The share of the dwelling may, after the owner ' s death, pass to the successor on the basis of a written will or by virtue of the law.
It's six months away from the law.
The missed deadline would be an obstacle to the realization of the right to property, and a mandatory package of documents should be prepared in time to inherit and a share should be made available.
And if you are in possession of a property, then if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it, and if you are in possession of it, then you are in possession of it, and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it; and if you are in possession of it, then you are in possession of it, and if you are in possession of it, then you are in possession of it.
The persons who are able to obtain it are:
- Children under 18 years of age.
- Unable to work because of age or illness, parents, husband/wife of the inheritor.
- Citizens dependent on the deceased.
All the above-mentioned persons shall receive not less than half of the portion due to them in the case of legal succession.
And if you make a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest or a bequest.
In such a case, the refusal of the recipient, upon the death of the owner, has the right to demand the execution of an order made by the deceased in the event of life, regardless of the personal need of the heir for the dwelling.
Who inherits by law
If you do not have the right to inherit, then if you do not have the right to inherit, and if you do not have the right to inherit, and if you do not have the right to inherit, and if you do not have the right to inherit, the right to inherit, and if you do not have the right to inherit, the right to inherit, and if you do not have the right to do so, the right to inherit, and if you do not have the right to do so, the right to inherit, and if you do not have the right to do so, and if you do not have the right to do so, the right to do so, and if you do not have the right to do so, and if you do not have the right to do so, you will have no right to do so.
How to Formalize Succession
In order to inherit, regardless of the grounds, it is necessary to follow the established procedure.
To that end, the following actions have been taken:
- In order to obtain a certificate of inheritance, the notary is given a statement of a particular sample, which can be done in person by means of a representative with a legal authority in his name.
- The actual possession and use of the property; the measures taken to preserve it and the expenses incurred in that regard would constitute confirmation of the succession.
The following must be made available to the notary in order to obtain an inheritance:
- The death certificate is taken from the civil registry.
- Documents confirming a blood relationship or a relationship with the deceased.
- Rosreister's record of real estate.
- A paper from the management organization on the lack of debt for utilities and housing services.
The notary has an obligation to establish the degree of kinship of persons claiming succession.
The evidence includes documents from the registry, court decisions and, if available, statements from the metric and home books and job certificates.
Who has the advantage of processing a share in the inheritance
According to the regulations, upon the death of the owner, the property belonging to the owner shall be transferred to the heirs in equal proportion; the division of the property, which is the common share property, may be carried out not later than three years from the date on which the inheritance was discovered.
In the case of real estate, it is not possible to do so until a certificate of inheritance has been obtained.
Provided that the dwelling is not subject to a division in kind, the right to take precedence over the personal share is vested in:
- Citizens of the deceased, regardless of their legal successors, who lived with the heir in the same room, who regularly used it but were not the owners of the property in question.
- The beneficiaries who did not have a common right to a dwelling with the deceased, but who enjoyed it regularly until the day of his death, provided that the use of the premises was lawful.
- Citizens who lived with the heir at all times until the day of death, provided that they had neither property nor a contract of employment.
A successor who has acquired real estate on such grounds must pay compensation to the other heirs for their part of the property.
At present, this type of tax has been abolished, and citizens who enter into succession are obliged to pay the State Ministry, and its amount is directly related to the relationship with the heir; for example, the heirs of Releases 1 and 2 will pay 0.3 per cent of the value of the property received as a result of the succession, but not more than 100,000 roubles.
For all others, this amount amounts to 0.6 per cent of the price of the estate, but does not exceed 1 million roubles.
