Inheritance rights according to the law of the apartment. Features of inheritance of a privatized apartment: by law and by will. Judicial resolution of inheritance disputes

Not a single process related to property and the transfer of rights to it is carried out chaotically. Every action is regulated by law. Inheritance, as one of the methods of transferring property, is no exception: it is also controlled and protected by law.

At the head of the entire legislative system of the Russian Federation is the Constitution. It does not directly cover issues of inheritance, however, it establishes human rights and freedoms that are inextricably linked with this process. For example, the human right to property and its protection.

The second most important in covering the rules of inheritance is the Civil Code of the Russian Federation. Part 3 of this code is largely devoted to consideration of the rules for accepting property.

In addition to these documents, the Tax Code of Russia is relevant to the regulation of the receipt of property. In it you can find answers to the questions:

to whom, how much and in what case to pay tax when accepting an inheritance;
size state duty to receive a certificate of inheritance;
who is exempt from all kinds of payments;
what other notarial actions in the process of registering an inheritance are paid, etc.

Letters from the Ministry of Finance explain the procedures and deadlines for calculating state fees for obtaining a certificate of the right to inherit shares and other securities.

“Fundamentals of Russian legislation on notaries” is a document that defines the procedure for notaries, including in matters of conducting inheritance cases.

The practice of courts in similar cases when inheritance disputes arise is widely used.

Regulations Supreme Court The Russian Federation defines some points that are not directly covered in the Civil Code of the Russian Federation. For example, which court has jurisdiction to consider cases of declaring a will invalid. Such decisions address narrower issues that have ever arisen in the course of resolving inheritance cases.

Directly regulates the inheritance procedure of the Civil Code of the Russian Federation. The remaining documents clarify specific points and establish standards in industries related to inheritance.

Its provisions are also used in other areas of life. As for inheritance, in the text of the Civil Code of the Russian Federation you can find out:

on what basis, who and in what case can inherit;
what is the procedure for registering inheritance rights;
about methods of accepting inheritance;
about the possibility of refusing it;
on measures to protect inheritance;
about violations of the rules and conditions of inheritance, possible consequences and ways to solve them;
about the rules of deprivation of the right of inheritance, the order of inheritance, etc.

It follows that all the fundamental aspects of inheritance are covered in the Civil Code of the Russian Federation. This document is basic and defines inheritance law in Russia.

New inheritance law 2017 in Russia

The President of the Russian Federation signed a new Federal Law on Inheritance in Russia. It makes some clarifications to the text of the current Civil Code. Namely, it determines the possibility of refusing to accept an inheritance in favor of other persons. However, before the adoption of this law, she had some uncertainty about refusing an inheritance in favor of someone.

New text Federal Law dated February 15, 2016 N 22-FZ completely corrects this defect and brings certainty to this article.

The shortcoming was noticed by the Constitutional Court, and on the basis of this, a new Federal Law was created to eliminate it.

New inheritance bill

Inheritance legislation is in a state of constant improvement. In addition to the already adopted law explaining the procedure for refusing an inheritance, a bill was introduced in 2016 that radically changes some existing provisions of inheritance law. It is currently being finalized, but if it is adopted, the population will expect the following innovations:

a new document - an inheritance agreement, which provides an opportunity to discuss the conditions for receiving an inheritance for a specific heir;
introduction of an inheritance fund;
the possibility of writing a joint marital will;
introduction of a single tariff for notary services for registration of inheritance;
the right of notaries to issue not individual, but combined certificates of the right to inheritance, etc.

Significant changes are expected in the area of inheritance if a new law is adopted. Whether they will be positive or negative, the procedure or will cause confusion, time and practice in applying the law will tell. Today the main thing legislative act on inheritance remains the Civil Code of the Russian Federation, which was amended in 2016 regarding the refusal of inheritance.

The main points of Russian inheritance law are regulated by the following: regulations, such as the Civil Code of the Russian Federation, the Tax Code of Russia and thematic laws at the federal level. Step-by-step registration of inheritance for an apartment after the death of the owner is a procedure, all steps of which must comply with the requirements of Part 3 of the Civil Code and the Tax Code of the Russian Federation.

