How to inherit a cooperative apartment, how is it divided?

A special topic of property acquisition and inheritance is the cooperative apartment. The ownership and heirs of such housing are determined by law.

Let's take a closer look at all the nuances of inheriting such an apartment.

Procedure for inheriting living space

Heirs can inherit property in accordance with a will drawn up by the former owner of the apartment and certified by a notary, or according to the Law.

What does it mean? Domestic inheritance law (in accordance with Chapter 63 of the Civil Code) identifies eight priority points for heirs:

1. Close relatives: spouse; parents; children, grandchildren.
2. If the heirs of the first priority are not determined, then full sisters and brothers have the right to inherit; grandfathers, nephews of the testator.
3. Aunts and uncles, cousins ​​and brothers by right of representation.
4. Relatives of the 3rd degree of kinship.
5. Relatives of the fourth degree, etc.

In the future, the list of heirs according to the law has the right of inheritance to the stepfather and stepmother of the testator or stepdaughters and stepsons.

After the time period specified by law has passed from the date of death of the owner of the apartment, the potential heir turns to a notary and legally receives documents for ownership of the apartment. D

Sometimes property is actually accepted when the heir is registered in the apartment. Proof of a person’s actual residence can be an inspection report of neighbors, paid receipts for utility bills, and receipts for purchases.

Apartment features

In order to build an ordinary residential building, an organization “cooperative” is created - the activity of several legally capable persons. Since building a house is a production activity, a cooperative is called a production cooperative. To join such an organization, you need to contribute a certain amount of money.

In Soviet times, construction activities were carried out by members of the cooperative or with the help of a construction company. At the time of depositing money, the living area was determined, and the contribution was called a share.

Upon completion of the construction of a cooperative house, each client - member of the cooperative received ownership of their home. When registering this right, the apartment owner must provide the relevant authorities with a document confirming full payment of the share.

Every person should know this rule: until the construction of a house is completed, it (the house) is considered production, and upon completion it is considered non-commercial.

That is, if the apartment is cooperative, then initially its construction can be called private, and each owner has the right to private property. And with this right, housing can be sold.

But that’s how it was in Soviet times. At this time, everything has changed a little, since cooperative construction is carried out very rarely, in connection with the adoption of the law on shared participation in such construction.

Now there is another scheme: a contribution of approximately 25 to 50% of the cost of housing is initially made for the construction of a house, and then the rest of the money is paid after construction is completed. A cooperative apartment can be bought and sold or inherited.

Right of inheritance

In this case, the heirs will not be able to receive the inheritance, since this property will be considered the property of the cooperative, that is, production property. And what will be inherited is not the cooperative apartment itself, but the unpaid share.

The procedure for inheriting an unpaid cooperative apartment is carried out in accordance with the provisions of the charter on the cooperative, and the heir only has the right to use this property, but does not have the right to own the apartment. In the event that the share is paid by the time the permission to register the inheritance is opened, the data is changed, and he receives this right, regardless of his place of residence.

It must be taken into account that if spouses become heirs, then they must contribute the share in equal parts, since only in this case the cooperative property will become common.

The procedure for registering the inheritance of a paid-out cooperative apartment is the same as for a regular apartment. Registration of the right to your property is carried out in accordance with the law or by fulfilling the terms of the will.

• contacting a notary;
• provision of relevant documents;
• obtaining a certificate.

There is a receipt of actually accepted property, subject to the residence and registration of the heir in the cooperative apartment.

If there are no problems with the share and everything is in order with the documents, then in order for the inheritance to be properly formalized, you need to contact professionals - lawyers. They will provide the necessary full consultation regarding problems related to ownership of cooperative housing.

Documentation for applying to a notary

1. A certificate indicating the date of death of the testator.
2. A will or confirmation of the fact of relationship with the former owner of the apartment.
3. Legal documents for a cooperative apartment.
4. Certificate of payment for the share (on request).
5. Papers assessing the cost of an apartment by qualified specialists.

