Inheritance of an apartment by law after death. Inheritance of real estate after the death of a relative. Inheritance by right of representation

The inheritance law regulates a special procedure that stipulates the transfer of the rights and obligations, as well as the property of a deceased citizen, to his relatives or other persons, including legal entities.

The inheritance process in Russia is regulated directly by the Law “On Notaries”, and indirectly by family and tax legislation.

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The main changes made new law In the inheritance process in 2019, one can include giving heirs the opportunity to refuse inherited property in favor of other persons. This is enshrined in Article 1158 of the Civil Code of the Russian Federation.

From the analysis of the norms of civil legislation on inheritance, the following main features can be identified that are used when entering into inheritance of various categories of citizens:

What does the inheritance law say?

Required documents

Within 6 months. After the death of the testator, the heirs must collect and submit the following documents to the notary:

Depending on life situations, the following types of documents may be required:

• refusal of other heirs to inherit;
• extract from the house register;
• cadastral plan for the land, technical passport for an apartment;
• savings book (information about bank accounts);
• report on market value real estate movable property, shares, non-property rights, shares;
• extract from the register of shareholders, etc.

To take ownership of real estate you will need:

• title documents for real estate (house, apartment, land);
• certificate of registration of the testator's right in the registry office (if available);
• those. passport and certificate Form No. 2 from the BTI;
• land cadastral passport;
• documents on inventory, market or cadastral value property.

To inherit a car, the notary will need to submit:

• vehicle registration certificate;
• report on the market price of a vehicle.

How to register

The process of registering an inheritance can be divided into the following stages:

1. Acceptance of inheritance. Can be done in several ways:
   • By application to a notary. According to the new rules of “Inheritance Without Borders,” a citizen has the right to independently contact a notary of his choice. The notary checks information about the availability of a record of opening a notary deed and other notaries through the Unified Information System for Notaries in Russia. In the absence of such a record, he starts an inheritance case. This procedure eliminates duplication of inheritance cases, and if there is already an open case, any notary will direct other heirs to the desired notary office.
   • By actually accepting the property of the deceased. As a rule, this method is applicable if the heirs are not familiar with the legal procedure for entering into an inheritance, but they actually accept it, for example, they take the things of the deceased, pay public utilities for housing that belonged to the testator, etc. In this case, citizens who have not formalized the inheritance will need to file a claim with the judicial authorities. It is possible to avoid the proceedings if there are no other heirs, or if citizens who have already entered into the inheritance agree to restore the deadline for entry for the heir who missed the registration of the property.
2. Collection of certificates and documents (the list will be indicated by the notary).
3. Opening an inheritance case and issuing a certificate of inheritance.

Order of priority

The order of inheritance is systematized by law according to the degree of relationship with the deceased. The basic rule is this: the right to inherit arises for each subsequent line only if there are no heirs from the previous one.

Queues of heirs:

If there are no heirs of all the listed orders, then the property can be inherited by the disabled dependents of the deceased, and in their absence - by the state (escheat property)

Payment of taxes

Tax legislation of the Russian Federation does not provide for the collection.

However, when entering into an inheritance, citizens in 2019 will need to pay the so-called notary fee, the amount of which varies for certain categories of heirs:

The collection of the above tariffs is provided for by the Tax Code of the Russian Federation and is carried out for the registration of an inheritance and the issuance of a certificate (both by law and by will).

A citizen who has registered the transfer of rights to it in Rosreestr becomes its full owner and from that moment begins to bear the burden of maintaining his property, which includes, among other things, payment of taxes and other obligatory payments (citizen property tax, transport tax, sales tax real estate etc.).

Drawing up a certificate

A certificate of inheritance is an official document issued by a notary at the request of the heir and confirming his rights to the inherited property.

The legislation does not define the period when the applicant must receive the specified certificate. The state gives him the right to do this at any time after the deadline for issuance. of this document(Article 1163 of the Civil Code of the Russian Federation).

Sample certificate:

Image of the coat of arms of the Russian Federation

Certificate

on the right to inheritance by law

City G-k, Krasnodar region, Russia

September sixth two thousand seventeen

I, full name, notary of the city of Krasnodar Territory, certify that on the basis of Art. 1142 of the Civil Code of the Russian Federation, the heir to the property specified in this certificate, gr. The full name of the deceased “___” __________ _____ is:

daughter – full name, “___” __________ ______ year of birth, living at the address: ______________________________________________ (passport series ______, No. ______ issued ____________________________ “___”_________ ________).

The inheritance for which this certificate has been issued consists of:

non-residential premises(garage) number six, located at the address: ____________________________, owned by the testator on property rights on the basis of a gift agreement registered in the Office of Rosreestr for the Krasnodar Territory “____” _____________ _____, about which entry No. __________________________ was made in the Unified State Register.

The specified garage is located in GSK No. and consists of one non-residential premises with a total area of ​​30 sq. m. m, which is confirmed by the site plan drawn up by the Municipal Unitary Enterprise BTI of the city of G-k for No. __________. Garage cadastral number: _______________________ Inventory assessment of the garage is 105,000 (One hundred and five thousand) rubles.

Ownership of the garage is subject to registration with the Rosreestr Office for the Krasnodar Territory.

This certificate confirms the emergence of ownership rights to the above-mentioned inherited property.

Official seal of a notary

No. ____________ inheritance case

Registered in the register under No. ____________________

Notary: Full name

Types of entry and deadlines

The basis for inheritance is law and will.

In the absence of a will, citizens enter into an inheritance based on the order of priority provided for by civil law, and the sizes of their shares are recognized as equal. The exception here is the successor representations.

The second basis is a will, i.e. a unilateral transaction with the disposal of property in the event of the death of a citizen.

• Children of the testator, born in an official marriage or out of wedlock, if we are talking about inheritance after a mother or father whose paternity has been established.
• Adopted children.
• Children born after the death of the testator, but conceived during his lifetime.
• The spouse of the deceased (the former spouse has no right to inheritance).
• Parents of the testator: the mother is always the heir, the father if his paternity has been legally established or he is officially married to the mother.
• The grandchildren of the deceased and their descendants inherit by law by right of representation: the heirs are called upon to inherit for their parents who died before the opening of the inheritance.

