Inheritance of an apartment in joint ownership

After the death of a relative, it is necessary to complete two legal procedures - to enter into inheritance rights and transfer the property to oneself. Each of them implies a number of features that are recommended to be dealt with in advance.

If you do not want to study inheritance law and legal processes on your own, please contact our company. We employ professionals with many years of practical experience. You can get legal advice on inheritance issues by phone or in the provided online form. A lawyer will answer your questions for free.

How to register an inheritance under a will for an apartment

To enter into an inheritance under a will for an apartment, you must complete the following sequential actions:

Acceptance of inheritance. To do this, you need to contact a notary.
Providing documents and applications.
Payment of state duty.
Obtaining a certificate of inheritance.

It is necessary to contact a notary to enter into inheritance rights within six months from the date of opening the inheritance case. As a rule, it opens immediately after the death of the testator.

To register, you need to contact a notary at the last place of residence of the testator. If there is no information about where he was located, the notary at the location of the apartment will handle the inheritance matter.

The notary will need to provide a passport, death certificate and will (if any). After finding out what is included in the inheritance mass and appraising the property, it is necessary to pay the state fee.

Based on the documents provided, if there are no impeding circumstances, the notary will issue a certificate of inheritance. It is issued six months after the opening of the inheritance case.

Before the certificate is received, the heir has the right to write a statement and refuse to receive the inheritance. Refusal is possible both in someone's favor and without specifying a successor.

How is a privatized apartment divided?

As a rule, if there were several participants in free privatization, they determined the shares by agreement and proportionally registered ownership in the Unified State Register of Real Estate. In this case, the inheritance includes only the share of the privatized premises that belongs to the deceased person.

However, to this day there are many agreements where such shares are not defined. The question arises: is it necessary to allocate the share of the deceased person in order to include it in the inheritance mass, and how to do this? The answer to this question is contained in Article 3.1 of Law No. 1541-1, which establishes that in this case the shares of the participants are recognized as equal. To calculate the testator's share, the notary will need a privatization agreement, where all participants are indicated.

In practice, there are situations when minors at the time of privatization, who were not included in the contract by their parents, later file a claim to have it declared invalid. However, the courts, as a rule, consider the statute of limitations to have expired, since it cannot exceed 10 years (Articles 181, 196 of the Civil Code of the Russian Federation) and refuse to satisfy the claims. Especially in cases where the plaintiff lived in the disputed apartment for a long time after its privatization, and could not help but know that he was not one of the owners.

Conclusions. Inheritance of a privatized apartment is carried out in the usual manner if the testator’s ownership of it or a share in it is registered in the Unified State Register of Real Estate. If there are people living there who have refused privatization, the heir does not have the right to evict them (they can do this voluntarily). The basis for registering residential premises in the name of the heir is a certificate of title issued by a notary.

Contact the notary's office (Strastnoy Boulevard, 7) to get clarification on the issue of inheriting a privatized apartment and the rules for registering it. Working hours are daily, including weekends and holidays.

How to inherit an apartment without a will

The procedure for inheritance without a will is determined by Art. 1145 of the Civil Code of the Russian Federation. In this case, the rule of order according to the degree of relationship applies. There are eight such queues in total:

Children, husband/wife, mom/dad.
Brothers/sisters, grandparents.
Uncles and aunts.
Great-grandparents.
Children of nephews and nieces, great-aunts/grandfathers.
Great-great-grandchildren, cousins, nephews and nieces.
Stepdaughters, stepsons, stepmother, stepfather.
Dependents of the testator.

If the testator has no relatives or dependents, the property is considered escheated and becomes the property of the state.

Line of succession by law

Regarding articles 1142-1146 of the Civil Code of the Russian Federation, legal heirs are grouped into 7 stages according to the degree of relationship with the deceased. If the testator did not leave a will, then the main claimants to his property will be the first-priority heirs. The entire inheritance is distributed between them - other successors will not receive anything.

