How to obtain a certificate from the BTI to receive an inheritance?

A certificate from the BTI is a document confirming the inventory value of the apartment on the day of death of the testator, from which the amount of state duty payable for issuing a certificate of inheritance is calculated. You can obtain a certificate from the BTI by submitting the necessary documents.

Based on paragraphs. 5 p. 1 art. 333.25 of the Tax Code of the Russian Federation, in order to calculate the amount of the state duty for issuing a certificate of the right to inherit real estate, at the choice of the payer, a document indicating their inventory value can be submitted.

If there is no information on the inventory value of real estate as of the requested date, then the market, cadastral or other (nominal) value of the specified property may be used at the payer’s choice to calculate the amount of the state duty (notary tariff).

Legal assistance

Inheriting an apartment requires certain knowledge about collecting documents, procedural deadlines, appeal procedures and other nuances.
It is difficult for an unprepared person to immediately understand the procedure. Well, if the division of the inheritance is accompanied by squabbles between the claimants, then there is a great risk of losing part of the property altogether. Other heirs may retain property in their possession, hide documents, file complaints, and even falsify certain papers. It is very difficult to cope with a heap of problems alone. That is why you should not ignore contacting experienced lawyers. Have you encountered difficulties when dividing the apartment of a deceased relative? Leave a request to our lawyer and a specialist will contact you at a time convenient for you. Our experts provide free legal advice on inheritance. By stating your problem, you will receive the most comprehensive answer. The lawyer will advise what position is best to take in the issue of inheriting an apartment, you will find out what documents are needed in your case, what to do if the notary refuses and how to correctly draw up an application? Timely legal assistance will save you from illogical steps and loss of precious time.

Refusal of inheritance: registration procedure

Everyone has the right to decide independently whether to accept the inheritance or not. (debts for utilities, loan debt) can be inherited.

. When you want to give up your share in favor of other applicants, you need to decide on the form of refusal. There are two varieties of this procedure:

• targeted refusal, when a specific person is indicated to whom the inherited share of the bequeathed apartment should go;

• general refusal, in which none of the other applicants is indicated.

In both cases, the immediate responsibility of the notary is to study the documents and circumstances with the further correct distribution of shares. The heirs can only double-check all the data and, if necessary, clarify the new size of the share that they received.

Before refusing an inheritance, you should weigh everything carefully, since in the future you will not be able to redo anything - such a decision to cancel is very problematic, you need very good reasons. It happens that at first the heirs actually accept the inheritance, and later they need to give up the apartment they received. Such a procedure is only possible with the participation of judicial authorities.

BTI certificates for Moscow urgently

During this time, our employees have gained extensive experience in all areas of real estate documentation, which allows us to professionally solve the problems of our clients at the highest level.

We provide a full range of services, from collecting technical documentation to registering the transfer of rights to a real estate property, which allows us to give recommendations on documenting the property at the initial stage, whether it is the approval of redevelopment or entering the necessary information about the property into the State Real Estate Cadastre.

Also, our company’s employees will prepare a redevelopment project, a technical report on the condition of the load-bearing structures, the admissibility of the completed redevelopment, with further approval of these documents.

A significant advantage of cooperation with BTIINFO is the fact that you do not have to come to our office (therefore adjust your plans for work or personal life), all issues can be resolved in a place convenient for you.

Territorial bureaus are divisions of the Moscow City BTI, the main function of which is the collection and storage of information for each of the Moscow buildings.

The main goal of the applicants is to obtain information about the inventory value of the apartment, floor plans and explications.

The sequence of accepting an apartment as an inheritance

The procedure for accepting an inheritance is established by regulatory legal acts (Article 1152 of the Civil Code of the Russian Federation).
The sequence of actions of the legal successor should be as follows:

1. Visit to a notary.
2. Acceptance of inheritance.
3. Payment of state duty.
4. Obtaining a certificate of inheritance.
5. Registration of transfer of ownership.

Reference!
The notary must be contacted within 6 months after the death of the testator (Article 1154 of the Civil Code of the Russian Federation). Otherwise, heirs of another line will be able to claim the property. If the legal successors do not appear, the apartment will become the property of the state. Inheritance can occur by law or by will. In the first case, the relatives of the deceased become legal successors. There are several lines of heirs. The closer the relationship, the greater the chance of receiving an inheritance from relatives.

