Agreement on the division of inherited property between heirs

Pravozhil.com > Real estate registration > How to draw up an agreement on the division of inherited property between a group of heirs?

Sometimes, when entering into an inheritance, the property of the deceased will have to be divided among several people. This occurs by concluding an agreement on the division of inherited property between the heirs.

Often, with this method of distributing inheritance, questions arise about the procedure for applying legislative provisions in specific situations. Let's talk about this further.

Compilation requirements

For a simple written agreement to have legal effect, the requirements include:

availability of legally significant information, its relevance;
legibility of text writing, absence of erasures and corrections - in general, it is better to type the document on a computer;
brevity and specificity of presentation;
competent legal formulations and absence of colloquial expressions.

When concluding an agreement on the division of property between heirs through a notary, a standard template is used. In this case, compliance with legal requirements is guaranteed.

How to compose correctly

Correct combination

A sample agreement for the division of inherited property can be downloaded on the Internet, or obtained from a notary, who will have the agreement certified.

The agreement on the division of inherited property has the following structure:

At the very beginning, the name of the document is written, namely, “Agreement No. ... on the division of inherited property;
Next, the actual address where this agreement was drawn up is written down (notary office, place of residence of the deceased testator), and the exact date is also indicated;
Next, the personal data of the first heir is written down: last name, first name, patronymic, as well as date of birth and place of registration;
After this, the information of the remaining heirs is recorded (last name, first name, patronymic, as well as date of birth and place of registration);
Next, the fact of concluding an agreement on the division of inherited property left after death by a specific testator is stated. Here you must indicate the full name of the deceased testator, as well as the day/month/year of his death;
After this, you need to indicate the presence of a certificate of the right to inheritance from all heirs (as well as the day/month/year of its issue), the notary body and the specific specialist (notary) who was responsible for issuing the certificate;
Afterwards, an inventory is given of all personal property that is distributed among the heirs and which became the reason for drawing up an agreement between the heirs;
Next, the article of the Civil Code is indicated, on the basis of which the division of common property will take place, namely articles 1168 and 1170;
After this, it is indicated how the heirs decided to divide the common property. For example, the heirs can agree that the apartment will be inherited by one of them, while the second will receive monetary compensation for giving up his share in the apartment. The deadlines for when the heir undertakes to pay this compensation to the second are also written down;
At the end it is mentioned that the agreement is drawn up in triplicate (for example, two for two heirs and one for the notary);
Then the heirs put personal signatures;
At the very end there is a list of documents that are attached to the agreement. Among them should be: a death certificate of the testator, a photocopy of the certificate of inheritance, documents confirming the right of joint ownership of a single piece of property (for example, an apartment);
Personal signature of the notary;

Download

Agreement on division of inheritance

Conditions for division of property

The procedure for dividing property between heirs

The distribution of the inheritance takes place taking into account the following legal requirements:

if among the heirs there are minors, incompetent or partially capable persons, the agreement is drawn up only after receiving the approval of the guardianship and trusteeship authorities;
According to the law, the conceived but not yet born descendants of the deceased receive the right of inheritance. In this case, to divide the property, the applicants will have to wait for the birth of a “competitor” and provide part of the inheritance for his share;
among things and inheritance rights there may be “indivisible” objects and providing for the “preemptive right” of one of the heirs: those objects that cannot be distributed among people without loss of consumer qualities and technical characteristics (for example, a vehicle) are indivisible;
First of all, those heirs who owned the property by right of personal ownership during the life of the testator on an equal basis with him (regardless of the actual use of the object) lay claim to the thing. Such ownership can be an apartment in shared ownership with the testator for 1/2 of its part;
the interests of disabled heirs from among those who were permanently dependent are also taken into account in the first place;

The inheritance includes household items, utensils and similar property. Heirs who permanently lived with the testator and used these things during the life of the deceased have first claim to such property.

Important. “Usual” property is due to be shared equally with the other estate, and not in excess of it. So you shouldn’t count on a general increase in your share due to household utensils.

The following property and rights do not fall into the inheritance estate for shared division:

escheated - objects alienated to the state due to refusal of the heirs;
transferred to the applicant partly by law, partly by will;
when the object is legally claimed by one heir;
things precisely distributed by will.

How are shares determined?

The division agreement must include complete information regarding the shares of each heir.

According to the Law, the share of each heir is determined without drawing up a division agreement. So, for example, a large share in an apartment should be received by the heir who lived with the testator until his death.
In addition, minor children, incapacitated relatives (disabled people) and first-degree relatives (spouses, children, parents) have priority rights to inheritance;
If one of the heirs wants to receive an absolute right to inheritance, for example, an apartment, then he can pay the other heirs a sum of money exceeding the value of his share in the property left behind.

The heir retains the right to such a “farm-out” for three years from the date of entry into the inheritance and after the conclusion of the division agreement.

If the testator has not drawn up a will or deed of gift in which the rights of each heir are prescribed, then the spouses/children/parents of the deceased have the right to half of the inheritance;

Registration of property rights

The procedure for registering rights to property received as an inheritance

Inheritance is divided into registered property (real estate, vehicles, shares, deposits) and those that do not impose such obligations on the owner (household appliances, clothing, etc.).

The second category is clear - you received a certificate, signed an agreement and use it.

For the registered part, the basis for inclusion in the registers will be the inheritance certificate and the agreement of the applicants on the division of property.