If the deceased does not have heirs of the first stage, then relatives from the second stage become applicants, and so on. Let's consider which persons can claim to receive an inheritance in the order of legal priority:

The first priority is immediate family. We are talking about the parents and children of the deceased, his wife and grandchildren. Cohabitees and divorced spouses are not considered relatives under the law.
The second line is direct relatives. These are blood brothers and sisters, grandparents, nephews and nieces. Brothers can be either half-brothers or full brothers.
The third group includes cousins, aunts and uncles of the property owner.
The fourth line includes representatives of the third generation. We are talking about great-grandparents.
Fifth stage. This includes great-uncles and great-grandchildren.
The sixth line is cousins, aunts and uncles, great-grandchildren and great-granddaughters.
The last, seventh line includes non-blood relatives. These are the stepmother and stepfather of the testator, his stepdaughters and stepsons.

Mandatory heirs

The law provides for a special category of persons whose interests are necessarily taken into account when dividing the testator’s property. A compulsory heir cannot be deprived of his share in the estate, regardless of the last will of the deceased.

Regarding Article 1149 of the Civil Code of the Russian Federation, compulsory heirs include:

disabled dependents;
spouse or parents of the testator who are deprived of the ability to work;
minors or disabled children.

If the obligatory heir was not included in the text of the will, then he is entitled to half of the share that he would have by law. In the absence of a testamentary disposition, the obligatory heir receives the property in order of priority.

It is practically impossible to disinherit a legal spouse. By law, he is entitled to half of the jointly acquired property. Therefore, if the spouse was not specified in the will, he can defend his rights in court.

Documents for inheriting an apartment

So, let’s figure out what documents are needed to inherit an apartment. Initially, the notary will ask to present a general passport. After this, you will be asked to fill out an application of one of the following types:

On accepting an inheritance. Here is a request to accept the inheritance and a request to issue a certificate.
On the issuance of a certificate of inheritance. In this case, it is considered that the inheritance has already been accepted. You will need to list for which property a certificate is required.

The application contains the following information:

surname, name, patronymic of the parties (heir and testator);
the testator's last place of residence;
the will of the heir that he accepts the inheritance;
basis of inheritance – will, degree of relationship;
date of application.

The text of the application can also include information about other heirs and the composition of the inheritance mass. The completed application can be submitted in person, through a representative by proxy or by mail (the signature will first need to be certified).

In addition, the notary is presented with:

death certificate of the testator;
documents confirming the degree of relationship (in case of inheritance by law);
will (if any);
an extract from the personal account or house register as confirmation of the last place of registration of the testator.

Additionally, the notary will request information about real estate owned by the testator from Rosreestr.

Registration of the expression of will: procedure

The step-by-step instructions are as follows:

Determine the appropriate share of the apartment that is subject to inheritance.
Prepare the documents necessary to draw up a will.
Seek advice from a professional legal practitioner.
Pay the state fee, draw up a draft of the document, and attach a receipt.
Go to the notary at your place of residence and write a will for the apartment.
Check the correctness of notarial activities.

When making a will for a share in an apartment, two witnesses must be present. Their signatures and notarization are required.

Requirements for witnesses. These are capable, adult persons who are aware of what is happening.

At the notary

The text is written personally by the testator. Before endorsement, the notary reads the text aloud in front of witnesses. He warns those present about the responsibility for disclosure and the possibility of allocating a mandatory share. If the expression of will is closed, then in accordance with the procedure for drawing up a will, the papers for the share are sealed in an envelope, and the witnesses put their signatures on it. Registration marks of the notary, who is responsible for storage, are also entered. When the document is open, it is published in two copies, one of which is taken by the owner of the apartment.

In case of emergency

Sometimes situations arise when a person cannot appear at a notary’s office in person. Then they invite a notary to your home. But how to draw up a will in a hospital where there are no notaries nearby or on a ship where there are none at all? Documents for part of the apartment are desirable. It is necessary to refer in the text to this criterion for allocating an inherited share.

After writing the text in front of witnesses, who may be medical workers and team members, hand the document to the manager (captain) for signature. Each person present enters personal data - full name, position, address, information from their passport and work ID. This is necessary in case you have to prove that the apartment was transferred without coercion, and the testator was legally capable and understood the essence of what was happening.

Does such a document have legal force?

When drawing up a will without a notary, you need to know what the procedure for certifying the document in this case is. In a hospital, such powers are vested in the head physician. The rest of the staff, from the head of the department to the orderly, can only be witnesses. On a ship at sea, the required attribute is a visa for the ship's captain. This is the only way to dispose of privatized housing without the participation of notary employees. But at the first opportunity, the document is sent to the notary’s office, where it is stored until disclosure.

