How to enter into an inheritance after the death of a mother without a will and under a will, what documents are needed to enter into an inheritance after the death of a mother, how to register an inheritance for an apartment after the death of a mother

After the death of parents, complete confusion begins not only about how to continue to live without them, but also what to do with their property. The question soon arises of what to do with their property and who is the legal owner of it. As often happens, while a person is alive, no one thinks about his heirs. During their lifetime, many do not seriously consider the issue of choosing a successor, hoping that later everything will calm down. And in vain, as practice shows, it is better to resolve this issue during one’s lifetime.

Right to inheritance after the death of the mother

— Without a will

If there is no will, inheritance proceeds in accordance with the law. There are 7 lines of heirs in total, each of which is described in Chapter 63 of the Civil Code of the Russian Federation (Article 1142-1145). Most often, heirs become persons of the first or third order:

Husband, child, parents.
Grandfathers, grandmothers, brothers and sisters.
Aunts and uncles.

Only if there are none of the heirs of the 1st-3rd line, they refused the inheritance or do not have the right to it, people from the 4th-7th line can receive the property. Thus, after the death of your mother, you have the first right to inherit her property.

— By will

If the mother has executed a will, the order of inheritance may change according to how it is indicated in the document. But there is an exception: regardless of the will, disabled or minor children of the deceased, as well as disabled persons who were dependent on her for at least a year before death, are required to receive at least 50% of what they were entitled to by law. (Article 1148).

Heirs by law. Sequence

If a person can bequeath his property, or part of it, to anyone (even a “good neighbor,” even an orphanage, even an animal shelter), then with regard to inheritance without a will, the law is unambiguous. Only relatives inherit. There are 7 lines of inheritance depending on the degree of relationship.

The exception is a special category - “disabled dependents”. These are disabled people or elderly people who lived with the deceased and were supported by him. They have the right to receive part of the inheritance together with representatives of the line that is called for inheritance, except for the first. If there are no legal heirs in line, disabled dependents inherit all the property.

So, the order of inheritance is distributed as follows:

The right of inheritance of the 1st stage applies to children, parents, spouses
Right of inheritance 2nd stage - for grandparents, brothers and sisters
Right of inheritance 3rd stage - for brothers and sisters of parents (aunts and uncles)
Right of inheritance 4th stage - for great-grandparents
Right of inheritance of the 5th stage - on great-aunts, grandfathers, grandchildren, granddaughters
Right of inheritance of the 6th stage - for cousins and uncles, cousins, great-grandchildren and nephews
The right of inheritance of the 7th stage belongs to “social relatives” - stepmothers, stepfathers (legal spouses of parents who did not adopt the testator), stepsons and stepdaughters (children of the legal spouse of the testator who were not adopted by him).

As we can see, the first-priority heirs are the closest relatives of the testator. His family in the narrow sense.

Parents (provided that they have not been deprived of parental rights). Spouse (provided the marriage is legally in existence at the time of the testator's death). Children (natural and adopted, from the current spouse, from other marriages, illegitimate, conceived but not born while the testator was alive - all of them are entitled to equal shares of the inheritance).

The heirs of the first priority have the right to accept the inheritance or refuse it. Also, heirs of the first priority may be deprived of inheritance by law (if the court proves their malicious actions against the testator).

If there are no heirs of the first stage (they died before the testator, refused the inheritance, did not declare their rights within the prescribed period, or were recognized as “unworthy heirs”), the second stage is called upon to inherit. If the situation is the same with the second queue, then the third one and so on.

That is, the right of inheritance passes from one line to another if the heirs of a higher line:

Died
Refused to inherit
Lost the right to inherit by court decision

Representatives of the line called to inherit divide the inheritance equally among themselves.

ATTENTION! The opinion that spouses have the right to receive a larger inheritance share than children and parents is wrong. Although in fact the spouse actually receives more. But this has nothing to do with inheritance shares.

Married spouses own property on a joint property basis. Consequently, after the death of one of them, the “marital half” is allocated from the common property of the family - the share belonging to the second spouse. And the second half, belonging to the deceased spouse, acts as an inheritance.

For example, if the testator is survived by his wife, husband and son, the wife will receive the “marital half” plus 1/3 of the inheritance. In fact, it will be more than a mother and son. But this is not a large part of the inheritance, but simply what belonged to her before the death of her husband.

When should you enter into an inheritance?

Article 1163 of the Civil Code of the Russian Federation states that the certificate is issued only 6 months from the date of opening of the inheritance. Accordingly, you also have six months to contact a notary. If this period has passed, you can go to court, where within 5 days a decision will be made whether to reopen the case or not. It will come into force 10 days after its announcement. The period for applying to Rosreestr is not limited in any way if a certificate of inheritance has already been received. Documents on ownership of the new owner are issued from 10 to 30 days.

If there is only one heir, and this is confirmed by all checks, the certificate can be issued earlier than after 6 months.

Start of term

The period of legal inheritance starts from the next day after the date of death of the testator. If we are talking about declaring him dead through a court - from the day the verdict declaring him dead comes into force (this happens 30 days after the decision is made).