When registering an inheritance, a state fee is paid, depending on the degree of relationship with the owner of the apartment and the number of heirs. For close relatives, the state duty is no more than 0.3 percent of the price of the apartment, and for everyone else – no more than 0.6%.

Cooperative shares of heirs

The law provides for a procedure for separation by agreement between family members. If such an agreement cannot be achieved, then the problem is resolved in court. Each applicant can file a claim (application) in which they inform about the share of the inheritance they want to receive.

When dividing an apartment by agreement, each of the heirs must carry out certain actions:

1. Waiver of rights to your share of the inheritance, which is part of the common shared property.
2. Acquisition of the right to separate personal property in the general part of the inheritance.

It is important to know: you can also allocate a share to an heir by paying monetary compensation to the co-owner.

When implementing these procedures, the law requires that you declare your actions in advance so that the co-owners have time to think about and choose their options. They must make an appropriate decision within one month. If during this period the co-owners have not redeemed the part, then the heir has the right to dispose of it personally.

It should also be noted that during the allocation of a cooperative share, minor children and incapacitated family members must be taken into account.

All these procedures for the allocation of a cooperative share of an apartment are carried out by a notary, since they are in the nature of a universal transaction and the co-owners go through all the above stages at the place where the inheritance of the cooperative apartment is opened.

Please note: the practice of transferring the cooperative form of ownership to the Homeowners Association is now gaining legal authority.

It is also useful to know that a cooperative apartment is not subject to privatization, since this housing is not state-owned. And the person who has documents on the payment of share contributions does not take part in privatization.

Cooperative apartment: heirs and ownership rights in 2023

Inheritance of any type of real estate has its own characteristics. A special issue in this case is a cooperative apartment, ownership and heirs are determined by law. When registering real estate as an inherited property, a lot of questions arise, the main one of which is confirmation of payment of share contributions.

What is a cooperative apartment

The construction of cooperative housing has lost its relevance due to the privatization of apartments, the expansion of shared-equity construction and mortgage lending. But in the 20th century, many such apartments were built, and the heirs of their owners are beginning to encounter problems when preparing documents.

Nowadays, there is another model: housing and savings cooperatives with responsibility for the exploitation of shares. Housing cooperatives are created when the developer violates the terms or conditions specified in the contract. The shareholders establish an association necessary to complete the construction of the house. Cooperatives that have been preserved from former times also continue to function.

Cooperative apartments differ from privatized or social ones in that to obtain such housing, which was real estate in the Soviet years, it was necessary to become a member of the cooperative by paying an initial fee.

Later, the owners paid installments until the full value of the property was paid off.

A distinctive feature of such housing is its inherently private nature. The property legally belongs to the housing construction organization as a legal entity.

Is it necessary to enter into an inheritance if the apartment is cooperative?

The procedure for receiving such housing as an inheritance takes into account all aspects of the creation of the cooperative and the actual condition of the housing when the heirs declare their rights.

There are two ways to inherit living space: by will and by law. If a declaration of will is drawn up, the administrative document indicates the person receiving the property. In the absence of a will, the co-heirs receive ownership of the apartment in accordance with the order of priority prescribed by law.

The procedure for obtaining a cooperative apartment by inheritance is the same as for receiving privatized housing in the case of full payment by the testator of all share contributions. However, parts are distributed depending on who paid and who lived there other than the owner of the apartment.

It is necessary to officially register housing in the Unified State Register; before this, no transactions with real estate are allowed. In accordance with Part 4 of Art. 218 of the Civil Code, any transactions with cooperative housing are permitted only after the entire share has been paid.

Until then, you can live in it, but you cannot do the following:

• arbitrarily dispose of housing;
• pass on to inheritance;
• draw up a deed of gift;
• sell the apartment.

You can inherit cooperative housing from its owner only after his death, if the apartment is fully paid for and registered in the MFC or the State Register.

If the cost of the home has been paid in full, but there is no registration certificate, which the testator did not have time to issue, then the successors must write an application for registration of the property, presenting documents confirming the payment of all share contributions. The heirs will receive the certificate.