How much does it cost to inherit an apartment?

When inheriting an apartment, you will need to pay a state fee. It is calculated based on the value of the property:

0.3%, but not more than 100,000 rubles for the testator’s immediate relatives (children, husband/wife, parents, brothers/sisters);
0.6%, but not more than 1,000,000 rubles for all other heirs.

Individuals need to pay state duty only in the following cases (Article 333.38 of the Tax Code of the Russian Federation):

if they lived together with the testator and continue to live in the inherited property after his death;
if the property of a citizen who died during or as a result of carrying out a matter of national importance is inherited;
a bank deposit or funds are inherited;
the heir has not reached the age of majority;
persons suffering from mental disorders inherit property;
other cases provided for by current legislation.

You can get advice on inheritance issues from our lawyers. We will be happy to help you. Consultation is free.

Deed of gift or will?

I want to register 1/2 share of the apartment for my daughter. What is the best thing to do: draw up a will for inheritance or a deed of gift? What tax will she have to pay?

Your daughter will not have to pay personal income tax for any method of transferring a share in the apartment. Therefore, when choosing the option of registering a share for your daughter, you need to rely on other factors. Let's consider both options in more detail.

In general, the value of donated real estate is subject to personal income tax (Clause 18.1, Article 217 of the Tax Code of the Russian Federation). But if the donation is made between family members or close relatives in accordance with the Family Code (spouses, parents and children, including adoptive parents and adopted children, grandparents and grandchildren, full and half-blooded (having a common father or mother) brothers and sisters), no taxable income arises. In your case, the donation of a share in the apartment is carried out between a parent and a child. Therefore, when receiving a share as a gift, your daughter does not have to pay personal income tax.

She will also not have the obligation to submit a personal income tax return (if she has no other income that must be declared). This is confirmed by the Federal Tax Service of Russia in a letter dated 02/01/2013 No. ED-3-3/ [email protected]

Having become the owner of a share in the apartment, the daughter receives all the rights and obligations of the owner in relation to this share. In particular, she will have to pay property tax on it (clause 2 of Article 1 of the Law of the Russian Federation of December 9, 1991 No. 2003-1 “On taxes on property of individuals”). She will have the obligation to pay for utilities that accrue to her share in the apartment. As the owner, the daughter has the right to dispose of her share in the apartment. For example, she can sell it (clause 2 of article 246 of the Civil Code of the Russian Federation). At the same time, the remaining co-owners of the apartment will have a pre-emptive right to purchase this share (Article 250 of the Civil Code of the Russian Federation). If a daughter has debts, to pay them off, creditors have the right to demand the sale of a share in an apartment owned by the daughter (Article 255 of the Civil Code of the Russian Federation).

The legislation does not contain a requirement for mandatory notarization of a real estate donation agreement. Therefore, you may not have the contract certified by a notary (clause 2 of Article 163 of the Civil Code of the Russian Federation). From March 1, 2013, the real estate donation agreement is not subject to state registration (clause 8, article 2 of the Federal Law of December 30, 2012 No. 302-FZ). Only the transfer of ownership is registered. For this action you will need to pay a fee of 1000 rubles. (Subclause 22, Clause 1, Article 333.33 of the Tax Code of the Russian Federation).

Income in cash and in kind received from individuals through inheritance, with the exception of remuneration paid to the heirs (legal successors) of the authors of works of science, literature, art, as well as discoveries, inventions and industrial designs, are not subject to personal income tax (clause 18 of Art. 217 of the Tax Code of the Russian Federation). Thus, when inheriting a share in an apartment, the daughter will not have an obligation to pay personal income tax (letter of the Ministry of Finance of Russia dated July 26, 2010 No. 03-04-06/10-417). She also has the right not to file a tax return on income received from individuals through inheritance if she has no other income that must be declared (letter of the Ministry of Finance of Russia dated June 27, 2011 No. 03-04-05/7-449).

The execution of a will will not result in the daughter having ownership rights to a share in the apartment. She will become its owner only after the death of the testator and acceptance of the inheritance. Thus, you continue to remain the owner of the bequeathed share in the apartment.

The will must be executed by a notary (clause 1 of Article 1124 of the Civil Code of the Russian Federation). The state fee for certification of wills is 100 rubles. (Subclause 13, Clause 1, Article 333.24 of the Tax Code of the Russian Federation).