Any citizen or legal entity can become legal successors under a will. The inheritance case is opened in the office where the document was drawn up.

How to get a certificate from the BTI for inheritance

Currently, BTI operate in Russia in the form of state unitary enterprises and municipal unitary enterprises. In 1918, real estate accounting was transferred to the NKVD of the RSFSR, where a department of local (later communal) services was created, and in 1921 - the Main Directorate of Communal Services ( GUKH) NKVD. Resolution of the Economic Conference of the RSFSR “On approval of the Regulations on the inventory of property of local councils” on May 21, 1927 (SU, 1927, No. 55, p.

379) provided for state accounting to be carried out using a unified methodology by all technical inventory organizations united into a single system. The inventory of property should have ensured the identification of its ownership, a description of the main features, determination of the technical condition and assessment.

What documents does the BTI handle?

At a notary, specially trained secretaries usually answer by phone that come, we’ll explain everything on the spot, but you tell them that you have a long way to travel and it’s better to discuss the price over the phone, and also discuss the availability of the necessary documents in advance by phone. Usually, for an inheritance you need to prepare the following papers: a statement written in person by a notary; the original death certificate of your relative; an extract from the house register of the deceased’s apartment; papers confirming your relationship (a copy of the page of the testator’s passport indicating the presence of children, and the birth certificate of your wife, which indicates that your deceased mother-in-law is her mother); information with data about other heirs (known to you); papers for the property you are inheriting (certificate of ownership or a recently issued extract from the Unified State Register of Real Estate). The most common inherited property is an apartment.

Division of property between heirs

If the testator assigned his property to several heirs without indicating shares, then it is divided equally between them.

The procedure for using indivisible property is determined:

1. By verbal agreement between the beneficiaries.
2. By written agreement between the heirs (Article 1165 of the Civil Code of the Russian Federation). The document will allow not only to determine the procedure for using the property, but also to redistribute the property. For example, to allocate a share in the interests of a co-owner while simultaneously compensating its value to the current owner.

BTI inquiries

Extracts from the technical passport of the BTI contains information about the BTI, and not about the object itself Certificate of technical condition of the property and certificate in form No. 3 - for land plots Certificate in form No. 11 is necessary for owners of private houses Certificates of inventory value and address of the property Certificates At the written request of those who have the right to receive information from the bureau, you can obtain: Certificate in form No. 5 is a certificate about the condition of the building or structure as a whole. This certificate contains the following information:

• degree of wear;
• presence or absence of utilities;
• the date when this building was put into operation;
• dimensions for each floor

USEFUL INFORMATION: Establishing kinship during inheritance

Certificate in form No. 3 is necessary if the subject of the transaction is a land plot. Certificate in form No. 11 is necessary for those who are the owners of private households.

How to order a certificate from the BTI?

Attention

POWER OF ATTORNEY TO RECEIVE PENSION

• Passport of the person issuing the power of attorney (principal);
• Information about the representative for whom the power of attorney is issued (in accordance with the passport);
• Details of the Sberbank branch, account number, or details of the post office where the principal receives pension payments.

4.4. POWER OF ATTORNEY FOR VEHICLE

• Passport of the person issuing the power of attorney (principal);
• Information about the representative for whom the power of attorney is issued (in accordance with the passport);
• STS - vehicle registration certificate;
• PTS - vehicle passport.

4.5.

Types of BTI documents and their validity periods

• technical certificate;
• floor plan;
• explication (Form No. 22 or Form No. 25);
• certificate of inventory value;
• certificate of registration at this address;
• land plan;
• certificates according to Form No. 3, No. 5, No. 11;
• extract from the technical passport;
• extract from the BTI;
• certificate of redemption value, etc.;

