Inheritance of a privatized apartment after the death of the owner by law and will. How to register an apartment after the death of a relative

If privatized apartment belonged to the deceased individual, inheritance occurs according to general rules. But if the deceased was only one of several owners of this home, only his share is subject to inheritance. In this regard, questions and misunderstandings sometimes arise.

For example, if the privatization agreement indicates 3 owners, one of whom is deceased, only 1/3 of the privatized apartment is subject to inheritance.

In this article we will look at who will inherit a privatized apartment and what is the procedure for dividing it between the heirs.

Who has the right to inherit a privatized apartment

As you know, the law provides for two methods of inheritance:

• in law;
• by will.

Depending on whether a will was drawn up, the privatized apartment (or a share of the apartment) will go to the closest relatives of the deceased or other persons to whom the deceased bequeathed his property.

Heirs by law

If the deceased did not have time to make a will, inheritance occurs according to law. The Civil Code establishes that relatives have the right to inherit - in order of priority, depending on the degree of family relations.

Thus, the primary heirs are the husband or wife, children, and parents. If they agree to inherit, the property of the deceased is divided equally between them. Other relatives are not called upon to inherit. If there are no primary heirs (or they refused or were excluded from inheritance), the right of inheritance passes to the second priority - brothers and sisters, grandparents. And so on - until the seventh stage.

To know full list queues and the order of inheritance according to the law can be found in the article “”.

Heirs by will

If the deceased made a will during his lifetime, the inheritance goes to those persons whom he indicated in this document. Even if these are strangers, not only individuals, but also legal ones.

If the will does not directly indicate relatives (even the closest ones), they are not called upon to inherit. The exception is for persons entitled to an obligatory share in the inheritance. They are a disabled husband or wife, parents, minor children - they have the right to half of their legal share, even if they were deprived of any share by a will.

Pay attention!

Even if the deceased is one of the co-owners of the apartment under the privatization agreement, this is not a basis for the inheritance of his share by other co-owners of the privatized apartment. The right of inheritance is exercised by law or by will, and not by privatization agreement.

So, for example, three brothers can be co-owners of a privatized apartment. In the event of the death of one of them, 1/3 of the share will be inherited not by the two brothers-co-owners of the apartment (who are representatives of the second line of heirs), but by the primary heirs of the deceased - wife, children, parents. Only in the absence of representatives of the first stage will representatives of the second stage - brothers - be called upon to inherit. Co-ownership of a privatized apartment does not give the right to inheritance.

Order of succession

The procedure for inheriting a privatized apartment is no different from inheriting any other property and consists of the following stages:

• Contacting a notary at the place of opening of the inheritance. Read more in the article “”;
• Submitting an application. More details in the article ""
• Preparation of documents. The main documents are the heir's passport, death certificate, documents confirming the right of inheritance (will or family relationship), documents for the apartment (privatization agreement). Full list You will find documents in the article “”;
• Payment of state duty, the amount of which is determined depending on the appraised value of the apartment and the family relationship between the deceased owner of the apartment and the heirs. Read more in the article “”;
• Obtaining a Certificate of Inheritance;
• Registration of ownership at the registration authorities.

Term

The inheritance procedure must be carried out no later than six months (6 months) from the date of opening of the inheritance. Even if the six-month deadline was missed, this does not mean that it cannot be restored. You can do this in two ways:

• Judicial– by applying to the court to restore the missed deadline. You can count on a positive decision only if the deadlines were missed for valid reasons, which are documented.
• Extrajudicial– by agreement with the heirs who entered into the inheritance on time and do not object to the addition of another heir.

Share in an apartment by inheritance after death

For registration of inheritance, it does not matter what kind of ownership the privatized apartment is in - shared or joint. This matters only for the co-owners and heirs of the apartment, who will subsequently decide the issue of division, use, and disposal.

Inheritance of a share in joint property

If during the privatization process the shares of the co-owners were not indicated, then the apartment became their joint property. They are all entitled to equal rights to joint property.

If one of the co-owners dies, what is inherited is not the real share (for example, one room), but the so-called ideal share in joint property.

For example, the deceased was one of three owners of a common privatized apartment. Besides him, the owners of the apartment were two more brothers. Each of them owned 1/3 of the joint property. The 1/3 belonging to the deceased was divided between three heirs - his wife and two sons. Thus, there are five owners of the apartment - two brothers of the deceased own 1/3 each, the wife - 1/6, two sons of the deceased - 1/6 each.

Division of joint ownership into shares

It often happens that joint ownership and use of common property is inconvenient. Co-owners do not always have a warm relationship with each other.

If one or more co-owners want to dispose of their ideal share (sell, donate, bequeath) - then it is possible to divide the joint property with an exact indication of the share of each owner. And provide each co-owner with the opportunity to dispose of their share.

Co-owners should contact a notary and draw up an agreement on the division of joint property. Since we are considering a specific situation with an inherited privatized apartment, this may be an agreement on the division of an inherited privatized apartment. This agreement specifies the size of the share of each of the owners - the shares may be unequal if the co-owners have reached an agreement on this.

If agreement cannot be reached, With statement of claim You need to go to court about the division of an inherited apartment. As a rule, the court resolves the controversial issue as follows - divides the common property into equal shares.

