Inheritance of real estate: apartment, house, plot of land, shares, bank deposits, company

Author of the article: Anastasia Ivanova Last modified: January 2021 20514

The property rights of Russians to residential real estate are protected by the legislation of the Russian Federation. Having owned a country house, an apartment or a share thereof, the owner can dispose and use his property as he sees fit. Speaking about part of the living space, it should be taken into account that its owner can not only sell, exchange or donate it, but also write a will for a share in the apartment, in the same manner as if he owned the living space in full.

Important nuances

Citizens who have capital or real estate can leave orders regarding inheritance. This allows them to select from among the group of heirs the one to whom they want to leave everything. Why should you write a will? A common procedure used not only by wealthy people. According to the law, you can leave any thing, money or real estate to your descendants. The main thing is that it belongs to the testator.

If the testator has drawn up a competent document and taken into account the requirements of the law, then subsequently the person indicated there will receive the property without any problems.

In the absence of written orders of the deceased, his property and savings will be inherited by relatives by law.

The notary will open a new inheritance case, find interested parties and distribute capital among them.

If you have real estate, lawyers advise making a will. This helps to settle the issue of succession in advance.

Moreover, the ownership rights of the author of the document remain unchanged. The orders reflected in the paper relate to the period after death.

The owner has the right to appoint any person as a successor. Not necessarily a relative. Here he is free to choose. Whether it is a family member, a colleague, a neighbor or an entire organization - it doesn’t matter.

Features of the procedure:

1. The author has the right to rewrite, cancel the will, and supplement it as much as he likes. executed by the deceased is considered final

Learn important things: Heirs of the first stage

2. A citizen is free to appoint anyone as his heir. Even an organization . This is determined by his status as an owner.

3. Property and other capital specified in the maintenance will be distributed according to the orders of the deceased.

4. Execution of the document does not limit the citizen’s right to use the property. He will remain the owner, and the people named there will receive the property after his death .

Shared ownership can also be passed on to descendants. A person has the right to give away what belongs to him. The heirs will become the same share owners.

6. It is difficult to challenge a well-drafted document. Although the deceased author himself will not be able to defend his interests, his will is reflected in the text of the paper. In addition, if the registration took place with the help of a notary, the specialist can confirm the client’s legal capacity in court.

7. Secrecy . You can write a will in secret, keeping its contents secret. The notary will keep a sealed envelope, which will be opened later. This way the author will prevent possible squabbles between relatives, attempts to put pressure on him and other intrigues.

8. The document is considered individual . You cannot write group wills; even spouses must draw up separate testamentary acts.

9. Set conditions . The author is free to compose the text of the declaration of will as he wishes. The main thing is to adhere to a neutral, business style and clearly convey the idea. So that there is no doubt or unsaidness left.

In addition to the distribution of property, you can add wishes to relatives and put forward conditions for them. For example, in order to receive part of an apartment, a son/daughter/nephew must graduate from university, reach adulthood, or get married.

10. Appoint an executor . This will ensure that the wishes of the deceased are carried out. He can choose a person whom he trusts unconditionally. In the document, indicate his position - executor and a list of upcoming tasks. Sometimes citizens play it safe by choosing a notary as their representative. The specialist will be helped by his knowledge of legal norms.

11. Cancellation is easy . If the author of the document changes his mind, he has the right to revoke the will and destroy it.

With all the advantages of the procedure, a citizen should remember the requirements of the law. According to which, there is a group of persons capable of challenging a will.

If the deceased forgot (on purpose) did not mention them. And seize part of the property from the successor appointed by the author of the document.

Apartment by inheritance: pitfalls and features

When inheriting an apartment, certain legal difficulties may arise. We tried to provide the main ones in the article.

No one inherited the apartment

If applicants for receiving property have not contacted a notary within six months or there are no heirs, the inheritance will be considered escheated. In accordance with Art. 1151 Civil Code of the Russian Federation. Such property is transferred to the ownership of the state.

Until then, the inheritance mass is subject to preservation by the notary. It is he who must take measures to ensure the integrity of property.

Inheritance of a mortgaged apartment

Until the loan debt is repaid, the property will be pledged to the bank. If the inheritance is accepted, the heir will be the owner of the mortgaged property, but with certain restrictions. They will be withdrawn after the debt is paid off.

Let us note that the estate includes the debts of the testator in full. Accordingly, the new owner of the mortgaged apartment will pay both the principal and interest.

There is an alternative option. You can sell your home, pay off the debt to the bank, and take the remaining amount for yourself.

