In most cases, entering into an inheritance is a burdensome and lengthy undertaking. It is good if the property goes to the heir in its entirety and does not have to be shared with anyone.
If there are many heirs, the property of the deceased testator must be divided among all applicants.
In this article, we will look at how to register your share in an inheritance, the difficulties that arise in the bureaucratic process, as well as the nuances of selling a share in an inherited apartment.
What it is
Inheritance is the legal receipt of the property of a deceased relative or third-party testator. Regardless of the method of registering the inheritance (by will or in the order of legal priority), the circle of applicants can be extensive.
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In this case, all property is divided between the heirs in equal shares, unless otherwise provided by law or the testator's will.
For example, a citizen has the right to include in his will specific instructions for the distribution of property:
- the size of the share allocated to each of the heirs;
- a list of things or real estate transferred to each of the heirs.
In the case of inheritance in order of legal priority, there are also certain nuances in the distribution of shares.
For example , among the heirs of the first stage (spouses, children and testator parents), the largest share becomes the property of the spouse ( 1/2 of the entire inheritance).
The remaining half of the inheritance is distributed in equal shares among other legal heirs.
What is regulated
All legal relations related to inheritance are regulated by the Civil Code of the Russian Federation.
This piece of legislation provides answers to such common questions as:
- what is inheritance and who can become an heir ( Civil Code of the Russian Federation, Chapter 61 );
- features of inheritance by will and by law ( Civil Code of the Russian Federation Ch. 62-63 );
- methods and deadlines for entering into inheritance ( Civil Code of the Russian Federation, Art. 1153-1154 );
- the possibility of refusing an inheritance ( Civil Code of the Russian Federation Art. 1157-1159 );
- what is common shared property of heirs ( Civil Code of the Russian Federation, Art. 1164 );
- deadline for issuing a certificate of inheritance ( Civil Code of the Russian Federation, Art. 1163 );
- liability of heirs for the debts of the deceased testator ( Civil Code of the Russian Federation, Art. 1175 );
- features of inheritance of certain types of property ( Civil Code of the Russian Federation, Chapter 65 ).
Registration of shared ownership rights to an apartment or house
Let's consider another form of inheritance, which is stipulated in the current legislation - the right of representation. Sometimes situations arise when the heir dies before entering into the inheritance. In this case, his share, which is due from the deceased owner, is divided equally among his heirs (Article 1146 of the Civil Code of the Russian Federation).
The queue is as follows:
- instead of dead children - grandchildren and granddaughters;
- brothers and sisters - nephews and nieces;
- aunts and uncles are cousins.
In other words, the property passes to the heirs of their line, but does not extend beyond the third.
By will
How to separate from common property
If there are more than one heirs to the property of a deceased person, then all applicants are tormented by the question of how their share can be allocated. After all, simply being content with the fact that you own something is usually not enough.
Many people want to sell real estate and get cash to spend on their needs.
Russian legislation provides for the possibility of selling a share in the common property, but for this the heir will have to go through a certain bureaucratic path, consisting of several stages:
- Documentary certification of your rights to part of the testator’s property is carried out by visiting a notary’s office.
You will need to provide the necessary documents confirming the death of the testator and your relationship with him (in the case of a will, you will only need an ID card to verify the data matches). The result of contacting a notary should be the receipt of a certificate of inheritance within a period specified by law ( Civil Code of the Russian Federation, Art. 1154 ).
- Registration of ownership of an inherited share of real estate is carried out at the local branch of Rosreestr.
To carry out the procedure, the heir will have to write an application, pay a state fee and provide several mandatory documents (certificate of inheritance, cadastral passport).
- Allocation of a natural share in common real estate is carried out through an agreement between all owners, or in court.
An important condition for the allocation of shares in kind is the technical possibility of separate coexistence of the owners. For example , it is necessary to have or be able to install individual metering devices for each shareholder, etc.
Who by law has the right
In order to plan the allocation of a share in the inheritance and its subsequent implementation, you must first make sure that you are owed something at all after the death of a relative or testator. The Civil Code of the Russian Federation will help you understand this, which clearly defines who are the heirs by law (without a will), and who will receive their share on the basis of the spiritual deceased.
By will
The main feature of drawing up a will is that the testator can leave his property to anyone, even to persons who are not relatives. To do this, it is enough to indicate in the will a specific person or persons to whom the property will be transferred after the death of the testator.