Even after dividing the apartment into ideal shares, the allocation of a real share in most cases is very problematic or completely impossible. For example, studio apartment is indivisible, distinguish three shares in two-room apartment It's also not possible.

As legal experience shows, many citizens are not aware of the procedure and mechanism of inheritance, do not know how the inheritance of a privatized apartment occurs, what documents must be drawn up when opening and accepting an inheritance, and therefore cannot always make timely and legally competent decisions in this or that situations. Sometimes notaries make mistakes, and then a person has to go to court to protect his rights.

In this article we want to highlight some key points in matters of inheritance, so that any person, coming to a notary, can understand the correctness and consistency of the inheritance procedure.

First, let's understand some legal concepts.

Opening of inheritance - after the testator has died (there is a death certificate) or is declared dead (there is a court decision), the inheritance can be opened. Only after opening the inheritance can you begin to decide who inherits the privatized apartment and in what shares.

A will is a document executed in writing by a notary, in which the testator declares his will as to who will become the heir to his property after his death.

Inheritance by will - any testator has the right to dispose of his property at his own discretion, regardless of how many relatives he has and what is the degree of their relationship in relation to the testator. The testator has the right to bequeath his property, including inheritance of a privatized apartment to anyone, even during his lifetime. In this case, the testator disinherits all of his heirs.

Inheritance by law - if the testator did not leave a will, then the closest relatives have the right to inheritance in accordance with the law.

In inheritance by law, there is a priority among heirs. In this case, who is the heir to the privatized apartment and other property of the testator is decided depending on the degree of relationship.

Heirs of the first stage - these include the spouse, children and parents of the testator. In exceptional cases, the inheritance may be accepted by the grandchildren of the heir if their parents are no longer alive. The heirs of the first stage accept the inheritance in equal shares.

Heirs of the second stage - these include grandfather, grandmother (on the father's and mother's sides), sisters and brothers.

Heirs of the second priority can enter into an inheritance only if there are no heirs of the first priority, or if such heirs have refused the inheritance or have not accepted it for one reason or another.

Cousins ​​and brothers, as well as uncles and aunts and even more distant relatives do not take part in the division of the inheritance.

The testator has the right, according to the law, to draw up or re-execute a will an unlimited number of times, and therefore, even with a will in hand, one cannot be completely sure of the inheritance of a privatized apartment or other property of the testator.

In addition to the above, the law provides for one more significant nuance.

Mandatory share - regardless of the contents of the will, there are persons for whom the law provides for a mandatory share in the property of the testator. Such persons include minors and disabled children, including adopted children, disabled parents, including adoptive parents, disabled spouses and dependents. In other words, the testator will not be able to disinherit the specified persons, and if there are any, then they are entitled to a compulsory share, which is 2/3 of that part of the inherited property that would be due to the heir with a compulsory share in the absence of a will.

Accepting an inheritance means obtaining the right to inherit property and inherit a privatized apartment. In other words, the inheritance must be accepted. Acceptance of the inheritance occurs six months after the opening of the inheritance at the location of the inherited property or apartment. There are two ways to accept an inheritance: in kind and by writing an application and submitting it to a notary. If the heir lived with the testator during the life of the testator, then after the death of the testator, the heir accepts the inheritance in kind. However, even in this case, a privatized apartment, house or car must be registered with government agencies.

Inheritance of a privatized apartment

A mandatory condition that secures the right to inherit a privatized apartment is an application for acceptance of the inheritance, which must be submitted to a notary no later than six months after the date of opening of the inheritance. The same applies to any apartment and any real estate, as well as shares. After submitting such an application, the heir will receive a Certificate of the right to inherit a privatized apartment, with which it is possible to carry out state registration of rights to the inherited property.

If for some reason the six-month deadline for filing such an application has been missed, then there are two possible ways for further events to unfold:

• Extrajudicial procedure
• Trial

The first option is possible if other heirs who have already accepted the property give their consent to another heir accepting the inheritance. Such consent is made in writing through a notary. It is not necessary to go exactly to the notary who issued the Certificate of Right to Inherit a privatized apartment. You can go to any other notary who will certify the signatures on the consent statement. Based on this application, the notary will cancel previous certificates of inheritance rights and issue new certificates. The presence of a new certificate will be the basis for a new state registration. Only after this do you have the right to inheritance of a privatized apartment.

The second option, through litigation, is that an application is submitted to the court with a request to restore the missed deadline for accepting the inheritance, indicating the reason for the omission. The court will restore the deadline for accepting the inheritance only if it finds the reason for missing the deadline to be valid.

Those who inherit a privatized apartment should remember that there is a category of citizens who, by law, have a mandatory share of the inheritance. Such persons inherit no less than half of the share that would belong to them under the condition of inheritance by law.

Who will get the apartment after the death of the testator and how its shares will be divided will become known only after six months from the date of opening of the inheritance. During this period, relatives of the second, third degree of kinship and even more distant relatives can apply for acceptance of the inheritance, provided that they were disabled on the day the inheritance was opened and were dependent on the testator for at least a year before the death, even if They did not live with him and are not included in the circle of heirs.