According to these standards, a citizen can present his claims to an inheritance within a period not exceeding six months after the death of the testator. However, if the circumstances are such that the interested person really could not communicate his desire to receive the inheritance, then the deadline missed by the citizen claiming the inheritance can be restored in judicial procedure, if grounds are provided to prove good cause.

When carrying out the initial stages of the inheritance procedure, it is of decisive importance legal status apartments: purchased under a purchase and sale agreement, privatized or municipally owned. The amounts paid as state fees for inheritance - apartment inheritance tax - depend on the close relationship of the new owner of the apartment with its previous owner.

Some categories of citizens, whose special rights will be discussed below, are exempt from all tax payments stipulated by the legislation of inheritance law. It is also important information about the presence or absence of a will, drawn up for the lifetime expression of the will of the apartment owner.

Legal deadlines

Article 1154 of the Civil Code of the Russian Federation determines the period for entering into an inheritance within 6 months after the death of the previous owner. The starting point is considered to be the moment of opening of the inheritance - date of death of the apartment owner, or date of removal court decision declaring a person dead.

You can contact a notary from this day forward. Before the expiration of the next 6 months, the heirs can declare their claims to the inheritance and begin processing documents. However, the heir can receive title documents for the apartment only after six months from the date of death.

If the inheritance deadline is missed, the applicant to receive the inheritance can restore his right only upon receiving a positive court decision on this issue. To obtain such a decision, you must apply to the court to restore the missed deadline and indicate the reason for missing the deadline, which the court considers sufficient grounds for making a decision in favor of the heir.

If more than six months have passed since the death of the owner of the apartment, and the heirs of the first priority have not presented their rights to the inheritance, distant relatives and others can make their claims to the inheritance interested parties. Defined by law The period for entering into inheritance for them is 3 months, subsequent after the six-month period.

In the case when an unborn child becomes an heir, the deadline for entering into the inheritance is postponed until his birth, and all documents on his behalf are drawn up by the parents, guardians or legal representatives of the child.

Where is inheritance registered?

The place of acceptance of the inheritance may be the last place of residence of the testator, or the locality where the inherited apartment is located. In any of the above cases the heir must contact a local notary, conducting hereditary affairs.

The heir can find out which notary he needs to go to by contacting the notary chamber of the city or any notary office, where they will definitely tell him the location of the specialist who is engaged in notarization of the inheritance at the address of the deceased.

Standard for everyone settlements The Russian Federation is the practice of dividing inheritance cases by territorial basis and alphabet. Lists of addresses of notaries can be found on the website of the notary chamber of the city in which the inheritance is accepted.

What documents are needed to register an inheritance?

Before registering an inheritance for an apartment, you need to collect a package of documents. This process is usually broken down into two stages.

For the initial visit to the notary and submitting an application for inheritance, you need to bring the following documents for entering into inheritance to the apartment:

original death certificate of the testator or a court decision declaring him dead
identity documents of heirs
papers confirming the presence of family ties with the citizen who left the inheritance
documents confirming the right of ownership of an apartment by a deceased relative - certificate of ownership, real estate alienation agreement, gift agreement
preferential certificates of a participant in the Second World War, a person holding the title of Hero of the USSR or the Russian Federation, a holder of the Order of Glory, for exemption from payment of state duty

Persons who previously lived in the inherited apartment and who are legal heirs are also exempt from state duty.

After the notary opens the inheritance case, it will be necessary to evaluate the apartment and collect certificates from several institutions:

certificate explication issued by the BTI with information about the size of the premises
a certificate from the BTI or other authorized organization about the estimated value of the apartment
extract from the Unified State Register received at the Registration Chamber
extract from personal account confirming absence of debt

A citizen undergoing the procedure for joining inheritance rights, must be prepared to spend money, since ordering a certificate of the cost of the apartment and receiving an extract from the Registration Chamber are paid.

Step-by-step procedure for accepting and registering an inheritance

Registration of inheritance must begin no earlier than 6 months from the date of death of the testator.

Step 1: Preparation necessary documents to confirm the right to inheritance – death certificate, heir’s identity card and documents for the apartment

Step 2: A visit to a notary to submit an application for inheritance and documents confirming this right. The notary will open an inheritance case and send requests to banks and other organizations to obtain information about the material assets of the testator.