• Full and half-sisters and brothers of the deceased: it is important to have a blood relationship, at least one of the parents must be common.
• The testator's grandparents and parents on both sides.
• Nephews and nephews can inherit the property of the deceased by right of representation.

• Full and half-sisters and brothers of the deceased’s parents (aunts and uncles).
• Cousins ​​and brothers - by right of representation.

• Great-grandparents of the deceased.

• Great-grandparents, great-cousins ​​and granddaughters.

• Cousins ​​and aunts, nephews and nieces, cousins, great-granddaughters and great-grandchildren of the deceased.

• Stepfather and stepmother, as well as stepsons and stepdaughters of the testator.

• Disabled dependents of the testator.

Disabled citizens - disabled people, pensioners, minors under the age of 16, students under 18 years of age. A disabled dependent can be considered in the 8th stage only if he lived with the testator for at least 1 year before his death.

Inheritance by right of representation

The right of representation arises if the direct heir dies before the opening of the inheritance or at the same time as the testator (grandchildren instead of deceased parents, nephews instead of deceased uncles or aunts, etc.).

Civil code The Russian Federation defines three categories of heirs by right of representation:

Clause 2 of Article 1142 of the Civil Code of the Russian Federation – grandchildren of the testator and their descendants.

Civil Code of the Russian Federation Chapter 63 Article 1142.

1. The heirs of the first priority according to the law are the children, spouse and parents of the testator.

2. The grandchildren of the testator and their descendants inherit by right of representation.

Clause 2 of Article 1143 of the Civil Code of the Russian Federation – nephews and nieces of the testator.

Civil Code of the Russian Federation Chapter 63 Article 1143.

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 full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation.

Clause 2, Article 1144 of the Civil Code of the Russian Federation – cousins ​​and brothers.

Civil Code of the Russian Federation Chapter 63 Article 1144.

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 brothers and sisters of the testator’s parents (uncles and aunts of the testator).

2. Cousins ​​of the testator inherit by right of representation.

Inherit by right of representation can't descendants of an heir who was disinherited or did not have the right to inherit.

Civil Code of the Russian Federation Chapter 62 Article 1119 “Freedom of a will.”

1. The testator has the right, at his own discretion, to bequeath property to any persons, to determine in any way the shares of heirs in the inheritance, to deprive one, several or all heirs of the inheritance by law, without indicating the reasons for such deprivation, and in cases provided for by this Code, to include other orders in the will . The testator has the right to cancel or change the completed will in accordance with the rules of Article 1130 of this Code.

Freedom of testament is limited by the rules on compulsory share in inheritance (Article 1149).

2. The testator is not obliged to inform anyone about the contents, completion, amendment or cancellation of the will.

Civil Code of the Russian Federation Chapter 61 Article 1117 “Unworthy heirs.”

1. Citizens who, by their deliberate unlawful actions directed against the testator, any of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed or tried to promote the vocation of themselves or other persons shall not inherit either by law or by will. to inheritance or contributed or attempted to promote an increase in the share of the inheritance due to them or other persons, if these circumstances are confirmed in judicial procedure. However, citizens to whom the testator bequeathed property after they lost the right to inherit have the right to inherit this property.

Parents do not inherit by law after children in respect of whom the parents were deprived of parental rights and these rights were not restored by the day the inheritance was opened.

2. At the request of an interested person, the court excludes from inheritance according to the law citizens who have maliciously evaded the fulfillment of their obligations by law to support the testator.

3. A person who does not have the right to inherit or is excluded from inheritance on the basis of this article ( unworthy heir), is obliged to return, in accordance with the rules of Chapter 60 of this Code, all property unjustifiably received by him from the inheritance.

4. The rules of this article apply to heirs who have the right to an obligatory share in the inheritance.

5. The rules of this article apply accordingly to a legacy (Article 1137). In the case where the subject of the legacy was the performance of certain work for an unworthy legatee or the provision of a certain service to him, the latter is obliged to compensate the heir who executed the legacy for the cost of the work performed for the unworthy legatee or the service provided to him.

In cases where the heir dies after the opening of the inheritance, but does not have time to accept it, the right to accept the inheritance passes to his relatives.

Inheritance of a non-privatized apartment

A non-privatized apartment cannot be the object of inheritance, since it does not belong to the testator.

This is possible if:

• The testator decided to privatize the apartment and submitted an application for this before his death.
• Collected and submitted the documents necessary for privatization of the apartment.
• He did not change his decision and did not withdraw his application for privatization.

Only if these conditions are met, the heirs can demand the inclusion of the specified living space in the inheritance through the court on the basis of paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 No. 8.

On some issues of application of the Law by courts Russian Federation"On the privatization of the housing stock in the Russian Federation" (as amended by resolutions of the Plenum of December 21, 1993 No. 11 and of October 25, 1996 No. 10, with amendments and additions made by resolutions of the Plenum of February 6, 2007 No. 6 and of July 2, 2009 No. 14)

Considering that when applying the Law of the Russian Federation of July 4, 1991 “On the privatization of housing stock in the Russian Federation” (as amended, introduced by the Law Russian Federation dated December 23, 1992 No. 4199-1, Federal laws dated August 11, 1994 No. 26-FZ, dated March 28, 1998 No. 50-FZ, dated May 1, 1999 No. 88-FZ, dated May 15 2001 No. 54-FZ, dated May 20, 2002 No. 55-FZ, dated November 26, 2002 No. 153-FZ, dated June 29, 2004 No. 58-FZ, dated August 22, 2004 No. 122- Federal Law and dated December 29, 2004 No. 189-FZ) the courts have questions that require resolution, Plenum Supreme Court The Russian Federation decides to provide the following clarifications to the courts:

1. In accordance with Article 22 of the Code of Civil Procedure of the Russian Federation and Part 3 of Article 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation,” the courts have jurisdiction over cases arising in connection with the implementation and protection of the rights of citizens during the privatization of residential premises occupied by them (in including reserved ones) in the state and municipal housing stock, including departmental housing stock (housing stock under the full economic control of enterprises or the operational management of institutions).

