the applicant’s passport (if possible, also the deceased’s passport);
- medical death certificate;
- court decision to declare him dead, if any;
- document recording death, if it falls under the norm on the rehabilitation of victims of political repression No. 1761-1.
Sample applications can be printed and filled out at home, as they are available in electronic form on the Civil Registry Office website. To restore an already issued and lost or damaged certificate, you should also contact the civil registry office. To re-issue a document, you should provide the institution’s staff with another application, the applicant’s passport and a receipt for payment of the state fee for restoration actions.
