How to re-register accounts for an apartment after death

The process of re-registration of state property to a citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.

Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to the new citizen.
Rent. Rent agreements are often concluded with elderly single people.

The main tenant has died. How to re-issue documents correctly?

This can happen based on the laws of our state, and only once in a lifetime. Housing owned by the municipality or that is used as a social rental facility can be privatized. Privatization of an apartment and registration of an apartment are carried out according to a single principle. The tenant and heir can privatize the property free of charge. Together with him, all legal successors, with the exception of abandoned heirs, can engage in the process. For the privatization procedure, you need to obtain permission from other heirs living in the given territory.

These documents can help in the privatization process.

Re-registration of an apartment - step-by-step instructions

After privatization, there were three more co-owners: me, my sister and nieceread answers (1) Topic: Statute of limitations 3 years Question: They didn’t re-register the personal account in their name after the exchange. The number of registered ones has changed, and the bill comes to the old owner with a smaller number of registered ones. read answers (1) Topic: Can I privatize an apartment Until recently, the three of us lived in a municipal apartment: mother, me and my son.

How to re-register a personal account for an apartment after the death of parents

Naturally, with the presentation of original documents. As soon as they re-register, take an extract from your personal account. That's it with this organization. Let's go further - to the housing department of the administration.

There we bring originals and copies of identification documents of citizens registered in the apartment, documents proving their relationship (connection) with the deceased tenant and the death certificate of the main tenant. Identification documents, of course, include adult passports and birth certificates of minor citizens registered in this apartment. Those proving kinship (connection) include: marriage certificate (if there is a widow (widower) of the deceased), marriage certificates (if the wives (husbands) of the deceased’s children are registered in the apartment). First of all, I offer my condolences (probably the main tenant was a close friend or relative of you). So, you have a death certificate in your hands. You have already gone to the passport office and checked the deceased out of the apartment.

But the bills keep coming in his name. What to do? First of all, you need to gather all the adults registered in this apartment and all go to the housing complex together. There, the person who, according to the decision of the relatives, will be the new tenant fills out an application.

All registered adult relatives put their signatures with transcripts and dates of birth; for children, first names, last names, patronymics are entered, and dates of birth are also indicated. Signatures are placed in the presence of the head of housing and communal services, after which he certifies the application with his signature and seals.

BE SURE to check that all fields are filled out correctly! The application is small - take your time.

applications for acceptance of inheritance can be found here. But the application is not the only document that is presented to the notary. You also need to bring:

passport;
documents on relationship with the deceased;
document confirming the death of the testator;
an extract from the house register with information about all citizens who lived with the deceased in the same living space;
documents for residential premises;
cadastral documents.

Registration procedure

After the death of the owner of the apartment, heirs by law or by will must first contact a notary. The notary's office is determined based on the territorial affiliation where the apartment is registered. An application for acceptance of the inheritance is written at the notary. This must be done no later than 6 months from the date of death of the testator. In addition to the application itself, the notary will require your passport and documents that confirm family ties with the owner. Next follow these steps:

If other heirs have not put forward their claims to the inheritance, then after 6 months you will receive a certificate of entry into inheritance rights.
Contact Rosreestr and submit documents for re-registration of property rights.
After 30 days, you receive an extract from the Unified State Register of Real Estate about the change of ownership of the deceased’s property.

Sometimes there are cases when a potential heir turns to a notary, and the case for the acquisition of rights based on the application of another heir is open. In this case, the notary looks at the register where the case was opened and directs the relative to that notary office. If the applicant is geographically far from this notary office, for example, in another city and cannot visit it in the near future, then the notary confirms the authenticity of the documents, certifies the signature of the applicant and sends the file by mail.

How can you change the responsible tenant in a municipal apartment?

The division of a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay. This happens, for example, when spouses divorce and are forced to live together in the same place of residence, but in different rooms, and also when children start their own families.

Any changes in the financial-personal account are made with an indication of the document giving the right to make them. In addition, the date and signature of the passport officer must be included.

From the moment of purchasing a home, the responsibility to pay for housing and communal services passes to the new owner. This rule is established by Art. 153 Housing Code of the Russian Federation. If the apartment is in shared ownership without indicating the square meters belonging to each of the owners, then the allocation of the share in kind and the subsequent division of the personal account are possible only in court.

Re-registration of an apartment with a mortgage

An unpaid mortgage loan does not become an obstacle to prohibiting a property transaction.
Including to a close relative. The main thing here is the agreement with the bank. If only the right to an apartment is alienated, and the balance of the debt remains with the payer, the contract must be re-signed with the bank employees. In any case, the owner's ownership will come into force only after the loan obligations have been repaid.