Accepting an inheritance of such living space can be complicated by the fact that the apartment may not belong to the tenant, because it is owned by a cooperative.

The most important condition for successors is full payment of contributions, otherwise the heir cannot become its owner, but simply live in it.

When inheriting a cooperative apartment that belongs to the cooperative and is not considered the property of the residents, there are features of inheriting such housing.

Who has the right to inherit a cooperative apartment

The legal procedure for inheriting living space without a will provides for a sequence of 8 degrees. The successor of each next queue can claim his share in the absence of previous queues. Housing is distributed equally among relatives of the same level. First-tier applicants include:

• surviving spouses;
• children (natural and adopted);
• parents;
• grandchildren in case of death of children.

Second and third in order are other relatives in the absence of first-line heirs.

If a will is drawn up, the property is distributed according to the will of the testator; he has the right to indicate not all recipients of the inheritance.

If the owner of the home has died and the cost of the apartment has been fully paid, then the heir needs to obtain a certificate of inheritance from a notary and register ownership of the property in accordance with it.

When a share is contributed in shares, for example by a married couple, each part is inherited individually.

If relatives of the testator live in premises for which the deceased has not fully paid, the family continues to have the right to reside in the apartment. The condition for receiving the inheritance will be membership in the cooperative in accordance with Chapter. 12 Housing Code of the Russian Federation. If you inherit a fully paid-for living space, you can register your ownership rights yourself.

When purchasing premises in a registered marriage and jointly paying share contributions, the surviving spouse is the heir to half of the apartment.

The remaining share is distributed among other applicants.

If the share contribution is paid before marriage and continues payments during the marriage, the remaining life partner can claim half of the amount paid, but not the second part of the apartment.

How to register an inheritance for a cooperative apartment

In the absence of a will, the next of kin of the testator are considered heirs in accordance with the order of priority.

Taking possession of a cooperative apartment occurs as standard in accordance with the law and a will, if there is one. Ownership of living space is formalized in stages:

• registration of the application at a notary office;
• preparation of documentation;
• providing a package of certificates to the notary at the place of registration of the deceased;
• payment of state duty, which is calculated depending on the cost of the premises;
• delivery of a receipt for payment of services to the notary office;
• obtaining a certificate of registration of the right to inheritance;
• registration of ownership of property in the Unified State Register.

Only after all these operations are completed, the heir acquires the status of owner. Before this, he cannot dispose of housing at his own discretion.

List of documents for inheritance

To register ownership of a cooperative apartment, the notary is provided with a package of documents and special certificates:

• heir's identity card;
• death certificate of the former owner;
• property valuation act;
• technical documentation for the apartment;
• document on relationship with the deceased testator;
• certificate of inheritance;
• confirmation of payment of the full cost of housing (main document);
• receipt of payment of state duty;
• application for acceptance of inheritance.

The successor has the right to declare refusal to inherit property by writing a corresponding statement.

Inheritance tax of a cooperative apartment

Payment of taxes when registering ownership of inherited property occurs according to established rates:

• first-priority applicants for notarization pay 0.3% of the estimated value of the living space (no more than 100 thousand rubles);
• heirs of subsequent stages - 0.6% (not exceeding 1 million rubles);
• for the procedure for publishing a will – 300 rubles;
• for carrying out measures to store a will – 600 rubles.

Owners of a share of housing, as well as incapacitated and underage relatives, are exempt from payments.

Housing cooperatives are legal entities that unite citizens for the construction of a building on the basis of equity financing.

The right of inheritance to the premises is determined by all the factors of the formation of the cooperative and the real status of the apartment at the time the heirs declare their claims to the property. Ownership may be determined by law or by will.

Cooperative apartment as an inheritance

Inheriting an apartment

All this happens in the same order as everything else, that is, it can be by law and by will.

To inherit an apartment, you need to accept it as written in the law.

To receive property for use, at least 6 months must pass from the date of death of the testator. This period is established by law and is not subject to change. This was done so that during this time other claimants to the inheritance could appear.

