Who will get the municipal apartment after the death of the tenant?

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Despite the privatization that has been going on for almost 25 years, many citizens currently live in apartments belonging to the state housing stock of various levels.

A non-privatized apartment cannot be inherited.

Can relatives of a deceased council tenant claim any rights to this property?

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Is it possible to bequeath a non-privatized apartment?

The owner of the property can assign the apartment to his relatives or third parties. If necessary, you can bequeath property to an enterprise or the state. The only condition is that the property must belong to the citizen by right of ownership, i.e. in the presence of a certificate of ownership or an extract from the Unified State Register of a new sample (Article 218 of the Civil Code of the Russian Federation).

This means that if the apartment is not privatized, then it cannot be bequeathed.

A similar rule applies to common shared or jointly acquired property by spouses. The owner can only dispose of his part (shares) of the property.

Social tenancy agreement

The standard form of the DSN is contained in the Decree of the Government of the Russian Federation dated May 21, 2005 No. 315.

This document must contain information about the housing provided, the persons moving into it, and establish the scope of authority of the parties.

Changes to existing agreements are made in accordance with the norms contained in the Housing Code of the Russian Federation:

1. Tenants of premises in communal housing, under separate contracts, are given the right to draw up a common document for the premises they occupy if they have become members of the same family (for example, got married).
2. If there is the consent of the apartment residents and the authorized body, the social tenancy agreement can be reissued to any of the legally capable residents; a similar rule applies in the event of the death of the tenant.

The agreement on social rental of an apartment is terminated:

• By agreement between the parties;
• In case of gross violation of the terms of the contract by the employer;
• When the use of the premises is impossible due to the demolition or reconstruction of the house, seizure of the land plot (in such cases, another apartment is provided under a new contract).

Termination of the LTO at the initiative of the body providing housing is possible only in court.

What to do if the property is not privatized?

Such property cannot be inherited due to its status - it is municipal property. Residents are only assigned the right to use the property (Article 7 of Law No. 1541-1 of 07/04/1991).

If the employer (tenant) has submitted an application for privatization of housing and has already begun to prepare the necessary documents, the housing can be assigned to the heirs in the event of sudden death.

Why is this allowed? It's all about timing - checking and processing documents takes at least two months, which means the procedure is delayed through no fault of the applicant (Article 8 of Law No. 1541-1).

Is it possible to inherit a non-privatized apartment?

The Supreme Court granted citizens the right to inherit real estate that is in the process of registration (Resolution of the Plenum of the Supreme Court No. 8). The main criterion is the presence of documentary evidence of the citizen’s will regarding the privatization of the object.

If a citizen has submitted an application and entered into an agreement on privatization, his relatives (heirs) can inherit.

However, they will have to go to court to recognize ownership or include the apartment in the inheritance.

Terms of registration of privatization

Privatization, of course, is an additional legal process that takes some time. However, it is quite possible to start privatization within the six-month deadline for re-registration of the inheritance. Inheritance of non-privatized housing refers to the third, sometimes even fourth degree of complexity in conducting inheritance cases. That is why the process must begin immediately after the date of potential opening of the inheritance. When the design was launched under the former owner, there is a much greater chance of meeting existing standards. If privatization took too much time, the six-month period can be extended through the court.

Grounds for inheriting housing

The only basis for accepting housing as an inheritance is the submission of an appropriate application by the responsible tenant (he is the main participant in the transaction for the transfer of a municipal apartment for citizens to live in):

• If the tenant with whom the social tenancy agreement has been concluded has not begun the procedure for transferring the housing into private ownership, the relatives will not be able to inherit the apartment.
• If it turns out that the application for privatization is withdrawn by the testator, the right of inheritance for the relatives of the deceased citizen also does not arise.

Thus, a lot is connected with the actions of the testator himself - it depends on him whether the heirs will be able to register non-privatized housing as private property.

Where to go

The main transactions related to the registration of non-privatized inheritance take place with the direct participation of a notary. Of course, the case of inheriting non-privatized residential property will not be an exception. However, before delving into working with a notary’s office, you will have to submit documents to the property registration authorities. The registration chamber is precisely such an authority.

According to paragraph one of Article 1154 of the Civil Code, after submitting a complete package of papers about a non-privatized object to the registration chamber, reviewing the documents, recognizing all as valid, the closest relative himself can begin to play the role of an employer instead of a testator.

He will have this status until he completes the procedure for transferring ownership. As a rule, it is much easier to privatize an apartment after the death of the owner for those relatives who actually lived with the former owner. If the registration chamber refuses to give the go-ahead for privatization, and the case takes a judicial turn, you can always provide witnesses who will prove the fact of cohabitation, therefore, the moral right to own residential property.

We recommend reading: How to register an inheritance for an apartment after the death of your mother

If the apartment is not privatized, who has the right to inheritance after death?

The primary claimants to the assets of a deceased relative are children, parents, and spouse. The order of inheritance can be changed using a will. The testator is allowed to determine the composition of participants and the size of shares of the property of recipients (heirs).

