Inheriting an apartment in Belarus: all the main points

General inheritance issues

The issue of inheritance has always been relevant, and even now disputes continue to arise over who should receive the inheritance and what share. There are two ways of inheriting property - by will and by right . Thus, if the first option accurately reflects the will of the testator, then the second will depend entirely on the degree of your relationship with the deceased.

A will can be drawn up for the entire property or for a specific part of it. So, for example, an object owns a car and an apartment; he can write an application for both objects or only one, at his discretion. Since the document is concluded on one side, it does not require disclosure before its announcement, and therefore, sometimes, persons who are included in the wills do not even suspect it until the death of the testator is confirmed.

If the object does not want to disclose the contents of the will, then there is a closed form of the document that only the testator himself will know.

The procedure itself will take place as follows: the subject comes, writes a will in a separate room, after that 2 subjects put their signatures as witnesses, and the notary, without reading the will, seals it with an envelope and puts the date and place on it. According to the law, this document can be opened only after the death of the subject himself, or rather after official documents confirming the fact of death.

The announcement procedure must be carried out on the same day when the notary learned about the death, and in the place where the deceased most recently lived.

According to the law, a will is created for the last will of the subject, and therefore can be used, like a prohibition on property to any person. So, for example, the testator can indicate the subject who is denied the right to use. In this case, he will not be able to become an heir, even if all other relatives refuse the inheritance. The only point that should be noted is the fact that it is impossible to deprive an inheritance of someone who is entitled to it without fail:

Children who have not reached 18 years of age or are incompetent;
Parents who are incompetent or have been fully supported by the subject for a long time;
Incapacitated spouse;
A person who is a distant relative or is not one at all, but lived with the subject for more than a year and was constantly supported by him.

Instructions for obtaining by law

In order to enter into the inheritance of an apartment according to the law, you must:

Fill out the application in the notary's office. It indicates the full name, details of your passport, information about the deceased. If you are registered in this apartment, then you don’t have to submit an application at all. It is enough that you pay utilities in this apartment.
You need to collect a small package of necessary documents: a passport of a citizen of the Russian Federation, a document that confirms your relationship, a death certificate and all documents for the apartment.
The payment of the duty depends entirely on the value on the real estate market. But if a relative is a family member, and this apartment is his only place to live, then in this case, he does not pay the state fee.
The notary issues a certificate stating that you have the right to inherit this apartment after 6 months. If the notary has no doubts that there are no more applicants and you are the only heir, then the certificate can be issued before the specified entry date.
To register the acquired property, you need to submit documents to the Rosreestr office at the location of this apartment. In order to register, you need to bring: a passport, a privatization agreement, a certificate of inheritance of property and a receipt with payment of a fee of 2000 rubles. Registration will take 3 months.

This is interesting: The statute of limitations for inheritance is 2020

After all the documents have been reviewed and studied, the registration of the inheritance right will be carried out and the certificate will be issued to the new owner of the apartment.

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

If housing was purchased during marriage with common money, then it will be considered jointly acquired property . In this case, according to the law, each spouse must receive exactly half of the housing. After one of the spouses dies, his share passes to the heirs, while the remaining half remains in the possession of the spouse.

In this situation, it is worth remembering that the spouse is a participant in the first stage , and therefore has the right to receive the second part of the apartment along with children and parents, if any. It is also worth considering that even despite inheritance and other factors, the spouse can receive a portion if he is disabled for any reason.

There are also situations when one of the spouses refuses to take part in privatization, and is subsequently listed as the owner. In this case, only one of the spouses will be the owner of the apartment. In this case, when one of the spouses dies, the entire apartment will be inherited. And the second spouse can receive it by will or by right.

This will also be the case if an apartment or other property was purchased before marriage or during it, but is not considered jointly acquired (the spouse will receive it as an inheritance or as a result of a gift). In this case, as in the previous one, the apartment will be completely inherited and will go to all heirs of the first stage.

It is worth noting that if the object does not have a spouse: she has died or does not have rights to inheritance, then the apartment will be received by people according to the will or by those next in line, if this document is not provided for.

The procedure for inheriting an apartment by law after death

Inheritance of an apartment by law after death is accepted by the heirs. Heirs by law are those people who are first in family ties with the deceased: husband, wife, son, daughter, father, mother.

It is to this number of people that the inheritance is primarily intended. That is, if these relatives exist, then the rest, more precisely distant ones, no longer have anything to do with the apartment. By law, direct heirs must receive the inheritance first.