If you are going to build a new partition in your apartment or combine rooms, then you need to order a technical passport from PIB in advance. It contains a floor plan with an explanation and an address plan. The technical passport has text and graphic parts. A floor plan is a certificate that shows the floor plan of a building. The document has an addition, or explication, where the dimensions of the property are stated. The explication is valid for 1-5 years. The time frame depends on where you intend to submit the papers. The technical passport has an unlimited validity period, but, in accordance with Decree No. 921, the document must be updated every 5 years. An extract from a technical passport is a certificate that indicates the area of ​​the building, the number of floors, the materials from which the walls are made, and the year in which the house was put into operation. In the BTI this document is called “Form 1A”. There is also “Form 1B”, or an extract from the BTI. The validity period of these certificates is fixed and equal to 12 months. A certificate of the value of a property determines the price of an apartment or house, taking into account its wear and tear. This figure does not coincide with the market price; it only fixes the residual value of the premises. As a rule, this certificate is required by notaries in order to formalize an agreement or inheritance. The validity of the certificate does not exceed 1 month. If you want to donate or sell an apartment, it is not necessary to provide this information to a lawyer. In order to carry out operations with a land plot, there is a need for a certificate “Form No. 3”. “Form No. 5” specifies the infrastructure of the building (are there communications for normal human life), the year of commissioning, the dimensions of the premises by floor, and the wear and tear of the building. Certificate “Form No. 11” is provided to owners of private houses. This PIB document is valid for 10 days. Form No. 11 is required if you intend to use the attic as living space. Due to the frequent renaming of streets, a request for an address identification certificate may be required. In order to draw up a lease agreement for premises with a subsequent right of purchase and an agreement for the purchase and sale of an apartment with installment payment, you must order information about the purchase price from the design and inventory bureau. The certificate is valid for 6 months.

Is it possible to challenge a will?

Until the death of the person who made the will, it is impossible to challenge his will

, since this is a voluntary unilateral transaction, the terms of which the author of the document, as long as he is alive and able to work, can change at any time. A will comes into force only after it is officially recorded that the person is no longer alive. It is theoretically possible to challenge a will for an apartment, but for this you need to give very compelling reasons and it is worth enlisting the support of an experienced lawyer who will collect evidence, build all the arguments and correctly place the emphasis so that the court recognizes the document as void.

A claim can only be filed by close relatives of the deceased, and if there are none, other heirs to whom the property could pass under the law of inheritance.

If we are talking about an apartment, those who live in it and do not own other real estate get an advantage. The easiest way, if there is evidence, is to recognize the heir mentioned in the will as unworthy.

In this case, you should remember that there is a statute of limitations. If the evidence is based on the fact that the person to whom the apartment was ultimately bequeathed threatened the testator, harmed him and exerted all kinds of pressure, this period is calculated as one year. A three-year period for filing a claim is given if there is a need to recognize the incompetence of the testator or if there is previously undetected evidence of the nullity of the will.

List of documents for a notary

OOO;

• A document confirming that the authorized capital of the Company has been fully paid;
• Seal of the Society;
• For large transactions: decision (protocol) of the authorized body on approval of the transaction;
• For small transactions: a letter signed by the executive body and the chief accountant confirming that the transaction is not large for the LLC;
• For interested party transactions: decision (protocol) of the authorized body on approval of the transaction;
• For transactions that are not interested party transactions: a letter signed by the executive body confirming that the transaction is not an interested party transaction for the LLC;
• Consent of the Federal Antimonopoly Service, another authorized body to complete the transaction, or a letter signed by the executive body and the chief accountant stating that such consent is not required.

2.4.

Where to submit documents for inheritance

Very often you can come across the question of how to enter into an inheritance after collecting documents? The answer is obvious: go to the notary’s office where the deceased lived. Next, you should find out which notary is in charge of the inheritance case and transfer the collected documents to him.

Documents for inheritance are submitted in a single folder. An application for entry or a statement of refusal is attached along with the folder. Compliance with all rules serves as the basis for the acceptance of documents by the notary. Based on the results of consideration of the inheritance case, he issues a certificate of the right to inherit. With this application you can go to the registration authority (for example, the Cadastral Chamber).

USEFUL INFORMATION: Terms of inheritance by law after the death of a relative

Features of a will

A will is a document that reflects the will of a person to transfer his property after his death to the persons specified in the document.

Expert commentary

Shadrin Alexey

Lawyer

It is customary to draw up a will at a notary, then the document will take on official status. Moreover, the document can be changed or canceled completely while the person is alive. If there are several versions of a will, the document that is most recent is considered valid.

