How to inherit an apartment under a will after the death of the owner
The object of inheritance can be any property of the deceased owner, including his apartment.
Heirs can accept bequeathed property after the death of a co-owner in two ways:
- notary - submit an application for accession to inheritance rights to the appropriate notary office;
- in fact - to carry out specific actions confirming ownership of the apartment (accommodation, payment of utilities, repair work).
The actual acceptance of the residential premises does not give the right to dispose of them, so the heir will need to contact a notary, confirm the fact of acceptance of the inheritance and register ownership in Rosreestr.
Registration of bequeathed property into ownership is possible from the moment the inheritance is opened. The notary must provide a death certificate of the citizen and an application for entry into inheritance rights.
In addition to the heirs directly indicated by the testator in the order, there are a number of persons who have the right to an obligatory share in the inheritance, regardless of its content (Article 1149 of the Civil Code of the Russian Federation):
- minor children of the deceased;
- disabled relatives (children, parents, spouse);
- dependents (if they were supported by the deceased for 1 year before his death).
Reference! Only the property specified in the will passes to the recipients specified in the will. Other property not specified in the order is distributed among all heirs who have the right to it by law in the manner prescribed by Chapter 63 of the Civil Code of the Russian Federation.
Documentation
To accept a bequeathed property, you must prepare and provide the notary with the following list of documents:
- Application for acceptance of inheritance.
- Death certificate or court decision declaring a citizen dead.
- Heir's passport.
- Documents confirming relationship.
- A document confirming the last place of residence of the testator.
- Original will.
- Title and technical documents for residential premises owned by the testator.
- Property appraisal report.
- Receipt for payment of state duty.
All documents provided to the notary must comply with legal requirements, not contain corrections, and have not expired.
Deadlines and procedure
The legislation establishes a period for taking actions to accept an inheritance - 6 months from the moment of death of the testator or from the moment the court decision declaring him dead comes into force (Articles 1114, 1154 of the Civil Code of the Russian Federation).
After the specified period, the receivers receive a certificate of inheritance, which gives them the right to register their right to real estate.
To register property rights under a will, the following procedure must be followed:
- Prepare the necessary list of documents.
- Submit the application and documents to the notary at the place where the inheritance was opened. The notary will verify the authenticity of the submitted documents and set an approximate date for receiving the certificate.
- Conduct an assessment of the inherited apartment or provide a certificate of cadastral value (the amount of the fee will depend on the price of the apartment).
- Pay the state fee.
- On the appointed day, receive a certificate of inheritance.
- Go through the procedure of registering property rights in Rosreestr.
After completing these actions, the heirs have the right to dispose of the real estate at their own discretion.
Price
The exact cost of property registration will depend on the region.
The total amount includes the following costs:
- notary services for initial application – about 1000 rubles;
- filing an application to open an inheritance case – 300 rubles;
- opening the envelope and reading a closed will – 300 rubles;
- valuation of a property - on average from 3,000 to 5,000 rubles;
- certificate of cadastral value of the apartment – 350 rubles;
- state duty - 0.3% for heirs of the 1st and 2nd stages (except for grandparents, but not more than 100 thousand rubles; 0.6% for other heirs, but not more than 1 million rubles;
- obtaining a certificate – 200 rubles.
Minors and incompetent heirs, persons who lived together with the deceased in the inherited residential premises are completely exempt from paying the state duty. Disabled people of groups 1 and 2 pay a partial fee (50%).
If the inheritance is accepted by several persons, then the payment of the state duty is divided between them in proportion to the part of the property received.
Procedure for entering into a will
To enter into an inheritance, you must do the following:
- Draw up an application for entry into the rights of an heir and submit it to a notary;
- Collect the necessary documents that will be handed over to the notary;
- Pay the state fee and its services;
- Obtain a certificate of entry into the rights of an heir;
- After six months, register ownership of the inheritance. To do this, submit a certificate of inheritance to the RosReestr authorities within the prescribed period, register the inherited property, and receive an extract from the Unified State Register of ownership of it.
How to inherit an apartment under a will after 6 months?
It often happens that the heir did not have information about the disposition of the deceased and did not take measures within the prescribed period to accept the property due to him.
If there are good reasons for this, then it is possible to restore the missed deadline and register the property as a property after 6 months. If, in addition to the heir who missed the specified period, there are other successors, and they do not object to the restoration of the terms, then it is only necessary to submit their written consent to the notary. Certificates issued earlier will be canceled and shares in property rights will be distributed taking into account one more applicant.