However, we should not forget about socially vulnerable citizens. Such persons are entitled to a mandatory share of the inheritance (Article 1149 of the Civil Code of the Russian Federation). Initially, this includes the minor children of the testator. The rule applies not only to blood children, but also to adopted children.

The law also protects the interests of disabled parents, spouses and dependents of a deceased citizen. The will must not infringe on the interests of these persons. The exception is the recognition of the heir as unworthy—in other words, as a violator of the terms of inheritance. If there is a court decision, such citizens are excluded from inheriting the property of the testator, regardless of the rule on the mandatory part.

How to receive a non-privatized apartment according to a will?

To exercise his right to inheritance, a citizen needs to contact a notary. If the ownership of the home is not formalized, the heirs will be denied a certificate of inheritance. The notary will invite the relatives of the deceased person to go to court. Moreover, it does not matter whether a testamentary disposition was drawn up or whether it is missing. When preparing a statement of claim, you must be guided by the provisions of the Code of Civil Procedure of the Russian Federation and the clarifications of the Plenum of the Armed Forces of the Russian Federation. Today there is positive judicial practice on issues of inheritance of non-privatized property.

Can I file a claim right away? Initially, you need to contact a notary so as not to miss the deadline for accepting the inheritance - 6 months from the date of opening of the inheritance . At the same time, you can file a claim, since non-privatized housing may not be the only object of inheritance. The purpose of going to court is to include housing in the inheritance. If the applicant turned to the notary on the eve of the expiration of the deadline and received a reasoned refusal to issue a certificate of inheritance, you can immediately file a claim for recognition of property rights.

Order and procedure

Interested parties need to prepare documents. The statement of claim is filed at the place of residence of the deceased employer. Civil cases are heard by magistrates and district (city) courts.

The application is made in writing, accompanied by evidence of the stated facts. The defendant is the state represented by the municipality. When filing a claim, you must also pay a state fee (see below).

Procedure:

1. Establish the fact of death of the apartment tenant.
2. Contact the registry office for a death certificate.
3. Make an appointment with a notary, provide documents, a will.
4. Receive a refusal to issue a certificate of inheritance.
5. Go to court with a claim to include the property (non-privatized apartment) in the inheritance.
6. Attend court hearings and read the decision.
7. Take the court writ of execution to the notary's office.
8. Complete the inheritance procedure.

Statement of claim

Below is a typical sample claim. If necessary, you can add relevant sections and circumstances.

Required documents

A package of documents must be attached to the statement of claim. The documents must clearly support the stated claims. Minimum list of papers:

• a copy of the statement of claim;
• death certificate of the employer;
• evidence of relationship with the deceased citizen;
• housing privatization agreement with the local administration;
• act of transfer of real estate;
• notarized application for inheritance;
• motivated refusal of the notary;
• appraisal document on the value of the property;
• proof of payment of state duty.

The list of documents is not exhaustive. If there are additional participants or circumstances, it can be expanded. The main thing is that the papers are relevant to the case.

Expenses

The basic cost item is state duty. This must be paid before filing a claim. The receipt is attached to the package of documents and the claim. The absence of a bank document may lead to refusal to accept the application (Articles 134-136 of the Code of Civil Procedure of the Russian Federation). The amount of the fee is calculated based on the value of the disputed property. In this case, the amount of the state duty consists of two parts (fixed rate + percentage of the difference in indicators).

Example. The testator wrote 2-room. a non-privatized apartment for his daughter. According to Rosreestr, the inventory value of a share in real estate was 182,312 rubles. Calculation of the amount of state duty – 4847 (3200 + 1647) rubles.

How to inherit a non-privatized apartment according to the law

The procedure for applicants is the same as when inheriting non-privatized housing under a will. The only difference is the absence of an order that determines the range of applicants. When inheriting by law, the primary heirs are children, parents, and living spouse.

Order and procedure

The heirs of the deceased citizen need to visit a notary and submit an application. If the property is not privatized, the heirs will be denied a certificate. After this, you can begin to prepare papers for the court.

The procedure for entering into inheritance according to the law:

1. Collect documents confirming the fact of relationship with the deceased.
2. Visit a notary, write an application.
3. If you refuse, prepare for the trial (file a claim, collect documents, pay the state fee).
4. Attendance at court hearings, receiving the final court decision.
5. Repeated application to the notary for the issuance of a certificate.

Statement of claim

When going to court, you need to briefly outline the circumstances of the case. One of the points of the claim is a description of the fact of filing an application with a notary office. The claim will need to be accompanied by a reasoned refusal from the notary. Additionally, you need to refer to Resolution of the Plenum of the Supreme Council No. 8. The Supreme Court has already considered similar issues. Also, do not forget to display the value of the disputed object. Based on this, the amount of state duty is calculated.

You can download a sample statement of claim from the section above.

Required documents

The same documents as in the previous section are attached to the statement of claim. Only the will of the deceased is excluded from the list.