Also, the testator can determine the further course of his property in the event that the heir abandons the property or dies before he can enter into inheritance ( Civil Code of the Russian Federation, Art. 1121 ).
It is important to remember that, despite the presence of a will, a certain circle of people have the right to allocate a mandatory share in the inheritance of a deceased father, husband or brother (Civil Code of the Russian Federation, Art. 1149):
- minor or disabled children of the testator;
- disabled spouse;
- disabled parents of the testator;
- disabled dependents.
The right to represent the inheritance of a share in a privatized apartment
If a deceased relative was the owner of a share in a privatized apartment, after his death the ownership of his part of the apartment is transferred to his heirs.
In this case, it does not matter at all how small or large the share of property is and how many legal heirs the testator has. It is distributed between them in equal proportions.
There are cases when, after entering into an inheritance and registering all the documents, the heirs became the owners of 1/16 of the apartment.
It is important to remember that this right does not extend to successors under a will.
Detailed information about how to correctly register an inheritance after the death of a husband is presented in the article: inheritance of a privatized apartment after the death of a spouse. How an apartment is inherited by law after death is written here.
How is the share inherited after the death of the testator?
According to current legislation, heirs can be divided into 2 categories. They receive property:
- Based on a completed will;
- In the order established by law.
The first category includes people who are not relatives of the deceased citizen. The donor draws up a document for any person or transfers part of his property to him.
The second group includes all relatives of the deceased citizen. The share of the deceased in a privatized apartment is registered by citizens in order, established by law. Moreover, it is inherited even by children born after the death of the testator, but conceived under him.
Let's look at each order of inheritance in more detail.
Collection of documents
In order to become the full owner of a share of an apartment or other real estate after the death of the testator, the heirs will have to collect a certain package of documents several times and submit it to various government authorities:
- passport of a citizen of the Russian Federation (original and copy);
- death certificate of the testator;
- certificate of form No. 9 (with a note on the deregistration of the deceased in the inherited apartment);
- documents confirming the relationship of the heirs and the testator (birth certificate, marriage certificate, adoption certificate, etc.);
- apartment privatization agreement (if this document is not in the deceased’s papers, you will need to take a certified copy from the local administration);
- certificate of registration of ownership (in the name of the testator);
- cadastral passport;
- extract from the Unified State Register.
an example document here.
Registration of inheritance in Rosreestr
To become the rightful owner of your share in the apartment, you need to register it with Rosreestr. When contacting the authorized bodies, you will have to write an application and also present the following package of documents:
- certificate of inheritance issued by a notary;
- passport;
- agreement between heirs on determining the size of shares (if any);
- documents for the apartment (cadastral passport and others).
It takes about 10 days to consider the application. Then the heirs are given an extract from the Unified State Register of Real Estate, where they are indicated as the owners.
State duty
When entering into an inheritance after the death of the testator, remember the need to incur certain financial costs - payment of state fees.
It is charged as a fee:
- for the services of a notary in conducting inheritance matters;
- and for issuing a certificate of inheritance.
Determining the amount of state duty depends on two factors:
- the value of the inherited property;
- the presence of family ties between the testator and legal successors.
If you are a close relative of the deceased, the state duty will be 0.3% of the value of the inherited property. If the heir is not related to the testator, he will have to give 0.6% of the value of the property as a fee to the notary.
The value of the property itself is determined on the basis of cadastral data provided upon request to a notary from the Unified State Register.
Legalization of the premises
The heirs receive the legal right to real estate or its share only 6 months after the death of the testator. During this time, they are obliged to contact the notary at the place of residence of the deceased or the one who drew up and kept the will.
After opening a notarial file and notifying the notary of their claims to part of the inheritance, six months later the successors will receive an official document - a certificate of inheritance. An example can be seen here.
Based on it, state registration of ownership of a share in the apartment will be carried out in Rosreestr.
Application for registration can be
What is a share of an inheritance?
The Civil Code of Russia (Article 244) calls property owned by a group of persons shared ownership. The quantitative size of a person’s property is determined or it is divided between the owners into equal parts.
Paragraph 4 of the article states that common ownership of property arises if the division of joint property into shares is impossible or violates legal norms.
Part of the property of any dwelling is recognized as a share. This type of property arises in relation to objects:
- residential homeownership in whole or in part;
- the whole apartment or some part of it;
- room.