After 6 months, the heir must contact a notary and obtain a certificate of the right to inherit. In order for this certificate to be obtained, you must provide those documents that confirm your relationship with the deceased. This is done in case of receiving property by law.

Because if a will has been drawn up for you, then you do not need to confirm your relationship.
You also need to bring documents that confirm the ownership of the testator’s apartment. It is not uncommon for situations when the heir lives in an apartment with the deceased and is registered in it.
Then it turns out that he actually accepted this property and can provide additional evidence. This could be paid utility bills, receipts for purchases made to the house, or testimony from neighbors. In such cases, there is no great need to have time to contact a notary on time. But in the case when a person does not live in the inherited property and, especially, is not registered in it, then it is very important for him to have time to contact a notary and present his rights. If he is late, then he will have to restore the right to property through legal proceedings, which is quite difficult. The court will consider such a case only if there are good reasons for absence.

These reasons are:

• being treated in a closed institution, from which there is no way to leave without the permission of doctors;
• stay abroad;
• serving in the army;
• lack of any information about the death of a relative.

In the same way, those who are not registered but live in the testator’s living space must contact a notary within 6 months. If this is not done, then you will have to prove the fact of residence in court.

Inheritance of a cooperative apartment

This procedure has fundamental differences from the previous one, which are that if a member of the cooperative did not have time to fully pay the share contribution, then he will only retain the right to use this property, and the share accumulation will be included in the inheritance estate. In this case, the apartment itself will remain the property of the cooperative. In such a situation, the right to inherit and accept him as a participant in the cooperative occurs in accordance with the charter. In this case, it becomes clear that the heir will not receive ownership of the cooperative apartment, but only the accumulated shares, that is, its value.

In the case of a fully repaid accumulation by the day the inheritance is opened, the owner of the residential premises will be changed. Because the law says that a member of a cooperative who has made a full share contribution for the apartment that was given to him for use immediately acquires the right to use the property, regardless of where he lives.

Such procedures are formalized according to the rules provided for by law. It often turns out that the savings are always paid by both spouses and are therefore the common property of them. If people inherited these share savings, then they will also be shared. Therefore, those who have the right to part of the savings, but are not members of the cooperative, can also become participants in the common ownership of living space. So, when inheriting a cooperative apartment, as well as a privatized one, both entire areas and shares in the common property can be included in the inherited property.

To successfully receive such a pleasant gift, you should immediately contact a lawyer. They will help you prepare all the documents and save time. Thanks to them, you can not only keep your nerves in order, but also save a lot.

Registration of a cooperative apartment as an inheritance

After the death of the testator, legal successors can inherit the cooperative apartment. Inheritance here occurs in the same way as receiving other inherited real estate, but with the reservations specified in the Civil Code and the Housing Code of the Russian Federation.

What is a cooperative apartment?

A cooperative apartment is housing purchased in a residential complex or housing cooperative through the payment of share contributions.

Until the obligations to pay shares are fully repaid, the housing belongs to the cooperative, after which a certificate of ownership is issued.

Accordingly, if there are title documents, the owner of the property can independently dispose of it and transfer it by inheritance.

Peculiarities of admission to members of the Housing Committee are regulated by Art. 121 of the Housing Code of the Russian Federation, and in the future they will be important for heirs who received cooperative housing if the shares were not fully paid by the testator:

1. A citizen submits an application of desire to become a member of the cooperative to the board.
2. Within one month, the application is considered and a general meeting is held.
3. The applicant, after pre-approval, pays an application fee.
4. The board formalizes the decision on the citizen’s membership in the LCD.

Citizens who have reached the age of 16, as well as legal entities that are owners of real estate managed by cooperatives, can become members of the housing complex.

How to inherit a cooperative apartment?

It all depends on whether the share was fully paid by the testator or not.

Most often, situations develop as follows:

• The citizen pays off the obligation to pay the share, but does not have time to receive an extract from the Unified State Register and dies. In this case, his heirs need to contact the MFC with evidence of payment of contributions in order to receive an extract from the Unified State Register. In the future, the inheritance is registered in the standard way - through a notary.
• A member of the housing complex pays off the shares in full and receives title documents for the home, then dies. Here, his successors must immediately appear before the notary to enter into the inheritance.