Particularly distinguished are those heirs who were not relatives of the deceased, but were one family - so called, dependents. In order for such a person to acquire property, it must be noted that at the time of the death of the testator, he must be disabled. The law includes women over 55, men over 60, disabled people, and children under 16.

The part of the heir by law, before the deceased opened the inheritance, passes by right to the children. Often in the practice of a notary there are cases when a person just submitted documents for the privatization of a living space, but died without having time to register the apartment. In this case, the heirs also have the right to this property.

How to inherit an apartment?

Inheritance is quite often the cause of a major quarrel that can arise in the family. A will does not require publicity until the death of the subject, and therefore there are often situations when some of the relatives do not even know about the will of the deceased, and this becomes an unpleasant surprise for them.

The fact that a will is drawn up correctly is very important. Many people do not pay attention to this point, but in vain. According to statistics, more than 50% of wills were declared invalid due to the lack of certain data in them, or an incorrectly written date and place of execution. So, at first glance, just a nuance can destroy the entire document. It is for these reasons that we recommend making a will with notaries.

The law of the Russian Federation provides for your will to make any changes to the will, in addition, you can cancel it at any time. Also, it is absolutely your decision to choose a private or public notary. Many people believe that if they choose the first one, their wallets will be empty in an instant, but this is not so. The thing is that if you calculate all the costs of both, you won’t get much of a difference. The main fee of a public notary will be that you will have to pay a state fee for the services provided to you, but also pay extra for the forms and other services that you will receive. A private notary will receive a fee from you only once, the amount of which will include all services and documents.

But remember that if you fail, the public notary will receive a reprimand, and the money will be returned to you and the budget. But a private notary, not only will he have to return the money himself, but he will also pay dearly for his reputation, even to the point of complete bankruptcy. But, remember that for some cases both notaries may lose their license. For this reason, many of them require additional certificates from you so that later the court cannot undermine you. Remember that if you find a meticulous notary who constantly checks and double-checks everything, you are very lucky to have him.

The order in which shares in a privatized apartment are distributed

If the inheritance passes not by will, but by right, it is necessary to know the order in which it will pass from subject to subject:

1st stage - parents, living spouse, children (natural and adopted), children who have already been conceived but have not yet been born at the time of the object’s death will also be considered;
2nd stage - grandparents from mom and dad, as well as brothers and sisters of the subject;
3rd line – aunts and uncles of the deceased;
4th place – distant relatives or persons who lived on his money for more than one year;
5th line – distant relatives up to the 6th generation. It is worth noting that the degree of relationship plays a role here. Thus, an uncle of the third generation will receive an inheritance sooner than an aunt of the fifth.

Documents required for registration of inheritance of a privatized apartment

In order to draw up a will, you won’t need a million documents, but you shouldn’t come empty-handed.

In order to immediately complete the application, you should take with you:

Identity documents - passport or other data, providing a power of attorney at this point will not be suitable, since only the owner himself has the right to write a will;
Information about relatives or other objects to whom your property will be given after your death. So this item must contain: full name, date of birth, as well as the actual residential address of the objects;
List of all bequeathed property;
Documents stating that you are the owners of this or that item and property;
Permission from the guardianship council and a certificate of full support, if the subject is under 18 years of age;
A certificate from a mental health clinic about a person’s state of health is needed if the person is over 60 years old. Please note that a property over 70 years old will not be probated without such a document.

All points are made only to ensure that this is the will of the subject, and he can think sensibly in relation to himself and his property.

What to do if relatives do not agree with your inheritance?

Within 6 months from the date of announcement of the terms of the inheritance, a person can either accept it or refuse it completely. Remember, the period begins to count from the moment of announcement, and therefore the act when you learned about it remains unimportant. Remember that if you agree, you can change your mind before the end of the term and refuse it. But, in case of refusal, there is no turning back, since this document does not provide for the return of property.

After the six-month period has expired and the heirs have been identified, they can immediately take possession. But, if the first-priority heirs or subjects of the will were canceled as good candidates or refused the inheritance, then the next in line take over the right and have a period of 3 months to accept the property, or 6 months to renounce it .

Remember that even if you did not invest in the terms, but would like to abandon the property, you can always do this through the court. But to do this, you will need to prove in court that you couldn’t refuse for a reason, and that you had a reason. So, it could be a long business trip over long distances, health conditions or any other circumstances. In order to finish these matters, you will be given another 6 weeks.