If the property is re-registered together with an outstanding loan, the right to the apartment is transferred, with the transfer of the encumbrance to the new owner. The mortgage is reissued according to an algorithm established by investors.

If the borrower pays off debt obligations ahead of schedule, the property is transferred without encumbrances, without obtaining permission from investors (see Sale of an apartment with a mortgage).

How to re-register a personal account for an apartment after the death of parents

In accordance with the norms of the current legislation, all members of the tenant’s family registered (registered) in a municipal apartment have the right to further residence and to draw up a social tenancy agreement in their name.

If housing is purchased not in a new building, but in an old building, then after signing the purchase and sale agreement, you need to register ownership in the register. From this moment on, the new owner of the living space is obliged to pay for utilities himself.

Please tell me how to solve this situation? What should be my step-by-step actions to achieve success? I sincerely hope for your help.

A special financial account is issued for citizens' residential premises. Registration takes place for housing owned by right of ownership, as well as under a social tenancy agreement.

The Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) does not provide for the division of a personal account into a municipal apartment.

Registration at the place of residence is not a Soviet registration. There is also the concept of place of actual residence. Just the opposite. Consent is issued in the form of a statement.

Re-registration of an apartment to a close relative

Without a legal procedure that mediates the transfer of rights to a close relative, re-registration of housing is not advisable.
For this purpose, specific property transactions, such as donations, are provided. If the apartment has been owned for more than 3 years, it is permissible to draw up a purchase and sale agreement. If the property was owned for less than the specified period, the owner will have to pay personal income tax (see Sale of an apartment owned for less than three years).

The deed of gift is drawn up in a notary's office. Usually - according to a standard sample, on a form with protective watermarks. When confirming a close relationship, persons are exempt from the tax deduction, which for others is 13% of the value of the property (see Payment of tax upon receipt of an inheritance and registration of a deed of gift).

A gift agreement is a one-sided transaction, but both parties must be present when it is drawn up. The donor writes a statement on the basis of which documentation for the transaction is drawn up. By signing both copies of the deed of gift, the parties transfer the object in the prescribed manner.

It is permissible to draw up papers for the transfer of an object in a legal consultation or real estate company. The parties can carry out the procedure independently, drawing up copies in free form, but taking into account the rules of drafting and legally correct language that does not allow interpretation.

Having received a package of documentation from the donor, the new owner registers the apartment in Rosreestr, based on the drawn up deed of gift.

Other citizens prefer to draw up a bill of sale. For the most part, it is of a purely formal nature, becoming an integral part of the process of re-registration of living space for children (other close relatives). The state does not restrict such transactions for relatives, but cancels the property return due to the buyer of real estate in their direction.

Drawing up a property transaction agreement is required to form a legal basis. If the transfer of the object is carried out by re-registration at the request of the owner, a precedent will arise of the absence of a title document.

What happens to a municipal apartment after the death of a tenant?

The highest percentage of positive decisions when dividing accounts through the court is observed in large cities of the Russian Federation, for example, Moscow and St. Petersburg. There, judges almost always satisfy the requirements, but on the condition that the municipal apartments are actually inhabited by strangers. However, in other, smaller cities, claims are almost always rejected.

Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities. As a rule, the procedure for registering a deed of gift is as follows:

The owner turns to the notary with documents for real estate and a deed of gift.
The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
The owner of the apartment and the donee sign an agreement.
The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

After accepting the inheritance and re-registration of real estate, such property is the property of the daughter, the housing office cannot refuse to re-register the documents, since the daughter is already the legal successor of the mother’s responsibilities, including debts on utility bills.

Drawing up an agreement with the gas service, if necessary ○ Advice from a lawyer: ✔ We bought an apartment on the secondary market, we receive receipts for a large debt for housing and communal services, how can we prove that this is not our debt? ✔ We bought an apartment in a new building, but we are not allowed to open a personal account , With what it can be connected? ○ What conditions determine the priority of actions?

Having considered the case, the court may recognize the two absent relatives as having dropped out. The court will also oblige the municipality to recognize the granddaughter’s right to social rental housing. The court also appoints a tenant of the property in the event that family members cannot make a single decision, and each seeks to become a spouse when the other remains in the living space with the adult children of the deceased.

What to do after dividing the inheritance?

If the re-registration of the apartment according to the will took place without complications, then the heirs receive standard certificates of the right to inheritance. However, this paper is of an intermediate nature. It indicates the actual owner of the property, but does not give him full right to dispose of it at his own discretion. To become the full owner of your square meters, you need to re-register your living space with the Registration Chamber. Only after this can you bequeath, sell, donate and rent out real estate.