The daughter will become the owner of a share in the apartment on the basis of a certificate of inheritance. It is issued by a notary at the place of opening of the inheritance (clause 1 of Article 1162 of the Civil Code of the Russian Federation).

Currently, for the issuance of a certificate of the right to inheritance by law and by will to children, including adopted children, spouses, parents, full brothers and sisters of the testator, a state duty is charged in the amount of 0.3% of the value of the inherited property, but not more than 100,000 rubles. (Subclause 22, Clause 1, Article 333.24 of the Tax Code of the Russian Federation). Individuals are exempt from paying it if they lived together with the testator on the day of the testator’s death and continue to live in this house (this apartment) after his death (clause 5 of Article 333.38 of the Tax Code of the Russian Federation).

To register the transfer of ownership of a share, you will need to pay a fee of 1,000 rubles. (Subclause 22, Clause 1, Article 333.33 of the Tax Code of the Russian Federation).

What is better: a deed of gift or an inheritance for an apartment?

The main difference between these documents is that the deed of gift is executed by the donor during his lifetime, and the transfer by inheritance passes only after the death of the testator. The disadvantage for the owner is that in the first case he loses his ownership right after signing the contract. Very compelling reasons will be required to cancel a gift. However, what is a minus for the donor is a huge plus for the recipient.

A will in this sense is safer for the owner. In this format of transfer of property, the legal successor will receive it at its disposal only after the death of the testator, or rather six months after this tragic event. Another disadvantage for the recipient of the inheritance is that the testator can change his mind at any time and rewrite the text of the document. At the same time, a person deprived of the right to enter into an inheritance will not know anything - informing the heirs is not the responsibility of the testator (Article 1123 of the Civil Code of the Russian Federation).

Accordingly, a will is the safest and most beneficial for property owners. For the recipient, on the contrary, a deed of gift is preferable.

Types of real estate ownership

Like any other property, an apartment can be in common ownership with the definition of the share of each owner (shared), or without their definition (joint). The fundamental difference between them is as follows.

A person who owns a share in the right to an apartment can sell it, donate it, or include it in a will. It passes to the heirs by law in the general composition of the property.
Residential premises that are jointly owned cannot be divided, sold or inherited without the consent of the other co-owners.
To terminate joint ownership (convert it into shared ownership), you need to draw up an agreement on the allocation of shares through a notary or obtain a court decision.
A participant in shared ownership can allocate his share in kind, and a participant in joint ownership must first determine it and only then allocate it.

After the death of a participant in joint ownership of a privatized apartment, the shares of each owner are determined. At the same time, they are considered equal. For example, if parents and two children once participated in the privatization procedure, the share of each of them, including the deceased, will be ¼ of the premises.

In the event of the death of one of the participants in shared ownership, the transfer of his share occurs on a general basis.

Example. The couple purchased an apartment in 2005 and during registration determined: 1/3 belongs to the husband, 2/3 goes to the wife. After the death of the spouse, one third of the living space will accordingly be included in the estate.

Registration of ownership of an apartment by inheritance

After receiving a certificate of inheritance rights, you must register the apartment as an inheritance property. Only after this the heir becomes the full owner and can dispose of the property at his own discretion.

To register, you must contact Rosreestr or MFC. You need to have a package of documents with you, which includes:

general passport;
certificate of entry into inheritance rights;
an application for state registration of property rights (usually prepared by an employee of the department; you only need to sign);
receipt of payment of state duty (not required, but better to have with you).

The state fee for registering rights to an apartment is 2,000 rubles. It can be paid at a bank branch or payment terminal.

After completing the procedure, the heir is given a current extract from the Unified State Register. This document confirms the fact of registration of property rights.

Expenses of the heir when registering an inheritance

For the issuance of a notarial certificate of title, payment of a state fee (notarial fee) is required. Its dimensions are established by the Tax Code and are the same throughout the Russian Federation and are:

when inherited by close relatives (spouse, parents, children) - 0.3% of the cadastral value of the apartment;
when property is received by strangers and more distant relatives - 0.6%.

In addition to the state fee, you must pay for legal and technical services of a notary (UPTH). Rates are set annually and are valid in the territory of the notarial district (tariffs for notarial acts).