2. Considering that in connection with the refusal to privatize the residential premises occupied by a citizen between him and the local administration, the enterprise to which he is assigned with the right of full economic management, or the institution to whose operational management the housing stock is transferred, a dispute arises about civil law, he resolved by the court according to the rules of claim proceedings.

Since in this case the subject of the dispute is property that is not subject to assessment when it is transferred into the ownership of citizens through free privatization, the state duty when filing such applications should be charged in the amount provided for in subparagraph 3 of paragraph 1 of Art. 33319 of the Tax Code of the Russian Federation for claims not subject to assessment.

Statements of claim by persons applying for privatized residential premises on the grounds that this premises belonged to the testator, including in cases where privatization was not properly formalized during the life of the testator, are paid with a state fee based on the actual value of the premises about which the dispute arose. determined at the time of filing the claim (subparagraph 1 of paragraph 1 of Article 33319 of the said Code).

3. In accordance with Article 2 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”, only citizens occupying residential premises under a contract have the right to free privatization of housing social hiring in the state and municipal housing stock, including departmental housing stock, sold under the conditions provided for by the said Law, other regulations Russian Federation and constituent entities of the Russian Federation." However, if the procedure for the privatization of housing established by other acts contradicts the above Law, including if it was adopted in excess of the powers of the bodies that issued such an act, it is necessary to be guided by the provisions of this Law.

4. When deciding the legality of refusal to privatize residential premises located in the departmental housing stock, it is necessary to take into account that in accordance with Article 18 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” (as amended by the Law of the Russian Federation of December 23, 1992 d.) transition of state and municipal enterprises into another form of ownership or their liquidation do not affect the housing rights of citizens living in the houses of such enterprises and institutions, including the right to free privatization of housing.

A citizen cannot be denied privatization of residential premises in the houses of these enterprises and institutions even if a change in the form of ownership or liquidation of enterprises and institutions took place before the entry into force of Article 18 of the said Law (as amended by the Law of December 23, 1992). , since the legislation in force until that time, regulating the conditions and procedure for changing the form of ownership of state and municipal enterprises and institutions, did not concern the issues of privatization of their housing stock, and the legislation regulating the privatization of the housing stock did not establish conditions that would deprive a citizen of the right in these cases to obtain ownership of the occupied residential premises. This provision should not apply if the legal successors who changed the form of ownership of state and municipal enterprises and institutions at their own expense built or purchased an uninhabited residential premises, which subsequently became the subject of a privatization dispute, including after the entry into force of Article 18 of the Law of the Russian Federation “ On the privatization of housing stock in the Russian Federation" (as amended by the Law of December 23, 1992).

5. Citizens’ demands for the free transfer of residential premises into the common ownership of all persons living in it or into the ownership of one or some of them (in accordance with an agreement reached between these persons) are subject to satisfaction regardless of the will of the persons who are charged by law with the obligation to transfer housing into the property of citizens, since Article 2 of the Law of the Russian Federation “On the privatization of the housing stock in the Russian Federation” gave citizens occupying residential premises in houses of the state and municipal housing stock under a social tenancy agreement the right, with the consent of all adult family members living and living with by minors aged 14 to 18 years, purchase these premises into common ownership (shared or joint). At the same time, citizens who have expressed their consent to the acquisition of occupied premises by other persons living with them retain the right to free acquisition of ownership in the manner of privatization of another subsequently acquired residential premises, since in this case the opportunity granted to these persons by Article 11 of the said Law to privatize freely occupied residential premises the premises were not sold only once when giving consent to the privatization of housing by other persons.

6. If a dispute arises regarding the legality of an agreement for the transfer of residential premises, including the ownership of one of its users, this agreement, as well as the certificate of ownership at the request of interested parties, may be declared invalid by the court on the grounds established by civil law for declaring the transaction invalid.

7. Since minors living together with the tenant and who are members of his family or former family members, according to Article 69 of the Housing Code of the Russian Federation, have equal rights arising from the rental agreement, in the event of free privatization of the occupied premises, they, on an equal basis with adult users, have the right to become participants common ownership of this premises.

Considering that in accordance with Articles 28, 37 of the Civil Code of the Russian Federation, the guardian does not have the right, without the prior permission of the guardianship and trusteeship authorities, to carry out certain transactions, including those entailing the renunciation of the rights belonging to the ward, and the trustee to give consent to such transactions, refusal participation in privatization can be carried out by parents and adoptive parents of minors, as well as their guardians and trustees only with permission from the above authorities.

8. Based on the meaning of the preamble and Articles 1 and 2 of the Law of the Russian Federation "On the privatization of housing stock in the Russian Federation", citizens cannot be denied privatization of the residential premises they occupy on the terms provided for by this Law if they have made such a demand .

It is necessary to take into account that compliance with the procedure for registering the transfer of housing established by Articles 7 and 8 of the said Law is mandatory both for citizens and for officials who are entrusted with the responsibility for transferring residential premises in the state and municipal housing stock into the ownership of citizens ( in particular, the issue of privatization must be resolved within two months, an agreement for the transfer of housing into ownership must be concluded, ownership rights are subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It by Justice Institutions, from the time of which the citizen’s right of ownership to residential premises arises).

However, if the citizen who submitted the application for privatization and the necessary documents for this died before the execution of the contract for the transfer of residential premises into ownership or before the state registration of property rights, then in the event of a dispute regarding the inclusion of this residential premises or part of it in the inheritance estate, it is necessary to keep in mind that this circumstance in itself cannot serve as a basis for refusing to satisfy the heir’s claim if the testator, having expressed his will during his lifetime to privatize the occupied residential premises, did not withdraw his application, since for reasons beyond his control he was deprived of the opportunity comply with all the rules for processing documents for privatization, which he could not be denied.

9. Citizens who have become owners of privatized residential premises have the right to own, use and dispose of it at their own discretion, without violating the rights and legally protected interests of other persons (Article 30 of the Housing Code of the Russian Federation and Article 209 of the Civil Code of the Russian Federation).

10. The sale by one of the participants in the common shared ownership of a privatized apartment of his share to an outsider is possible only if the remaining co-owners refuse to exercise the right pre-emption or will not exercise this right within the period provided for in Article 250 of the Civil Code of the Russian Federation.

11. According to Articles 246, 253 of the Civil Code of the Russian Federation, exchange (exchange) of residential premises transferred through privatization into the common ownership of citizens is possible only with the consent of all participants in the common property.

12. The allocation to a participant of common ownership of a privatized residential premises, which is a separate apartment, of a share belonging to him is permissible if it is technically possible to transfer to the plaintiff an isolated part of not only residential premises, but also utility rooms (kitchen, corridor, bathroom, etc.), separate equipment entrance. In the absence of such a possibility, the court has the right, at the request of the plaintiff, to determine the procedure for using the apartment.

Who can inherit a non-privatized apartment?

Only those heirs who lived in it with the testator can inherit a non-privatized apartment. After death, the testator needs to conclude a social tenancy agreement and privatize it.

Inheritance of a privatized apartment

Inheritance privatized apartment possibly after the death of the owner. There are two ways to obtain an apartment - by law and by will.

Inheritance by law

Inheritance by law means that the testator did not leave a will and the inheritance is received by the next-in-line heirs.

If an apartment was privatized by two spouses, then such real estate is common property, the share of each spouse is equal to 1/2. After the death of one of the spouses, half of the living space is the personal property of the second spouse. And the other half is inherited by the heirs of the first line. In this case, the second spouse, being the heir of the first stage, shares the second part of the apartment equally with other heirs of the first stage.

If an apartment was privatized by one of the spouses (the second spouse refused to privatize), then such real estate is the personal property of the privatizing spouse.

In this case, the inherited apartment is divided among the first-line heirs on equal terms. The second spouse receives his share of the property the same as all other heirs.

Inheritance by will

A will allows the testator to leave the apartment after death to a specific person or group of people to whom he sees fit. At the same time, the owner of the apartment can draw up a will not only for relatives, but also for a complete stranger.

The will is drawn up and certified by a notary. A will can be changed as many times as necessary during the life of the testator.

The right to an obligatory share in the inheritance

There are categories of citizens who receive 1/2 of the inheritance of what would have been due to them without a will, regardless of the fact that the will was not written in their name. These are the following categories of citizens:

• Minor or disabled children of the testator.
• Disabled spouse and parents.
• Disabled dependents of the testator (eighth stage of heirs).

Civil Code of the Russian Federation Chapter 63 Article 1149 “The right to an obligatory share in the inheritance.”

1. Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, who are subject to being called to inherit on the basis of paragraphs 1 and 2 of Article 1148 of this Code, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them when inheriting by law (mandatory share).

2. The right to an obligatory share in an inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share, from that part of the property which is bequeathed.

3. The obligatory share includes everything that the heir entitled to such a share receives from the inheritance for any reason, including the cost of the testamentary disclaimer established in favor of such heir.

4. If the exercise of the right to an obligatory share in the inheritance entails the impossibility of transferring to the heir under the will property that the heir entitled to the obligatory share did not use during the life of the testator, but the heir under the will used for living (a residential building, an apartment, other residential premises, dacha, etc.) or used as the main source of livelihood (tools, creative workshop, etc.), the court may, taking into account the property status of the heirs entitled to the obligatory share, reduce the size of the obligatory share or refuse it award.

Contesting a will

A will can be challenged in court if there are violations of the legal rights or interests of the interested party.

Inheritance of shares of a privatized apartment

If after the death of the testator there is no will, then the property is divided among the heirs of the same order in equal shares. Heirs of a lower order do not participate in the division if there are heirs of a higher order.

The heir may renounce his share in favor of another heir or sell it to him. A renunciation of a share of the inheritance, certified by a notary, cannot be returned. That is, by giving up a share in the apartment, the heir does it once and for all.

You must register your share of the inheritance within 6 months after the death of the testator.

If the deadline is missed, or the heirs cannot come to an agreement on the shares due, the shares will be determined by a court decision.

Documents required for inheritance

• Death certificate of the testator.
• Documents confirming relationship with the deceased (marriage certificate, birth certificate, etc.).
• Title documents for the apartment.
• Certificate of state registration of ownership of the apartment.
• A certificate from the PIB (Design and Inventory Bureau, also BTI) about the inventory value of the apartment on the day of death of the testator.
• Technical passport for the apartment.
• Extract from the Unified State Register confirming the absence of arrests and prohibitions on the apartment.
• Certificate of registration of the deceased on the day of death (indicating all persons living with him/her).
• Extract from the house register.

Registration of inheritance

The documents are submitted to the notary's office at the place where the inheritance was opened along with an application for the issuance of a certificate of the right to inheritance or acceptance of the inheritance. This must be done within the 6-month period allotted by law.

To register an inheritance you need:

• Collect and submit to the notary a package of documents to obtain a certificate of inheritance.
• Pay the state fee.
• Having received the certificate, contact Rosreestr to register the right.

State duty

Close relatives, heirs of the first and second order - spouses, including children, adopted children, parents, full sisters and brothers - 0.3% of the value of the property that is inherited, but the amount should not exceed 100,000 rubles.

Other heirs - 0.6% of the value of the inherited property, but the amount should not exceed 1,000,000 rubles.

Section 333.24. Amounts of state fees for notarial acts

1. For the performance of notarial acts by notaries of state notary offices and (or) officials of bodies executive branch, organs local government authorized in accordance with the legislative acts of the Russian Federation and (or) legislative acts of the constituent entities of the Russian Federation to perform notarial acts, the state fee is paid in the following amounts:

1) for certification of powers of attorney to carry out transactions (transactions) requiring (requiring) a notarial form in accordance with the legislation of the Russian Federation - 200 rubles;

2) for certification of other powers of attorney requiring a notarial form in accordance with the legislation of the Russian Federation - 200 rubles;

3) for certification of powers of attorney issued by way of substitution, in cases where such certification is mandatory in accordance with the legislation of the Russian Federation - 200 rubles;

4) for certification of mortgage agreements, if this requirement is established by the legislation of the Russian Federation:

for certification of residential mortgage agreements to ensure repayment of a loan (loan) provided for the purchase or construction of a residential building or apartment - 200 rubles;

for certification of mortgage agreements on other real estate, with the exception of marine and aircraft, as well as inland navigation vessels, - 0.3 percent of the contract amount, but not more than 3,000 rubles;

for certification of mortgage agreements for sea and aircraft vessels, as well as inland navigation vessels - 0.3 percent of the agreement amount, but not more than 30,000 rubles;

4.1) for certification of purchase and sale agreements and pledge of a share or part of a share in the authorized capital of a limited liability company, depending on the amount of the agreement:

up to 1,000,000 rubles - 0.5 percent of the contract amount, but not less than 1,500 rubles;

from 1,000,001 rubles to 10,000,000 rubles inclusive - 5,000 rubles plus 0.3 percent of the contract amount exceeding 1,000,000 rubles;

over 10,000,001 rubles - 32,000 rubles plus 0.15 percent of the contract amount exceeding 10,000,000 rubles, but not more than 150,000 rubles;

5) for certification of other contracts, the subject of which is subject to assessment, if such certification is mandatory in accordance with the legislation of the Russian Federation - 0.5 percent of the contract amount, but not less than 300 rubles and not more than 20,000 rubles;

6) for certification of transactions, the subject of which is not subject to assessment and which, in accordance with the legislation of the Russian Federation, must be notarized - 500 rubles;

7) for certification of contracts for the assignment of claims under a residential mortgage agreement, as well as for loan agreement and a loan agreement secured by a residential mortgage - 300 rubles;

8) for certification of constituent documents (copies of constituent documents) of organizations - 500 rubles;

9) for certifying an agreement on the payment of alimony - 250 rubles;

10) for certification of a marriage contract - 500 rubles;

11) for certification of surety agreements - 0.5 percent of the amount for which the obligation is accepted, but not less than 200 rubles and not more than 20,000 rubles;

12) for certification of an agreement to amend or terminate a notarized contract - 200 rubles;

13) for certification of wills, for acceptance of a closed will - 100 rubles;

14) for opening an envelope with a closed will and reading out a closed will - 300 rubles;

15) for certification of powers of attorney for the right to use and (or) dispose of property, with the exception of the property provided for in subclause 16 of this clause:

children, including adopted children, spouse, parents, full brothers and sisters - 100 rubles;

other individuals - 500 rubles;

16) for certification of powers of attorney for the right to use and (or) dispose of motor vehicles:

children, including adopted children, spouse, parents, full brothers and sisters - 250 rubles;

other individuals - 400 rubles;

17) for committing a maritime protest - 30,000 rubles;

18) for attesting to the accuracy of the translation of a document from one language to another - 100 rubles per page of document translation;

19) for making a writ of execution - 0.5 percent of the amount collected, but not more than 20,000 rubles;

20) for accepting deposits of money or securities, if such acceptance of deposit is mandatory in accordance with the legislation of the Russian Federation - 0.5 percent of the accepted amount of money or the market value of securities, but not less than 20 rubles and not more than 20,000 rubles ;

21) for certification of the authenticity of a signature, if such certification is mandatory in accordance with the legislation of the Russian Federation:

on documents and applications, with the exception of bank cards and registration applications legal entities, - 100 rubles;

on bank cards and on applications for registration of legal entities (for each person, on each document) - 200 rubles;

22) for issuing a certificate of the right to inheritance by law and by will:

children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100,000 rubles;

to other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles;

23) for taking measures to protect the inheritance - 600 rubles;

24) for making a protest against a bill for non-payment, non-acceptance and undated acceptance and for certifying non-payment of a check - 1 percent of the unpaid amount, but not more than 20,000 rubles;

25) for issuing duplicate documents stored in the files of state notary offices and executive authorities - 100 rubles;

26) for performing other notarial acts for which the legislation of the Russian Federation provides for a mandatory notarial form - 100 rubles.

The state duty for heirs by law and by will is the same. If there are several heirs, then the state duty is paid by each heir.

Section 333.38. Benefits when applying for notarial acts

The following are exempt from paying state fees for notarial acts:

1) organs state power, local government bodies applying for notarial acts in cases provided for by law;

2) disabled people of groups I and II - by 50 percent for all types of notarial actions;

3) individuals- for certification of wills of property in favor of the Russian Federation, constituent entities of the Russian Federation and (or) municipalities;

4) public organizations of disabled people - for all types of notarial actions;

5) individuals - for issuing certificates of the right to inheritance during inheritance:

residential building, as well as land plot, on which a residential building, apartments, rooms or shares in the specified real estate are located, if these persons lived together with the testator on the day of the testator’s death and continue to live in this house (this apartment, room) after his death;

property of persons who died in connection with the performance of state or public duties or with the fulfillment of the duty of a citizen of the Russian Federation to save human life, protection of state property and law and order, as well as the property of persons subjected to political repression. The number of dead also includes persons who died before the expiration of one year due to injury (concussion), diseases received in connection with the above-mentioned circumstances;

bank deposits, cash on bank accounts of individuals, insurance amounts under personal and property insurance contracts, amounts of wages, copyrights and amounts of royalties provided for by the legislation of the Russian Federation on intellectual property, pensions.

Heirs who have not reached the age of majority on the day of opening of the inheritance, as well as persons suffering from mental disorders over whom guardianship has been established in accordance with the procedure established by law, are exempt from paying the state fee when receiving a certificate of the right to inheritance in all cases, regardless of the type of inherited property;

6) heirs of employees who were insured at the expense of organizations in case of death and died as a result of an accident at the place of work (service) - for issuing certificates of the right to inheritance confirming the right to inherit insurance amounts;

7) financial and tax authorities- for issuing them certificates of the right to inheritance of the Russian Federation, constituent entities of the Russian Federation or municipalities;

8) boarding schools - for making writs of execution to collect debts from parents to pay amounts for the maintenance of their children in such schools;

9) special educational institutions for children with deviant (socially dangerous) behavior federal body the executive branch authorized in the field of education - for issuing writs of execution on the collection of debts from parents to pay amounts for the maintenance of their children in such institutions;

10) military units, organizations of the Armed Forces of the Russian Federation, other troops - for the execution of writs of execution for the collection of debt in compensation for damage;

11) persons injured during the defense of the USSR, the Russian Federation and the execution official duties in the Armed Forces of the USSR and the Armed Forces of the Russian Federation - for attesting to the accuracy of copies of documents necessary for the provision of benefits;

12) individuals recognized in accordance with the established procedure as needing to improve their living conditions - for certifying transactions for the acquisition of residential premises, fully or partially paid for through payments provided from funds federal budget, budgets of constituent entities of the Russian Federation and local budgets;

13) heirs of employees of internal affairs bodies, military personnel of internal troops of the federal executive body authorized in the field of internal affairs, and military personnel of the Armed Forces of the Russian Federation, insured under compulsory state personal insurance, who died in connection with the performance of official activities or who died before the expiration of one year from the date of dismissal from service due to injury (concussion), illness received during the period of service - for issuing certificates of the right to inheritance confirming the right to inherit insurance amounts under compulsory state personal insurance;

14) individuals - for certifying a power of attorney to receive pensions and benefits;

15) FIFA (Federation Internationale de Football Association), subsidiaries of FIFA, confederations, national football associations (including the Russian Football Union), Organizing Committee "Russia 2018", subsidiaries of the Organizing Committee "Russia 2018", suppliers of goods ( works, services) FIFA, FIFA media producers, FIFA broadcasters, FIFA commercial partners, FIFA counterparties specified in Federal law"On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup and amendments to certain legislative acts Russian Federation" - for performing notarial acts in connection with the state registration of legal entities, accreditation of branches and representative offices of foreign organizations created on the territory of the Russian Federation for the purpose of carrying out activities provided for by this Federal Law.

Tax on property received by inheritance

In accordance with paragraph 18 of Art. 217 of the Tax Code of the Russian Federation, income received in kind and cash by a person through inheritance is exempt from taxes.

But! Inheritance in the form of:

• remuneration received by the author of a literary work;
• payment for the author of scientific work;
• the amount received by the author of the piece of art;
• remuneration awarded to the inventor or creator of an industrial design,

taxed. Heirs who have the right to the testator's income received as a result of the creation of works, scientific works, discoveries or inventions must pay personal income tax in the amount of 13% of the value of the inheritance to accept the inheritance.

The legislation of the Russian Federation on inheritance has undergone some changes in recent years, provoked by modern legal realities. The inheritance procedure is a complex process, so each stage must be clearly regulated at the legislative level. What will be the law on inheritance of the Russian Federation in 2019, what was new in this area for recent years and what changes to expect in the future?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What regulates

The hierarchy of legal acts of the Russian Federation is headed by the Constitution. The most important document of the state does not directly concern the inheritance procedure, but enshrines the fundamental rights of citizens associated, among other things, with this process.

The procedure for accepting an inheritance is directly considered by the Civil Code of the Russian Federation, and issues of taxation, fees, duties and benefits are regulated by the Tax Code of Russia.

The actions of notaries during the registration procedure are provided for by the law “Fundamentals of the legislation of the Russian Federation on notaries.”

More highly specialized issues that are not considered by civil law are additionally regulated by decisions of the Supreme Court of the Russian Federation.

Purpose

The legislation is designed to streamline the process of receiving property by heirs, provide for possible options for accepting property and provide maximum assistance in resolving disputes that arise between successors.

The provisions of the laws protect the rights and interests of heirs, establish the necessary, determine the actions of officials in the inheritance process and the size of shares due to various categories of persons.

Basic laws on inheritance of the Russian Federation in 2019

The main regulations governing inheritance issues in Russian state, are the Constitution, Civil, Tax and Family Codes of the Russian Federation. Other departmental orders and regulations supplement the basic provisions set out in the basic laws.

Queues

Registration of inheritance can be made or. If the testator drew up a testamentary document, then the inheritance is divided among the successors indicated in it. In the absence of a will, inheritance is carried out in the order of relatives established by law.

In total, the Civil Code provides for seven lines of relatives, the degree of closeness of which is determined by the number of births separating the successor from the testator.

Regulations of the Civil Code

Every heir needs to know the provisions of the Civil Code of the Russian Federation regarding inheritance issues.

Based on the content of this regulatory legal act, we can decide on the following questions:

• what are the grounds for the emergence of the right of inheritance;
• what categories of individuals and legal entities can be involved in inheritance;
• how many lines of inheritance exist, which relatives belong to them;
• which ones exist;
• is it possible to refuse inherited property;
• how to inherit from illegal encroachments of third parties;
• what are the violations of the rules of inheritance, what are their consequences;
• who may be deprived of the right to inherit;
• what exist, the consequences of missing them and the possibility of recovery.

What innovations were adopted

Previously, in civil legislation there was uncertainty regarding the issue of the heir’s refusal of his own share of the inheritance.

Thus, ambiguities remained regarding a person’s renunciation of property in favor of other heirs.

In addition, in 2019 the government introduced new bill, the provisions of which can radically change some aspects of the inheritance process. On at the moment The project is still being considered, but if adopted, the following innovations may appear:

• document - an inheritance agreement, based on the provisions of which an individual heir can receive his share;
• creation of an inheritance fund;
• implementation of a will, which can be written jointly by a married couple;
• introduction of a single cost for the services of notary specialists in the registration of inheritance cases;
• the possibility of notaries issuing combined certificates of the rights of heirs, which will include several persons at once.

At the time of death, each person most often owns various types of property by right of ownership. Regardless of the number (volume) of movable and immovable things, owned by the owner, the face wants to leave it in inheritance to the worthy.

Express your last wish testator maybe with the help wills. It can be drawn up for various reasons, for example, if the testator does not want his property to be taken over relatives in order of priority, enshrined in the legislation of the Russian Federation.

In addition, you can bequeath an apartment not only (), but also to a stranger. The main thing at the time of drawing up this document is to be in a sober mind and to be completely capable to give an account of your actions.

In addition, when drawing up a will, you must remember obligatory share in inheritance. Disabled children, parents and spouses, as well as dependents, are entitled to it. These persons will receive a part of the inheritance regardless of their mention in the document stating the last will.

Right of inheritance of adopted children

Since adopted children are equal in rights and responsibilities to blood children, then they will be the heirs of the first stage.

