How to draw up a will for a house and land?

Which notary should I contact?

The legislation defines the forms and types of wills in Article 1124 of the Civil Code. The will-giver has the right to independently choose how to draw up a will for an apartment with a notary, and how the information will be reflected - in open or closed form .
In the first case, the notary also has the right to know who will get the property; he has the legal grounds to read the will. In the second situation, only the testator is aware of the points described in it. In accordance with Article 1126 of the Civil Code, a document is drawn up personally by an individual, placed in a sealed envelope, which is handed over to a notary in the presence of two witnesses. It contains signatures of the citizens present and information about the reception. The date, time, place, personal data (according to the passport) of the people present must be indicated.

In any case, when intending to make a will, the applicant applies to the notary at the place of registration . This specialist conducts his activities based on the territorial principle. It is possible to work at the location of the property.

For what property is a will drawn up and examples?

A will is written only for the property that belongs to the testator. This may include items purchased in the future. A citizen has the right to distribute his property in certain parts among his successors. It should proceed only from personal considerations.

The document is drawn up:

• for property classified as movable and immovable, for example, a will for an apartment;
• in relation to land allotment;
• for gold jewelry;
• regarding shares and deposits in a banking organization;
• for money.

The conditions for drawing up this act indicate that an executor of the will may be appointed. Such a person has obligations related to the transfer of property and control functions regarding the execution of testamentary assignments or refusals.

For example, when a testamentary assignment is used, the text looks like this: “I assign to my legal successors: Ivanova P.I. and Ivanova N.I. responsibility for maintaining my British breed cat Felix. The heirs must supervise and care for this animal throughout its life.”

If a testamentary refusal is applied, the text will be as follows: “I BEQUET: To my husband Petrov Ivan Nikolaevich an apartment located at the address: Kaliningrad, st. Vampilova, 5-12. A bank deposit in the amount of 500,000 rubles and interest on it - to Sidorova’s daughter Elena Ivanovna.

On Petrov I.N. assign the responsibility to provide opportunities for Sidorova E.I. live in the apartment specified in the will until the age of 35. If Sidorova E.I. When children appear, they also get the opportunity to live in the apartment and use it for its intended purpose.”

Who can bequeath an apartment to whom?

Any citizen who owns real estate and meets the requirements has the right to be a testator:

• the person has not been declared legally incompetent by a court decision;
• at the time of contacting the notary he was 18 years old;
• cases of drawing up a will from the age of 16 are not excluded if the teenager is emancipated (engaged in entrepreneurial activity, married, signed an employment contract);
• has an identity card (passport).

The applicant expresses his will based on his own desires, so his heirs are often not only relatives, but also people who are not related to him (friends, acquaintances, colleagues).

In accordance with Article 1116 of the Civil Code, the following persons have the right to act as recipients of inheritance::

• citizens who are related or do not have this status (including children conceived during the life of the will maker, or born alive after the start of the inheritance period);
• organizations operating at the time of death;
• state, subjects;
• municipal districts;
• foreign states and foreign companies.

There are categories of people defined by law who cannot be excluded from inheritance:

• children under 18 years of age;
• minors who have disabilities (limited due to health reasons);
• parents who are unable to work (retired, disabled);
• spouse of the deceased;
• people who were dependent on him.

Their right to inheritance is conditioned by their inability to support and provide for themselves.

Types of wills for real estate

A testamentary disposition is drawn up by a legally competent citizen and executed by a notary.

It can be open or closed. In the first case, the will of the testator is known to the notary and the witnesses present when signing the document.

If a secret will for real estate, the testator brings the written document, which, in the presence of two witnesses, is sealed in an envelope by the notary and kept unopened by the notary. The order can be opened upon receipt of the testator's death certificate from the heirs.

Pros and cons of a will for an apartment with an encumbrance

You can make a will with an encumbrance. For example, to obtain an apartment with an unpaid mortgage, the heir must make the necessary payments. Mortgage debts are inherited along with the apartment.

Mandatory care for a sick relative can be specified as a burden. You can also indicate the preservation of the right of residence in the apartment of a person.

If the heir does not consider himself capable of accepting such a will, he may refuse the inheritance. For example, if he does not have enough funds to pay off his mortgage. In this case, the real estate will go to the heirs by law.