Other citizens who are also not included in the circle of heirs, but at the time of the opening of the inheritance were disabled and at least a year before the date of death of the heir lived with him and were dependent on him, can also apply for acceptance of the inheritance. That's why, who inherits a privatized apartment after the death of the testator, if there is large quantity relatives and a number of additional potential heirs, that’s another question.

However, if you inherited an apartment, then the question inevitably arises: how to re-register the apartment after the death of the heir? Before you can dispose of an apartment, you need to secure your right to it, and for this you need to register the rights to this apartment in your name.

How to inherit an apartment

The first thing you need to do to secure your rights to the inherited apartment is to submit an application to a notary to accept the inheritance no later than six months.

Which notary should I contact? Provided that you know which notary has the will, then, naturally, you need to contact him. If a will has not been drawn up, and you are an heir by law, then you can contact any notary of the city in which the testator lived and ask him how to register an apartment as an inheritance. By telling the notary the name and address of the testator, they will tell you which notary you should specifically contact.

To register an inheritance, you must always contact a notary. And if you are in one city, and the inherited apartment is in another city, it is better for you to also contact a lawyer, since it is very problematic to re-register the apartment after the death of the heir if you live in another city. More than once you will have to come to another city to see a notary, and also to collect certain certificates. A lawyer can handle all these issues for you. You will only need to issue a power of attorney in his name indicating the actions that you trust the lawyer to perform.

What documents are provided to the notary?

To establish an inheritance case, a notary will need the following documents:

• Death certificate of the testator.
• A will or documents that confirm your relationship with the testator.
• Document on ownership of the apartment in the name of the heir (purchase and sale agreement or privatization agreement).
• Certificate F-9 about the last place of residence (registration) of the testator.
• A document proving your identity.

After checking all the submitted documents, the notary opens the inheritance case and also presents you with a list of further documents for registering the inheritance of the privatized apartment.

For the second meeting with the notary you will need to collect the following package of documents:

• Original apartment privatization agreement and 1 copy of it.
• Passport for the apartment in two copies and 1 copy of it. A passport for an apartment is ordered from PIB. To PIB you provide the original privatization agreement and one photocopy of this agreement and pay for the inspection of the apartment. The apartment is inspected to determine whether illegal redevelopment of the living space has been made. You are given a date when the commission will arrive and a date for receiving your passport.
• At the city registration office you will need to get an extract from the Unified State Register. To obtain this statement, you must go to the Fed's help window. In the information window, you inform that since it is possible to inherit an apartment only if you have an extract from the Unified State Register, you need to obtain it. In the information window, you will be issued a receipt for payment for the provision of this document, right there, at the cash desk, you pay this receipt, after which they will be able to accept the necessary documents from you, namely: photocopies of the apartment privatization agreement, a photocopy of the death certificate of the heir and at the appointed day you come for an extract.

It is important to know that when the inheritance case has already been opened, then the one who inherits the privatized apartment is no longer limited in time for collecting documents.

The next step in how to register an apartment as an inheritance is to obtain a certificate of inheritance. If you managed to collect all the necessary documents before the expiration of the six-month period and provide them to the notary, then the notary will still not be able to give you a certificate of inheritance until six months have passed from the date of opening of the inheritance.

After paying the fee, on the appointed day you receive from the notary the long-awaited certificate of right to inheritance of a privatized apartment, which must be registered with the Federal Reserve System. To do this, you bring to the Federal Reserve the entire package of documents that the notary gave you, pay at the cash desk the required amount for registering the certificate, and again they assign you a day when you can come for the document on state registration of ownership of the apartment.

This is the procedure for registering the inheritance of a privatized apartment.

The privatized apartment is the legal property of the testator. That is why he has every right to pass it on by inheritance. Heirs can be persons previously appointed by the testator in the will, or relatives of the deceased.

Inheritance of a privatized apartment is carried out according to general rules that must be observed by all heirs. The main ones include:

• the heir’s right to accept or refuse a privatized apartment;
• the obligation of the heir to declare his decision within 6 months from the date of death of the testator;
• the obligation to actually accept the privatized apartment or to issue a certificate of inheritance.

The basis for the heirs’ right to a privatized apartment may be one of two, defined by law:

• will. If the text of this document indicates a privatized apartment as inherited property, or says that all property is inherited, then it will go to those named as heirs;
• family ties. If there is no will, then inheritance comes according to law.

The heir must not miss the deadline for accepting the inheritance without a significant reason.

Inheritance of a privatized apartment: registration procedure

If a privatized apartment is the object of inheritance, regardless of the basis, it should be properly registered as ownership. To do this, the heir has several ways that are provided by law.

The first method involves going through several stages:

1. Contacting a notary at the place where the inheritance was opened.
2. Drawing up an application for acceptance of a privatized apartment by inheritance.
3. Collection of documents allowing you to issue a certificate of inheritance.
4. Payment of state duty.
5. Obtaining a certificate from a notary.
6. State registration of property rights.

The key stages here are the collection and preparation of documents, among which an important role is played by those that confirm the testator’s right to a privatized apartment.

Without paying the state fee, it is also impossible to draw up an inheritance document. Its size depends on the cost of the privatized apartment and the relationship between the heir and the testator.