How privatized housing will be inherited
The inheritance of the share in the privatized dwelling is in accordance with the established rules. The share of the deceased in equal parts shall be divided among the remaining members of the common property. Nuances may arise in the course of the succession; for example, if the apartment has been privatized by both spouses, it shall be jointly owned; according to the law, the marital share of the property shall be half of the joint estate; irrespective of whether there is a will or no will, the husband/wife shall receive his/her share in the succession; if the he/she has, in the course of his/her life, handed over to a jointly owned share of the second half of the estate, it shall be null and void; provided that the real estate has been privatized before the marriage, the spouse shall inherit on common grounds, i.e. the shares shall be shared equally between the other beneficiaries; however, it shall be borne in mind that the rules of privatization in Russia have changed several times, so that in one of the temporary periods, the property of the citizens shall be placed free of charge in the estate in an amount not exceeding the established norms, and the square metres over the limit shall be given to ransom.
A citizen, V. N. Avdeev, applied to the court for recognition of the disputed area as jointly acquired property and for an increase in the amount of her share in the privatized apartment remaining after the death of her husband, G. G. Avdeev, to 2/3.
The reasons for the claims are as follows:
- G. G. Avdeev privatized the dwelling at the time of his legal marriage.
- Under the current provision, square metres in excess of the established standards were purchased from the municipality on the basis of the common funds of the spouses.
The daughter of G. G. Avdeev, A.A. Lapnigov, objected, explaining that her father had lived in a social contract apartment before being married, that he had privatized the dwelling in his name and that he had obtained a certificate of ownership.
Since privatization involves the free transfer of property, Avdeeva is not a member of the joint property; the amount paid for an area above the standard is not comparable to the price for a square metre handed over free; thus, according to Liapnigova, there is no marital share in the apartment according to the law.
On the basis of this, she asks for an apartment to be divided between her and Avdeeva in equal parts after her father's death.
However, the court accepted V.N. Avdeeva ' s arguments and granted the claim in full, as the square metres above the limit were purchased from the common funds of the spouses and therefore related to the joint property.
The question often arises as to how to obtain a share of the unprivatized dwelling, which depends on whether the deceased intended to enter into a free-of-charge agreement to transfer the dwelling to the property. The notary in making a certificate of inheritance to the unprivatized apartment will, for understandable reasons, refuse; hence, the problem can only be resolved by a court of law.
Evidence of the intention to undertake the privatization process will be:
- Application filed with the relevant authority.
- Transferred package of documents.
- No withdrawal of application.
In other words, a person dies before the property has been converted into ownership; if all the conditions are met, the property will be incorporated into the estate; persons living with and related to the deceased have the opportunity to apply to the municipality for a social employment contract; housing is privatized on the basis of the latter.
Is it possible to increase the share of property in the inheritance?
In some cases, it is possible to increase the share of the estate by inheritance, and this will require proof that, in the event of the estate's life, the value of the real estate was increased by means of the indissoluble improvements made with respect to the successor's funds. There are criteria to determine which changes in the object would result in an increase in the share.
These include the following:
- Crafted structural elements (e.g. roof replacement, construction, building of foundations, repair of walls).
- The increase in the size of the dwelling (annex).
- Implemented in accordance with sanitary and building standards.
- Made with the consent of all the associates.
The citizen, G.A. Yagutov, filed an application for an increase in her inheritance portion after the deceased husband, A.N. Yagutov. The circumstances of the case were as follows:
- The disputed apartment does not belong to the joint property of the spouses; the owner of the 2005 sales contract was A.N. Yagutov.
- In 2010, Yagutov made expensive repairs and purchased built furniture.
- In 2013, A.N. Yagutov died and his mother, A.S., and G.A. Yagutov ' s wife joined the inheritance of the apartment, part of which was 4/8.
G.A. Yagutova believes that the repairs carried out have significantly increased the cost of the estate and therefore requests that she be given a share of 6/8.
The court dismissed the claim, pointing out the following circumstances: the repairs made by the spouses are cosmetic and are intended to maintain the property in proper condition, which is the responsibility of the owners.
Registration of the inheritance share
Since the opening of the succession, immovable property has been in common share ownership.
It is only by obtaining a certificate of inheritance that citizens have the right to conclude an agreement on its title.
The above-mentioned document is submitted to a single real estate register and is the basis for the registration of the inherited share of the dwelling in accordance with the size specified in the agreement.
How does a share of an apartment form after death? How does a share of a privatized apartment inherit?
All men are mortals, sometimes life comes to an end suddenly.
With the loss of a loved one, not everyone is able to do simple everyday things, let alone a simple inheritance procedure.
Still, you have to live, you have to accept with gratitude what's left of a dear man.
This article will describe how the share of the dwelling is processed after death and what the share of the dwelling is by inheritance.
Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
If you want to know,How do you solve your problem -- go online in the right or call at +7 (499) 938-51-36 -- it's quick and free!
Who is legally entitled to a share?
- The first group is not related to the deceased: the owner has the right to make a will in favour of any person in an apartment (the inheritance is part of the apartment).
- The second group is quite large, and the heirs are then called upon to arrange the share of the dwelling according to the order of priority set by the SC of the Russian Federation.
- Children born after the death of the owner of the share are also entitled to inherit if they were conceived in his lifetime..
In this way, it is somewhat easier to inherit: it clearly identifies who will succeed and removes the vast number of disputes that are inherent in inheritance under the law.
It is important not to forget: a defined legal circle receives a mandatory share, regardless of who is in the will.
In applying the rules established by law, it makes sense if the owner does not write a will for the apartment.
The heirs belonging to the same order shall receive the same share of the dwelling.
First line includes the deceased owner ' s family in the direct branch: children surviving the deceased spouse and parents.
The second includes the brothers and sisters of the deceased, his grandparents, and the third is represented by his uncles and aunts.
In the absence of the above-mentioned persons, or in the event of the formal abandonment of their inheritance, a third, fourth and fifth degree of family shall enter the stage, and the number of births separating the family and the surviving tenant shall be determined.
The fourth is the parents of the deceased, the fifth is the children of the nephews and the brothers and sisters of the great-grandparents, the sixth includes the great-grandparents of both sexes, the cousin and niece, the cousins and uncle of the deceased.
If none of the above-mentioned persons is present by tragic accident, line seven is mobilized: stepdaughters, stepdaughters, stepfather and stepmother of the heir.
Read here about the characteristics of inheritance without will and heirs.
Right to provide a share of inheritance in a privatized dwelling
Sets the distribution of the inheritance between the descendants of the deceased heir, who can also expect to inherit the share of the apartment according to the law.
The offspring can only count on the share of the deceased heir, which is distributed between them in equal proportion..
In addition to all those who have been deprived of their inheritance and the descendants of the heir found to be unworthy, they are sometimes deprived of that right.
- Opening of the inheritance is possible only after the death of the owner of the dwelling.
- It's impossible to accept it in the owner's life under any circumstances.
- It will take six months from the date of the owner ' s death to prepare a kit for notarization.
- The following algorithm is proposed:
- Visits to the civil registry: the medical certificate of death and the passport of the deceased shall be exchanged for a death certificate on stamped paper;
- Visit to the photo centre: copy of the death certificate;
- Going to the passport table: The heir carries a passport, a death certificate for the tenant and a copy, removes the deceased from the register and requests form 9 indicating the date of discharge.
Documents are being prepared for the initial visit to the notary:
- Certificate of death of the owner of the dwelling (and copy);
- Will (if any);
- Form 9 with the date of removal of the deceased from registration;
- A birth certificate, a marriage (confirming a relationship with the heir).
- Model Form 9, download
- Having taken the necessary papers, the people concerned visit the notary office, submit a statement to the notary confirming in writing the intention to inherit the share and receive a list of the documents required to be collected and made available for a further six months from the date of departure of the tenant.
- Certain documents must be collected in order to complete the inheritance of the share in the privatized dwelling.
- You're gonna need a share of the apartment to inherit.:
- The privatization agreement;
- Evidence that the ownership of housing was registered by the State;
- The cadastral passport;
- an extract from the EGRP.
Since October 2015, notaries have taken over the last two paragraphs and now have the right to request these papers electronically.
Legitimation of the premises
After a period of 0.5 years, the notary issues to the beneficiaries a certificate of inheritance on a strict reporting form, which is the main part of the list of documents to be submitted to Rosreister for registration of the estate.
Recourse to the courts
- The right to a share in privatized housing is proved through the court if the beneficiaries have not reached an agreement on the matter in a peaceful manner.
- A trial on the division of inheritance is complex and time-consuming..
- There is often a chain reaction: if the problem is not resolved in a pre-trial manner, a court decision on the allocation of a share will result in claims from other legal heirs.
- Often, it is necessary to prove a person ' s right to a compulsory share of the dwelling.
- If the successor did not go to the notary at the time prescribed by law, the inheritance procedure would be problematic regardless of the reasons.
- If there were no substantial grounds, supported by the certificates, the applicant would be deprived of his or her inheritance rights.
- Getting out of trouble with minimal waste of time and money is a simple algorithm..
- There is a need to contact the heirs who took the inheritance of the apartment on time. There is a possibility that the missing person will be able to obtain written consent to the share. If they are lucky, the consent will be supplemented by the package required by the notary, and the share of the inheritance in the privatized apartment will be processed without a court.
- It is appropriate to ensure that the share of the dwelling is intact and intact; if the housing is damaged, the other beneficiaries will have to go to court to obtain compensation.
The missing potential successor has to prove in court that:
- He is entitled to a share of the dwelling;
- The reasons for the delay were valid.
Time goes by quickly. The collection of inheritance documents for an apartment isn't really that difficult. It's not worth creating any more problems, especially since now you know how to get a share in an apartment by inheritance.
- If a person is so afflicted with grief that it seems difficult even to breathe, it would be advisable to entrust the share of the dwelling to a proxy acting on the basis of a power of attorney.
- Look at the video: the inheritance of property (the inheritance money), an example.
You didn't find the answer to your question?How to solve your problem, call me right now:
+7 (499) 938-51-36 (Moscow)
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Succession of the privatized dwelling after the death of the will holder and by law
This is an excellent opportunity to improve your living conditions. You can leave your heirs only to the estate owned by the heir. This right usually arises either through contracts or through privatization.
Who has the right to inherit a privatized apartment
In the process of privatization, the property is transferred to the property of the persons involved; the owner of the property may dispose of it by any means authorized; some owners order the death of the property to be bequeathed to others; otherwise, after the death of the person, the inheritance is carried out in accordance with the general rules of the law.
Therefore, the answer to the question of who inherits the privatized dwelling depends on whether there is a will or not.
Even if there is a will, some relatives are entitled to a portion of the inheritance.
This percentage is known as mandatory.After the owner ' s death, it may be claimed by:
- Children of the testator who have not attained the age of majority or who have been declared incompetent;
- His parents, his spouse, who are unable to work;
- Dependents of the testator who are not capable of work.
The only difficulty with privatized housing can arise if more than one person is involved, and there will be several owners who are obliged to dispose of it together, and if the owner is only one, he or she will decide on how to deal with his or her housing.
HThe pursuit of a privatized flat without will is carried out in accordance with the rules established by the Russian Civil Code (hereinafter referred to as the "code").They say that the property of the deceased heir may be handed over to his family in a certain manner.
- The first is the heirs' parents, his children, his official spouse;
- Round two are brothers and sisters, grandparents;
- Release 3 is uncles and aunts of the heir.
If there are heirs to the first line of accounts, the others are not called to inherit.Only those who do not have the capacity to work may inherit beyond their turn, and they may not be relatives if they were detained by the heir and lived with him one year before his death.
Succession of the privatized apartment after the death of the spouse (husband or wife)
Upon the death of the spouse, the latter has rights to the remaining housing.Under the law, the second half, provided that the couple's relationship is officially registered, is the heir to the first line; moreover, if the spouse is unable to work by the time the inheritance is discovered, they may have a compulsory share in it.