Mandatory heirs of the apartment

Despite the presence of a testamentary disposition, part of the real estate may be received by a category of persons claiming an obligatory share of the inheritance.

Such persons include:

1. children of the testator who were under 18 years of age at the time of his death;
2. adult children of the deceased, but who are not legally capable and able to work (disabled children);
3. disabled and incompetent parents of the testator;
4. husband or wife of the deceased (disabled person or pensioner);
5. disabled and incapacitated dependents of the testator (guardians, grandchildren).

If the deceased did not leave a testamentary disposition, then his property passes to his heirs by law.

Possibility to appoint a guardian and a substitute heir in the will

You can indicate a second, “spare” heir in the document. Real estate is transferred to him in the event of the death of the main candidate.

The heir may be a person who has not reached the age of majority at the time of signing the document and entering into the inheritance. In this case, the testator has the right to appoint a guardian who will manage the property until the heir reaches legal capacity.

Documents for registration of a will

If a citizen decides to transfer an inheritance in the form of an apartment under a will to another person, he must submit the following documents to the notary :

• copy of passport;
• information confirming the fact of ownership of property (certificate of registration of ownership, extract from the Unified State Register of Real Estate);
• a certificate from a psychiatrist (the list of documents is included for elderly people over 70 years of age; the specialist must make sure that the person has the physiological ability to bear responsibility for his own actions);
• information about the citizens in whose favor it is intended to register an inheritance for an apartment under a will (their names, surnames, dates of birth, place of residence, contact information are indicated).

A will is drawn up regarding privatized housing . Apartments used by the owners under a social tenancy agreement should be registered as ownership with the consent of the administration.

What are the options?

Ownership of an apartment by inheritance is issued in different ways - there is no single method, it all depends on the situation. There are two methods - according to the law and by will.

The latter is considered the simplest, but for its implementation there must be a testamentary document executed by the previous owner during his lifetime.

This paper can be issued to the heir himself, or after the death of the testator, the heir is informed of its location.

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If the will is not signed, the inheritance takes place in accordance with the law. This right is provided for blood relatives or other close ones - spouses, adopted children.

To formalize the receipt of an inheritance in accordance with the law, they are guided by the order of priority. The first are sons and daughters, wife (husband), parents. Next come sisters, brothers (both full and not), grandparents (on mother’s or father’s side). The next ones are uncles and aunts (paternal and maternal). The further sequence looks like this:

• the fourth are the parents of grandparents;
• 5th – sons and daughters of nephews, sisters and brothers of grandfather or grandmother;
• 6th – children of cousins, sisters and brothers, grandparents;
• 7th – non-adopted children, in particular, stepsons or stepdaughters, as well as second spouses of parents (stepfather or stepmother);
• eighth - disabled persons, dependents of the deceased (in other cases, they inherit along with those who take turns, equally).

The procedure for succession in inheritance is, at first glance, simple. If the testator has children, a husband or wife, a mother or father, then they have the right to apply first to re-register the apartment in their name. If they are not there, the apartment should go to the second stage - to a sibling or brother, grandfather, grandmother. When there are none, the right goes to the third line, that is, aunts and uncles. And so on.

In this case, no preliminary preparation for the process is required. Property is distributed in equal shares among relatives of the same line - for example, children, spouses or parents. One of them can become an heir if the others formally renounce their part.

Inheritance by law is the most common issue in our country. This situation is typical for people whose death is not expected, who died tragically (in disasters, as a result of an accident). Often such situations lead to disputes between relatives. It happens that it comes to court, where everyone defends their rights.

The heirs under the will may be:

• individuals;
• children conceived by the deceased but not yet born at the time of his death;
• any organizations, including international ones;
• Russian Federation, any subjects.

An inheritance under a will cannot be issued by those who have been declared unworthy by the court. This could be any person who has committed criminal acts against the testator or other people entitled to inherit.

Correct drafting of a will for an apartment

The procedure for registering a will begins with the will-maker contacting a notary at his place of residence . He has the right to prepare the document before this moment so that a specialist can study it, assess its legality and certify it with his signature and seal.