The second method of accepting an inheritance in the form of a privatized apartment means:

• actual possession and use of the apartment;
• payment of all expenses for its maintenance;
• carrying out repairs;
• payment of debts for the deceased testator, if any.

The disadvantage of this method of accepting an inheritance is the lack of documents confirming this. If the heir wishes to sell the received apartment, he will first have to document the inheritance, and only then proceed with the sale.

Inheritance after expiration

If the heir did not accept the privatized apartment on time good reason, he has a chance to do this after 6 months. To do this, you will have to write a claim to the court to restore the missed period of time.

When going to court, you will have to prove the importance of the reason why the deadline was missed. Otherwise, the court will reject the claim, and the right to inheritance may be lost.

The court accepts as evidence:

• documents that are directly related to the case and confirm the existence of a valid reason;
• witness statements;
• letters, telegrams and other significant papers.

After the decision is made, the heir can become a full participant in the inheritance case, despite missing the deadline.

Who has the right to inherit a privatized apartment?

Who will become the new owner of the privatized apartment after the death of the testator depends on the presence and content of the will.

When there is a will, the heirs can be:

• any persons named in the will as heirs;
• relatives of the deceased, if the privatized apartment is not included in the estate under the will, or the testator himself indicated relatives as heirs;
• any persons entitled to an obligatory share in the inheritance, regardless of the text of the will;
• the state, if not a single heir under the will is alive, or everyone has refused to accept the privatized apartment.

If there is no will, then the heirs can be:

• relatives of the testator;
• state, if there are none, or no one wants to accept the inheritance.

The priority is determined in accordance with the closeness of the family relationship existing between the receiving heir and the deceased. The closer it is, the higher the chance of accepting the testator’s property.

The first to acquire this right are the first-degree heirs: the spouse, children and parents of the deceased.

In addition, the spouse of the deceased may claim a part of the privatized apartment if it was acquired during the marriage. To do this, the surviving spouse must contact a notary to allocate a share, called the marital share. At the same time, he retains the right to a share of the remaining part of the apartment.

Determining the number of heirs also depends on court decisions. For example, if the court finds the heir unworthy, he will not be able to accept the inheritance within the framework of this inheritance case.

If all heirs or the only one are considered unworthy, then the privatized apartment becomes escheatable property.

Thus, a privatized apartment can become part of the inherited property or become an independent object of inheritance. Both by will and by law, heirs can accept such property by registering it through a notary or actually assume their rights.

A will is an expression of the will of a citizen regarding the transfer of ownership of real estate after the death of the testator.

The document must be executed by a notary. Moreover, the number of possible wills is not limited.

Each subsequent one cancels the action of the previous document. A will can be open or closed (Article 1126 of the Civil Code).

In case of closure, a sealed envelope is handed over to the notary in the presence of two witnesses, which is opened only after the death of the testator.

This envelope is sealed and certified by the notary personally. The authenticity of the inheritance document is disputed in court.

The document on the right of inheritance is canceled in the following cases:

• drawn up by an incapacitated citizen;
• threats were used when writing it;
• incorrect execution: lack of signature or notarization.

Inheritance under a will for an apartment

When writing a will, the testator can inform the heirs he included in the list. But a situation may arise when the heir does not know whether a will has been executed.

In this case, you need to go to the nearest notary office.

There is a connection with all notaries, they inform you about the presence or absence of a will.

After this, the heir applies for a will to the notary who executed it.

It issues a duplicate with a mark of no changes.

Those heirs who kept the document in their hands must apply for the same mark. Inheriting an apartment under a will requires certain documents.

Documents for registration of inheritance for an apartment under a will

In this section we will talk in detail about how to inherit an apartment under a will.

Documents for inheriting an apartment under a will:

• document confirming the fact of death - death certificate and registration in the inherited apartment;
• document confirming the right of inheritance;
• additional papers – heir’s passport, real estate documentation: cadastral passport, extract from the Unified State Register, certificate of ownership.

We have figured out what documents you will need to inherit an apartment under a will.

Instructions for registration

Inheritance of an apartment by will, procedure:

Step 1. Contacting a notary office. Once the will has been discovered, it is necessary to declare acceptance of the inheritance.

There are two options:

1. An application for acceptance of the inheritance is written. Moreover, all heirs must write it in one place with one notary.

   If one of them applied to another notary, the information will be checked against the common database. If there is already an accepted application from another heir, this applicant will be refused.

   He will be redirected to the notary office where the inheritance case has been opened. If you live in another area, you can use the post office.

   The application sent by mail is certified by a local notary. An authorized person, whose rights must be recorded by a notary, can submit an application. If the heir is a minor citizen, you must also have the written consent of his parent.

2. Actual acceptance of inheritance. It consists in the disposal of property.

   The heir pays all bills related to the apartment as an inheritance according to the will, pays off all debts of the testator, and takes care of the protection of the property. In this case, you do not need to write a statement, but you will have to document your rights. You will need to provide payment receipts and apartment security agreements.

Important! The appeal must be carried out within six months from the date of death of the testator.

Step2. Collection of documents for inheriting an apartment under a will.