The heirs of priority may refuse the inheritance, or simply not declare their desire to enter into it.

If the heirs of priority priority refuse the inheritance, representatives of the next priority have 6 months after the date of their refusal to declare their desire to become heirs. But if the heirs of the first priority simply did not come to claim the inheritance within six months, the heirs of the next priority have only 3 months to enter into the inheritance.

What documents are needed to enter into an inheritance after the death of a mother?

All information presented below will be considered from the perspective of inheriting an apartment!

Heir's passport.
Mother's death certificate.
Certificate of persons registered in the apartment (form No. 9). It can be obtained from the migration service (now combined with the Ministry of Internal Affairs) or from Rosreestr.
Birth certificate or other document that can prove relationship with the deceased.
A deed of gift for the apartment, a certificate of ownership or any other documents confirming that the apartment is indeed the mother’s property.
Explication from the BTI and a certificate of the cost of the apartment.
Extract from the Unified State Register of Real Estate.
Statement of debt for rent, utility bills and telephone.
If there is a will, this will also be required.
List of all potential heirs with contact information.

How to enter into an inheritance after the death of a mother WITHOUT A WILL

If you are inheriting your mother's property, you will need to register the title.

Procedure

Applying to a notary with an application.
Providing a package of documents.
Payment of state duty (see its amount below).
Obtaining a certificate of inheritance.
Re-registration of the apartment for yourself.

According to Article 1162 of the Civil Code of the Russian Federation, it is not necessary to obtain a certificate. But without it, it will be impossible to re-register the property.

Statement

The need to submit an application is established by Resolution No. 4462 of February 11, 1993. It is executed exclusively in writing directly at the notary’s office. The document must contain the following information:

The notary to whom the application is submitted.
Passport details of the recipient of the inheritance.
Grounds for receiving inheritance.
Details of the testator, including his last place of residence and date of death.
Description of inheritance. It should be as detailed and comprehensive as possible to avoid controversial situations.
Date and signature.

Some elements of the document, if they are not known to the recipient of the inheritance, may not be indicated.

Example : The heir is a child who, for some reason, has not contacted his mother for a very long time. He may not know her last place of residence or may not remember her passport details.

Procedure

Let's consider the procedure in more detail. First you need to contact a notary. You can choose anyone based on the mother’s place of residence before her death. If this cannot be established for some reason, you can contact notaries at the location of the apartment. He will be required to issue a certificate of inheritance rights.

The notary must be provided with a complete list of documents (see below), after which the procedure for establishing the composition of the inheritance will begin, checking the presence of other claimants to the property, as well as the grounds for entering into the inheritance. For example, if you have a brother or sister, then the apartment will be divided equally between you, unless otherwise stated in the will.

Only when all the necessary actions have been completed will the notary be able to issue a certificate of inheritance, which is necessary in order to transfer the apartment to himself. To do this, the heir applies to Rosreestr, where he is given new documents, within the framework of which he receives the right to dispose of housing, rent it out and sell it.

Expenses

Article 333.24 of the Tax Code of the Russian Federation (clause 22) states that for issuing a certificate of inheritance (it does not matter whether by law or by will) it is necessary to pay a state duty in the amount of 0.3% of the price of the apartment, but not more than 100 thousand rubles. For example, if the property is valued at 1 million, you will have to pay only 3,000 rubles, but if the cost of the apartment reaches 100 million, then the payment will not be 300 thousand, but only 100.

The 0.3% rate applies only to children, spouse, parents, sisters and brothers. All other, more distant heirs will have to pay 0.6%, but not more than 1 million rubles.

In some cases, payment of state duty can be avoided. If the heir lived with his mother before death and continues to live in the same apartment, which should become an inheritance, then he is not obliged to pay anything. Also, disabled people of groups 1 and 2 receive a 50% discount on state fees. This is regulated by paragraphs 2 and 5 of Article 333.38 of the Tax Code of the Russian Federation.

It should be taken into account that when re-registering property rights, in any case, it is necessary to pay another fee in the amount of 2000 rubles (clause 22 of Article 333.33 of the Tax Code of the Russian Federation). There are no exceptions to this clause.

Procedure for receiving inheritance

Inheritance matters in Russia are conducted by notaries. When a person writes a will, he himself can choose a notary who will monitor its implementation. When inheriting by law, the responsibility to conduct inheritance affairs rests with public notaries who work in the city or region where the testator lived.

Heirs must perform a number of mandatory sequential actions:

Find a public notary of the territory in which the testator lived, or the property belonging to him (real and movable) is located or registered.

Write a statement of readiness to enter into an inheritance
Collect and submit all necessary documents (they will be discussed in more detail below)
Pay the state fee (its calculation will also be described below)
Draw up and receive an official document - a certificate of inheritance
On its basis, register the property in your name

ATTENTION! If the heir is unable to personally appear before the notary, he can send to his address a letter written in his own hand and certified by another notary. Or write a power of attorney for a representative who will act in his place.

They are also a way to accept an inheritance - to actually take possession of the inherited property. That is, for example, living in an inherited apartment, its security, paying bills, maintenance. Such actions are considered confirmation of readiness to enter into an inheritance and eliminate the need to write an application.