According to Article 1126 of the Civil Code of the Russian Federation, two types of testamentary dispositions, open and closed, are allowed:

1. The closed will, sealed in an envelope with the seal of the notary, is transferred to him for safekeeping. At least two disinterested witnesses must be present during this action. The envelope containing the will is opened in the presence of the heirs after the death of the testator. Until this moment, they do not know the contents of the document.
2. An open will is handed over to the testator after it is signed by a notary. He can make copies of it and give it to his heirs for review. He is not obliged to familiarize the heirs with the contents of the will. At the same time, for the convenience of registering an inheritance after his death, it is better if the heirs know that there is a will and it was drawn up by a notary designated by the testator.

What documents are needed for a BTI certificate?

Before visiting the center for the provision of state and municipal services, you need to collect a package of documents, without which any certificate will not be issued.

• Application for receipt (to be completed on site)
• Civil passport of the Russian Federation from the applicant
• If a third party applies to the MFC, a power of attorney certified by a notary is required.
• If the certificate is issued on behalf of a minor, an original birth certificate is required
• If you are married, the original certificate of registration
• If you are entering into an inheritance, a document confirming this, such as a will.
• Receipt for payment of the cost of the certificate (can be paid on the spot)

Photocopies of the above documentation may be required, but there is no need to worry, as a rule, all MFCs are equipped with copying equipment, and employees are willing to meet you.

After you fill out the application and hand over all the necessary papers to the specialist, you will be given a statement of acceptance of the documents, it will contain an application number by which you can track when the certificate is ready.

Questions from our readers

Is it possible to register an apartment as an inheritance after 6 months?
After 6 months, you can register ownership of the apartment if the deadline was missed for a good reason (long-term illness, business trip) or the successor did not know about the opening of an inheritance case. The procedure is carried out through the court. The heir must submit an application within 6 months from the date when the reasons for which the deadline was missed disappear.

Registration of ownership of an apartment after the period established by law is permitted if the successor has actually accepted the inheritance (Article 1153 of the Civil Code of the Russian Federation).

This is possible subject to the following conditions:

• living in the same apartment with the deceased;
• the successor assumed the costs of maintaining the property;
• payment of debts of the testator;
• receiving money that was owed to the deceased.

Attention! If the heir is registered in the apartment and has actually accepted the inheritance, he can receive a notarial certificate at any time without trial. He needs to contact a notary, and then Rosreestr.

Is it possible to register ownership of an apartment through State Services?

It will not be possible to submit an application for a certificate of inheritance or registration of property rights through the State Services. But the portal contains detailed information on how to get the service.

Calculation of state duty

The amount of the state duty is calculated as a coefficient of the estimated value of the inheritance and is determined depending on the degree of relationship of the heir.

Relatives of the first degree (children, parents, spouses) are required to pay 0.3% of the price of the property to the budget, but the amount of the fee should not exceed 100,000 rubles. More distant relatives transfer 0.6% of the estimated value of the inheritance, but not more than 1,000,000 rubles.

There are categories of citizens who are legally exempt from paying state duty when entering into an inheritance. According to paragraph 5 of paragraph 1 of Article 333.38 of the Tax Code, this is:

• minors;
• citizens who lived with the testator;
• heirs of property of persons killed in the line of duty;
• heirs of bank deposits and insurance amounts.

In conclusion, I would like to note that when choosing the type of property valuation of inherited property, the heir should first of all strive not to minimize the amount of state duty, but to obtain a document with the real and objective price of the property.

Exemption from duties for certain categories of citizens

The fee provided for by the Tax Code of the Russian Federation for registering ownership of an apartment with a notary is not payable by all citizens who received real estate under a will.

The law lists citizens exempt from paying tax. These include:

• persons who lived permanently with the testator until he died and after the death of the owner;
• persons who are not adults at the time of the death of the testator;
• incompetent citizens in need of guardianship;
• persons who have the status of Hero and have received the highest awards of the Union and Russia;

Citizens with disabilities of groups I and II are exempted by half from paying the fee.