How to re-register an inherited apartment

Registration of ownership of real estate is carried out by the Rosreestr authorities. An application and a notarial certificate are submitted there. Appropriate changes are made to the state register (USRN), which are reflected in the extract from the state register.

Currently, a notary registering an inheritance is required to submit an application to Rosreestr on behalf of the heirs electronically. Registration of the transfer of ownership of a real estate property will be completed within one day after payment of the state fee (2,000 rubles). It is listed by the person receiving the inheritance. An extract of the Unified State Register can be obtained from a notary, if desired - with notarization of the document.

Apartment by inheritance: pitfalls and features

When inheriting an apartment, certain legal difficulties may arise. We tried to provide the main ones in the article.

No one inherited the apartment

If applicants for receiving property have not contacted a notary within six months or there are no heirs, the inheritance will be considered escheated. In accordance with Art. 1151 Civil Code of the Russian Federation. Such property is transferred to the ownership of the state.

Until then, the inheritance mass is subject to preservation by the notary. It is he who must take measures to ensure the integrity of property.

Inheritance of a mortgaged apartment

Until the loan debt is repaid, the property will be pledged to the bank. If the inheritance is accepted, the heir will be the owner of the mortgaged property, but with certain restrictions. They will be withdrawn after the debt is paid off.

Let us note that the estate includes the debts of the testator in full. Accordingly, the new owner of the mortgaged apartment will pay both the principal and interest.

There is an alternative option. You can sell your home, pay off the debt to the bank, and take the remaining amount for yourself.

How to seal an apartment before inheriting

It is impossible to seal an apartment yourself. The police also do not have such powers.

To ensure the safety of property, you must contact a notary and write a corresponding statement. The notary is obliged to provide protection within the framework of current legislation.

Does registration affect the inheritance of an apartment?

Registration in the inherited apartment is important only if it requires proof of actual acceptance of the inheritance. In this case, three situations are possible.

The person registered is not a relative.

If he was a dependent of the testator, he is among the heirs claiming to receive a mandatory share. In this case, the presence of a will or family connection does not matter.

An application for inheritance was not submitted, but registration is available.

A person may not be aware of the right to a compulsory share. In this case, he can prove that he accepted the property in fact.

The heir received an obligatory share for a relative due to registration.

The law states that the obligatory share does not pass to other heirs if its owner was unable to exercise the right. However, in some cases, registration can play a decisive role.

Inherited an apartment with debts

All debts of the testator that are separate from his personality are transferred by inheritance. Payments for utilities are not included in such debts, and, therefore, are inherited along with the apartment.

However, the legislator has provided a number of limitations on the scope of the heir’s liability:

he is liable for the debt only to the extent of the value of the inheritance; if another debt is paid, the rent is written off;
the debt is paid in proportion to the share in the inheritance;
debt is paid only for the last three years.

It will not be possible to evade responsibility and refuse to pay the debt.

Joint property or not

If the heir has a husband/wife, he/she has no rights and cannot claim the inheritance.

In the event of divorce, the inherited property will not be divided, since according to the law it is not considered jointly acquired. It belongs only to the spouse who previously inherited it.

Illegal redevelopment of an apartment by inheritance

When redevelopment or reconstruction is carried out without appropriate approval, the consequences provided for in Art. 29 Housing Code of the Russian Federation. Most often, it is necessary to return the apartment to its previous condition at the expense of the offender. In this case, the heir will be responsible.

However, if the redevelopment does not violate the rights and interests of other citizens and does not pose a threat to their life and health, the changes can be preserved. You will need to go to court to legalize changes to the property. The heir will be able to do this after taking ownership.

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.

Buying an apartment by inheritance: risks

Buying an apartment received by inheritance is considered one of the most risky undertakings. We'll tell you why it's dangerous and how to protect yourself.

Here are some tips from a professional lawyer:

If the price is significantly lower than the market average, you need to carefully check the apartment. The cost is often reduced by 5-10%. This is acceptable. So the heirs try to sell the property faster in order to divide the proceeds.
Be sure to check the identity of the seller and his passport. If a representative always comes to the meeting, it is necessary to arrange a meeting with the owner. Preferably in the premises being sold.
It is necessary to conduct a competent conversation with the seller in order to find out the history of the property, the motives for the sale, the presence of encumbrances, etc.
We do not agree to a deposit. Yes, when concluding a transaction, you should not enter into any monetary relations.
Be sure to carefully study the documents for housing.
Check whether the technical plan coincides with the actual state of the object.
Talk to the notary who handled the inheritance case for the apartment.
Check the heir-seller for any lawsuits and enforcement proceedings.