How to seal an apartment before inheriting

It is impossible to seal an apartment yourself. The police also do not have such powers.

To ensure the safety of property, you must contact a notary and write a corresponding statement. The notary is obliged to provide protection within the framework of current legislation.

Does registration affect the inheritance of an apartment?

Registration in the inherited apartment is important only if it requires proof of actual acceptance of the inheritance. In this case, three situations are possible.

• The person registered is not a relative.

If he was a dependent of the testator, he is among the heirs claiming to receive a mandatory share. In this case, the presence of a will or family connection does not matter.

• An application for inheritance was not submitted, but registration is available.

A person may not be aware of the right to a compulsory share. In this case, he can prove that he accepted the property in fact.

• The heir received an obligatory share for a relative due to registration.

The law states that the obligatory share does not pass to other heirs if its owner was unable to exercise the right. However, in some cases, registration can play a decisive role.

Inherited an apartment with debts

All debts of the testator that are separate from his personality are transferred by inheritance. Payments for utilities are not included in such debts, and, therefore, are inherited along with the apartment.

However, the legislator has provided a number of limitations on the scope of the heir’s liability:

• he is liable for the debt only to the extent of the value of the inheritance; if another debt is paid, the rent is written off;
• the debt is paid in proportion to the share in the inheritance;
• debt is paid only for the last three years.

It will not be possible to evade responsibility and refuse to pay the debt.

Joint property or not

If the heir has a husband/wife, he/she has no rights and cannot claim the inheritance.

In the event of divorce, the inherited property will not be divided, since according to the law it is not considered jointly acquired. It belongs only to the spouse who previously inherited it.

Illegal redevelopment of an apartment by inheritance

When redevelopment or reconstruction is carried out without appropriate approval, the consequences provided for in Art. 29 Housing Code of the Russian Federation. Most often, it is necessary to return the apartment to its previous condition at the expense of the offender. In this case, the heir will be responsible.

However, if the redevelopment does not violate the rights and interests of other citizens and does not pose a threat to their life and health, the changes can be preserved. You will need to go to court to legalize changes to the property. The heir will be able to do this after taking ownership.

Appointment of a relative as heir

More often, people prefer to leave a share of property to family members. Of course, the owner is free to appoint any relative. For example, choose a nephew instead of a son or an aunt instead of parents. This is due to personal preference. The legal heirs retain the right to claim part of the property, no matter whether the testator indicates them or decides to bypass them.

To draw up a will, a shared owner does not need to ask for the consent of the other owners. He has the right to leave to his descendants part of the housing that belongs to him. Written consent is required when a share of the property is decided to be sold or exchanged .

Privatization of a share of property (apartment) - in a separate entry.

Registration of ownership of an apartment by inheritance

After receiving a certificate of inheritance rights, you must register the apartment as an inheritance property. Only after this the heir becomes the full owner and can dispose of the property at his own discretion.

To register, you must contact Rosreestr or MFC. You need to have a package of documents with you, which includes:

• general passport;
• certificate of entry into inheritance rights;
• an application for state registration of property rights (usually prepared by an employee of the department; you only need to sign);
• receipt of payment of state duty (not required, but better to have with you).

The state fee for registering rights to an apartment is 2,000 rubles. It can be paid at a bank branch or payment terminal.

After completing the procedure, the heir is given a current extract from the Unified State Register. This document confirms the fact of registration of property rights.

Types of Wills

A person can choose what the document will be like. He wants to “make a surprise” to relatives or notify them about the nuances of the expression of will.

If the testator himself cannot visit the notary: he is in a hospital, sanatorium, at sea, or he is in the military, then a lawyer’s representative will communicate . For example, the attending physician, the current unit commander, the captain of the ship, etc. The responsible person in the organization where the client is located.

There is a service for calling a specialist to your place when a person is sick or disabled. Then the notary arrives himself, taking the necessary documents. You can draw up a will together, the lawyer will show ready-made examples and give advice. People who have not prepared such documents before need expert advice.

If emergency circumstances arise, the testator is allowed to draw up and certify the document independently . The main thing is to invite two people to act as witnesses. They will sign below, confirming their presence and the legality of the procedure.

Buying an apartment by inheritance: risks

Buying an apartment received by inheritance is considered one of the most risky undertakings. We'll tell you why it's dangerous and how to protect yourself.