Expenses

When filing a claim, you must pay a state fee. It is calculated based on the cost of the claim . To determine the amount of the fee, you must contact Rosreestr for assessment work. You can also obtain information on the official portal of the government agency.

The most convenient way to calculate the amount of the state duty is on the website of the judicial authority - the calculation calculator will allow you to determine the nature of the dispute, the stated requirements and the amount of the state duty that follows them.

Important Rules

All inheritance relations are regulated by law. In particular, the Civil Code of the Russian Federation, Chapter 61 “General Provisions on Inheritance”, Chapter 62 “Inheritance by Will”, Chapter 63 “Inheritance by Law” and Chapter 64 “Acquisition of Inheritance”.

Thanks to this, you can be completely calm about the procedure for receiving an inheritance, because in any case, the law and the court are on your side.

The Civil Code provides for 5 stages of persons who are heirs of the deceased.

Let us consider in detail these sequences, which are successors:

1. Children, spouse, parents.
2. Brother, sister, grandfather and grandmother.
3. Dear uncle and aunt.
4. Those persons who lived in the same family (dependents).
5. The rest are distant relatives.

In order for the law to recognize a dependent as an heir, it is necessary that he be disabled, live with the testator and be his supporter.

This by law includes:

• men over 60;
• women over 55 years of age;
• persons with disabilities;
• descendants under 16;
• children who study at a university under 18 years of age.

In the event of the death of a citizen whose apartment has not yet been privatized, the court will in any case protect the rights of the direct heirs.

Arbitrage practice

If there is proper evidence, courts periodically satisfy the claims of heirs to include non-privatized real estate in the inheritance. Also, the heirs are recognized with the right of ownership of housing. less than 6 months have passed on the date of adoption of the judicial act , then the court includes the property as part of the inheritance. After the expiration of the terms, the heirs are usually recognized as having ownership rights.

Possible disputes among heirs in court:

1. Reinstatement of missed deadlines for filing an application at a notary's office.
2. Establishing family ties with the deceased - for inheriting an apartment by law or by the right of compulsory share.
3. The exclusion of individual heirs from the general circle is due to the status of “unworthy”.
4. Accounting or exclusion of the property of the deceased from the inheritance.

Example. The court received a claim for recognition of property rights within the framework of inheritance. There were three applicants. The defendant was the Administration of the municipal formation of the Ulyanovsk region. The plaintiffs explained that after the death of their mother, an unregistered, non-privatized apartment was left behind. The will of the testator to privatize housing is confirmed by a statement. However, the woman did not have time to complete the paperwork. The case materials also included an agreement to transfer ownership of the living space. Due to the lack of a complete package of documents, the heirs cannot take over the rights. However, the deceased woman did not withdraw her application for privatization. The claims were satisfied. The plaintiffs were recognized as having ownership of the real estate (Decision of the Barysh City Court of the Ulyanovsk Region dated April 6, 2012, case No. 2-157/2012).

An entry in Rosreestr is made on the basis of a judicial act. Separately, a court decision is not a document of title to housing. This should be remembered when contacting Rosreestr to obtain an extract from the USRN (replaces certificates of ownership).

Is it possible for relatives of the deceased to use a non-privatized apartment?

If family members are indicated in the social tenancy agreement, then they have the same rights as the main tenant of the residential premises. Consequently, after his death, the relatives retain the right to use the property - living in the apartment under the same conditions. The testator's relatives can re-sign the social tenancy agreement in their name. The concluded agreement will serve as the basis for further privatization of the property.

Please note that family members will also have to re-register personal accounts to pay rent + utilities in a municipal apartment.

Relatives who did not live together with the tenant cannot enter into a social rental agreement and privatize an apartment, even if they are close relatives (wife, parents, children). It is believed that they are not entitled to a social apartment because they do not belong to the low-income category of citizens.

To re-register a social tenancy agreement, you need to provide a package of documents. This includes:

• previous agreement with a deceased citizen;
• passport;
• documents confirming the right to the occupied living space - an extract from the house register (archive).

Below is a sample application:

If the homeowner refuses to renew the social tenancy agreement, the relatives of the deceased citizen will have to go to court. To privatize housing you need to prepare the following papers:

• passport of a citizen of the Russian Federation;
• application for privatization;
• social tenancy agreement or old housing order;
• paper from BTI;
• an extract from the house register - about the composition of the family;
• an extract from Rosreestr indicating non-participation in privatization to date.

After checking the papers, an agreement is concluded with the applicant on the transfer of ownership of the property. After completing the necessary papers, the property becomes the property of the relatives of the deceased citizen.

When is it impossible to transfer objects from a deceased person?

You can privatize real estate that remains after the death of a citizen by concluding a social tenancy agreement. Only those persons who lived in the same area with the deceased do this. Other beneficiaries cannot do the same.

Domestic legislation provides for cases when objects cannot be transferred to the tenant. Such real estate includes premises:

• intended for residence in an official institution;
• provided in closed military camps;
• in dormitories;
• in emergency houses.