In the case of "civil marriage"
Civil marriage, however, does not give rise to such rights in respect of the apartment or other property of the informal spouse.The only possibility of obtaining housing in this case is a will, but it is worth remembering the applicants for the compulsory portion of the inheritance.
How a privatized apartment is divided upon the death of a willed owner
When the testator formulates the will, the rules for inheritance of the privatized dwelling will be as follows.All or part of the dwelling is given to persons named in the written order of the heir; several heirs may be mentioned in the will.
Except in cases where there are heirs who are entitled to a compulsory share of the property of the deceased, such as his nearest incapacitation (children, spouses, parents) or dependents.Succession rights These persons are expressly provided for by law.
If a propiska is available
If the heir is named by will, The fact of registration in the dwelling confirms only the right to live there, and the fact that it is not important to have it or to have it is not material for inheritance.
And if the matter arises of writing off the deceased bequest, it is worth waiting for him to take his rights; and when all the papers have been processed and the property has been acquired, the new owner may release the deceased.
If there is no propiska
If the person named in the will, He or she is not required to register in the estate, but will be able to register once his or her rights to it have been established.
Succession of shares in privatized immovable property
The testator may own not only an entire privatized apartment, but also a part thereof, in which case he may leave another person only what he owns and the heir obtains a certificate for his share of the dwelling.The share in the privatized dwelling is inherited in accordance with the general rules of law.
How to Receive the Legacy
The inheritance of an apartment by law or by will shall be carried out in the same manner.The applicant for the inheritance must appear before the notary and file an application for the inheritance, but it is not necessary to expect immediate receipt of the documents for the apartment.
The notary examines all the papers, the other heirs, the required shares, the certificates of succession may be issued only six months after the death of the testator.
Procedure and rules for the inheritance of a privatized dwelling, which requires, where to go
The private estate is inherited by will or by law and transferred to the heir after due process of his rights.This procedure is handled by notaries.
In some cases, persons performing the functions of notary may make an inheritance.
If the municipality does not have a notary, the authority is exercised by the heads or employees of the local administration.
The heir must prepare a statement and a number of documents to address the notary (other person):
- A document confirming the death of the heir;
- Information on his last place of residence;
- The applicant ' s passport or other identity card;
- Confirmation of family ties (if there is no will);
- Will (if any).
In some cases, additional papers may also be required; the list could be clarified directly from the notary.
If no application has been made
And if any of the heirs do not make a claim, then it is not lawful for them to make a claim, except for six months from the date of the death of the owner of the dwelling; and if they do not make a claim, they shall not be allowed to do so until six months from the date of the death of the owner of the dwelling; and if they have not done so, they shall be recompensed by a court.
The exception is the actual acceptance of the apartment left behind.If the heir lived with the deceased and stayed in the apartment after the owner ' s death, cared for her maintenance and incurred expenses, he shall be deemed to have accepted the inheritance.
Proceedings in court
The right to inherit takes place within the time limits laid down in the Code, and when the applicant has missed the time limit for filing an application, his or her restoration takes place in court, and the late he or she should prepare a written statement indicating the reasons for the delay and requesting his or her reinstatement.
No specific valid grounds have been established by law for granting the application.
Date of adoption
The inheritance is given to the heir only in accordance with the rules established by the Civil Code of the Russian Federation. 6 months are required for applications to be made by applicants for inheritance.
Intestate inheritance of privatized housing
How to inherit a privatized dwelling without will was described above, recalling that the rules of the Code would apply in these cases, and that the right to an apartment would be given to the relatives of the deceased, who would also need to obtain an apartment from a notary.
How Heirs Can Agree
The procedure is not always satisfactory to the heirs, and there is sometimes a dispute between them about the rights of the deceased ' s abandoned dwelling; their permission is usually subject to judicial procedure; and the inheritance rights may not be issued until the dispute has been resolved.
And if one of the inheritors does not wish to receive the inheritance, then let him inherit the inheritance of the other; and let him inherit the property of the deceased; and let him inherit the inheritance of the deceased; indeed Allah is Oft Forgiving, Most Merciful.