The heir-"shareholder" draws up his share according to the general rules of state registration of objects:

vehicles, depending on their type, are registered with the State Traffic Safety Inspectorate or Gostekhnadzor authorities (for example, tracked off-road vehicles);
the property is re-registered in Rosreestr. On the website of the Federal Registration Service, you can clarify the department for registering a specific object, a list of documents, and join the electronic queue when providing such a service.

Deadlines for registration

According to the Law, after a person dies, his legal heirs have six months to declare their existence. This can be done in the following ways:

To do this, the heir who learns about the death of a loved one must contact all notary offices at the place of permanent registration of the deceased.
If not a single notary has a documentary order regarding the fate of the personal property of the deceased, this means that he did not draw it up at all and all his property will be distributed according to the Law;
The heir will receive a certificate of the right to inherit from a notary at the place of residence of the deceased testator;

If the remaining heirs do not receive such a certificate, then the conclusion of the agreement on the division of inherited property may later be annulled in court.

After this, he and the other heirs must enter into an agreement on the division of the inherited property (it will stipulate the conditions for the joint exploitation of the left-behind property and how to divide the inherited property, determined by Articles 247 and 248 of the Civil Code of the Russian Federation);

Documents for registering inheritance by agreement

Depending on the situation, the package includes various papers. This will always require:

passport;
certificate of inheritance;
agreement on shares of inheritance;
documents for the registered object according to the list of the accounting authority.

Note that the law does not prohibit oral agreements between citizens. But when several heirs appear before the notary’s gaze, the specialist, of course, will offer to draw up an agreement on the division of the inherited property. This can be done in simple written form, or you can get a notarized document. Why?

There are often situations when disputes arise after the “point” in the inheritance case. Only a written document will serve as evidence of the agreement of the parties in court. He will also help judge the disputants according to the law and conscience.

In addition, under an oral agreement, difficulties may arise with the registration of property that is required to be recorded. So do not neglect the rules of legal security: seek help from lawyers for competent inheritance.

Procedure

To divide inherited property through the court in 2020, you need to prepare all documents and a statement of claim to submit to the court in advance.

You need to contact the court that is registered in the territory in which the case about the division of inheritance was opened.

Documentation

To divide the inheritance through the court, the plaintiff must provide the court with the following mandatory package of documents:

passport;
receipt to confirm payment of the fee;
statement of claim;
certificate of inheritance;
death certificate.

Sample statement of claim

The main document on the basis of which the case of division of inheritance is considered in court is the statement of claim.

The plaintiff in court proceedings is a person who believes that his rights were violated during the division of property.

A sample statement of claim for division of inherited property is here.

The claim states:

information about the court;
where to submit the application;
information about the plaintiff and defendant;
cause of action;
accompanying documents.

An agreement on the division of jointly acquired property between spouses can be concluded voluntarily. Do you need a sample settlement agreement on the division of marital property? Read here.

What is the period for dividing property after divorce? Details in this article.

Transaction objects

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

Property that is not affected by the will can be divided by agreement. The certificate of inheritance always indicates on what basis the share is transferred to use: by law or in accordance with the will of the deceased.

Important! Bequeathed items may become the object of a division agreement if there is a need to allocate an obligatory part.

For example, the future owner of the property under this agreement may agree to pay monetary compensation. Or if all the property was bequeathed to several persons, but the author did not indicate the ratio of shares.

Other objects can participate in the agreement all, or only some part. For example, if three heirs received documents for three objects: an apartment and two plots of land, then they can conclude any of the contract options:

allocate objects in kind, that is, each of the heirs will receive one entire object;
leave the apartment in shared ownership, and distribute the land plots between two heirs;
transfer all objects into the ownership of one heir, who will pay monetary compensation to others;
other options that suit all participants.

This is important to know: Witness immunity in civil proceedings

When drawing up a contract, you can focus on the market, cadastral value of objects or completely neglect this indicator. It all depends on how willing the relatives are to negotiate.

There is only one condition for concluding a deal: all participants must agree with the division. If someone does not give consent (intentionally or is simply indifferent to the property received), then the issue will have to be resolved through the court.

What does a sample agreement on the division of inherited property look like?

To draw up a draft agreement on the division of inheritance, it is recommended to use a sample in order to correctly formulate the structure of the document and indicate in it all the necessary details of the procedure.

Mandatory details of the agreement include:

document's name;
details of the agreement – date, place;
information about all heirs, including full name, passport, address;
an indication of the legislative norm (Civil Code of the Russian Federation) that guides the signatories when drawing up the agreement;
reference to a document giving the right to participate in the inheritance and distribution of the property of the deceased;
a detailed list of property included in the inheritance mass;
regulations for determining shares and distributing objects between all participants;
information about prepared copies (the document is prepared for signing in copies according to the number of heirs);
an indication of the impossibility of unilateral refusal;
further steps to re-register ownership to new owners;
Information about the heirs and their signatures is at the bottom of the document.

: Sample agreement on the division of inherited property (20.8 KiB, 59 hits)

If the distribution is unequal, the agreement indicates the amount of compensation paid to the party whose portion of the inheritance turned out to be smaller.

State duty, expenses

Entering into an inheritance involves expenses for a notary. If the heirs enter into an agreement, they can put it in simple written form. Or contact a specialist and have the contract certified at a notary office. Therefore, you should prepare to pay the state fee.

The cost may be as follows:

Property valuation - market or cadastral;
Certificate from a notary - 500 rubles
(clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation);