New law on inheritance of shared property. Registration of inheritance of an apartment by law after death. The concept of inheritance by law

In connection with the entry into force of the third part of the Civil Code, the procedure for inheriting living space has changed somewhat. The main changes are as follows:

Who and how could previously count on an inheritance?

Heirs by law, standing in line one after another:

1. children, spouse, parents of the testator;
2. brothers and sisters, grandparents of the testator;
3. uncles and aunts of the testator;
4. great-grandparents of the testator.

Secondly, the heirs under the will could claim the inheritance.

Why the second? Yes, because any will could be challenged in court. And no matter who the person bestowed before death, his will could not be taken into account. Now the situation has changed radically. The new law announced new priorities - now last word the dying person is more important than the degree of relationship. His opinion will be taken into account. This means that heirs under a will have advantages over heirs under law. And this despite the fact that there were twice as many legal heirs.

Added to the above list:

• children of the testator’s own nephews and nieces (great-grandsons and granddaughters) and the siblings of his grandparents (great-grandparents);
• great-great-grandchildren, cousins, nephews and nieces, great-uncles and aunts;
• stepsons and stepdaughters, stepfather and stepmother;
• disabled dependents.

If the will is made for a complete stranger, then it will be very difficult to take away the happiness that has fallen from him. It is quite possible that this stranger was able to become closer and dearer than the children in a short time.

What can an “orphan of Kazan” count on?

Only in a will, in which she, an orphan, must be mentioned. Popular wisdom says: what is written with a pen and signed in time by a notary cannot be cut down with an axe. Here is an example of how you can now leave your relatives without anything and give gifts to strangers.

Mikhail once met Svetlana at a bus stop. He is 47, she is 21; she is from Kazan. Sheltered. For a whole year she read him bedtime stories, and for this he gave her an apartment. He was a good guy, kind, and he died on time. And how such a misfortune happened, it turned out that Mikhail had a disabled wife as his dependent. Although they lived separately, he regularly helped his wife. After his death, his wife found out that her Mikhail did not leave her a penny, and all honestly acquired property was bequeathed to Svetlana. The wife, of course, rushed to court. She began to prove that Svetlana is a rogue. It was she who drove her husband into the grave. She, as a dependent, has the right to an obligatory share in the inheritance. Indeed, a disabled wife has the right to part of the apartment and other property, but the court may rule not in her favor, but in Sveta’s favor.

Firstly, she lived in that apartment for a year (now this matters). Secondly, the court will definitely take into account the financial situation of both. If the wife of the deceased lived in prosperity, and the young lady had no means of subsistence, then the decision will be made in favor of the “orphan of Kazan”. And the legitimate wife will not see any honestly acquired property. As for the obligatory share in the inheritance, the circle of people whose share of the obligatory piece of happiness will fall is somewhat increased. But the size of this happiness was nevertheless reduced. From March 1, the obligatory share in the inheritance is at least 2/3 of what is due to the heir by law, but only half.

The following can count on an obligatory share in the inheritance:

• disabled relatives and persons equivalent to them;
• disabled non-relative dependents;
• men and women who have reached retirement age (55 and 60 years, respectively);
• disabled people of groups 1, 2, 3, including those disabled since childhood;
• minors until they reach working capacity - 15 years.

All of them must prove that they were dependent on the deceased for at least a year, and also confirm their incapacity for work. To do this, provide the following documents:

• passport or birth certificate confirming his disability due to age;
• pension certificate, if a pension has been granted;
• conclusion of a medical and social examination, if there is a disability group.

What can you expect from the testator?

A will is usually drawn up so that after the death of the testator there are no disputes regarding the division of property. But now we can’t do without them. Because after death it may turn out that your not-so-poor relative left all his honestly acquired goods, for example, to the Peace Foundation or the UN, and possibly to the Queen of England herself (Article 1116 of the Civil Code of the Russian Federation).

If in the will you are not simply not given a “piece of the pie”, but are called “unworthy” (Article 1121), then in order to receive an inheritance, you will have to prove the opposite in court. For example, find witnesses of your respectful, respectful attitude towards the deceased.

An apartment, a painting, a piece of cardboard and a small dog?

When an apartment is bequeathed, it is probably a pleasant surprise. How would you like it if there was a small load attached to it? A “poor” relative may entrust you with looking after his beloved geranium or Tuzik after death. If you did not fulfill your filial duties during the life of your parent, do not be surprised if they appear after his death (Article 1139 of the Civil Code of the Russian Federation).

It’s much worse if they screw you up and move a stranger into your apartment. Your ancestor may now reward you with the obligation to grant him the right to live here. And don’t try to shift these responsibilities onto someone else’s shoulders. It’s good if the period for which your responsibilities extend is indicated, but if not, then with a song through life. The fact that if a new tenant does not show up within three years can serve as consolation, it means that he has squandered his luck.

Article 1116. Persons who may be called upon to inherit

1. Citizens who are alive on the day of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, can be called upon to inherit. Those specified in the will may also be called upon to inherit under a will. legal entities existing on the day of opening of the inheritance.

Article 1121. Appointment and sub-appointment of an heir in a will

1. The testator may make a will in favor of one or more persons (Article 1116), both included and not included in the circle of heirs by law.
2. The testator may indicate in the will another heir (sub-heir) in the event that the heir appointed by him in the will or the heir of the testator by law dies before the opening of the inheritance, either simultaneously with the testator, or after the opening of the inheritance, without having time to accept it, or does not accept the inheritance according to other reasons or refuses it, or will not have the right to inherit or will be excluded from inheritance as unworthy.

Article 1142. Heirs of the first stage

1. The heirs of the first priority according to the law are the children, spouse and parents of the testator.
2. The testator's grandchildren and their descendants inherit by right of representation.

Article 1143. Heirs of the second stage

1. If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father's and mother's sides.
2. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation.

Article 1144. Heirs of the third stage

1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half-blood brothers and sisters of the testator's parents (uncles and aunts of the testator).
2. The testator's cousins ​​inherit by right of representation.

Article 1145. Heirs of subsequent orders

1. If there are no heirs of the first, second and third orders (Articles 1142-1144), the right to inherit by law is given to the relatives of the testator of the third, fourth and fifth degrees of kinship, who are not related to the heirs of the previous orders. The degree of kinship is determined by the number of births separating one relative from another. The birth of the testator himself is not included in this number.
2. In accordance with paragraph 1 of this article, the following are called upon to inherit: as fourth-degree heirs, relatives of the third degree of kinship - the great-grandfathers and great-grandmothers of the testator; as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s nephews and nieces (cousins ​​and granddaughters) and siblings of his grandparents (great-grandparents); as heirs of the sixth degree, relatives of the fifth degree of kinship are the children of the testator’s cousins ​​and granddaughters (great-great-grandsons and great-granddaughters), the children of his cousins ​​(great-nephews and nieces) and the children of his great-uncles and grandmothers (great-uncles and aunts).
3. If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.

Article 1148. Inheritance by disabled dependents of the testator

1. Citizens who are classified as heirs according to the law specified in Articles 1143-1145 of this Code, who are disabled on the day of opening of the inheritance, but who are not included in the circle of heirs of the line that is called for inheritance, inherit by law together and on an equal basis with the heirs of this line, if not less than a year before the death of the testator were his dependents, regardless of whether they lived together with the testator or not.
2. Legal heirs include citizens who are not included in the circle of heirs specified in Articles 1142-1145 of this Code, but were disabled by the day the inheritance was opened and were dependent on him for at least a year before the death of the testator and lived together with him. If there are other heirs by law, they inherit together and on an equal basis with the heirs of the line that is called for inheritance.
3. In the absence of other heirs by law, the disabled dependents of the testator specified in paragraph 2 of this article shall inherit independently as heirs of the eighth order.

The main factor is the degree of relationship, according to which the priority right to receive an apartment after the death of a relative is acquired by the closest members of his family. Civil code(Civil Code) of the Russian Federation establishes three branches of heirs. Legality is based on the principle of priority, which automatically eliminates the occurrence of disputes and misunderstandings.

Queue for inheritance among relatives

In order to legally obtain the property of a deceased relative, you must provide the following types of documents:

1. a statement expressing a desire to receive an inheritance;
2. death certificate;
3. an extract from the deceased's house register;
4. certificates that would confirm the fact of relationship with the deceased;
5. contacts or information about other heirs;
6. papers for the received property.

The laws of the Russian Federation allow inheritance only from privatized real estate. Apartments that are on the balance of the state are not subject to transfer to heirs, and after the death of the testator they come to the disposal of state bodies

Missing deadlines for inheriting an apartment

Based on the provisions of the Civil Code, the heirs are given exactly 6 months to prepare and submit documents to the notary. In the absence of timely notification of inheritance, certain circumstances arise.

Thus, there are rights to extend the period for collecting papers. But for this to happen, one of two conditions must occur:

1. Relinquishment of rights to property by one of the assignees.

In this case, the entry period is extended for another 6 months from the date of refusal.

1. Refusal to inherit property according to law.

In the second case, the time is extended by 3 months after the expiration of the inheritance period.

But even in the absence of the above conditions, a late heir has the right to extend the deadline for collecting documents. We are talking about an out-of-court procedure for considering the issue. As a rule, it is enough to obtain the consent of those who have entered into inheritance of the deceased’s apartment. Unanimous approval automatically extends the period for collecting and transferring documents for obtaining an apartment according to the law.

So, restoration of property rights, in case of missing official deadlines, looks like this:

1. oral and written consent other relatives of the deceased;
2. certification of notarial papers for consent;
3. then there is a redistribution of shares in the apartment due to newly discovered circumstances;
4. cancellation of previous documents;
5. creation and certification of new certificates;
6. re-examination of the right of inheritance after the death of the owner.

Thus, the assignee can challenge the delay in obtaining an apartment according to the law, but in this case the notarial procedure cannot be violated.

Judicial resolution of inheritance disputes

Despite its apparent simplicity, the out-of-court procedure for settling a missed deadline is almost never used in real life. This is due to the fact that the revision of existing provisions in favor of one legal successor deprives other persons of their legal share in housing. In addition, unanimous approval of the heirs is extremely rare.

The judicial procedure for considering the restoration of rights to real estate by law excludes various types of disputes. Features of judicial consideration of inheritance cases:

1. A late heir has the right to file a claim to receive the property.
2. The defendants in court are the remaining heirs, including persons who expressed their consent.
3. A claim is filed in two cases:

a) ignorance of the acquisition of inheritance;

b) the presence of a valid reason for missing the deadline for submitting documents - severe forms of illness, physical incapacity, language barrier or illiteracy (for example, a son).

The heir’s ignorance of the legal norms does not exempt him from timely collection and submission of documents to obtain the apartment of a deceased relative. In this case, missing the deadlines entails automatic termination of rights to inherit real estate.

Free legal advice

Application sent successfully!

Our lawyer will contact you shortly and advise you.

Inheritance of an apartment by law after the death of its owner is carried out in accordance with the rules of civil law. Thus, the law establishes that his relatives can act as successors of a deceased person in order of priority. The queue is determined according to the proximity of the relationship, and the next queue enters into inheritance of real estate by law only in the absence of applicants from the previous queue.

So, how to register an inheritance for an apartment? Inheritance of real estate is possible only in relation to the property of a person who is officially recognized as deceased on the territory of the Russian Federation or another state, if the person died while staying there.

The fact of death or recognition of death must be certified by relevant documents: a death certificate or a court decision. Inheritance of an apartment after the death of the owner is possible only by certain persons. The procedure for registering an inheritance for an apartment depends on whether the deceased left a will or not.

How to inherit an apartment?

1. Within six months from the moment the owner of the apartment is officially recognized as deceased, the successors must contact a notary.
2. The application must be submitted to the notary who operates in the area recognized as the place where the inheritance case is opened.
3. After submitting the application and documents, the notary opens a corresponding case and takes certain measures.
4. After carrying out all the activities established by law, the notary establishes the amount of the fee, which is paid to the state upon entry of persons into law. inheritance rights.
5. After paying the fee, a certificate is issued for each successor, according to which he acquires the right to own the apartment or part of it, depending on the number of such successors.

The procedure for inheriting an apartment is determined by civil law and cannot be changed. The exception is when the deceased owner leaves a will. The owner of the apartment can leave a legacy to anyone. In this case, the transfer of the apartment is carried out in a special manner. The existence of a will must be clarified before entering into an inheritance.

But how to properly register an inheritance according to the law and when can you sell an apartment after entering into an inheritance? After the certificate is issued, the successors must register the property in Rosreestr, register it, and then they can consider themselves the rightful owners of the registered apartment and think about selling it.

The procedure for inheriting an apartment may seem simple at first glance. In fact, this is far from true and it can last for many months. The last thing you need to do is not take any action until a new owner appears.

It all depends on availability necessary documents to inherit an apartment, a dispute between applicants and other circumstances.

In addition, those who did not manage to inherit the apartment in a timely manner may in the future create some difficulties for others to whom the apartment has already been inherited.

When real estate is inherited, laws establish 8 lines of successors who inherit the property and determine who should get it. One by one, if there are no heirs of the previous line, they can claim the apartment when the testator dies. However, it rarely comes to the third stage. Usually the apartment is accepted in the first or second stage.

Heirs of the first order in Russia, those who inherit first, are the parents of the deceased person, his children, as well as existing spouses after the death of the husband. Children may also be adopted. As for parents, they can act as successors only if they were not deprived of their parental rights, paternity. The status is not affected by the fact whether the successor is male or female.

As for spouses, after the death of their husband (wife) they are considered as separate category applicants for an apartment. After all, the current spouse is not only the successor of the main line, but also a co-owner of the apartment.

• brothers and sisters;
• grandparents;
• grandchildren and granddaughters.

Their right to inherit housing occurs only in the absence of parents, children or a current spouse of the deceased person. In this case, each of these persons must present to the notary a document that certifies the existence of a relationship.

Most people simply underestimate the importance of deadlines. Thus, if the successor does not contact the notary within the specified six months, then, regardless of the order of succession, he is deprived of his inheritance powers.

• by contacting a notary and presenting him with the written consent of all those heirs who have already registered the apartment in their name;
• by filing an application to the court, if such consent is not given by at least one successor.

Unfortunately, it is very rare that successors give their consent to another person inheriting after the death of their mother. For this reason, the case in most cases is resolved in court. The statute of limitations for inheritance of real estate is also equal to six months.

For the court, the circumstances due to which the person was late for registration of the inherited apartment are important. If these circumstances did not depend on the person himself and were of a respectful nature, then the court gives the opportunity to assert its rights.

If the heirs of the first category are not found or refused, then the right of inheritance of the apartment of the heirs of the second category begins after six months. They are given 3 months to contact a notary and register the apartment in their name.

If the successors of the main line renounced their right to inheritance after the death of the father, then persons of other lines can apply to a notary within 6 months from the moment such a refusal was issued.

Although the law provides that the notary must know and notify all eligible successors, in practice this does not happen.

After all, the notary is not obliged to look for such persons; he notifies them only when one of the successors submitting the application indicates the presence of other persons.

The main difficulty for successors in the inheritance procedure is the collection of documents and payment state duty. If you need to pay in any case and the sooner the better, then you need to collect the documents before submitting the application to the notary. Otherwise, without them, the notary will not accept the application and the deadline may be missed.

• certificate issued by the civil registry office (recording acts civil status), confirming the death of the homeowner;
• a document confirming the personal data of the successor, his full name, address.
• documentation from the registry office confirming the existence of a family relationship between the deceased person and his successor;
• title documents confirming the right of ownership of the deceased person in relation to the inherited apartment;
• certificates, orders and certificates certifying the right of the successor to provide benefits when paying the fee.

In turn, the main difficulty is collecting documentation of title to the apartment.

• purchase and sale agreement, gift agreement (deed of gift), certificate of inheritance (if the deceased person inherited the apartment) and so on, defining the basis for the acquisition of the apartment by the deceased person;
• technical documentation from the BTI (technical inventory bureau), technical plan, explication, extract of inventory value;
• cadastral documentation;
• certificates from the housing organization.

Depending on the circumstances of a particular case, the notary may request other documents. However, documents of title to property are not mandatory for accepting an application, so they can be collected after the opening of the case.

When opening and conducting an inheritance case, a notary is assigned a large amount of work. The entire list of his responsibilities is provided for in the Procedure for Conducting Inheritance Cases, approved by the Ministry of Justice. There is still no separate bill on this matter.

• receiving applications from incoming successors and conducting inheritance cases;
• establishing the circle of successors and the amount of property of the deceased person;
• searching for debtors and creditors of the deceased person and releasing his property from encumbrances;
• taking measures to preserve the property of the deceased person;
• establishing the amount of duty for successors.
• registration of certificates of inheritance rights.

Of course, the notary will not pay the debts of a deceased person at his own expense, for example, if a mortgaged apartment is inherited. He can only decide what will happen to the apartment if he does not inherit. His debts and mortgage can be repaid by one of the successors, otherwise - at the expense of the property of the deceased person.

The successors can sell the resulting property and pay off debts. It is worth noting that the successors who inherit the apartment automatically become debtors for the loans of the deceased person.

In practice, there are cases when one of the successors himself takes measures to preserve the apartment and pay off the debts of the deceased owner.

Such successors are recognized as the owners of the apartment in any case, even if they do not formalize their right through a notary. However, the fact of committing such actions will need to be proven in court, which is extremely difficult to do.

The division of an apartment by inheritance is almost always accompanied by disputes. In most notarial cases of inheritance of an apartment, there are several successors to the inherited object. For this reason, the determination of shares becomes a rather protracted dispute between them. According to general rule all successors of the same line receive equal shares in the apartment of the deceased person.

But at the same time, it is necessary to take into account the interests of the wife after the death of her husband. Thus, the current spouse not only belongs to the category of “first-line heirs”, but is also the owner of half of the apartment. So, first of all, in the inheritance case, the notary allocates his share. After the spouse is issued a certificate for half of the apartment, the remaining part is distributed in equal shares among all successors, including the spouse.

It is worth keeping in mind that if the apartment was privatized by this family, as well as when a cooperative apartment is inherited, then only the share of the deceased co-owner is subject to division. After all, during privatization, the apartment is transferred to the ownership of all members of the family. At the same time, on privatized apartment the rule regarding the spouse’s share does not apply, since by definition she already has the right to own a certain part in it.

How is property divided into unequal parts?

1. If not all successors live in the inherited housing, then those who permanently live in it and lived there during the lifetime of the owner have an advantage.
2. If certain successors bear all the costs of maintaining the apartment and take measures to pay the debts of the deceased owner, then they also have the right to inherit a larger share or the entire property.
3. If during the period of registration of the inheritance some of the successors improved their housing, then the size of the share they received increases in proportion to the improvements made.
4. If one of the successors renounces his share, he automatically increases the shares of the other successors equally. The same thing happens when the successor is deprived of his rights.

As a rule, notaries rarely pay attention to such property facts, unless the successors themselves demand it. In most cases, disputes arise and are resolved in court. However, successors should keep in mind that they can agree on the size of shares by concluding an agreement among themselves, without bringing the matter to court.

So, how much does it cost to inherit an apartment? Acceptance of an inheritance to an apartment after the death of a person is not considered as income and is not subject to tax. In this regard, many people confuse the contract of gift and inheritance. Indeed, inheritance was previously subject to tax. But new law canceled this provision.

However, there is a fee for notary services. The amount of such a fee depends on the value of the apartment and the degree of relationship between the deceased owner and his successors.

• 0.3% of the price of the apartment if an inheritance for the apartment is registered between close relatives (between heirs of the first stage and second stage);
• an amount of 0.6% if the successors are other persons.

The amount of the duty cannot exceed the maximum amount. Thus, a duty of more than 100 thousand cannot be required from persons who are close relatives, and more than a million rubles from other persons. The specific price is determined by the notary. For this you will need assessment documents.

Although the fee is designated as a fee for notarial acts, it is paid in favor of the state, and not a specific notary.

• for accepting an application – from 300 to 800 rubles;
• for issuing requests to government bodies– from 500 to 1 thousand rubles;
• for office expenses;

Thus, accepting an inheritance is quite a troublesome and expensive matter. Since it is necessary to register an apartment by inheritance promptly, for many successors this becomes an enormous burden, which is why they refuse the inheritance. An agreement concluded between successors always guarantees the rapid implementation of the procedure.

Markina Lyudmila

advocate

Inheritance of property after the deceased raises many questions, doubts, and sometimes even disputes between interested parties. A very typical situation for our time is when a brother and sister, who peacefully used the dacha while their parents were alive, begin to divide the plot down to the centimeter after their death.

This problem has become even more pressing with the advent of privately owned apartments. In order to resolve all disputes in pre-trial procedure and prevent conflicts in families, you need to know about existing methods of transferring an apartment to your loved ones. But before you dispose of your property, you need to have a clear understanding of each option for transferring an apartment and understand their differences.

INHERITANCE

Inheritance today remains the most common method of transferring property after the death of the testator (deceased). It is considered to be the “safest” way for someone who disposes of their property in favor of relatives. But is this method always convenient?

The law provides for two options for transferring real estate by inheritance. This is inheritance by law and by will.

Inheritance by law occurs in life much more often than inheritance by will. Heirs by law are persons who are closely related to the deceased, most often those who were part of the same family with the testator. That is why the first priority heirs are children, spouse, and parents. Today there are eight lines of succession by law. If there are heirs of a higher order, then heirs of a lower order do not participate in the inheritance.

Particularly noted as possible heirs by law are persons who, although not related to the deceased, were members of the same family with him - dependents of the testator. To acquire the right to inherit as a dependent, it is necessary to establish that such a person is disabled at the time of the death of the testator. The law classifies as disabled women who have reached 55 years of age, men - 60 years of age, disabled people, persons under 16 years of age, and students - 18 years of age.

The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his descendants.

For example, citizen K. had two sons. The eldest son died before the death of his mother, but had a child (son). After the death of citizen K., she was left with two legal heirs: a son and a grandson (the child of the deceased eldest son of citizen K). In such cases, the grandson by right of grant will participate in the division of the inheritance instead of his father.

Often in legal practice there are cases when a citizen has just submitted documents for the privatization of an apartment, but died before becoming the owner of the apartment. Do the heirs have legal rights to this apartment? Yes, they do. Judicial practice is on the side of future heirs, because the citizen (testator) expressed his will to privatize the apartment as his property.

Inheritance by will.

The fundamental difference between transferring an apartment by will is that the testator can make a will for his property not only to relatives, but also to any other person of his choice. A will is a transaction, i.e. legal action citizen.

Article 1126 of the Civil Code of the Russian Federation provides for a closed will. Such a will must be written in his own hand and signed by the testator, after which it must be handed over to the notary personally in a sealed envelope in the presence of two witnesses who put their signatures on the envelope. The text of such a will is announced by a notary only after the death of the testator.

A will is a voluntary disposition of one's property in the event of death. In this case, the owner of the apartment remains the owner until the end of his days. What does the heir to the will risk?

Firstly, because in this case there is no guarantee that he will have the rights to the apartment after the death of the testator, because the will can be canceled and drawn up in favor of another person. Thus, the last will of the testator cancels the previous one, if there was one.

Secondly, freedom of testament is limited by the rules on compulsory shares in inheritance ( Article 1149 of the Civil Code of the Russian Federation), and, therefore, if there is such a category of heirs, you will have to share the apartment like a piece of pie.

Minors or disabled children of the testator have a mandatory share in the inheritance. The spouse and parents are heirs with a mandatory share only if they are disabled or old-age pensioners. That is, relatives have the right to an obligatory share: disabled people, pensioners and minor children. The former spouse can only inherit as a dependent.

Persons falling under the category of “obligatory heirs”, even if a will is left, will have at least half of the share due to them upon inheritance by law.

For example, M. decided to draw up a will for his apartment in favor of his wife, believing that after his death only she should dispose of the apartment. However, from two previous marriages M. had 3 children. The son is disabled, 19 years old. And two minor daughters. In addition, M. had retired parents, his mother was also a group 2 disabled person.

Thus, even if the spouse has a will, M. is not the only heir. Parents and children from previous marriages of the deceased also have an obligatory share in the inheritance.

Refusal of an obligatory share in the inheritance is considered void. It is impossible to persuade a citizen who has the right to receive an obligatory share in the inheritance to draw up a refusal even before the death of the testator. No matter what, after the death of the testator, the right to an obligatory share in the inheritance remains with him.

Inheriting property (in particular an apartment) under a will certainly has advantages for the testator himself.

Firstly, the registration process is not burdensome: visiting a notary, drawing up a will without the presence of an heir. The procedure takes about half an hour and costs from 150 to 250 rubles.

Secondly, the testator remains the owner of the property until the end of his life and is not tormented by doubts about the fact that he may lose his apartment.

Thirdly, a will can be revoked and made in favor of another person countless times, but only the last one is valid.

In the event that the testator really has serious intentions to transfer the apartment only to the only heir, but there are heirs who have rights to the obligatory share, this method of disposing of the apartment is not acceptable.

The disadvantages of transferring an apartment by inheritance concern mainly heirs.

First minus. You must wait six months after the death of the testator to enter into the inheritance. Only after this the apartment will become the property of the heir. But even then, incidents are possible if other heirs who did not get a piece of the pie challenge this fact in court.

Second minus. There is a danger that other applicants will challenge the heir's right to receive an apartment under the will. For example, you can challenge the legal capacity of the testator at the time of signing the will and recognize the will as an invalid transaction if there are grounds.

Minus the third. Heirs may appear with an obligatory share in the inheritance and then they will have to share.

The fourth minus. Entering into an inheritance is a troublesome matter and again you will have to incur expenses in order to obtain a document confirming the right to property.

ALIENATION

There are other common ways of transferring real estate to relatives. They are united by the fact that the owner of the property during his lifetime transfers this ownership right to another person. Let's consider the possible, most common, real estate transactions.

Purchase and sale of real estate.

If there is a trusting relationship in a family, in my opinion, this is best way transferring the apartment to close people. The question arises: what to do if parents want to leave this apartment to their two children equally? Draw up a purchase and sale agreement for two children, each of whom will be the buyer.

This method of transferring an apartment has its advantages. In contrast to the transfer of an apartment by inheritance, the property is transferred to a relative immediately upon registration of a real estate transaction. Therefore no additional procedures after the death of a grandfather, grandmother or parents there will be no need to go through.

According to the legislation of the Russian Federation, there is no mandatory notarization of a real estate sale agreement. Consequently, you can save on notary services, which cost 1.5 percent of the cost of the apartment. However, the written form will not be considered complied with if the parties only exchanged documents. Real estate sales contracts are subject to mandatory registration. The cost for registration depends on whether it is done urgently or routinely, but both are acceptable.

The second significant plus. When transferring an apartment from one relative to another, the purchase and sale agreement, as a rule, indicates the cost of the apartment according to the BTI. It is significantly lower than the market price, therefore, the buyer does not have an obligation to pay tax.

And one more important, in my opinion, point. The seller of an apartment may worry that after transferring ownership, he must physically and legally vacate the apartment, that is, check out and move to another home. However, it is possible for the seller to retain the right lifelong residence and registration (registration) in the same apartment. I believe that when the buyer is a relative, to whom the apartment is transferred in this way, he will not object to this. It is necessary to clearly understand that in this case the seller will only have the right of residence, but not the right of disposal; having sold the apartment once, he will not be able to do this subsequently. To draw up a contract form, it is better to contact a lawyer or lawyer who will approach this issue professionally and taking into account your situation.

Donation of real estate.

Donation - This is a gratuitous transaction, the transfer of a thing into the ownership of another person for free. An apartment donation agreement is essentially very similar to a purchase and sale agreement. The donor of the apartment is deprived of the right of ownership of this apartment, but it is possible to retain the right of residence and registration (registration). In this case, ask your lawyer or lawyer to draw up a gift agreement for you with an encumbrance on a third party if you decide to transfer the apartment to your loved ones in this way.

For example, L., a pensioner, decided to leave the apartment to her granddaughter after her death. Having concluded a gift agreement with her granddaughter, she did not violate her usual way of life and remained to live in her apartment, but in accordance with the agreement, the obligations to pay for housing were transferred to her granddaughter, as the owner of the home.

Donation of property that is in common joint ownership is permitted by agreement of all participants in joint ownership. Just like a real estate sale agreement, it is subject to mandatory registration.

An annuity and lifelong maintenance agreement.

In the event that there is a need for guarantees for the former owner of the apartment, it is better to draw up a rental agreement. The law directly provides (as a means of protecting the interests of the rentee) the possibility of canceling the contract at the initiative of the one who transferred his apartment, in the event of a significant violation by the renter (the one to whom the apartment was transferred) of his obligations.

In fact, an annuity agreement is the same purchase and sale agreement, which stipulates that former owner apartment retains the right of lifelong residence in it. The rent agreement is subject to mandatory notarization. Almost any purchase and sale agreement with the condition of lifelong residence also assumes dependency. There is a certain amount that the annuity payer is required to pay to the annuity recipient every month.

All other conditions are prescribed at the discretion of the parties. You can also stipulate the purchase of medicines, mandatory weekly cleaning of the apartment, as well as payment for utilities and funeral services, and carry out repairs in the apartment of the citizen transferring real estate in this way; the advantages are obvious.

Firstly, he retains the right to live in the apartment for life.

Secondly, he receives financial assistance from the rent payer.

As for the person to whom the housing is transferred (the rent payer), the advantage, in contrast to entering into inheritance rights, is that he receives ownership immediately upon concluding the contract.

However, we must not forget that a feature of annuity contracts is the uncertainty of the validity period and the high risk of early termination of the contract. Analysis judicial practice shows that such contracts are easily terminated if your relative suddenly files such a claim in court.

In order for the rent payer to insure against termination of the contract, it is recommended to keep receipts for purchased medications, payment receipts utilities, receipts for delivery of money, etc. It is better to conclude this kind an agreement only with close relatives, because trusting and close relationships can be the best guarantees.

The inheritance left by a deceased person often becomes the cause of omissions, grievances and heated disputes between his relatives. Successors should have a clear idea of ​​what they can expect when inheriting an apartment by law after death. This is needed to resolve disputes before legal proceedings and protect families from conflicts.

Rules for inheriting real estate after death

The legislation determines the possibility of transferring the property of a deceased person that was in his possession. Only property that is the property of the testator - personal or joint - can be included in the estate.