Important! Since the beginning of 2006, for citizens who received an apartment under a will, the previously provided tax was completely abolished. This resolution is reflected in Article 217 of the Tax Code of the Russian Federation.

How to order a certificate from the BTI?

Each statement costs about 300 rubles and is valid for 30 days. The certificate is prepared within 2 weeks. 7. Identity card (passport from 14 years of age, birth certificate of children) (original for presentation and a copy). For a passport, copies of the following pages: The BTI certificate of value has a validity period of one month. It determines the residual value of the property, which differs from the market price. It is in demand mainly by notaries when drawing up contracts or during hereditary transfer. Owners of private houses, when equipping an attic in a residential premises, are issued a certificate in form No. 11 valid for 10 days. To clarify the list of necessary BTI certificates specifically for your case, please contact our specialists for advice. We will help you issue any types of BTI certificates in the optimal time frame, with a guarantee of a successful result by the agreed date. BTI BTI certificates need to be prepared:

1. Passport of the owner of real estate.
2. Certificate of ownership of a real estate property.
3. A notarized power of attorney from the owner of the property, if it is not the owner who is preparing the documents.
4. A request made from a notary when it comes to inheritance.
5. For a legal entity, an additional letter of guarantee will be required.
6. Renters will require a balance holder visa.
7. Birth or death certificate (may be needed when registering an inheritance).
8. Certificate of marriage or divorce.

To obtain the desired paper, the owner or authorized representative must personally appear at the inventory office and draw up an application indicating the purposes for which the certificate is needed (registration of inheritance, rent, sale, donation).

Is it necessary to re-register property received under a will?

Article 131 of the Civil Code of the Russian Federation states that rights to an apartment, house, share in residential premises and other real estate must be registered in the state register.

There is no indication in the regulations that the heir is obliged to re-register the residential premises in his own name within a certain period of time. After the notary has issued the certificate, the citizen can postpone the application to Rosreestr for an indefinite period.

At the same time, the new owner will not be able to sell, donate or mortgage the inherited apartment until he officially registers it in his name.

Deadlines

If the six-month period for filing an appeal has expired, and the heir has not had time to declare his rights for good reasons, he has the right to file a statement of claim with the court with a request to establish the legal facts that relate to the inheritance case. This may be establishing the fact of family ties with the deceased, establishing the actual acceptance of the inheritance.

Often heirs cannot receive property due to the fact that the fact of the testator’s death is hidden from them. Such disputes are also resolved in court.

A claim can be submitted in one of the following ways:

1. In person through the court office.
2. By mail, sending a letter to the legal address of the court with a notification letter and an inventory of the contents.

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Within 5 days, the judge considers the application and makes a decision - to accept the case for proceedings or leave it without progress.

The court decision comes into force 10 days after its adoption. But it can be challenged by interested parties in higher courts.

A trial can be avoided. To do this, it is necessary that all legal successors write a written consent to include the new applicant among the heirs. If certificates of inheritance rights were issued earlier, they are canceled and new ones are issued taking into account the redistribution of shares.

Contacting a notary

Having collected the necessary documents, you should contact a notary. If the applicant for housing was permanently registered with the deceased and there are no others registered, you can safely live in the apartment and apply for longer than established.

If there is no permanent registration, you need to contact a notary. He will establish the presence of other applicants, the composition of the inheritance and the grounds for receiving it. A certificate that the applicant has rights to inherit is issued no later than six months from the date of death of the heir or from the date of the court decision that he is declared dead.

If these deadlines are missed, legal action must be taken. There, the application is considered for five working days and a decision is made on whether to open the case again or not. The decision will be implemented in ten days.

The course of the trial may be affected by the grounds for deprivation of inheritance, lack of privatization documents, loans and arrests on housing, and the presence of other applicants.

The applicant is deprived of the right to inherit if:

• attempts or committed illegal actions against other heirs;
• failure to fulfill the last will of the deceased as specified in the will.

If there is no will, deprivation of the right of inheritance is possible under the first point.

How to order a document online?

Not long ago, it became possible to obtain a BTI certificate through the State Services website by first submitting an application. Unfortunately, at the moment this opportunity is available in most cases only to residents of large cities. But very soon residents of small towns and villages will be able to use this service.