The notary verifies the authenticity of all documents that have been submitted: a document confirming death, a will.

Passport details in the will are subject to verification with documents provided by the heirs. When making a note in the testamentary document about the transfer of real estate to a close relative, you need a document about the relationship.

The notary checks the existence of the right of compulsory inheritance. If this is discovered, it is immediately taken into account when distributing the inheritance. If there are objections to the allocation of such a share, the heirs can file a lawsuit.

An important document is the estimated value of the apartment. It must be implemented after the death of the testator. The amount of the state duty will depend on the established cost. It will also be indicated on the inheritance certificate.

Step 3. Payment for notary services. The amount of state duty for relatives of the 1st and 2nd stages is determined by 0.3% of the value of the property, but not more than 100,000 rubles. For all others, this value is 0.6%. It should not exceed 1,000,000 rubles. Exceptions include persons who lived together with the deceased.. This category also includes disabled people and minors.

Important. If there are several heirs, the amount of state duty payment must be proportional to the part of the property they inherit.

Step 4. Registration of a certificate of inheritance.

It is transferred, if desired, to each heir indicating the value and composition of the inheritance on the basis of a document on the appraised value of the apartment.

Along with the property, debts, if the testator had any, are also transferred to the heirs.. Before the next step - registration of ownership - the heirs must pay all debt obligations or accept them in writing. For example, paying off a mortgage loan.

Step 5. Registration of property rights. After this step, the heir is considered to have received the apartment as his own property. Moreover, the date of inheritance will be considered the date of death of the testator, and not the date of registration of property rights.

This concerns how to enter into inheritance rights for an apartment under a will. Read more about the processing time and cost of the procedure.

Registration deadlines

Entry into rights to bequeathed property has a limited period: six months. If the recipient did not know about the inheritance, he must provide the notary with documented valid reasons for his absence.

These include:

• long business trip;
• stay for treatment for a long time;
• being in prison or colony;
• ignorance of the death of a relative.

In this case, the notary can arrange for the restoration of the inheritance period.

In this case, the written consent of all heirs is required.

Previously issued certificates of inheritance rights are canceled. All shares are revised taking into account the share of the new heir.

It often happens that the recipients of the inheritance do not agree with the restoration of the term. Then the heir who missed it for a good reason submits the application to the court. Attached to it is the notary's refusal to accept the rights of restoration. In court, if the reason is recognized as valid, his rights are restored.

Important! The restoration period is considered to be six months from the moment when the heir learned about the will.

The cost of accepting an inheritance

How much does it cost to inherit an apartment under a will?

The cost will be formed from the following costs:

• initial application to a notary: amount from 500 rubles to 900 rubles depending on the region;
• confirmation of the presence of a testamentary document: 100 rubles;
• cost of filing an application to open a case: 300 rubles;
• opening an envelope with a will: 300 rubles;
• registration of a notary request for documents: this service is necessary if there is no necessary documentation and costs 50 rubles for each copy;
• state duty: the amount depends on the market price of the property 0.3% or 0.6%;
• assessment of the inherited apartment: carried out at the time of the death of the testator - 5,000 rubles;
• certificate of ownership: 200 rubles.

Who can argue?

So, who can challenge the inheritance of an apartment by will?

• three years if the testator is declared incompetent;
• year when drawing up the document is at risk.

Cancellation of an inheritance document is carried out if the heirs are considered unworthy:

• citizens who committed criminal acts against the testator;
• parents without parental rights, if the testators are children;
• citizens who did not provide for the maintenance of the testator assigned by law.

If the inheritance document is cancelled, then a will drawn up earlier, if one existed, is proposed in its place.

A will provides for the possibility of transferring an apartment regardless of family ties.

When drawing it up, you should remember those persons who are entitled to the obligatory share.

The document must be drawn up in compliance with all the rules, so that later there are no disputes between the heirs that drag on for years

We hope that this article was useful to you and now you know how to register an inheritance for an apartment under a will and how to enter into an inheritance under a will for an apartment after the death of the testator.

After privatization, an apartment used on the basis of a social tenancy agreement becomes the personal property of the persons registered in it, and after their death can be transferred by inheritance to the successors specified in Chapter. 62 and 63 of the Civil Code of the Russian Federation, by will or by law.

Is it necessary to enter into an inheritance if the apartment is privatized?

The privatized living space, like the rest of the property of the deceased, constitutes the estate, and if the successors wish, it can be registered as their property only after completing the established algorithm of actions.

Ignoring it will entail deprivation of the right to inherit and the transfer of the apartment to the heirs next order, or the state.

There is no need to separately inherit an apartment only if it was privatized to the heir, that is, legally it was his property. However, the owners of a share of living space, in order to add to it the share of the deceased co-owner, also need to take steps to accept the inheritance.

The procedure and rules for inheriting a privatized apartment after the death of the owner

The property of the deceased passes to his heirs by law and/or by will. From the point of view of the law, priority is given to the personal will of the testator - in the presence of a conflicting will, the successors described in Chapter 63 Civil Code Russian Federation, they lose their inheritance rights.

Inheritance by law can only be carried out without a will, in addition to it or in relation to recipients of a compulsory share.