Important! According to Article 247, enshrined in the Civil Code of the Russian Federation, property is recognized as common property.
The share of an apartment by inheritance does not deprive the owners of the same right to live, move in other people at will, donate shares or draw up wills.
Certain types of property disposal are not permitted without obtaining the consent of the share owners (Article 246 of the Civil Code of the Russian Federation):
- renting out living space for rent by other people;
- settlement of citizens who are not members of the owner’s family;
- alienation (by law).
Civil Code of the Russian Federation, clause 2, art. 246, contains nuances that give the owners of part of the premises the right to purchase parts of the housing before other buyers.
Going to court
Going to court is a real help in cases where individual inheritance issues cannot be resolved amicably.
- Pass 6 month old the period allotted for claiming your rights to inheritance.
In such a situation, in order to resolve the issue favorably, it is necessary to provide documents confirming a valid reason for absence. Otherwise, you will not be able to do anything, and you will have to come to terms with the fact that the inheritance will pass you by.
- Allocation of a mandatory share.
When an heir receives certain property according to the testator's will, other claimants can sue for their share of the inheritance. This option is possible in cases where the testator has relatives who have the right to receive a mandatory share in the inheritance.
- Allocation of a share in kind without the consent of other owners.
If your co-owners are not ready to enter into an agreement, you can resolve the issue of dividing the common property in court. To do this, you will have to obtain a preliminary technical opinion on the possibility of division.
It is important to remember that litigation related to inheritance of property can last a long time, exhausting mentally and physically all participants in the case. Therefore, it is necessary to take unprecedented measures to peacefully resolve all controversial issues between the heirs.
Do you want to understand how you can inherit an apartment if a will has not been drawn up? Read about this in the article: inheriting a privatized apartment without a will. Do you know if it is possible to refuse part of the inheritance in favor of another heir? See about it here.
Do you want to understand how the inheritance is divided between the wife and children after the death of the husband? Read more about this here.
Relinquishment of a share in an apartment
If one of the heirs wants his share in the apartment to be inherited by another heir, it is enough for him to renounce the property allotted to him in writing in favor of a specific person or without specifying him. Refusal is possible in cases of inheritance by law and by will within six months after the opening of the inheritance (Article 1157 of the Civil Code of the Russian Federation). To do this, the heir must submit an application to a notary (Article 1159 of the Civil Code of the Russian Federation).
When inheriting by law, you can only refuse in favor of the legal heir or not specifically specified persons. The same applies if there is a will.
A minor or incapacitated citizen is allowed to refuse the due part of the inheritance only with the consent of the guardianship authority, which is actually very difficult.
It is impossible to formalize a waiver of the obligatory share in the property left as an inheritance, or to give your share to an unworthy heir.
After one of the heirs refuses his part of the apartment, the rest have the right to an increase in their shares (Article 1161 of the Civil Code of the Russian Federation).
Any of the heirs can refuse their share in the apartment, regardless of whether there is a will or not. The reasons for refusal can be any. Perhaps the heir decided to give his part in favor of other participants in the division of property. Or the size of his share is 1/8 of the apartment and has practically no value.
To renounce your part of the inheritance, you need to write a corresponding statement and have it certified by a notary. This must be done within 6 months from the date of death of the owner. That is, before the lawyer issues a certificate of inheritance.
Possible difficulties
Difficulties at the stage of inheritance may arise if there is a lack of understanding between the heirs.
- The difficulty of transferring real estate by inheritance is that the apartment or other property must be divided into shares among all heirs.
- In addition, this difficulty is complicated by the fact that the management and disposal of living space divided between the owners is possible only if there is a unanimous decision of each of the heirs.
Therefore, before entering into a phase of hostilities and threatening each other with courts, it is necessary to take the help of an experienced lawyer.
The specialist will be able to adequately explain to each of the heirs:
- his rights and obligations;
- and the challenges that may be encountered in conducting litigation.
Transfer of a share of an apartment by will
Any owner, during his lifetime, has the right to ensure that his property passes to one person or another. To do this, he draws up a will, which is certified by a notary. Without notarization, the document has no legal force, and therefore is not a basis for transferring part of the property as an inheritance to the specified persons. In this case, inheritance occurs by law.
The will specifies the distribution of shares in the apartment. That is, who and how much is due from the deceased.