Who will get the apartment if it is not privatized?

It is important to understand that you can only inherit property that belongs to you . In the case of a non-privatized apartment, this property does not belong to you, and therefore cannot be inherited. While you live in a non-privatized apartment, you only have the right to live there, and not to dispose of it. Therefore, you cannot write a will on it or hope that it will be passed on to your spouse, children, or others. It is the property of the state and will remain so forever.

But it is worth knowing that if the deceased lived there not alone, but with children, close relatives or other persons, no one will kick them out of the apartment after death. So, they can stay in their place in an apartment or other residential building. The only difference will be that new residents will need to renew their tenancy agreement.

How to receive an inheritance

Inheritance of an apartment by law or by will is carried out in the same manner. The applicant for the inheritance must appear before the notary and submit an application for acceptance of the inherited property. However, you should not count on immediately receiving documents for the apartment.

The procedure and rules for inheriting a privatized apartment, what is needed for this, where to go

The privatized apartment is inherited by will or law and goes to the heir after proper registration of his rights. This procedure is carried out by notary offices. In some cases, persons acting as a notary can register an inheritance. If a locality does not have its own notary, his powers are exercised by the heads or employees of the local administration.

To apply to a notary (other person), the heir must prepare an application and a number of documents:

a document confirming the death of the testator;
information about his last place of residence;
passport or other identification document of the applicant;
confirmation of family ties (if there is no will);
will (if any).

In some cases, additional paperwork may be required. Their list can be clarified directly from the notary.

If an application has not been submitted

If the application is not submitted by any of the heirs, then he cannot be considered to have accepted the inheritance. It can only be submitted within six months from the date of death of the home owner. However, the missed deadline for filing it can be restored through the court.

The exception is cases of actual acceptance of the apartment left by the deceased. If the heir lived with the deceased and remained in the apartment after the death of the owner, took care of its maintenance, and incurred expenses, then he is recognized as having accepted this inheritance.

Procedures in court

Entry into inheritance rights occurs within the time limits established by the code. If an applicant for an inheritance misses the deadline for filing an application, its restoration occurs in court. A late heir should draw up a written application indicating the reasons for missing the deadline and asking for its restoration.

There are no specific valid reasons that serve as the basis for granting the application.

Acceptance deadlines

The apartment is inherited by the heir only according to the rules established by the Civil Code of the Russian Federation. A six-month period is provided for applicants to submit applications for inheritance. Before this time, inheritance documents cannot be issued.

Inheritance of privatized housing WITHOUT a will

How to inherit privatized housing without a will was described above. Please remember that in these cases the rules of the code will apply. And the right to an apartment will be given to the relatives of the deceased in the corresponding order. To get an apartment, they will also need to register their rights with a notary.

What do you get if a privatized apartment is located in a building for demolition?

If the new owner inherits an apartment that is located in a building for demolition, according to the law of the Russian Federation, the person must receive:

Payment of housing costs;
Moving costs;
Renting a new home, etc.

This is only part of the costs that the state must cover in the event of demolition. So, the law clearly states that no one can evict you just like that. Instead of demolished houses, owners should get new ones that will be approximately the same and in the same condition.

But the important thing is that they just have to find you housing. They will absolutely not care about the location of their new place of residence or other parameters.

There is also the option of compensation for the cost of housing . In this case, individuals receive a certain amount of money. Once you receive the money, you can buy a new living space that is right for you. The amount of compensation must be equal to the cost of the apartment. For this purpose, apartment appraisals are often carried out, but usually the owners’ expectations are not met, and the authorities will have to collect the amount you need for a long time.

Established shared ownership

By figuring out who gets the apartment after the owner’s death, the successors learn that they become co-owners. They need to jointly figure out the rules for inheriting a privatized apartment in Russia. An employee of a notary office has the right to issue 1 certificate indicating the share of successors in the inheritance or a separate certificate to each successor to whom the share in the apartment is transferred after death.

Having received documentation confirming the inheritance rights to the apartment after the death of the testator, you should register the share in the apartment after the death of the late owner in Rosreestr here.

Having figured out how a privatized apartment is inherited after the death of the owner, the successors must decide on further actions. Anyone who has registered a share can sell, donate, or bequeath a part of a privatized apartment. When selling real estate within 3 years after re-registration of ownership of a privatized apartment, you will have to pay a tax to the state in the amount of 15%. This is stipulated in inheritance legislation.