To understand in detail, it is recommended to familiarize yourself with a practical example:

How to inherit a cooperative apartment with an unpaid share?

In this case, the amount of unpaid contributions does not matter. Even if the shareholder did not pay an additional 1000 rubles at the time, the apartment will be owned by the cooperative. The heirs will receive only the amount of contributions already transferred.

There are two possible scenarios here:

• If the heirs lived in a cooperative apartment and are relatives of the deceased, they will be able to use the housing, but subject to joining the housing complex.
• If the legal successors did not live in the premises, it becomes the property of the residential complex.

Important! If the heirs lived with the testator in a cooperative property, and he paid the contributions in full, they do not have to become members of the housing complex. Here it is enough to enter into an inheritance and re-register documents.

The Civil Code of the Russian Federation establishes two methods of inheritance - by law or by will. In the first case, the distribution of shares in the inheritance mass is made between the legal successors of the first priority, and in the absence of such – the second or subsequent successors. If a will has been executed, the person named in the will will receive the property.

In the event of an unpaid share, only previously transferred amounts are subject to division, unless the successors previously lived in the cooperative premises together with the testator. If they live together, they can pay the fees and continue to use the property for residence.

It is important to consider two features of inheritance of living space:

• If a will has not been drawn up, the inheritance is transferred by law and distributed among all claimants in equal shares.
• Disabled children, parents and spouses can claim a compulsory share, regardless of the method of inheritance. This also includes cases when their candidacies are not included in the will, but the challenge is carried out in court.

Practical example:

How to inherit a cooperative apartment?

If the shares have been paid and the property is owned by the testator, the legal successors must proceed as follows to formalize the inheritance:

1. Collect all documents, pay the state fee and contact a notary. This must be done within six months after the death of the testator.
2. Submit to the notary's office along with an application for inheritance. If necessary, the specialist may request additional materials.
3. After 6 months from the date of death of the testator, collect the certificate of inheritance.

When visiting a notary's office, you will need the following documents:

• Statement. To be filled out in free form. Must contain full name. the testator and heir, the address of the location of the property, its technical data, information about the document, about the right of ownership.
• A certificate of ownership or an extract from the Register, where the owner will be indicated by the testator.
• Passport.
• Receipt for payment of state duty. Its size depends on the value of the inherited property.
• Valuation report (to calculate the cost of state duty).
• Notarized power of attorney, if the legal successor acts not independently, but through a legal representative.
• Certificate of death.
• Other documentary information indicating relationship with the testator, if inheritance is carried out according to law.

If the shares were not fully repaid, but the citizens lived together with the testator, the home still remains the property of the cooperative. To become property owners, they need to obtain membership in the residential complex, and then, after paying all fees, issue an extract from the Unified State Register of Real Estate.

Last changes

In 2023, there are no significant changes in legislation on this issue.
Our experts monitor all changes in legislation to provide you with reliable information.

How to inherit a cooperative apartment?

An apartment, like other property, after the death of the owner is inherited by his relatives (or other persons).

Sometimes such an inheritance becomes not only a “pleasant surprise”, but also causes significant trouble for the heirs. This is because the inheritance procedure for real estate has many nuances. Especially if the apartment is cooperative. Therefore, relatives need to not only fill out all the paperwork correctly, but also find out about the problems that may arise.

In this article we tried to understand all the intricacies of inheriting cooperative housing.

Inheritance of cooperative real estate

Inheriting real estate is a complex topic. The inheritance procedure, the circle of legal successors laying claim to such objects, and the deadlines within which the heirs must meet are determined by law.

In short, applicants must declare inheritance rights within six months. The legislator established this rule to identify all prospective applicants.

Legal successors receive ownership of property in accordance with the law, or on the basis of a will executed by the testator during his lifetime. The circle of legitimate applicants includes 7 lines, which includes close and not so close relatives. We talked more about how inheritance by law occurs in this article.