Privatized living space can be obtained for each of the listed reasons. You can find out more about them below.

Without a will (by law)

Chapter 63 of the Civil Code regulates the transfer of property rights to relatives and friends of the deceased in order of priority corresponding to the degree of relationship with the deceased.

The father, mother, legal spouse and children have the priority right to the property of the deceased. They are encouraged to receive a privatized apartment immediately after the owner dies, in the order of first priority of inheritance.

If the testator does not have such relatives or for some reason they do not, their rights are taken over by the second line, which includes sisters, brothers and grandparents.

The third line of inheritance is made up of aunts and uncles, and after them distant relatives are called upon to take over the rights to living space:

• parents' grandparents;
• grandchildren of parents' siblings, uncles and aunts;
• great-great-grandchildren, nephews, uncles and aunts;
• stepdaughters and stepsons, stepmother or stepfather.

In the event that a spouse, children, brothers, sisters, uncles or aunts die before the opening of the inheritance, their right to privatized living space goes to the children, grandchildren, nephews or cousins ​​of the deceased by way of representation (Article 1146 of the Civil Code).

By will

The direction of inheritance under a will is determined by Articles 1119 and 1120 of the Civil Code:

• In accordance with Art. 1119, the owner of privatized living space has the right to inherit it to any person (not necessarily a relative) - this can even be done in favor of the state.
• Art. 1120 reiterates the ability of the testator to dispose of personal property to the extent that he himself deems necessary - he can bequeath the entire apartment or only part of it, distributing rights to it at his own discretion.

Within the compulsory share

Even if the will assigned the living space to a certain person or group of persons who are not the primary heirs by law, they can receive part of it contrary to the will. But to do this, they need to confirm their belonging to the legal holders of the compulsory share.

In accordance with Art. 1149 of the Civil Code of the Russian Federation, the following can count on an obligatory share of the inheritance:

• The parents of the deceased, as well as his children and spouse, if at the time of his death they were disabled (due to age or health).
• Dependents whom the testator supported for at least a year before his death.

But unlike full-fledged heirs, they will receive only half of what they would be entitled to by law.

Who will get the privatized apartment after the death of the owner?

Those closest to you are counting on receiving it first, and their circle may be wider than it seems at first glance.

After the death of parents (father, mother)

According to the law, the property of the father and mother after death is inherited by their natural and adopted children, except for those in whose direction they were deprived of parental rights. In addition, the following may take possession of the apartment:

1. Grandfathers and grandmothers. If they die after the opening of the inheritance, without having time to accept it, the share due to them passes to their heirs by law and by will.
2. Legal spouse. If this is the natural father or mother, then their premature death, relative to the acceptance of the inheritance, will become the basis for increasing the share of the deceased to the shares of their children. And in the case when the spouse of the deceased parent is a stepmother or stepfather, then his part of the living space is transferred to the children, regardless of whether they were relatives of the apartment owner or not.

Grandmother, grandfather, surviving father or mother can write a waiver of the inherited part of the apartment in order to increase the share of the property of the children of the deceased.

If a will of a father or mother has come into force, depriving the children of an inheritance, then they have the right to claim half of the share entitled to them by law in the event of their incapacity due to age (health) or incapacity for work.

After the death of a husband, spouse, wife

The wife, as the primary heir by law, has the right to claim part of the apartment even if half of the living space is due to her as part of joint property with her late husband. She shares the right of inheritance with her husband's parents and his children. Moreover, this also happens if there is a will drawn up exclusively in favor of the spouse, in the case where the inheritance is limited to an apartment or a share in it, and among the children of the deceased there are minors and those disabled for health reasons. True, the will reduces the shares assigned to it by law by half.

After the death of grandmother, grandfather

After the death of the grandmother, the right of ownership of the privatized living space is transferred to the following persons:

1. To the heirs specified in the will, and to a reduced extent - a spouse of retirement age (or disabled for other reasons), disabled children, dependents.
2. In the absence of orders - to the spouse, children and dependents in equal shares, and in the event of the death of children before the opening of the inheritance - to their children, that is, their grandchildren.

If there are no heirs, who will get the apartment?

In rare cases, when the testator did not leave a will and all eight lines of inheritance according to the law are missing, the property of the deceased, like all the rest of his property, according to Art. 1151 of the Civil Code, acquires the status of escheat, that is, becomes the property of a locality, municipality or subject Russian Federation by way of inheritance by law.

Failure to accept the apartment in due time or abandonment of the apartment by all existing applicants for the inheritance entails the same consequences as the absence of heirs - the property becomes escheated and it, along with debts and other material obligations, is inherited by the state.

How is a privatized apartment divided after the death of the owner?

When several applicants are called to inherit at once, the right to own real estate passes to them in certain proportions. At the same time, their shares can be increased due to the refusal of one of the heirs from his part of the property.

It is worth noting that a privatized apartment is rarely the property of one person, because the denationalization procedure itself is carried out in favor of all citizens registered in the registered living space. Sole ownership and subsequent transfer of such an apartment by inheritance in full is possible only if the remaining residents refuse to participate in the privatization and there are no minors registered at this address.

How is privatized living space divided:

1. Equally between the successors of the current line of succession by law and dependents*.
2. In the amount and ratio specified in the will**.