Here are some tips from a professional lawyer:

• If the price is significantly lower than the market average, you need to carefully check the apartment. The cost is often reduced by 5-10%. This is acceptable. So the heirs try to sell the property faster in order to divide the proceeds.
• Be sure to check the identity of the seller and his passport. If a representative always comes to the meeting, it is necessary to arrange a meeting with the owner. Preferably in the premises being sold.
• It is necessary to conduct a competent conversation with the seller in order to find out the history of the property, the motives for the sale, the presence of encumbrances, etc.
• We do not agree to a deposit. Yes, when concluding a transaction, you should not enter into any monetary relations.
• Be sure to carefully study the documents for housing.
• Check whether the technical plan coincides with the actual state of the object.
• Talk to the notary who handled the inheritance case for the apartment.
• Check the heir-seller for any lawsuits and enforcement proceedings.

The best solution in such a situation is to contact a competent lawyer. A specialist will be able to check the legal purity of the object and will accompany the transaction from start to finish.

Making a will for a share or entire property

In order for a document to receive the necessary legal force, it must be drawn up in accordance with the law.

Find out important things: Heirs of the second stage - how property is divided

By including the following information:

· personal information concerning the author (his full name, address, date of birth, passport number, etc.);

· information concerning heirs;

· Date of preparation;

· description of property;

· orders of the author (who gets it, list of conditions).

Disadvantaged citizens will be able to challenge the document in court if the paper is drawn up incorrectly.

The compilation procedure is simple:

1. The owner invites an appraiser to determine the exact value of the property. If such information is not available. You can use the cadastral passport data. It is worth remembering that only the property included in the will will be distributed.

Any items purchased later do not count. Therefore, before writing a document, you should check the amount of savings (a bank statement will help if the money is stored there), an extract from Rosreestr.

2. Writing a will. The citizen does this himself or enlists the support of a notary. The main thing is to draw up a competent, legally complete document. Reflect a complete thought in the text. So that descendants and any outsider can understand the will of the author.

The testator can use figures of speech familiar to him , or compose a long or short text. Some accompany orders with wishes to relatives and give them advice.

You can write by hand or type. Lawyers advise the latter option so that the contents of the document are not difficult to decipher due to the author’s handwriting.

3. The finished paper is certified by a notary . Subsequently, it is stored in the office until required. The client can revoke the will, make changes to it, or rewrite it completely. The specialist must certify the new (updated) text, confirming its legal significance.

4. After the death of the client, the notary initiates the inheritance case. He invites relatives and reads the document to them.

When contacting a specialist, the testator needs to take:

· your passport;

· title papers (for real estate, bank accounts and other things that he owns and intends to leave to his descendants);

· agreement regarding the allocation of shares;

· will (if it was written earlier and only needs to be certified).

Other certificates may be required; the notary will notify the client about them.

Documents for inheriting an apartment

So, let’s figure out what documents are needed to inherit an apartment. Initially, the notary will ask to present a general passport. After this, you will be asked to fill out an application of one of the following types:

• On accepting an inheritance. Here is a request to accept the inheritance and a request to issue a certificate.
• On the issuance of a certificate of inheritance. In this case, it is considered that the inheritance has already been accepted. You will need to list for which property a certificate is required.

The application contains the following information:

• surname, name, patronymic of the parties (heir and testator);
• the testator's last place of residence;
• the will of the heir that he accepts the inheritance;
• basis of inheritance – will, degree of relationship;
• date of application.

The text of the application can also include information about other heirs and the composition of the inheritance mass. The completed application can be submitted in person, through a representative by proxy or by mail (the signature will first need to be certified).

In addition, the notary is presented with:

• death certificate of the testator;
• documents confirming the degree of relationship (in case of inheritance by law);
• will (if any);
• an extract from the personal account or house register as confirmation of the last place of registration of the testator.

Additionally, the notary will request information about real estate owned by the testator from Rosreestr.

Inheritance queue

According to the law, the rights of citizens are distributed according to the degree of their relationship.

Inheritance queues

This is described in the contents of articles 1142-1146 in the Civil Code of the Russian Federation (Chapter 63).

Actual inheritance of an apartment

The actual acceptance of an apartment by inheritance is the performance of actions indicating that the property has been physically accepted. For example:

• ensuring the safety of housing - replacing doors, installing bars on windows, etc.;
• bearing the costs of paying utility bills;
• paying rent debts;
• improving the condition of the property - replacing pipes, repairs, etc.

Despite actual acceptance, documentation will still be required. Without this, it will be impossible to dispose of the apartment in full.

Mandatory share

There is a special category of people whose interests the owner will have to take into account. They have the right to receive part of the inheritance, regardless of the orders left by the deceased.