If the heirs or one of them does not agree with the restoration of the deadline, the candidate who missed the time will be forced to resolve the issue in court.
The court may recognize the reasons for missing a deadline as valid in the following cases:
- the citizen did not know or could not know about the death of the testator;
- was on a long business trip;
- was in hospital for a long period of time, and therefore could not exercise his right;
- was in prison;
- did not have the opportunity to leave another country;
Attention! The heir must go to court within 6 months from the date of elimination of the reasons why the deadline for accepting the property was missed. If he does not go to court within the time allotted by law, then the rights to receive the inheritance will be lost even if there are compelling reasons for not accepting it on time.
Claims and deadlines
Usually, people think that an apartment will fall into their hands as an inheritance according to a will immediately after the funeral of a loved one. This is partly true if we talk about audio confirmation through the announcement to a person that the apartment is inherited by will or its written confirmation by mail from a notary office as a fact of the event. This phenomenon is legally called the time of opening of the inheritance. It coincides with the moment when the person died.
However, this is not always the case. To begin with, documents for inheriting an apartment - a certificate of this right, interested heirs will be able to receive only 180 days after the death of a beloved relative who, for various reasons, expressed a desire to transfer the property. Then the heirs notify the notary's office about accepting the inheritance of the apartment under the will; in the event of refusal, the one who should have actually entered into this right is notified by a testamentary letter, but does not want to dispute it in front of others and himself withdraws from this.
Requirement: if applicants in a direct line or other relatives, as well as subjects, answered negatively regarding the acceptance of inheritance of an apartment under a will, then other persons who will also claim this premises by right, under certain circumstances, namely after three months, will be able obtain a certificate from the authorized official.
The authorized notary identifies other applicants, identifies the likelihood of acceptance or removal, appoints such persons as the owner of the second order, or, due to the impossibility of establishing any line, declares the given premises as having no heirs, or escheat.
Exception: mention of a child who was not born but was conceived during the life of the testator and who was appointed as an heir. Since it will be possible to issue a certificate, for example, of the right to a land plot under a will or a cottage on it only after his birth and the recognition of the baby as a citizen. This process is done in an elementary way: after the birth certificate is issued by the civil registration authorities, through the court, to which the child’s parents must apply.
Where to present certain claims that arise from people who can challenge the personal secrets of notarial processes related to inheritance:
- first of all, in the notary organization that is involved in the case;
- secondly, from a legal entity that was authorized and performed its duties;
- in the third - from the executor, to whom, for example, the female manager bequeathed them to be;
- fourthly, in court.
Any of those who rightfully own movable or immovable property may make claims against a direct or other person for the right to receive a testamentary disclaimer. They will begin processing this from the day the information is opened, subject to expiration in the time period of three years.
How to inherit an apartment without a will?
If a relative died without drawing up a will for the apartment, then the inheritance will take place in accordance with the order established by the Civil Code of the Russian Federation.
In this case, the degree of relationship between the applicant for property and the testator matters. The legislation gave the priority right of succession to the children, spouse and parents of the deceased. In the event that there are no heirs of the first stage or they have renounced their right, the heirs of the next stage can contact the notary. The procedure for acquiring ownership rights is similar to inheritance by will.
If the deceased has no relatives or heirs under the will, then his property is considered escheated and transferred to the ownership of the state.
FAQ - answers to frequently asked questions
When people are faced with solving hereditary problems, they have a lot of different questions.
Here are the answers to some of them.
Question 1. Who should register the inheritance - a public or private notary?
Until 2020, only a state notary had the right to deal with inheritance registration. A private specialist, in accordance with Article 36 of the legislation on notaries, was engaged for this purpose only in the absence of a state notary in the district. However, this article has been canceled, since today there is no division into private and public notaries.
Question 2. After what time can the heir assume his rights to inheritance?
The actual acceptance of the inheritance is possible even from the date of death of the testator, but its legal registration must take place 6 months in advance. If a person is registered in an apartment, this does not in any way affect the inheritance procedure. When the heir renounces the inheritance at some stage, the next in line is given another 3 months from above.
Question 3. Is it possible to refuse an inheritance?
Yes you can. Often the mortgaged value of the inherited apartment is less than the debts that will have to be repaid. In this case, refusal is natural. In addition, this practice exists between close relatives when registering an inheritance for an apartment for the purpose of its further sale.
Registration of property for one relative is much cheaper and easier than for several. This solution simply saves money. Read more about the procedure for refusing an inheritance in our special article.
In conclusion, I suggest watching a video on the topic discussed.