(*) - according to Art. 1148 of the Civil Code, the right to inheritance will belong to dependent relatives up to the 5th (inclusive) degree of kinship, provided that they are supported by the deceased for 1 year or more, or to dependents who are not included in the circle of legal claimants, but who lived with the testator for a year or more.

(**) - the exception is the legal holders of a compulsory share of the inheritance (incapacitated close relatives of the deceased, minor children, dependents), who receive half of the part of the property due to them by law.

Example- if the apartment is privatized for two, and one dies:

The living space was privatized for two owners - brother and sister. After the death of his sister, the brother remained the owner of 1/2 of the apartment. The half that belonged to the deceased was supposed to go to her daughter, but she refused to receive it. And due to the fact that besides her there were no heirs of the first stage, part of the housing was inherited by her brother, as the only heir of the second stage according to the law (the now deceased did not draw up a will). As a result, he became the rightful owner of the entire apartment.

The described procedure in reality is often complicated by accompanying circumstances, in the light of which it becomes difficult to establish to whom the share of the privatized apartment is transferred and in what amount it is distributed among non-legal recipients. Therefore, in order not to waste time and ensure compliance with your legal rights, it is important to seek help from a competent specialist, and it is advisable to do this as early as possible.

How to inherit a privatized apartment by law (without a will)

The range of possible successors in the absence of a will is presented above. But the presence of family ties is not enough to transfer ownership of the living space. To receive it, the heirs need to take actions indicating acceptance of the inheritance.

Procedure

The procedure for inheriting a privatized apartment involves the sequential implementation of several stages:

1. Acceptance of inheritance.
2. Division of living space (relevant if there are several heirs).
3. Registration of apartment ownership.

More detailed algorithm The actions of the heir looks like this:

1. Writing an application for acceptance of inheritance at the notary's office at the last place of residence of the deceased.
2. Collection and submission at the place of opening of the inheritance case of the remaining package of necessary papers.
3. Payment of state duty.
4. Drawing up an agreement on the division of an apartment or filing a corresponding claim in the district court (if necessary).
5. Submitting an application for state registration of real estate to Rosreestr.
6. Payment of the state fee for registration.

If desired, the new owner can receive an extract from the Unified State Register of Real Estate on the transfer of ownership (Rosreestr no longer issues a certificate of title).

Procedure

Heirs called upon to receive property must contact a notary at the place of last residence of the deceased to submit an application for acceptance of their rights to the apartment. If it is impossible to do this personally, it is permissible to appoint a representative who will act in the interests of the heir on the basis of a power of attorney certified by a notary.

The responsibility to represent a minor or incompetent legal successor falls on his legal representatives - parents, guardians, trustees.

Based on the application of the heir, the notary opens the paperwork and includes in it all the documents received from the applicant. The fact of performing a notarial act is recorded in the Unified information system The notary and the successor are informed of the date of issue of the certificate of inheritance.

After receiving it, the owner or co-owners of the privatized living space can contact Rosreestr to carry out further stages of the procedure - division and registration of property.

If the privatized living space was the undivided property of the testator, then after his death the rights to it are equally distributed among close relatives or several heirs indicated in the will (in the absence of shared division by the testator himself).

This procedure is carried out by agreement of the parties or in court. In the latter case, shares of real estate are allocated taking into account the funds spent by the parties to improve the joint property. And after reaching an agreement or a court order on the division of the apartment, its owners can register their rights to the property.

In a situation where the allocation of a share from the apartment does not occur, it becomes jointly owned by the heirs until one of them demands a documented withdrawal of his part.

If the privatized apartment was jointly owned by the testator and other persons, then his successors can only count on inheriting the deceased’s share. It is distributed between them in a manner similar to the division of an entire living space. For example, if the apartment was registered in the name of the testator and his two brothers, then the two children of the deceased receive 1/3 of the property and each of them becomes the owner of 1/6 of the residential premises.

In the event that one of the heirs refuses or does not accept his part of the property, his share is increased equally to the shares of the remaining heirs, but only if there are no applicants nominated by the will.

AND final stage- registration of inherited housing ownership. During its implementation, data on the transfer of the right to the object is entered into the Unified State Register of Real Estate: full name of the new owner, grounds for re-registration, etc. To do this, the applicant also needs to draw up an application with a request, submit it along with the rest necessary documents and pay the state duty established for such cases.

Required documents

In addition to the successor’s application (for more details on drafting, see the section “How to inherit an apartment under a will”), to issue a certificate of inheritance, the notary requires the following documents:

1. Death certificate of the testator.
2. A will or document confirming the legal basis for inheritance.
3. Certificate of registration of the deceased’s last place of residence.
4. Estimated cost of the apartment.
5. Help from the Unified State Register of Real Estate.
6. Privatization agreement.
7. Statement about the absence of debts on the apartment.

The final and more accurate list of required papers is communicated by the notary.

Registration of ownership of an apartment is carried out at the territorial offices of Rosreestr or MFC on the basis of an application, certificate of inheritance and other acts:

1. An identification document of the owner and a certificate confirming the assignment of a taxpayer identification number to him.
2. Privatization agreements and certificates of other transactions carried out on the subject of registered real estate.
3. Agreement on the division of property (when registering ownership of part of the living space) or a corresponding court decision.