The will is drawn up by hand or in print. It contains the following information :

• date (in words) and place of writing (city, locality);
• personal data of the applicant - his last name, first name, patronymic, date of birth, passport information (series and number, when and by whom it was issued);
• address of the apartment, which is inherited;
• personal data of the recipient - his last name, first name, patronymic, date of birth, passport information (series and number, when and by whom it was issued);
• additional provisions (special conditions for registering an inheritance, actions if the recipient refuses housing, methods of distributing property between legal heirs if necessary);
• if there are witnesses (in the case of a closed will), their surnames, first names, patronymics, dates of birth, and passport details are indicated;
• a note indicating that the will-maker has read Article 1149 of the Civil Code;
• number of sheets and copies, notification of the fact of transfer of one of them to the notary;
• compiler's signature.

If the owner cannot sign on his own, a person representing the interests of the applicant, acting under a notarized power of attorney, has the right to do so instead.

Rules for drawing up a testamentary disposition:

1. A document drawn up in writing and bearing the seal of a notary has legal force (an oral version or agreement is excluded).
2. A person’s will is stated personally by him or, if this is not possible, by an employee of a notary’s office, but upon completion it is read aloud.
3. Persons who are not interested in this procedure are invited as witnesses (relatives, friends, acquaintances do not have the right to perform this function). They are not incapacitated by a court decision; they are fully aware and understand the full meaning and essence of the contents of the document.
4. Unfinished real estate objects are also included in the inheritance estate; the applicant can dispose of them on the same basis as real estate available in Rosreestr.
5. Notaries or their close relatives cannot be heirs.

The testator has complete freedom to express his will, because is the owner of the property. After drawing up the document, he can adjust its provisions, delete them or add new clauses.

Video: Advice from a notary. How to draw up a will?

How to transfer an apartment to yourself

Such issues are dealt with by authorized bodies, in particular, the cadastral chamber or Rosreestr. Modern multifunctional centers and other companies can also help. Documents needed:

• will or certificates confirming kinship;
• a certificate from a notary stating that the apartment was inherited;
• passport, birth certificate;
• statement;
• EGRN-extract.

Deadlines for final re-registration vary. When contacting Rosreestr it will take from 5 to 10 days.

If you are planning a comprehensive renovation, it is better to start it after all the paperwork has been finalized. It is better to order such a service immediately, because some people find it unpleasant to be in the room where the deceased lived, especially if he was sick or was very close. For a complex renovation, you will need to meet mainly with the architect and manager.

They will approve the project, you will hand over the keys, and the company will take care of the rest. The foreman will monitor the workers and the progress of the work. All you have to do is come to the reception of the newly renovated apartment.

After this, you can move into the apartment yourself, rent it out to tenants, or resell it if you need money.

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Will for a share in an apartment

A home owner who wishes to bequeath his property to his heirs may be the owner of one or more shares in the apartment. In another case, he has the right to distribute parts of the residential premises to several recipients. After his death, the citizens indicated in the will will formalize the inheritance and become the owners of these shares. The consent of the other owners is not required in this situation. The procedure for drawing up a will for a share in an apartment with a notary is no different from the mechanism for drawing up a will for an entire apartment.

List of documents for bequeathing an apartment to a notary

The list of requirements for the execution of wills is specified in the Civil Code of the Russian Federation. At the stage of filling out the form, a citizen only needs to:

• present your passport to the notary;
• confirm legal capacity - this fact will be verified by a notary, including by request through the unified federal register of incapacitated persons;
• indicate which objects and things will be transferred within the framework of the will, and which of the heirs will be able to receive them - this can be done by presenting a ready-made document, or by dictating your will to a notary.

Find out more Valuation of property for inheritance

Note ! When drawing up a will, the notary has no right to check whether the property belongs to the citizen. Even if a testamentary disposition is made in relation to someone else's real estate, it can be challenged by the proper owner only after the death of the testator.

The law does not prohibit voluntarily submitting documents for the will of an apartment to a notary. It is usually necessary to describe as accurately as possible the objects that the heirs will receive. Since the Civil Code of the Russian Federation does not limit citizens when determining the content of wills, you can indicate there:

• cadastral characteristics of the object - purpose, number of floors, area, number of rooms, etc.;
• the presence or absence of encumbrances and judicial arrests (real estate under collateral or arrest can also be inherited, but recipients of the property will also have to accept the debts of the testator);
• a list of persons who will retain the right of permanent use and residence of real estate;
• other conditions for using an apartment or other facility.

Let's look at what documents are needed to draw up a will for an apartment, depending on its status and form of ownership.