A will for a privatized apartment and a sample of it.
Every person has the right to dispose of his or her property by means of a will, which must be written in writing and certified by a notary.
If these rules are not followed, the document will be null and void; the wills may be open and closed; in the second case, the contents of the document until the death of the testator are unknown even to the persons making the document.
- A sample of a will for a privatized apartment is given by reference.
- In another article, you can learn how to make a proper will for an apartment!
- If you have any more questions, write them down or send them to our counselor!
Features of inheritance of a privatized apartment by law and will: taxes, documents, rules, order
One of the most common ways of transferring ownership rights to privatized dwellings from one person to another is through inheritance, which is a universal succession where the successor takes the place of the predecessor in the legal relationship of the property, implies a change in the composition of the entity with the preservation of the object of the legal relationship.
In our case, the object is privatized housing, rights and duties related to legal relations of property.
Upon the death of the owner of the dwelling, property rights are transferred to his successors, and there are two ways of transferring these rights in the event of the owner ' s death: by his will and without him (under the rules of the HC).
So today we're going to talk about the inheritance of property by law and will.
Legacy of an apartment
This method of inheritance is relevant when there is no bequest order from the owner of the dwelling in the event of death, and if the owner does not wish to do so, the rules of law which define the persons entitled to the estate of the heir shall apply.
- The difference between the legal inheritance of the apartment and the will will will be explained by the following video:
- You'll find out what rules of inheritance exist for a privatized dwelling.
The CC provides for eight successions of persons who are the beneficiaries of the deceased, and the right to inherit by law is vested in persons who are the next of kin and who form a single family with the deceased.
- In the first line of rights, children, spouses and parents of the deceased are legally entitled.
- Relatives from subsequent chains are entitled to a privatized dwelling only in the absence of persons from previous rounds; therefore, if there are "priority" successors, the inheritance rights of those from lower chains do not arise.
The law provides for persons who are not in a relationship with the predecessor but who are part of a family with him, and these citizens are referred to in the law as dependents of the heir.
To be recognized as such and their inheritance rights, citizens must be unable to work on the day the heir dies, live with him and receive maintenance from him.
Such persons are considered by law to be:
- Men after 60 years of age;
- Women after 55 years of age;
- Persons with a disability group;
- Children under 16 years of age;
- Persons studying in an educational institution who have not reached the age of majority.
In many cases, the process of privatization of the dwelling has not yet been completed (the property rights have not arisen but the documents have been filed) and the citizen has died.
In such a situation, the right to inherit the dwelling arises for the beneficiaries in accordance with the law.
In the case of judicial proceedings, the courts protected the rights of future beneficiaries, since the predecessor had expressed his will to privatize housing.
There are some nuances in the inheritance of privatized dwellings.
- If more than one citizen was involved in the privatization process and all of them are specified in the contract, the right to inherit an apartment from the successor arises only in respect of a particular portion of its predecessor.
- There is a possibility of renewal of the inheritance when the period of succession is missed: there are two options: peaceful means (when relations are established between the relatives and they have no claim of succession to the part) and in court (when the other successors disagree and dispute exists, the claim and the proceedings must be based on the grounds on which the heir has missed the time limit).
The procedure for inheritance of the privatized apartment will be considered further by law.
Procedures for the management of accommodation
In order to obtain privatized housing, it is necessary to complete four stages, to which the law provides for six months:
- Collection of documentation on the death of the heir and the relationship between him (birth certificate, court order, marriage certificate and other documents confirming the relationship).
- The stage at which the inheritance case is opened (referral to the NK employee).
- The required paperwork from the notary and the receipt of the inheritance document.
- State registration of the rights of the new owner in the registering organization.
- The following video will provide the lawyer with more details on the procedure for the inheritance of an apartment under the law:
- Next, we'll talk about making the privatized apartment a legacy of a will.
Acquisition of real estate by will
The inheritance of a privatized dwelling shall not be applied by law if there is an expression of the will of the predecessor in a special document, a will; this document shall be prepared in the lifetime of the owner and shall consist of the will upon the order of the privatized dwelling upon the occurrence of the death.
- And we'll start by telling you who owns the inheritance rights of the privatized apartment.
- The next video will tell you all the details of what it is like to inherit a privatized willed apartment:
Right to inheritance
The heir has the right to identify any person who does not belong to his family (as well as the State through his authorized bodies).
However, the law also defines a special category of citizens which has the primary right to inherit irrespective of the will of the predecessor.
Persons entitled to a compulsory part of privatized housing include:
- The husband or wife;
- Dependents who have lived with the deceased for at least one year;
- The parents of the inheritor who are unable to work because of the existing disability group.
The proportion for this category of persons is 2/3 of the privatized area to which inheritance rights are transferred.
When a privatized dwelling is inherited by several heirs, a share must be allocated; however, it is often impossible to implement the division in reality.
In such a situation, the beneficiaries may sign an agreement on the division of privatized dwellings; in the absence of agreement, the conflict situation is resolved in court.
The application should require the allocation of a share of each successor.
This rule applies to the division: if the testator has not established parts of each successor ' s property in shares, the court shall divide them equally.
In some cases, however, the process requires the participation of specially authorized bodies that protect the rights of certain categories of persons (under the age of 18 who have been declared incompetent or have limited legal capacity).
Also taken into account is the fact that a successor who has lived and used a privatized dwelling has priority in the inheritance of a share; these persons have the right to purchase the shares that are inherited by the other beneficiaries.
Next, we'll talk about the order of succession to the will.
Procedures for the management of accommodation
The process of obtaining the owner ' s rights is possible only after six months ' time; the receipt of the certificate is subject to a public service certificate; only after the receipt of the certificate can the new owner register his or her rights to privatized housing.
Next, we'll tell you what documents are needed to inherit the apartment.
The following papers are required for the succession to privatized housing:
- A document indicating the occurrence of death.
- A document expressing the will of the heir (if any).
- Affiliation papers (marriage certificate, birth certificate).
- A legal document for a privatized dwelling (owner ' s certificate, original privatization contract and photocopy).
- BTI Form 2 certificate.
- Reference from the service provider to the deceased ' s place of residence.
- Exit from EGRP (formerly notary required but requested by notaries on their own since October 2015).
- Document on valuation of the privatized dwelling.
In addition, the estate owner ' s passport and the documents confirming the relationship with the owner of the privatized dwelling are required for the inheritance.
The list of documents is indicative, the notary has the right to request other papers, and then we'll tell you about the taxes on the inheritance of the estate by will and by law.
The issue of taxation
According to the former CNC of the Russian Federation, persons who inherited a privatized apartment were obliged to pay a fee for immovable property.
However, since 2005, following the enactment of the law and the amendment of the NC, natural persons who have inherited a privatized apartment have been exempt from tax payments.
The law equalizes the rights of all heirs, regardless of the method of inheritance, as well as the priority and degree of kinship.
As you can see, the inheritance of an apartment is not only a pleasant moment, but also a challenge, and the same, albeit with some nuances, concerns inheritance by law and the will of a cooperative apartment or, for example, at home.
The Legacy of a Privatizationed Apartment — Are There Challenges?
Many citizens have taken possession of the property by making a privatization deal, and privatization generally means obtaining State-owned property in private property.
The owners of privatized apartments often die, in which case the question arises: "How will the inheritance of the privatized apartment take place, and who has the right to inherit?"
Many are at a standstill because the inheritance of a privatized dwelling will take place in a slightly different manner than the inheritance of a regular apartment purchased for its own money.
This article will address the issue of inheritance of a privatized dwelling and highlight key nuances related to the topic.
Who could be the heir?
Under civil law, there are two types of inheritance:
If a citizen has documented his last will before he dies, i.e. has made a will according to all the required rules, then the inheritance will be carried out according to one rule. If the will is not, it will be entirely different.