The Gosuluga website allows citizens to save their time and not have to wait in queues for hours; to obtain a certificate, all they need is a PC and access to the Internet. Beginner users will be able to quickly master the portal, as it is clearly designed.

Not all BTI certificates can be purchased through the website. It is possible to apply only for the following documents:

• registration certificate for the immovable object;
• act confirming the address of the object;
• floor plan;
• document about the value of the property.

To obtain a certificate, you need to write an application on the portal. The main disadvantage of obtaining a certificate via the Internet is that the time required to acquire the document increases.

You'll have to visit the BTI in person. If the city is on the list, then you can safely write an application. It contains the same information as in a regular application. After filling out the application, you must pay a state fee. After the state fee is received into the account of the State Services portal, the application will be put into the queue for consideration.

It is worth remembering: that most BTI certificates have a validity period, and it varies depending on the specific form. Carefully calculate the moment for issuing the document; if the deadline is overdue, you will have to pay again for a second certificate.

Independent expert services

On average, a certificate from the BTI for registration of an inheritance costs from several hundred rubles. However, in practice, you have to pay amounts different from state duties. The faster documents are required, the more you need to pay. Sometimes heirs try to pay more in order to obtain a certificate in spite of illegal redevelopment, but in this case problems are possible at the stage of registering rights to all property.

To complete the documentation, you can contact an independent appraiser. He will work quickly, but you will have to pay for it: both for visiting the site and for preparing the assessment. In addition, a private appraiser will not undertake the preparation of documents for illegal redevelopment.

Validity period of a certificate from the BTI for inheritance

MFC, and write a corresponding application, to which attach a package of documents. Who can receive information about real estate stored in the bureau can be provided to:

1. The owner of the premises.
2. Tenant under a social tenancy agreement.
3. Heir to real estate.
4. To the representative.

To confirm his right to receive information, for this he must present the following documents to the bureau employee: A passport is presented by any applicant A certificate of ownership or an extract from the Unified State Register only the owner of the premises A social tenancy agreement for the tenant of the property A certificate of inheritance for the heir A notarized power of attorney for the representative What documents Issues BTI The Bureau produces and issues to applicants many different certificates and extracts. All of them are necessary to perform certain actions with a specific object.

According to it, it was established that the provisions of Article 31 of the Federal Law of July 1, 2005 N 78-FZ “On the invalidation of certain legislative acts in connection with the abolition of the tax on property transferred by inheritance or gift” apply to legal relations that arose from 1 January 2006. President of the Russian Federation V. Putin. Notaries also made concessions and began to require a certificate of the value of the home on the day of death of the testator according to the BTI ASSESSMENT, and not at the market value. If, nevertheless, a certificate of the market value of the apartment is required, then to order such an assessment it is necessary to provide the appraiser firm (which has the appropriate license for the right to evaluate real estate) with documents on ownership of the apartment, an explication, a death certificate, a floor plan and an estimate of the book value of the apartment from BTI. Addresses and telephone numbers of such companies can be found on the Internet.

Inheritance procedure Required documents:

• death certificate;
• certificate of all persons registered in the apartment;
• heir's passport;
• confirmation of the degree of relationship: birth certificate, marriage certificate, etc.;
• list of possible heirs;
• a document confirming the right to ownership of property of a deceased person, that is, paper on the basis of which he was the owner of an apartment or house;
• a certificate of explication and a certificate of the value of real estate - taken from the BTI;
• extract from the Unified State Register;
• certificate of absence of arrears in payment of utility services.

If available, a will is attached to the package of documents. Without it, acceptance of inheritance and entry into rights is possible. Without all the other documents, it will not be possible to confirm the right of inheritance.

What to do if a will is declared invalid

If a document signed by the testator cannot be used to distribute property, then the norms of the Civil Code of the Russian Federation are applied. Items will be divided into shares among relatives of the same line in accordance with the degree of relationship. At the same time, you also need to submit applications to a notary.

To understand what to do to accept an inheritance, you need to study the norms of Chapter 62 of the Civil Code of the Russian Federation. Relatives of the deceased must submit written applications to the notary working at the place of residence of the deceased. To do this, they have six months from the date of death of the owner of the property.