Inheritance of an apartment after the death of parents

After the death of parents, the inheritance should join their children and parents. As already noted, in the absence of a will, the apartment will be divided between these heirs in equal shares.

A child has the right to inherit even when the parents were deprived of parental rights.

Besides, children from previous marriages inherit equally with children from the current (last) marriage. Moreover, if they have not reached the age of majority, then they have the right to an obligatory share in the inheritance, even if a will has been drawn up.

Inheritance of an apartment after the death of a spouse

In the event of the death of one of the spouses, surviving spouse has the right to inherit an apartment acquired jointly. However, it is first necessary to highlight spousal share in inheritance. She is in accordance with family law is 50%, that is, half of the apartment. This share is the property of the surviving husband or wife.

Next the remaining half of the estate(it is she who will be included in the inheritance mass) will already be divided among the heirs of the first stage (if there are any). If they are not there or they write a refusal to accept the inheritance from the notary, then the share of the deceased will pass entirely to the surviving spouse.

When to enter into inheritance rights after death?

The period for entering into inheritance is 6 months. is calculated from the date of opening of the inheritance (clause 1 of Article 1154 of the Civil Code of the Russian Federation). This is the so-called total term. By general rule, within six months after the death of the testator, persons who may be heirs both by law and by will, at the place of residence of the deceased, submit an application to the notary on their own behalf to accept the inheritance.

For opening an inheritance case and the entry into their rights, the heirs also need to collect documents requested by the notary. Further, after the expiration of the period for accepting the inheritance, the heirs have the right to inherit at any time.

• If the citizen was declared dead, the inheritance is considered open from the date of entry into force of the court decision.
• If the court day of death of a missing person (clause 3 of Article 45 of the Civil Code of the Russian Federation) is recognized the day of his supposed death, then the day of opening of the inheritance is recognized as the day and moment of death specified in the court decision.

In both cases, the inheritance must also be accepted for total term inheritance.

Special types of deadlines apply under the following circumstances:

• If inheritance not accepted by other heirs, then it is accepted within 3 months by heirs of another line or other persons who have the right of inheritance in this case.
• Other persons have the right to claim the inheritance within 6 months, if other heirs abandoned him or were removed as unworthy.

The period begins to expire from the next day after the date of refusal or removal of the heir.

How to inherit an apartment

The moment of opening of the inheritance is the date of death of the testator. As stated above, heirs have a six-month period to submit documents to enter into inheritance rights.

After its expiration, in the absence of heirs of 7 stages, the apartment passes state property. This inheritance is called escheat(Article 1151 of the Civil Code of the Russian Federation).

However, there are situations when it is possible restore the missed deadline. There must be a good reason for this.

In this case, you can restore the period:

• By going to court. To submit an application to the court, you will need to provide evidence that there was a reason. For example, a certificate stating that the person was being treated in a hospital at that time, a document confirming the fact that the person was in business trip long period of time, etc.;
• Out of court. This method is only possible if there is written consent from other heirs who have already registered their rights.

At restoration of the term the notary issues a new certificate of right to inheritance, in which the shares are distributed in a new way, namely, taking into account one more heir.

For entry into inheritance rights you need to go to the notary at the place of registration of the deceased person. Thus, the heir will express his intentions regarding the inheritance by filing an application for the right to inheritance.

The certificate will be issued suspended, if there is more unborn child the testator until his birth.

How to register an inheritance for an apartment after death

To register inheritance rights after the death of the testator, you need to prepare package of documents, which will include:

1. passport of the applicant (heir);
2. death certificate;
3. a document confirming the relationship (birth certificate, marriage certificate, etc.);
4. a certificate confirming the place of registration of the deceased person;
5. will (if any);
6. documents for the apartment (agreement on the basis of which the deceased owned the apartment, certificate of registration of rights, etc.);
7. document confirming payment of the state duty.

We need to add to this list assessment report apartments by a licensed appraiser.

After collecting documents and submitting an application, the notary waits the six-month period provided by law from the date of death, and issues certificate of inheritance.

It states which of the heirs and in what size the living space of the deceased should belong.

The certificate can be one for everyone, or based on the number of heirs.

After this, the citizen must contact Rosreestr and the inherited property. Only after completing these actions can we consider that the registration of the apartment as an inheritance is completed.

If the testator lived in another country

If the testator lived outside of Russia, and the property is located on the territory of the Russian Federation, then there are no significant differences for registration of inheritance rights.

If the deceased left a will written in the language of another country, then before entering into an inheritance and opening a case with a notary, you will have to resort to the services of a translator. Moreover, the translation of the will must also be certified notary.

You will also need to make a translation passports foreign citizen, as well as other necessary documents.

Otherwise the same must be observed requirements, as usual, in accordance with the civil legislation of the Russian Federation.

Conclusion

Several important points that a person should keep in mind when registering inheritance rights to living space:

1. According to the legislation of the Russian Federation, there are only two grounds for entering into an inheritance: a will and by law.
2. The order of inheritance is determined by kinship.
3. The inheritance opens from the moment of death of the testator and full rights can only be assumed after 6 months. This period is established by law so that all applicants can express their desire or, conversely, refuse to accept the inheritance. In addition, the legal successors of the deceased need to prepare a whole package of documents, as well as pay a state fee. It can be costly because it is determined as a percentage and directly depends on the price of the apartment.
4. The notary also conducts the inheritance case and explains to all applicants their rights. Then, after the specified period, issues a certificate of inheritance.
5. The last step is to register the ownership of the apartment with Rosreestr.

Question

Tax upon inheriting an apartment

Do I need to pay income tax when inheriting an apartment?

Answer

No, you do not have to pay income tax. In accordance with the Tax Code of the Russian Federation, income received from inheritance is not taxed. This rule applies to heirs of any queue. However, if the inheritance has opened before January 1, 2006, then you will have to pay the tax, since the legal relations that arose earlier apply.

This tax has been replaced by a state duty, the amount of which depends on the degree of relationship between the heir and the testator.

To obtain a certificate of inheritance, you must pay a state fee of 0.3% of the cost of the apartment if the heir is a child, parent, spouse, brother or sister of the deceased. 0.6% of the cost of living space must be paid to all other heirs, but not more than 1,000,000 rubles. Only those who lived with the deceased at the time of death are exempt from paying state duty.