This is reflected in the text of Article 1149 of the Civil Code of the Russian Federation:

· disabled parents of the testator, his spouse;

· minors, also disabled children;

· disabled dependents.

They are entitled to ½ part of everything that the deceased leaves. It is also difficult to bypass your legal spouse. He has the right to receive half of the joint property accumulated by the couple. Whether he will subsequently transfer his share to the common children or not, he will decide for himself.

Is a non-privatized apartment inheritable?

A non-privatized apartment is the property of the municipality, not the testator. However, the heir can use it. The law imposes restrictions only on the disposal and conclusion of transactions in relation to such real estate.

If the testator has already submitted documents for privatization, his heirs will be able to complete the procedure. In this case, the municipal apartment will be inherited by the legal successors of the deceased tenant.

If documents for privatization have not been submitted, the heirs can do this. You will first need to re-issue the social tenancy agreement.

How to register a house after inheriting

After receiving a certificate of accession to inheritance rights, you will need to contact Rosreestr or the MFC to prepare documents. In addition to the certificate, you will need to present a passport, an application and a receipt for payment of the state fee.

An employee of the department will take the documents provided for inheriting the house and issue a receipt indicating the date of readiness. On the specified day, you must appear again and receive a current extract from the Unified State Register of Real Estate, confirming ownership of the property.

How to disinherit an apartment

The testator can leave a will and in this document disinherit a specific successor. If the question of deprivation of rights arises from other heirs, they will need compelling reasons:

• committing an intentional crime against the testator;
• committing illegal acts against other heirs;
• the fact of seizure or falsification of the will, as well as other obstacles to the execution of the will of the testator;
• deprivation of parental rights;
• failure to fulfill obligations to support the testator.

In these cases, the heir can be declared unworthy by a court decision and deprived of his inheritance. In this case, it does not matter to which order according to the degree of kinship he belonged.

How to leave an apartment as an inheritance to one person

There are five ways to transfer property to a specific person. We'll tell you how best to leave an apartment as an inheritance:

• Will. This document can not only transfer rights to a specific person, but also deprive them of the opportunity to receive an inheritance. However, a will can be challenged, and it is powerless against persons who have the right to an obligatory share.
• Testamentary refusal. This document obliges the heir to provide living space to a specific person for life or for a certain period.
• Inheritance contract. This is an agreement between the testator and heirs, certified by a notary. As part of the contract, you can demand the fulfillment of obligations in your favor.
• An annuity or lifelong maintenance agreement with a dependent. This agreement is not related to inheritance law, but can be used as a way to transfer property to a specific person.
• Deed of gift. Refers to gratuitous transactions and is guaranteed to protect against heirs claiming an obligatory share. Disadvantage: ownership passes during the life of the donor.

To understand which option is preferable in your situation, call the specified phone number or write to us in a special consultation request form.

Entering into inheritance: bank deposit

The situation with entering into an inheritance using funds is more complicated than with re-registration of an apartment. The fact is that by law the depositor is not obliged to inform anyone about his accounts. For this reason, many deposits remain unclaimed.

Only in 2021, a new service appeared in which a notary can make a request and receive information about the testator’s accounts in Sberbank. In 2021, it is planned to connect several more banks to the system. However, by law, a financial organization does not have the right to disclose information about deposits to anyone other than a notary.

To submit a request, the heirs need to write a statement about searching for accounts with a list of banks. The application is submitted to the notary. The service is paid.

Financial institutions respond to the request within 30 days. If the request is ignored, the heirs can complain to the Central Bank.

Receipt of funds from the deposit will be possible only six months after the death of the depositor. For issuance, you will need to present a passport, death certificate and certificate of inheritance. Money received by inheritance is not subject to state duty.

Difficulties may also arise when inheriting securities. To register them, you must provide the notary with a certificate from the register holder and a report on the value of the securities. In other words, if the heirs do not know about the availability of shares, it will be impossible to receive them.

Lawyers recommend not blocking the testator’s SIM card and using it from time to time, since an SMS from the management organization or broker may be sent to this phone number. Try not to ignore calls and check your email. Perhaps this way you will be able to find out about additional property that needs to be re-registered.

Valuation of an apartment for inheritance

Appraising an apartment for inheritance is a mandatory stage in registering property, since the appraisal results are necessary to calculate the amount of state duty.

Appraisal of an apartment for a notary involves determining the cadastral and market value of the property. This information will also be required if the heirs plan to divide the inheritance.

The appraisal report is prepared by a professional appraiser. It will take him 3-5 working days to complete the required work.