But subsequently you will still have to contact a notary to submit documents, pay a fee, and receive a certificate of inheritance.

Registration of a share in an apartment after the death of the mother

You can register a share in an apartment in the same way as the entire property. Division into shares is possible in different situations. The most common: a mother and two children lived permanently in the apartment. After the death of the mother, the property will be divided equally among the children. In the amount of 50% for each. If there is a father, then first half goes to him. The remaining 50% of the property is already divided among all heirs, including the father. Thus, in the end, the spouse receives 66.67%, and the children receive 16.67% each.

It is recommended to perform all actions together: contact a notary and register the property. In addition, it is better to request a certificate of inheritance right with all the registered heirs at once, and not one for each. But this is just for convenience; in fact, you can do it as the parties wish.

All deadlines are established by law and therefore cannot be changed. It makes no difference whether the apartment is decorated in full or only part of it. Just in case, let's repeat it again:

You need to contact a notary no later than 6 months from the date of opening of the inheritance.
A certificate of inheritance rights is issued after six months.
If this deadline is missed, you should go to court. Within 5 days, he makes a decision to reopen the case, which comes into force after 10 days. After which you need to contact a notary.

In the case of several heirs, the state duty is divided between each of them according to the share that he receives. For example, if an apartment is divided into 2 parts, then each of the heirs is required to pay a state fee in an amount equal to 0.3% of half the cost of the apartment. But for registering property rights in Rosreestr, everyone will have to pay 2,000 rubles. Without any discounts.

How to register the received property

To enter into your rights under the law, you must contact a notary. Submit a written application to him to receive from him a certificate confirming the right to inherit. In this case, documents should be provided at the place where the inheritance is opened. All papers are handed over to the notary in person or by mail. If the latter option is chosen, then the heir’s signature must be certified by a notary. But this option is used extremely rarely, usually if the deceased lived in another country. Such a letter must be sent with a notification and its receipt must be monitored.

You can involve a lawyer in this case who will represent the interests of the heir in his absence. After 6 months, the heir can receive a document on the right of inheritance. It can be general for all heirs or personal for each of them. What are the duties of a notary when registering an inheritance according to the law, are detailed in this article.

There are cases when the heir renounces his rights to property, then he can formalize his refusal in favor of other legal successors. They inherit part of it in equal shares.

If property is left under a closed will, then in order for it to come into force, you must write an application to a notary to claim rights to the property. And then the official must read the will to all interested individuals, but no later than 15 days from the date of receipt of the death certificate. The notary opens the envelope with the will in front of all the heirs, reads out its contents, and then draws up a protocol in which he indicates what is written in the will . Its copies are provided to all legal successors. The will itself remains with the notary, he is obliged to keep it.

The video explains how to register an inheritance after the death of a mother (apartment or house):

Possible registration costs

Taking over the property of a deceased mother requires certain material investments that will be needed when paying:

services of a notary or lawyer;
registration of property rights (apartment, transport, bank accounts, etc.);
property valuation;
state duties.

All of them are strictly stipulated in the legislation; if a notary demands additional investments, his actions can be considered extortion.

From this article you can learn how to inherit under a will.
How to register an inheritance for an apartment with a notary is detailed in the article.
This article specifies the procedure for assessing a car for a notary by inheritance: https://ruleconsult.ru/grazhdanskoe/nasledstvo/ocenka-avtomobilya-dlya-vstupleniya.html

Controversial and problematic situations

When there is only one heir, the apartment is in order, he lives there and no incidents happen, then the procedure is not particularly complicated. Unfortunately, this is the exception rather than the rule. Let's briefly look at the most common problem situations and how to solve them.

The apartment is not privatized. It is impossible to transfer such real estate by inheritance. The only option is to file a claim with the court with a request to recognize the apartment as privatized, after which it will be possible to inherit it.
Apartment with mortgage*. In such a situation, the entire balance of the debt must be paid by the heir. If there are several of them, then everyone is obliged to pay their share. Alternatively, the bank may approve the sale of the property. If any funds remain after the transaction, they will be divided between the heirs in the same parts in which the apartment was divided.

*Banks often require that an agreement be concluded with an insurance company in the event of the death of the debtor. In this case, the remainder of the debt (or a significant part of it) will be paid by the insurance company.

It is not always possible for heirs to agree among themselves who will own what share and what belongs to whom. With an apartment, everything is usually simpler, because the shares are determined by law and there can be no double interpretations here. However, some heirs may want to sell their share, while others want to live there. And they can’t always get along with each other. In such a situation, as in all problematic cases, you cannot do without the help of a lawyer. We will resolve all controversial issues, help with documents, tell you how best to carry out each of the steps, and ultimately you will become the owner of the entire apartment or part of it without the risk of losing everything.

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Partial entry

Is it possible to partially inherit? No. Partial acceptance of property is not provided for by law.

If the heir has filed an application for property rights, then all identified property is transferred to him in the order of inheritance. An exception is a share in property if there are several applicants for it.

The only option is to have several grounds for registration of inheritance. For example, a person may receive a share by will and by law. In this case, the successor may find himself disposing of the property and accepting it only by law.