If legal heirs inherit, their circle is determined by the relationship with the deceased.
The law assigns seven stages of legal succession; most often the first line of succession is the spouse, the children and the parents of the deceased; and if a citizen has the heirs of the first line of succession, the heirs of the other line of succession are not called upon; and if there are no heirs of the previous line of succession, the second step is taken only if there are no heirs.
When a will is made, only those citizens who are expressly listed in the document may inherit, even if the deceased has living close relatives who belong to the first line of succession under the law.
The exception in this case is only in cases where minor children have been left to the heir and there are parents or spouses who are unable to work, since in such a case the said citizens are entitled to a compulsory share, even if they are not identified as heirs in the will.
The procedure of succession
According to the law, after the death of the heir, the heirs have a six-month period to declare to the notary who has an open inheritance, his desire to inherit.
In order for the heir to inherit, they must undergo a procedure consisting of several stages:
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- You have to go to a notary to open an inheritance case;
- It is necessary to apply to the notary for inheritance;
- A number of documents should be prepared for the notary ' s registration of the right to inherit;
- State duty is required for administrative actions by the public authorities, since the bill confirming payment is
- One of the documents forming part of the overall package;
- A certificate of inheritance must be obtained;
- A registration of ownership is required and a certificate of inheritance must be submitted to the Rosreestra office where the registration actions will be carried out.
Once the deceased ' s property has been acquired, it becomes the full estate of the heir.
Date of inheritance
As mentioned just above, in order for the heir to claim his inheritance, he must meet the six-month deadline from the date of death of the heir by filing an application with the notary.
It is worth noting, however, that there is another way to inherit: the actual taking of property, i.e., in a primitive sense, it means that if the heir has not applied but has begun to look after, reside in, clean up, repair, and so on, then it may well be regarded as an inheritance.
In such a case, however, the heir must prove to the notary the actual inheritance in order to establish the legal title to the inheritance, and if he refuses to issue a certificate of inheritance, he must apply to the court for confirmation of the rights to the property by virtue of the actual inheritance.
If the heir missed six months and did not actually inherit within that period, then in which case the only option to inherit his property would be to apply to the court for restoration of the missed period.
It will be necessary to refer to valid reasons: stay abroad, stay in a health facility, long-term illness of a family member, and so on, and respect for the cause will be confirmed by the relevant documents on the basis of which the court will already decide on the extent to which the circumstances are respected.
The problems of inheritance of a privatized dwelling
Most of the problems in the inheritance of a privatized apartment are because citizens confuse the basis of the inheritance.
In any case, after the death of the sole owner or co-owner of the share, the heirs of the first line are called upon to inherit by law.
The problem often arises when the apartment is privatized for a few people, so many people mistakenly think that the share of the deceased will go to the other owners.
This is possible if the other owners are named in the will, and the heirs are the heirs of the succession of the deceased who is called upon to inherit.
The fact that the remaining owners of the dwelling will be family members at the same time is a private case, as well as the difficulty of recognizing the privatized apartment as joint property, a situation that is not so rare in practice.
For example, a primitive case: a three-person family privatized the apartment, but it was only arranged for the spouse. Because of the accident, the husband dies. The question arises: "How will the apartment be inherited?"
Many are of the view that half of the dwelling will be inherited, as the second part will already be owned by the spouse because it is acquired during the marriage.
In fact, this is not the case: only the spouse owns the apartment privatized on the husband, i.e. her own property, since, according to the law, privatization is a free transaction.
Therefore, in this situation, after the death of the wife, the apartment will be shared equally among the heirs.
The procedure for inheritance of a privatized dwelling has its nuances and characteristics, and it is important to understand and know them because they can have a significant impact on the privatization process as a whole. If there are difficulties in understanding the inheritance process of a privatized dwelling, contact the inheritance lawyer.
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The inheritance of the privatized apartment was changed by March 1st, 2023 by the Germans D.S.