For heirs who for some reason cannot be present in person, it is allowed postal item a notarized application for acceptance of inheritance to the hereditary notary.

Step 3: Collecting an additional package of documents for the apartment - assessment, BTI certificates, personal account statements

Step 4: After 6 months from the date of opening of the inheritance, the heir can receive a certificate of inheritance, and then, by contacting the Registration Chamber, the title documents for ownership of the apartment.

If the apartment was not privatized, then to confirm your rights to inherit the right of residence of unregistered heirs, you will have to go to court. If the court considers the evidence sufficient and recognizes the right to use the residential premises and the right to live in it, this does not mean that the heir can take possession.

To obtain a certificate of state registration rights to an apartment that is in municipal ownership, it is necessary to privatize the property or buy the apartment.

Acceptance of inheritance by will

The deadlines for accepting an inheritance under an open will, the contents of which were provided to the notary, are similar to the deadlines for taking possession of an apartment by law.

Closed the will must be read in the presence of all citizens who will inherit the apartment under the will, and obligatory legal heirs within 15 days from the date of death of the testator.

When opening a sealed envelope containing a will, two witnesses must be present. After the contents of the text of the will are announced, all heirs are given protocols on the opening of the document, and the original will remains with the notary.

Expenses upon entering into inheritance

The procedure for entering into inheritance rights to an apartment after death entails material expenses.

Heirs of the first and second priority are required to pay tax on the inherited apartment. The amount of tax in 2019 depends on the assessed value of the property and is 0.3% of the figure indicated in the assessment documents. There are restrictions on this amount - the upper limit cannot exceed 100,000 rubles.

Heirs of the third stage and other persons entering into inheritance rights pay 0.6% of the cost of the apartment, but not more than 1 million rubles.

In addition to the basic amount of tax for entering into the right of inheritance, heirs will face associated expenses:

for opening and maintaining an inheritance case - to a notary
for documents on the cost of the apartment - BTI or independent appraisal organizations
for an extract from state register rights to real estate - to the Registration Chamber
for issuing a certificate of ownership of an inherited apartment - Rosreestr

The above-mentioned preferential categories of citizens, as well as heirs living together with the testator, are exempt from paying taxes and state fees for performing notarial acts.

Rights of heirs when dividing an apartment

If heirs who have equal rights have taken possession of the apartment, but there is a dispute in the situation that requires division of the apartment, they can resort to concluding an agreement on the division of real estate or go to court.

Article 1168 of the Civil Code of the Russian Federation clearly defines the right of people who entered into the right of inheritance and lived in the apartment on the day the inheritance was opened as preferential over other heirs, provided that they have no other housing. In this case, we are talking about receiving at the expense of heirs who did not live in the premises preemptive right for inherited shares.

If there is an unborn child among the heirs, division of the apartment is possible only after his birth.

Video: We talk about registering an inheritance in the Capital Literacy program

If the privatized apartment belonged to the deceased individual, inheritance occurs according to general rules. But if the deceased was only one of several owners of this home, only his share is subject to inheritance. In this regard, questions and misunderstandings sometimes arise.

For example, if the privatization agreement indicates 3 owners, one of whom is deceased, only 1/3 is subject to inheritance privatized apartment.

In this article we will look at who will inherit a privatized apartment and what is the procedure for dividing it between the heirs.

Who has the right to inherit a privatized apartment

As you know, the law provides for two methods of inheritance:

in law;
by will.

Depending on whether a will was drawn up, the privatized apartment (or a share of the apartment) will go to the closest relatives of the deceased or other persons to whom the deceased bequeathed his property.

Heirs by law

If the deceased did not have time to make a will, inheritance occurs according to law. The Civil Code establishes that relatives have the right to inherit - in order of priority, depending on the degree of family relations.

Thus, the primary heirs are the husband or wife, children, and parents. If they agree to inherit, the property of the deceased is divided equally between them. Other relatives are not called upon to inherit. If there are no primary heirs (or they refused or were excluded from inheritance), the right of inheritance passes to the second priority - brothers and sisters, grandparents. And so on - until the seventh stage.

To know full list queues and the order of inheritance according to the law can be found in the article “”.

Heirs by will

If the deceased made a will during his lifetime, the inheritance goes to those persons whom he indicated in this document. Even if these are strangers, not only individuals, but also legal ones.

If the will does not directly indicate relatives (even the closest ones), they are not called upon to inherit. The exception is for persons entitled to an obligatory share in the inheritance. They are a disabled husband or wife, parents, minor children - they have the right to half of their legal share, even if they were deprived of any share by a will.

Pay attention!

Even if the deceased is one of the co-owners of the apartment under the privatization agreement, this is not a basis for the inheritance of his share by other co-owners of the privatized apartment. The right of inheritance is exercised by law or by will, and not by privatization agreement.

So, for example, three brothers can be co-owners of a privatized apartment. In the event of the death of one of them, 1/3 of the share will be inherited not by the two brothers-co-owners of the apartment (who are representatives of the second line of heirs), but by the primary heirs of the deceased - wife, children, parents. Only in the absence of representatives of the first stage will representatives of the second stage - brothers - be called upon to inherit. Co-ownership of a privatized apartment does not give the right to inheritance.

Order of succession

The procedure for inheriting a privatized apartment is no different from inheriting any other property and consists of the following stages:

Contacting a notary at the place of opening of the inheritance. Read more in the article “”;
Submitting an application. More details in the article ""
Preparation of documents. The main documents are the heir's passport, death certificate, documents confirming the right of inheritance (will or family relationship), documents for the apartment (privatization agreement). Full list You will find documents in the article “”;
Payment of state duty, the amount of which is determined depending on the appraised value of the apartment and the family relationship between the deceased owner of the apartment and the heirs. Read more in the article “”;
Obtaining a Certificate of Inheritance;
Registration of ownership at the registration authorities.

Term

The inheritance procedure must be carried out no later than six months (6 months) from the date of opening of the inheritance. Even if the six-month deadline was missed, this does not mean that it cannot be restored. You can do this in two ways:

Judicial– by applying to the court to restore the missed deadline. You can count on a positive decision only if the deadlines were missed for valid reasons, which are documented.
Extrajudicial– by agreement with the heirs who entered into the inheritance on time and do not object to the addition of another heir.

Share in an apartment by inheritance after death

For registration of inheritance, it does not matter what kind of ownership the privatized apartment is in - shared or joint. This matters only for the co-owners and heirs of the apartment, who will subsequently decide the issue of division, use, and disposal.

Inheritance of a share in joint property

If during the privatization process the shares of the co-owners were not indicated, then the apartment became their joint property. They are all entitled to equal rights to joint property.

If one of the co-owners dies, what is inherited is not the real share (for example, one room), but the so-called ideal share in joint property.

For example, the deceased was one of three owners of a common privatized apartment. Besides him, the owners of the apartment were two more brothers. Each of them owned 1/3 of the joint property. The 1/3 belonging to the deceased was divided between three heirs - his wife and two sons. Thus, there are five owners of the apartment - two brothers of the deceased own 1/3 each, the wife - 1/6, two sons of the deceased - 1/6 each.

Division of joint ownership into shares

It often happens that joint ownership and use of common property is inconvenient. Co-owners do not always have a warm relationship with each other.

If one or more co-owners want to dispose of their ideal share (sell, donate, bequeath) - then it is possible to divide the joint property with an exact indication of the share of each owner. And provide each co-owner with the opportunity to dispose of their share.

Co-owners should contact a notary and draw up an agreement on the division of joint property. Since we are considering a specific situation with an inherited privatized apartment, this may be an agreement on the division of an inherited privatized apartment. This agreement specifies the size of the share of each owner - the shares may be unequal if the co-owners have reached an agreement on this.

If agreement cannot be reached, With statement of claim You need to go to court about the division of an inherited apartment. As a rule, the court decides controversial issue as follows - divides the common property into equal shares.

Even after dividing the apartment into ideal shares, the allocation of a real share in most cases is very problematic or completely impossible. For example, a one-room apartment is indivisible; it is also impossible to allocate three shares in a two-room apartment.

The process of registering an inheritance implies the presence of a notarial deed, which was drawn up by a previously deceased relative, where the recipient of the property is indicated. The existing deed is either directly with the notary, or must be presented to him in order to comply with the necessary formalities and clarify the identity of the future owner.

Provided that there are several heirs, and the property is not determined individually, then there is an equal distribution of property between the closest relatives - children, parents, spouses. In the absence of the deceased’s inner circle, family ties are established along secondary lines: cousins, uncles, aunts, nephews, etc.

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The legislation defines eight circles of kinship, the final representatives of which are considered to be the disabled dependents of the deceased. However, the right in this case will be legal if there are no relatives from all previous circles, and the testator himself has been a dependent for at least a year. In the absence of any heir, the apartment becomes the property of the state.

Persons entitled

Art. 1112 of the Civil Code of the Russian Federation states that inheritance real estate relatives are possible if at the time of death the living space was privatized - it was in full or partial ownership with other citizens. Otherwise, inheritance of the apartment after death is impossible. In addition, even if the process was started at the time of death, but was not completed, then such an apartment is also not subject to inheritance by relatives.

Citizens who were registered in a non-privatized apartment have the right to apply for further residence, but subject to renewal of the contract with the tenant. The basis is Art. 672 of the Civil Code of the Russian Federation.

Subsequently new citizen, with whom the rental agreement has been concluded, can apply for privatization of the apartment. But you should know that not every living space is subject to privatization - rooms in municipal dormitories, emergency housing, office premises- This housing cannot be registered as a property.

If the deceased citizen did not own the entire apartment, but only a share of it, then it is this part of the living space that will be subject to inheritance, and if the entire apartment was indicated, then such an act will be declared invalid, and the share of the apartment owned will be distributed between relatives equally

A cooperative apartment has certain inheritance nuances. You can own such living space only after making a share contribution, as evidenced by Art. 218 clause 4 of the Civil Code of the Russian Federation.

Upon the death of a person who did not manage to make the contribution, it is impossible to inherit the apartment, however, it is allowed to indicate a clause on patrimonial inheritance in the inheritance. In this case, relatives who are registered and permanently reside in the living space have the right to enter the cooperative and make a contribution. Then register ownership of the home.

Procedure for inheriting an apartment after death

To become an heir to an apartment, a simple will and confirmation of your own identity are not enough. It is necessary to carry out a number of actions, collect a package of documents and formalize everything in accordance with the legislation of the Russian Federation. In addition, the process involves a short time frame - no more than six months.

The order of inheritance includes going through certain stages:

Contact the civil registry office and obtain a death certificate.
The deceased relative must be deregistered at the place of registration and receive supporting documents.
Contact a notary.
Collect a package of all necessary documents.
Conduct an assessment of the apartment subject to inheritance.
Pay the state fee.
Obtain the right to inheritance from a notary.
Register ownership of the apartment.

Some of the steps described are straightforward, but others are worth examining in more detail.

Documents

The most difficult and time-consuming part of the entire process, since it involves visiting various organizations, waiting and preparing the relevant documents:

Death certificate.
Confirmation of removal from the register.
An extract from the house register about the last place of registration of the deceased.
Copies and originals of heirs’ passports.
Documents that confirm the degree of relationship between the deceased and the heirs.
A document confirming the ownership of the deceased, depending on how the living space was acquired by the citizen at one time - by inheritance, by privatization, by purchase. Accordingly, a document confirming the right of inheritance, a certificate of ownership or a purchase and sale agreement is provided.
Provided that the living space was registered as a property before January 31, 1998, a certificate from the Department of Housing Policy and Housing Fund is required.
Certificate from the BTI with technical information about the apartment.
Cadastral passport.

The list can be modified based on each case individually, so the full list of documents must be obtained from the notary in advance.

Registration

The procedure for registering an inheritance is divided into several steps:

Collection of documents confirming the right of inheritance.
Contacting a notary and providing the necessary package of documents, which gives the right to register an inheritance. The notary, in turn, will have to open an inheritance case and send the necessary requests to banks and other organizations to obtain information about the financial condition of the heir.
Collection of documents for living space - technical documentation, estimated value and personal account information.
Receipt of property six months after the opening of the inheritance and subsequent application to the Registration Chamber to obtain title documents for the living space.

To obtain registration of the right to a municipal apartment, initial privatization of the property is required.

Costs and deadlines

Receiving an inheritance involves certain expenses, the amount of which will depend on the degree of relationship of the heir to the deceased, the number and cost additional services when collecting documents.

For example, first- and second-degree heirs (spouses, parents, children, grandparents, nephews) need to pay property taxes. The amount is equal to 0.3% of the cost of the apartment, which is indicated in the appraisal documentation. However, the upper tax limit should not exceed one hundred thousand rubles.

Heirs of the third and subsequent stages are required to pay 0.6% of the cost of living space, but the upper limit is already one million rubles.

Additional expenses include, first of all, notary services, which are paid by the heirs from their own budget, as well as obtaining paid certificates, extracts and documents.

Deadlines stipulated civil code for entering into an inheritance, a time interval of six months is provided from the date of death of a relative. During this time, it is necessary to collect all documentation, and it is possible to enter into the right of inheritance only after 6 months. If the interval is not observed, you will have to apply to the court with a corresponding application to restore the missed deadline.

If after 6 months the heirs of the first and second stages have not declared their rights to the property, then the remaining relatives can claim. Their deadlines are more compressed and are determined by three months from the expiration of the six-month interval from the date of death of the owner of the inherited property.

When an unborn child is designated as an heir, documents are drawn up on his behalf by the parents or guardians only after the baby is born.

Introduction

Entering into an inheritance in the form of real estate implies a complete transfer of ownership rights from a deceased relative to the heir. However, there are several nuances that should not be forgotten.

First, an incapacitated husband, wife or parents, minor children and dependent people do not have the right to inherit less than half the share of what is due to them by law.

Secondly, if the heir accepts the inheritance, then all existing debt obligations of the deceased, if any, existed before death, also pass to him. This includes bank loans, mortgage payments, pawned jewelry that requires an extension, and more. However, the amount of inheritance debt cannot exceed the amount of the apartment.

For example, if the debt of the deceased was 3 million rubles, and the inherited apartment is valued at 1 million rubles, then the heir is obliged to repay the debt in the amount of no more than a million rubles. To do this, he has the right to sell the inherited apartment or use personal funds.

Privatization

Inheritance of a privatized apartment occurs almost identically to an ordinary one owned by the deceased. If there are several registered people in the living space, the heir receives exactly the share that the deceased relative owned.

Inherited property or inheritance is property with the right to manage it that passes to a successor upon the death of the owner. There are two types of inheritance in law - and . Registration of inherited property under a will presupposes that there is a special notarial act, previously drawn up by the testator, in which the recipient of the inherited estate is indicated. When registering such an inheritance, the notary must be provided with this act.
It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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The procedure for obtaining inherited property by law is that heirs are called from the immediate family circle of the owner of this property. The inheritance is divided among the closest relatives in equal shares.

The legislation defines eight categories of citizens who can claim inheritance. Of course, the successors of the main group are the children, spouses and parents of the deceased. In subsequent stages, the level of family ties with the testator or officially formalized relations is determined. Last but not least are disabled dependents and, directly, the state. Disabled dependents can claim inherited property provided that there are no successors of previous orders, and the dependent himself was supported by the testator at least a year before his death.

The procedure for inheriting an apartment

In order to become the owner of inherited property, the inheritor must perform a number of actions. First of all, contact a notary. The successor submits to the notary an application for acceptance of the inheritance according to the established form and a package of necessary documents.

This needs to be done in six months from the date of opening of the property.

Registration of an apartment by inheritance

If we are talking about inheriting real estate, then registering the right to own this property is not enough. It is also necessary to register the living space with the relevant organization. Only after this will the successor have the right to dispose of the received property at his own discretion. To register property with the Federal Registration Service, you need to collect a package of documents. However, all this can be formulated in the form of a certain list of actions.

To register real estate ownership, you must complete the following points:

Obtain a certificate of inheritance from a notary.

Collect additional documents: an extract from the Federal Tax Service stating that the property belonged to the deceased, a certificate from the BTI, an extract from the passport office about the number of people registered in the apartment, an extract from Rosreestr.

Complete an assessment of the apartment and attach the report to the general package of documents.

Contact the Federal Registration Service (FRS), where real estate ownership is registered within a month.

List of documents for registration

Registration of inherited property may take large number time. The successor will need not only to obtain a certificate of right to inheritance, but also to familiarize himself with the list additional documents necessary for further registration of real estate ownership. In order to avoid any problems with the registration of inherited real estate, it is necessary to collect a complete package following documents and contact the Fed. This organization may require the following documents:

Certificate of right to inheritance.

Extract from the BTI on the layout of the apartment.

Extract from the Unified State Register - about the absence of encumbrances on the living space.

Paper from the passport office indicating the number of residents registered in the apartment.

Extract from Rosester.

Valuation report to determine how much an apartment is worth.

To speed up the property registration process, it is worth collecting the entire package of documents before submitting them for registration. Before registration is completed, the sale or exchange of living space is not allowed.

Apartment tax

According to the law, apartments transferred as inherited property are not an object if they are owned by the deceased for three years. If the period of ownership of the apartment is less than three years, then the tax amount is determined based on the assessed value. In this case, it is necessary to pay income tax on the apartment valuation amount exceeding 1 million rubles.

In all other cases, the successor of the inheritance only needs to pay. The amount of the state duty is determined based on the cost of the apartment. The cost of the apartment is stated in the appraisal report.

Apartment valuation

It is necessary to estimate the cost of an apartment for a number of reasons. First of all, based on the cost of the apartment, the amount of the state duty is determined, which must be paid to the notary.

Also, based on the estimated value, the size is determined income tax if the property belonged to the deceased less than three years. If the owner has owned the apartment for more than three years, he does not pay income tax.

In addition, an appraisal report is needed to register the property as the property of the successor. The assessment is carried out either by BTI specialists or by representatives of a specialized company dealing with this issue. The assessment is formalized by contract. As a result of the work being completed, the customer is issued a corresponding certificate. There are two valuation options: market and cadastral. At market valuation the value of a similar object on the real estate market is used, and for cadastral registration it is taken cadastral value living space. Notaries, as a rule, prefer to use the market value of the property, but the heir himself has the right to determine what value of the property should be chosen.

Division of an apartment transferred by inheritance

Based on the clauses of housing legislation (), residential premises can be different types: apartments, rooms, residential buildings. Such property is inherited in the general manner with the provision of appropriate property, but sometimes there is such a living space that passes to the heirs by common ownership. In this case, either general management of the property is determined, or each successor receives a certificate of inheritance for his part of the home.

Enter into common ownership shared ownership is possible only if the desire of all heirs is registered in writing.

Pitfalls arise when dividing privatized property. In this case, the part of the deceased owner is inherited in accordance with the general procedure. Participants in common property can allocate their share, both in kind and in value.

Example of inheriting an apartment

The couple bought an apartment. A year after the purchase, the husband died. The couple have two children. The deceased's wife and children acted as heirs, but his mother began to lay claim to a quarter of the property, since she considered that all property was simply divided between four heirs: herself, the deceased's wife, and two children. She submitted an application to courts substantiating the claims, but the court refused the citizen. What is the reason for the refusal and why cannot the mother claim a quarter of the inherited property if she is the heir of the first priority, and the inheritance is carried out according to the law? The reason for the refusal is that the wife of the deceased is the owner of 50% of the apartment due to the fact that the property is their jointly acquired property. The rest of the apartment is inherited general principles and is subject to division among four heirs. It turns out that the mother can only claim a quarter of half the apartment, and not the total inheritance.

Conclusion

In conclusion, we can formulate a number of rules and points that must be followed in order to avoid problems when registering inherited property and living space in particular:

It must be remembered that inheritance of property is carried out in two ways: by will and by law.

The order of inheritance is determined by the presence of blood ties and officially formalized family relationships.

To receive inherited property, you must obtain a certificate of inheritance.

Registration of inheritance for an apartment after the death of the testator, it requires contacting a notary.

To register ownership of housing, documents are required to inherit the apartment.

There is no inheritance tax on an apartment if the owner has owned the property for more than three years.

Valuation of an apartment for inheritance performed by BTI or a specialized appraisal company.

The division of the inherited estate, which includes real estate, is carried out by determining the shares of the heirs.

The law allows for general shared management of the received property and for each heir to manage his or her share independently.

Privatized property and property inherited by spouses have nuances in determining the shares of heirs.