The best solution in such a situation is to contact a competent lawyer. A specialist will be able to check the legal purity of the object and will accompany the transaction from start to finish.

Is a non-privatized apartment inheritable?

A non-privatized apartment is the property of the municipality, not the testator. However, the heir can use it. The law imposes restrictions only on the disposal and conclusion of transactions in relation to such real estate.

If the testator has already submitted documents for privatization, his heirs will be able to complete the procedure. In this case, the municipal apartment will be inherited by the legal successors of the deceased tenant.

If documents for privatization have not been submitted, the heirs can do this. You will first need to re-issue the social tenancy agreement.

How shares in an apartment are divided by inheritance

Most often, the wording on the division of shares in a will sounds like “all my property is bequeathed, no matter where it is located and what it contains.” After opening the inheritance case, the notary will divide the inheritance between the heirs in equal shares. It is similar with inheritance by law - property is divided equally.

In practice, such a section often causes inconvenience. For example, heirs of the first stage will receive ¼ of a one-room apartment. How can they agree on how to use the property?

For these purposes, the law provides for the possibility of concluding an agreement on the division of property. It is compiled by the heirs and determines who will receive what inherited object. If necessary, the text of the agreement includes an obligation to pay compensation.

Is it possible to bequeath a share in a privatized apartment?

When inheriting a share by law, there are nuances. For example, when at one time an apartment was privatized, and the rights were transferred from state ownership to private ownership, and more than one person was registered in the living space, then a certain part began to belong to each of them.

after the death of a citizen, his last will will be carried out;
the share in the privatized apartment will go to the heir indicated in the document;
if the will was rewritten or changes were made to it, then the more recent version of the document will be valid (Article 1130 of the Civil Code of the Russian Federation).

We recommend reading: Deposit preliminary agreement for the purchase and sale of an apartment

How to challenge a will to inherit an apartment

Challenging a will is only possible in court. The plaintiff can only be an heir interested in receiving the property if the claim is satisfied.

A compelling reason is required for a challenge. It could be:

incapacity of the testator at the time of drawing up the will;
being under the influence of alcohol or drugs;
misleading the testator, etc.

The reason must be proven. For this purpose, a post-mortem examination may be ordered.

If you need to challenge a will in court, we recommend working in tandem with a lawyer. A specialist will help prepare documents and represent interests in court.

The statute of limitations for inheriting an apartment for filing a lawsuit is three years as a general rule. However, the law allows inheritance cases to be heard within ten years.

Cost of registration of a will

Without exception, all notary services have a certain price tag, established in accordance with Article No. 333 of the Tax Code of the Russian Federation. The same applies to making a will. The legal part of the service in 2018 will cost 100 rubles. This amount is charged for certification of the testator's signature. If he needs any other specialist services, he will need to pay an additional amount for them. At the moment, the average cost of drawing up a will is considered to be about 1,000 rubles.

Knowing all the pitfalls of the process of drawing up a will for a share in an apartment, the testator will be able to avoid all possible problems with documents, minimizing the possibility of challenging it.

Actual inheritance of an apartment

The actual acceptance of an apartment by inheritance is the performance of actions indicating that the property has been physically accepted. For example:

ensuring the safety of housing - replacing doors, installing bars on windows, etc.;
bearing the costs of paying utility bills;
paying rent debts;
improving the condition of the property - replacing pipes, repairs, etc.

Despite actual acceptance, documentation will still be required. Without this, it will be impossible to dispose of the apartment in full.

Shares of heirs of the first and second stages

The specified shares of heirs in the bequeathed property may differ from those obligatory shares provided by law.

Legal practice and established laws provide that heirs are called upon to inherit in the order of existing queues.

Heirs of the first stage have the most rights to inheritance. These include a child, both an adult and a minor, as well as the spouse or parents of the deceased testator. All of them have the right to inherit property, be it a private house or part of a plot of land, rooms in an apartment or a certain amount of dividends, in equal shares. If there are no first-line heirs or if one of them dies, the right of inheritance passes to the next candidates. This also includes cases where the heirs of the first stage, after the opening of the inheritance, decided to refuse it.