If all or part of the described actions are performed by his representative instead of the heir, a notarized power of attorney or a document establishing the powers of the legal representative - the guardian, trustee or parent of the successor - is added to the mandatory list of papers.

Deadlines

The permissible period of inheritance of privatized living space is dictated by Art. 1154 of the Civil Code of the Russian Federation. And its duration will depend on the specifics of inheritance.

The established framework shifts when the birth of an heir, conceived during the life of the testator, is expected.

State duty

An inherited apartment is not subject to tax, but the heir by law, as well as by will, must. To calculate it, any of the values ​​is taken: cadastral, market, inventory. The latter often turns out to be underestimated, so its use is not recommended, but is not prohibited. The market value of property is determined by independent appraisers licensed to do so; the cadastral value is indicated in the corresponding passport; a certificate of inventory value is provided by the BTI.

The heir has the right to use any of the values ​​to calculate the state duty.

Its size is established by Art. 333.24 of the Tax Code of the Russian Federation and is equal to:

• for children, parents, spouses, brothers and sisters – 0.3% of the value of the property, but not more than 100 thousand rubles;
• for other heirs - 0.6% of the value of the inheritance, but not more than 1 million rubles.

In Art. 333.38 of the Tax Code of the Russian Federation indicates persons who have benefits or are completely exempt from state duty. In particular, heirs who live with the owner of the apartment and continue to live there after the death of the testator do not pay the state duty; disabled people of groups 1 and 2 are exempt from payment by 50%.

How to inherit an apartment under a will

Required by a notary. Since heirs do not always know whether a will has been left, it is better to visit the notary office at the location of the testator’s real estate or the city notary chamber. The location address of the organization can be found on the website of the city notary chamber.

Algorithm of actions

In order not to exceed the period for entering into inheritance, you should strictly adhere to established order actions:

1. Filing an application for the right to inheritance.
2. Collection of documents.
3. Payment of state duty.
4. Obtaining a certificate of inheritance.
5. Apartment decoration.

If difficulties arise, it is important not to miss the inheritance deadline and seek legal assistance in a timely manner.

Statement

Within six months from the opening of the inheritance, it is necessary to contact a notary with an application for entry into the inheritance with the subsequent issuance of a certificate confirming the right to the bequeathed property.

Sample application:

Download a sample application

The form of the document is not strictly specified by law, but it must contain information about the heir and testator, the notary, and indicate the location of the inherited property.

The application can be submitted not only in person, but also by another person by proxy, and also sent by registered mail.

Required documents

To register an apartment as an inheritance, you must provide the notary with the following documents:

• death certificate of the previous owner or judgment about declaring him dead;
• a certificate (form No. 9) about the last place of residence of the testator and the number of people previously living with him or an extract from the house register;
• a certificate of deregistration of a citizen due to death (the corresponding certificate must be provided to the migration service);
• identification of the heir: passport, birth certificate;
• confirming the fact of relationship (marriage certificate, birth certificate);
• title documents for the inherited apartment (the list may vary depending on the basis for establishing ownership): sales contract, certificate of inheritance, confirmation of payment of the share;
• certificate from technical characteristics premises, which is issued by the BTI;
• an extract from the Unified State Register of Real Estate (USRN), containing information about the owner and possible encumbrances;
• cadastral passport;
• a document indicating the cost of the apartment for subsequent calculation of state duty;
• confirmation of rights to receive benefits when registering an inheritance.

This list can be shortened or supplemented at the discretion of the notary. When collecting documents, you should request information about their validity period.

State duty

The costs of registering an inherited apartment for successors under a will and by law are calculated according to the same principle.

An example of calculating state duty for heirs under a will:

The children inherited their father's apartment worth 2.8 million rubles. The daughter lived with her father, and the son was disabled group 2 and lived separately. The father left a will, according to which ¼ share was left to his cousin, ¼ to his son, and ½ to his daughter. The amount of the state duty will be: for a sister - 4200 rubles. (2.8 million rubles X 1/4 X 0.6%); for a son - 1050 rubles. (2.8 million rubles X ¼ X 0.3% X 50%); the daughter will be exempt from paying state fees.

In addition to the state fee for obtaining a certificate of inheritance, new owners will have to pay for the state service for registering real estate - 2,000 rubles.

Certificate of right to inheritance

The certificate can be issued for each of the heirs under the will or one for all after a 6-month period. The exception is cases when it is reliably known that there are no other heirs. Then the certificate is issued after submitting all the necessary documents.

Additionally, you will have to pay the costs of providing legal and technical services to the notary, the amount of which should be agreed upon in advance.

Registration of apartment ownership

To fully dispose of the apartment, you must contact Rosreestr or the regional multifunctional center (MFC) with the following documents:

• application (an application form that meets the requirements of Rosreestr can be downloaded below);
• ID card of the heir (guardian or trustee in case of inheritance by minors or incapacitated);
• certificate of inheritance;
• if there are several heirs to the apartment, then an agreement on division of the apartment is submitted;
• cadastral passport;
• document confirming payment of the state duty.