After six months, potential heirs are required to visit a notary’s office, fill out an application, and submit the necessary documents. After this, they will be issued a certificate of inheritance rights.

Please note: to register the property, the legal successor must provide documents confirming the relationship with the deceased. If the property is accepted on the basis of a will, there is no need to prove a relationship.

We explained in the article “Who has the right to inheritance by law?” which line of heirs this or that relative belongs to.

Often, the actual acceptance of the inheritance occurs - if a relative, for example, is registered and lives in the inherited apartment. To issue an inheritance certificate, it is necessary to prove the fact of acceptance in court - evidence in this case can be certificates from the housing office, receipts for utilities, explanations from neighbors, checks, contracts, etc.

Features of inheriting a cooperative apartment

For the construction of an ordinary residential building, a special organization is created - a cooperative, the members of which are adults, legally capable persons. Since construction implies production activity, the cooperative is usually called “production”. To become a member of the cooperative, you need to contribute money; this contribution is called a “share”. Construction work is carried out by members of the cooperative or construction organizations are involved.

After completion of construction work, each participant received ownership of housing in a cooperative house. Before registering this right, the cooperative participant must pay in full and submit to the regulatory authority documents confirming payment of the share in full.

In Soviet times, there was a rule: until construction work was completed, the facility was listed as production, and after completion - non-commercial. In other words, if the housing is cooperative, then its construction was called private and the participants received ownership rights. This means that the apartment can be sold or donated before the relevant certificate is issued.

However, this was during Soviet times. Today everything has changed, building cooperatives are becoming less and less common, the reason for this is the innovative Law on Shared Participation.

Currently, there is a different procedure: the participant makes an initial payment for the construction of the facility, the amount of which ranges from 25% to 50% of the cost per square meter, and then after (or before) the completion of construction he pays the rest. Only then can cooperative housing be sold, bought, or inherited.

It is important! Cooperative housing becomes the property only after the cooperative participant has paid the share contributions in full. The participant is issued an official supporting document - a certificate of ownership.

Inheritance of an apartment if contributions are not paid

The main distinguishing feature when inheriting a cooperative living space is that the process can begin at a time when not all participants have yet fully paid off their share contributions. And even if the testator did not make the calculation and did not receive the certificate.

Here there is a main nuance - if the payment has not been made in full, the relatives cannot register the inherited housing, since it will remain the property of the building society.

And it doesn’t matter what amount remains to be repaid – significant or insignificant.

It is not the cooperative housing itself that is inherited, but only the share contributions that the testator managed to transfer (share accumulation).

If close relatives (for example, spouse, children, parents) legally lived with the deceased, they can continue to live - only with the condition of becoming members of the cooperative.

This condition is mandatory, since persons who are not members of the cooperative cannot occupy an apartment.

At the same time, relatives have the right to continue to pay share contributions, and in the future to formalize ownership rights.

If no one lived in the apartment, or the testator lived alone, the housing becomes the property of the cooperative.

As a rule, the procedure for transferring unpaid cooperative housing is described in the charter of the organization itself - the legal successors of a deceased participant have the right only to use this property (live in the apartment), but not to own it.

Note! If the testator manages to pay the share contribution in full before the opening of the inheritance procedure, the situation will change.

If you want to know whether an inheritance received by one of the spouses is considered joint property, read our article.

Inheritance of an apartment if the share is paid

Legal registration of a cooperative inherited apartment with a paid share is not much different from receiving ordinary real estate. Registration of inheritance rights occurs by law or under the terms of a will.

If a cooperative member managed to pay his dues and died without receiving ownership documents, he is still the owner of the property. In this case, the successor receives the certificate; for this he needs to prove that the share has been paid in full. We described how to issue a certificate of inheritance right here.

Cooperative inherited housing can be registered as ownership no earlier than six months later. Then the usual procedure occurs. Heir…

• contacts a notary office;
• provides the necessary documents;
• receives a certificate.