In order to do this, you need to contact the territorial division of Rosreestr or the Multifunctional Center. Today, many such institutions cooperate with the Registration Chamber and carry out the re-registration of housing under a will. Upon arrival at the place, you need to write an application, attaching to it copies of the homeowners’ passports, certificates of inheritance, technical documentation and a receipt for payment of the state duty. You can write the application yourself, fill out the form provided, or ask an employee of the institution to do it.

As a rule, verification of accepted documents lasts no more than a month. This period may increase due to a large number of homeowners or due to the identification of questionable data. The re-approval of the apartment ends finally when Rosreestr employees issue certificates to the applicants that they have become the full owners of the property.

The most interesting thing is that already on this day the apartment can again become an object of inheritance. To do this, its new owner can go to the nearest notary office and draw up a will.

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Housing Code of the Russian Federation, if a citizen ceases to be a member of the tenant’s family, then he does not lose his rights in relation to housing.

You need to take a certificate stating how many people are registered and contact the unified settlement center. If there are several owners, then each of them is required to give their approval for the re-registration of documentation. Before you buy a home, you need to make sure that the seller actually paid all the receipts. Otherwise, problems will arise for the new owner.

To legitimize the right to use living space and fix the responsibilities of the parties, a social tenancy agreement (SLA) is drawn up, in which the owner acts as a landlord (the term is used in the housing code), and the citizen acts as a tenant.

Priority actions of heirs

It is necessary to prepare for the fact that you will have to spend time and effort in order to re-register an apartment according to a will, long before the death of the testator. What does this mean?

Note: The fact is that the period for filing an application for inheritance is limited to 6 months from the date of death of the testator.

After this, the notary stops accepting applications, closes the case, draws up and issues certificates for their share to the heirs. All those who are late by this deadline can solve their problems only through the courts. But by the time a decision is made to extend the period for entering into an inheritance, it may already be sold and the money divided.

To avoid getting into such a situation, you need to act according to the following plan:

Clarify the possibility of inheriting real estate. The incapacitated spouses, parents and children of the testator have the legal right.
Find out from the client to whom he assigned his property. This will not be difficult if the heir is on good terms with you.
Find out in which notary office the registration of real estate as an inheritance took place. It is there that the apartment will be re-registered according to the will after the death of its owner. Leave your contact information to the notary with a request to inform you when the enforcement period begins.

After the unfortunate news is received, you must immediately arrive at the address where the object of inheritance is located. The next step is to apply for your rights in relation to the property.

The application must be accompanied by:

A certificate stating that the testator has died. This can be obtained from your hospital or local authority.
Documents confirming relationship with the deceased. They are needed only in cases where only part of the living space is registered. Relatives of various degrees of proximity and dependents can claim the remaining share.
Evidence that the inherited property actually belonged to the deceased.
Technical documentation for the apartment. This includes a technical and cadastral passport. If these papers are lost, they can be restored at the request of a lawyer at the Technical Inventory Bureau.

Of course, you need to prove your identity by presenting your passport. It is possible to send these documents by mail or through a proxy. The representative must present a special power of attorney certified by a notary.

Re-registration of personal accounts of an apartment to another owner

A state, departmental or municipal body has the right to terminate the contract in case of violation of the rules for using housing and in other cases provided for by law.

An agreement is drawn up with a management organization that manages the common property of owners of apartment buildings. This document is necessary for registering a personal account, where all data on the payment or non-payment of money for utility bills will be entered.

A happy event happened: you became parents. And many questions immediately arose: where is the child registered after birth?

Dividing a personal account Dividing a personal account becomes necessary when a situation occurs that more than one family living in an apartment runs a separate household, and the responsible tenant must pay.

passport of the owner-seller;
buyer's identity card;
technical and cadastral passports for real estate;
certificates confirming the absence of debt on bills in the apartment;
extract from the Unified State Register;
documents indicating ownership of real estate;
Marriage certificate;
the spouse’s permission for the transaction (if we are talking about jointly acquired property);
a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
an extract from the house register indicating everyone registered in the apartment;
consent of other property owners for sale (if the seller is not the only owner).

Re-registration of a personal account

You must submit an application to the supplying organization and provide a copy of an extract from the Unified State Register of Entrepreneurs about the transfer of ownership rights to you. 2. Is there a state duty when re-registering a personal account when buying a house? 2.1. There is no state fee for registering a personal account when buying a house.

3. How to close my personal account and turn off the gas in the house I bought, the account has not been re-registered.

3.1. Good afternoon, you re-register the account in your name, then call gas service specialists, they cut off the gas inlet and then close the account. Article 7.19. Code of Administrative Offenses of the Russian Federation. Unauthorized connection and use of electrical, thermal energy, oil or gas