Entering into an inheritance, despite its apparent simplicity, is a very troublesome matter. According to the standards civil law To inherit an apartment by law after a deceased person, you must submit an application to a notary's office.

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In some settlements, notarial acts are performed official, performing the functions of the state locally.

Highlights

Citizens should be aware that they have the right to inherit only an apartment.

As for municipal property, it is not subject to transfer as an inheritance estate.

What is it

Essentially, an “inheritance” is property that belonged to a deceased person. It can be transferred by his order on the basis of what he compiled during his lifetime.

If it was not drawn up by the deceased, then the apartment is inherited by law after death without a will, when it passes to relatives in order of priority.

In addition, the legislator allows for the possibility of actual inheritance with subsequent registration of the right to own, use and dispose of it.

In any situation, the inheritance passes to the new owner on the terms of universal succession:

To obtain ownership of an inherited apartment, the heir submits an application with a request to formalize the ownership right to the state body that registers real estate - the territorial branch of the FKP Rosreestr.

The heir must submit along with the application:

• passport identifying the applicant;
• certificate of inheritance;
• title deed for the apartment.

If the inheritance is motor vehicle, then the ownership of it is registered in the traffic police department.

Inheritance according to the law for an apartment

Questions about the order of inheritance by law are provided for in. In accordance with the norms, an apartment accepted as an inheritance by law becomes the property of the intended heir.

Prerequisites

The heir has the right, at his own discretion, to dispose of the apartment that he received as an inheritance.

The legislator allows registration from him in favor of other family members or for the purpose of transferring it to the state.

IN everyday life There are situations when giving up property becomes a more profitable option. For example, if the deceased has a large debt.

All controversial issues regarding the receipt of inherited property, its distribution among the heirs is resolved in the course of trial based on statement of claim.

When considering a case of inheritance and making a decision, the judicial body must:

Sequence

In accordance with the standards of the articles, a sequence has been established that must be observed when carrying out the inheritance procedure by law.

The priority right to receive ownership of the apartment in equal shares belongs to the persons assigned first.

These include:

The right of inheritance passes to persons included in the next queue if the heirs of the previous queue refused to accept the apartment or are no longer alive.

The queue is established by the legislator in the following order:

How to register

To open an inheritance case, you need to submit an application expressing the will of the heir about his readiness to accept the inheritance. As a rule, it is submitted to the notary at the place where the inheritance was opened.

In addition to the application, the heir must submit:

Some notaries, when visiting a client for the first time, require the presentation of title deeds for the apartment, although they are not needed to open a business in accordance with the requirements of legal acts.

If there is a need for additional information, the notary can send requests to various authorities to obtain it.

List of required documents

To obtain ownership documents to inherit an apartment, you need to submit:

If the title deeds for the apartment were received before 1998, then it is necessary to attach.

The heir must pay state fee for the provision of services in accordance with the article - for registration of rights by the owners. A receipt for its payment is also submitted to Federal service state registration.

In addition to the documents listed above, you must submit an official document containing a list of persons who may be eligible to receive an apartment, their home addresses, and contact phone numbers.

Established deadlines

Acceptance of the inherited property must be carried out within six months from the date of its opening corresponding to the date of death.

It indicates the occurrence of a specific event that allows one to enter into inheritance rights. This type of event also includes the decision of a judicial authority to declare the testator dead.

If the deadline for accepting the inheritance is missed by the heir, he has the right to file a claim for its restoration in judicial body, which is noted in the instructions of the article.

But he must present official papers confirming that he missed the deadline established by the legislator.

Cost of the procedure

The heir must pay the state fee in accordance with Article 333.24 of the Tax Code, the amount of which is for:

In addition, the intended heir must pay for the services of a notary for the execution of legal and technical work.

The cost of services varies greatly across the country, because each notary office sets its own individual price list for providing a specific service. As practice shows, the national average is 3,000 rubles.

It is necessary to pay attention to the fact that in large cities it is several times higher than the indicated amount.

Taxation

The new owner of an inherited apartment, in accordance with the instructions of the article, is obliged to pay property tax.

The measure is applied after entry into inheritance rights and registration of ownership.

The amount of tax is established in accordance with the instructions of the article in proportion to the cadastral value of the apartment. It is reduced by the cost of 20 m2 when calculating the tax base.

Local authorities have put into effect regulations, which provide for tax rates, additional tax deductions and benefits.

Each interested person can get acquainted with them directly at the local administration. In addition, you can make inquiries on the Federal Tax Service website " Background information on rates and benefits for property taxes."

In accordance with the instructions of Article 333.25 of the Tax Code of the Russian Federation, the following are exempt from paying tax:

Video: procedure for entering into inheritance

Important aspects

Before issuing a certificate of inheritance rights, a notary must:

• checking the fact of the death of the testator;
• establish the time and place of opening of the inheritance;
• find out whether there is a family relationship between the deceased person and the applicant. They serve as the basis for the call to inheritance;
• determine the composition of the hereditary mass and its location.

The notary fee is set by the legislator, so it is the same for both civil servants and private notaries. As for the legal and technical cost, it is established by the private notary independently.

It should be noted that private notaries practicing in large cities and metropolitan areas demand inflated prices for their services.

Legislative framework

Regulatory issues inheritance law in the Russian Federation is carried out on the basis of standards provided by the legislator in a number of legislative and by-laws.

The fundamental act is the Civil Code, part 3, chapters 61-63.

In addition to it, the country has acts whose instructions in one way or another affect issues of inheritance law, including ways to resolve them.

Federal Law:

Resolution of the plenum of the Supreme Court of the Russian Federation:

The above acts provide for the possibility of settlement controversial situations arising during the procedure.

As a rule, they are resolved by the court on the basis of a statement of claim. Basically, it is filed by an heir whose rights and legitimate interests have been infringed.

In conclusion, it should be noted that the entry into inheritance rights of an apartment confirms the fact of a change in its owner.

The rights and obligations of the deceased, including his debt obligations, are transferred to him along with the apartment. The principle embedded in the procedure does not allow the inheritance to be divided into separate parts.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.