If the successor lived in the apartment before the death of the testator and continues to live in it, the property is considered to be actually accepted.

Documents required for accepting a cooperative apartment as an inheritance

To register real estate and receive a certificate, the heir (or heirs) must fill out an application for accession to inheritance rights and collect the following documents:

• own passport;
• death certificate;
• documents confirming the right of inheritance (will or confirmation of family ties with the deceased);
• legal documentation for cooperative housing;
• receipts for payment of shares (if necessary);
• appraisal report or conclusion issued by an appraiser (also if necessary).

Valuation documents are needed to determine the amount of state duty, since issuing a certificate of inheritance is a paid procedure.

The amount of tax depends on family ties and the value of the object.

Thus, for close relatives (parents, children, surviving spouse), the amount of state duty will be no more than 0.3% of the price of housing, for remaining applicants for inheritance - no more than 0.6%.

If you are interested in what documents are needed to register inheritance property, read our article.

Shares in a cooperative apartment

The best option is when the procedure occurs in accordance with the agreement on the division of shares. If an agreement cannot be reached, the issue can be resolved in court. One of the heirs needs to file a statement of claim and ask the court to determine the shares of each applicant.

There may be several options for dividing cooperative real estate:

• The heirs acquire the right to their own share, the apartment will be in common shared ownership.
• Some heirs renounce their part in the joint shared ownership in favor of one of the relatives, who will be the owner of the apartment. In the article “Refusal of inheritance in favor of other heirs,” we talked about the procedure and consequences of refusal.

In the latter case, the apartment can be sold - so the heirs-refuseniks will be able to receive their part of the inheritance in the form of monetary compensation.

If there are several co-owners, the inherited share can be disposed of (sold, donated) only with the consent of the remaining owners. If the property is sold, the co-owners receive the right of initial redemption.

Ownership rights and heirs of a cooperative apartment

All issues related to cooperative apartments are regulated by the Civil Code of the Russian Federation. But not everyone knows at what point housing can pass from cooperative to personal property of a citizen, become the subject of various transactions, or become part of the inherited property.

What rights does the owner of a cooperative apartment have?

The owner of a cooperative apartment, despite the fact that he lives in it, will not be able to freely dispose of it until he makes full share contributions. This is provided for in Part 4 of Art. 218 of the Civil Code of the Russian Federation.

Only after the final settlement with the cooperative does he become the owner of the apartment and gets the opportunity to sell, donate or exchange it.

Accordingly, it will be possible to inherit it only if the testator has paid the share contributions, registered his ownership of the apartment and registered it with the MFC or Unified State Register.

The main condition must be full payment of contributions to the cooperative.

After the process of registering the testator's right to the apartment is completed, the heirs receive certificates of inheritance from the notary.

The solution to the issue of inheriting a cooperative apartment directly depends on whether the testator managed to fully pay the share contributions or not. If he has fully paid the required amounts, but has not completed the process of registering ownership, then his heirs will be able to do this.

They will need to collect documents that confirm the fact that a member of the cooperative has paid the entire amount of the share contribution (receipts, bank statements, certificate from the cooperative) and submit them to the registration authority. After the deceased testator has registered the right of ownership of the home, they will be able to enter into their inheritance rights.

If a will has not been drawn up, then the apartment will be inherited on a general basis by the heirs of the first priority (this includes parents, children, spouses). In their absence, the heirs of subsequent orders will be called upon to inherit. At the same time, the heirs are not obliged to join the cooperative, because the inherited apartment is no longer the property of the cooperative.

The inheritance issue is somewhat more difficult to resolve if the deceased member of the cooperative has not fully paid him off. In this case, the cooperative will remain the owner of the apartment, and not the apartment itself, but the amount of money that the testator managed to contribute will be considered an inheritance. It is this accumulation in monetary terms that the heirs will receive.

If his family lived with the testator in the cooperative apartment, then family members will be able to stay in it with the obligatory subsequent entry into the cooperative. The heirs receive the amount of the accumulation and become members of the same cooperative.