Non-privatized housing

If there is an apartment, the share of the deceased is subject to allocation. It is she who will be included in the hereditary mass. If the right holder designates the entire living space of the apartment as an inheritance in the will, the right to inherit property after death under the will will be declared invalid. Relatives will only share the testator's share.

The priority is reserved for heirs of higher priority.

Cooperative apartment

Perhaps after making a share contribution - only then is a document of ownership issued. If the testator died before acquiring the rights to the cooperative apartment, his legal successors will be able to receive the corresponding document.

If there are unpaid fees, the apartment does not become the property of the cooperative member. But members of his family will be able to enter the cooperative if they constantly lived in the apartment before the death of the testator.

Inheritance by law without a will

A will for an apartment after death implies its transfer to any person chosen by the copyright holder. But much more often, property is inherited by close relatives of the deceased - according to the law. The legislation defines eight lines of heirs. The priority is reserved for heirs of higher priority. The first includes children, husband (wife), parents of the deceased.

Can an apartment be inherited by children from previous marriages of the testator? Undoubtedly. Children born in all marriages of the copyright holder belong to the first line of heirs. An exception is the presence of a will of the testator or a marriage contract that changes the regime of his property.

If an apartment is privatized for several people, the successor's right to inherit the apartment arises in relation to the testator's share.

Heirs by nomination

If there are no applicants for the first three stages of inheritance, the right to the property of the deceased passes to the heirs upon nomination. These are the descendants of an heir who died before the testator or at the same time as him. Heirs by nomination have priority over heirs further down the line. But if the deceased heir was found unworthy, his descendants are also deprived of their rights to inheritance.

“Representatives” prepare for the notary:

• document on the relationship of the deceased heir and testator;
• document on the death of the heir;
• your birth documents.

Marital share

If the spouse of the right holder enters into inheritance rights, before distributing the inheritance, he acquires his share of the property acquired during the marriage. It is not included in the hereditary mass. If there are supporting documents, the notary deals with the allocation of the marital share. How to enter into inheritance rights after the death of your husband. If difficulties arise, they are resolved in court.

Inheritance upon adoption

When a child is adopted, his biological parents lose their genetic connection with him. An adopted child can inherit property only from the adoptive parent. The adoptive parent, in turn, has the right to accept the inheritance of the adopted person, but his biological parent does not. But there are exceptions: if the adopted child maintains family contacts with one of the biological parents.

Share by inheritance

For the inheritance registration procedure, it does not matter whether the apartment is in shared or joint ownership. This fact is significant only for heirs who decide the issue of further use of the home. If the shares of co-owners were not indicated during privatization, it is considered that the apartment is their joint property. In this case, upon the death of one of the co-owners, a share in the joint property, called ideal, is inherited.

Sometimes co-owners do not want to use common property. So that they can dispose of their ideal shares at their own discretion, a division of joint property is made, indicating the specific share of each co-owner. The corresponding agreement is drawn up in a notary office. With the consent of all co-owners, the shares may not be equal. Controversial issues are decided in court.

Right to mandatory share

Disabled relatives of the deceased are entitled to a compulsory inheritance share:

• children under the age of majority;
• persons of retirement age;
• having disabilities.

When recognized as a dependent ex-spouse the testator is given the right to inherit the apartment. Provided by law. However, it is prohibited in one way or another to force the owner of the rights to an obligatory share to formalize the corresponding refusal before the death of the right holder.

Order of succession

The process of inheriting an apartment is no different from inheriting any other property. It is necessary to pay a visit to the notary who opened the inheritance case and submit the appropriate application.

Collect a package of documents:

• ID card;
• document confirming the death of the copyright holder;
• documents evidencing the right of inheritance;
• papers for the apartment;
• a receipt confirming that;
• document confirming the registration of the testator on the day of death.

Enter into inheritance after completing all procedural procedures, having received the appropriate certificate. Then obtain ownership of the apartment or a share in it.

Terms of inheritance

A period of six months is allotted for inheriting an apartment (from the moment the inheritance case is opened). But the deadline for collecting documents can be extended. This is possible with:

• refusal of inheritance rights to the apartment of one of the legal successors (the period is extended by six months from the date of refusal);
• non-acceptance of inheritance by law (the period is extended by three months after the expiration of the inheritance period).

In addition, the missed deadline can be restored in two ways:

• judicial (good reasons must be confirmed by relevant documents);
• out-of-court (agreement with the remaining heirs).