Next after the first, the right of inheritance passes to the heirs of the second priority. This includes siblings, grandparents, and children of the testator's siblings. If the testamentary document, recognized as valid, indicated the shares of the heirs, and they do not contradict the mandatory shares, this information is taken into account, otherwise, the data specified in the testamentary document will not be taken into account, since it may be declared invalid. For the heir of any queue - first, second, etc. the right to refuse to receive his share of the inheritance remains; he can use it at any time from the date of opening of the inheritance. A sample application for refusal to acquire inheritance rights can be found at the notary chamber.

How to disinherit an apartment

The testator can leave a will and in this document disinherit a specific successor. If the question of deprivation of rights arises from other heirs, they will need compelling reasons:

committing an intentional crime against the testator;
committing illegal acts against other heirs;
the fact of seizure or falsification of the will, as well as other obstacles to the execution of the will of the testator;
deprivation of parental rights;
failure to fulfill obligations to support the testator.

In these cases, the heir can be declared unworthy by a court decision and deprived of his inheritance. In this case, it does not matter to which order according to the degree of kinship he belonged.

The procedure for registering a will for an apartment and the cost of all procedures

The price for signature certification is regulated by a special standard - Article 333 of the Tax Code of the Russian Federation. In 2021, the cost of certification of a will is 100 rubles for the legal part and an amount that varies for different regions, paid for the technical part of the work. The total cost is usually 1000 rubles.

Based on the documents brought by the owner, the notary establishes his identity and certifies his legal capacity. The will is then read aloud or given to the will-maker for reading.
If there are no comments, the document is signed by the owner in the presence of a notary.
At the final stage, the notary certifies the will signed by the owner of the apartment with his signature, the personal seal of the notary and makes a record of the actions taken in a special register.
Then the cost of registration is paid to the notary's cash desk or directly to his assistant.

How to leave an apartment as an inheritance to one person

There are five ways to transfer property to a specific person. We'll tell you how best to leave an apartment as an inheritance:

Will. This document can not only transfer rights to a specific person, but also deprive them of the opportunity to receive an inheritance. However, a will can be challenged, and it is powerless against persons who have the right to an obligatory share.
Testamentary refusal. This document obliges the heir to provide living space to a specific person for life or for a certain period.
Inheritance contract. This is an agreement between the testator and heirs, certified by a notary. As part of the contract, you can demand the fulfillment of obligations in your favor.
An annuity or lifelong maintenance agreement with a dependent. This agreement is not related to inheritance law, but can be used as a way to transfer property to a specific person.
Deed of gift. Refers to gratuitous transactions and is guaranteed to protect against heirs claiming an obligatory share. Disadvantage: ownership passes during the life of the donor.

To understand which option is preferable in your situation, call the specified phone number or write to us in a special consultation request form.

Share of property in inheritance and the right of compulsory share

Under this regime, the property rights of the deceased testator, at the time of opening of the inheritance, are transferred to another heir. In cases where there are several heirs, property rights are distributed among them depending on the actual line of succession. If we are talking about an apartment, the total size of the area is taken into account, which is divided between the heirs in accordance with their number and taking into account the queue. Any heir has the right to refuse the share offered to him.

In addition, the legislation of the Russian Federation also provides for the right of a compulsory share, which appears to a certain heir from the date of opening of the inheritance, regardless of his inheritance order and the information provided by the testator.

In cases where the requirements in a testamentary document contradict the data on the mandatory inheritance order, it may be declared invalid.

The list of heirs entitled to an obligatory share in the inheritance includes:

- a minor or disabled child of the testator;

- disabled spouse, pensioner or parents of the deceased testator;

- disabled dependents, elderly people, pensioners, etc.

The size of the heirs' share is legally established by the court. At the same time, he takes into account the interests of each heir, his position in the inheritance line, as well as other mandatory factors. If no disputes arise between the heirs, it is permissible to conclude an agreement on the distribution of shares in the inheritance of a deceased relative.

If the inheritance includes a plot of land or a private house, this property is subject to distribution among the heirs.

The size of a plot of land or part of a house for each of the heirs can be established within the framework of the court or through an agreement. A sample of this agreement between the heirs should be studied in advance, otherwise, if there are certain errors and inaccuracies, it may be declared invalid. Any heir has the right to renounce his obligatory share from the moment the inheritance is opened. A sample application for refusal can be obtained from the notary chamber.

Valuation of an apartment for inheritance

Appraising an apartment for inheritance is a mandatory stage in registering property, since the appraisal results are necessary to calculate the amount of state duty.

Appraisal of an apartment for a notary involves determining the cadastral and market value of the property. This information will also be required if the heirs plan to divide the inheritance.

The appraisal report is prepared by a professional appraiser. It will take him 3-5 working days to complete the required work.

How to register a house after inheriting

After receiving a certificate of accession to inheritance rights, you will need to contact Rosreestr or the MFC to prepare documents. In addition to the certificate, you will need to present a passport, an application and a receipt for payment of the state fee.

An employee of the department will take the documents provided for inheriting the house and issue a receipt indicating the date of readiness. On the specified day, you must appear again and receive a current extract from the Unified State Register of Real Estate, confirming ownership of the property.

Property is transferred to a relative

In the will, you can indicate relatives as recipients of the apartment. If the inheritance is divided according to the law, only relatives participate in the division procedure, and those closest to them have priority. For registration, you must submit an application to a notary. If this step is ignored, inaction will be regarded as a voluntary refusal. Claims must be made within six months after the death of the apartment owner. Missed deadlines can be reinstated in court only if there are valid, documented reasons.

Is the degree of relationship taken into account?

When distributing shares of an apartment according to the law, this is a fundamental principle. The first applicants are immediate relatives, which include children, parents, and spouses. If they are not there, or a refusal is written, the others are called up in order of priority. When entering into rights under a will, kinship does not matter.

Do I need to obtain consent from other relatives?

This is necessary when completing certain types of transactions. It is prohibited to sell an apartment in which several people live without the consent of all residents. Also, you cannot give it as a gift or change it; there is at least one tenant who does not want this. Inheritance is another matter. Consents of cohabitants are not needed for a will, but the text can only refer to the share belonging to the testator.

Entering into inheritance: bank deposit

The situation with entering into an inheritance using funds is more complicated than with re-registration of an apartment. The fact is that by law the depositor is not obliged to inform anyone about his accounts. For this reason, many deposits remain unclaimed.

Only in 2021, a new service appeared in which a notary can make a request and receive information about the testator’s accounts in Sberbank. In 2021, it is planned to connect several more banks to the system. However, by law, a financial organization does not have the right to disclose information about deposits to anyone other than a notary.

To submit a request, the heirs need to write a statement about searching for accounts with a list of banks. The application is submitted to the notary. The service is paid.

Financial institutions respond to the request within 30 days. If the request is ignored, the heirs can complain to the Central Bank.

Receipt of funds from the deposit will be possible only six months after the death of the depositor. For issuance, you will need to present a passport, death certificate and certificate of inheritance. Money received by inheritance is not subject to state duty.

Difficulties may also arise when inheriting securities. To register them, you must provide the notary with a certificate from the register holder and a report on the value of the securities. In other words, if the heirs do not know about the availability of shares, it will be impossible to receive them.

Lawyers recommend not blocking the testator’s SIM card and using it from time to time, since an SMS from the management organization or broker may be sent to this phone number. Try not to ignore calls and check your email. Perhaps this way you will be able to find out about additional property that needs to be re-registered.

The procedure for paying shares to heirs and its size in an LLC

In the event of the death of a citizen, ownership of the property or its share in the authorized capital is transferred by inheritance to other persons. If the heir formally refuses to receive this share, this entails the company’s obligation to further pay compensation.

The form of compensation also allows for the possibility of compensation with property in the form of dividends.

The share of property in the authorized capital is inherited by one or more heirs, regardless of whether the circle of other participants agrees with this. A ban on this cannot be imposed, since it will be declared invalid.

The sale of one's own share can be carried out at the request of the heir himself. To do this, he makes appropriate representations and demands that the company compensate the property located in the authorized capital and located in the inheritance estate. If the parties do not have any disagreements, you can draw up all the necessary documents and enter into an agreement to compensate for the cost of the share in the authorized capital. If disagreements that cannot be resolved still exist, the final decision will be made by the court.

In addition, the new owner of the organization has the right to pay dividends that were in the authorized capital after the death of the previous shareholder. The right to receive dividends remains with the new heir, since it passes to him by way of succession. Refusal to pay dividends can always be appealed through court.