This is an important condition, since only persons who have joined the cooperative can live in a cooperative apartment. Being part of the cooperative, they undertake the obligation to pay the remaining share contributions with the subsequent acquisition of ownership of the inherited apartment. If the deceased lived alone, then this apartment will remain with the cooperative.

For registration of an inheritance by a notary, a six-month period has been established, which begins from the date of death of the testator. If there is a will, the persons specified in it are called upon to inherit. But at the same time, the notary must ensure that the rights of persons who, due to incapacity for work, have an obligatory share in the inheritance are not violated.

In the absence of a will, the notary determines the circle of heirs according to the law in the established order of priority. If the deceased has not fully paid for the share, then the heirs will receive the amounts of money that the testator managed to contribute to the cooperative. This amount will be divided among all legal heirs if there was no will.

To receive an inheritance, heirs should contact a notary at the location of the cooperative apartment. It does not matter in what order the apartment is inherited: by will or by law. The procedure for registering an inheritance is the same in both cases.

At the notary, each heir personally signs a statement that he wishes to accept the inheritance.

To confirm your rights to inheritance, you should attach the following documents:

• death certificate of the testator;
• a will or documents confirming the fact of family or marital relations;
• title documents for a cooperative apartment,
• receipts or certificates of full payment of the share by the deceased (if the ownership of the deceased was not fully formalized);
• assessment of the cost of the apartment.

This is an approximate list of documents attached to the inheritance file. Depending on the specific situation, the notary may request other documents.

Also, the heirs must pay a fee, after which six months later each of them will receive a certificate of inheritance. At their request, they may be issued one certificate for all heirs.

The size of the state duty paid when registering an inheritance is influenced by two factors: the degree of family relations and the value of the inherited property. Close relatives pay 0.3% of the cost of housing, but not more than one hundred thousand rubles. These include first- and second-stage heirs: parents, children, spouses, siblings.

After receiving a certificate of the right to inheritance, the heirs must register their ownership of the apartment by paying 2,000 rubles (for the entire apartment) or 200 rubles (for a share in the apartment), respectively, as provided for in the Tax Code of the Russian Federation (Article 333. 33).

Features of inheritance of cooperative apartments: conditions and procedure for inheritance of a cooperative apartment, features, necessary documents

Inheritance

Inheritance is a type of legal relationship that is regulated by law. The definition of inheritance is given in Articles 1110 and 1112 of Chapter 61 of the Civil Code of the Russian Federation.

Inheritance is the personal property of a deceased citizen, which becomes the property of his heirs. The testator is a capable, adult citizen who has the right to dispose of property, since he is its owner.

An heir is the person who acts as the recipient of the inheritance on the grounds specified in the legislation.

Two types of inheritance are defined : by law and by will. When inheriting by law, successors are determined by their belonging to one of the queues, and in the case of a testamentary act, the inheritor is already registered in the document.

Features of inheritance of cooperative apartments

According to Federal Law 214 on shared participation in construction, a cooperative apartment is also a real estate property. The difference between such an apartment and a privatized or social one is that a cooperative is initially created, and its members collect money for the construction of living space.

After this, a construction company is hired and carries out the work. Residential premises are divided among shareholders depending on the size of the share. Members of the cooperative can register their rights after the house is put into operation.

The peculiarity of such apartments is that the living space is initially private in nature, and there is no need to privatize it.

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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If a member of the cooperative passes away, then the inheritance of the cooperative apartment occurs only if the entire share for the housing has been paid and the house has been put into operation. The heir receives a certificate of inheritance from a notary and, on its basis, registers ownership of the cooperative housing.

If the deceased did not have time to fully pay off the share for the apartment, then the existing share accumulation becomes part of the inherited estate and is inherited in the general manner. The apartment remains the property of the cooperative, and the heir does not have the right to dispose of it.

If the share was contributed in shares (for example, by spouses), then each share will be inherited separately.

It is necessary to join a cooperative only if the heir has lived and continues to live in a cooperative apartment. If a citizen has inherited an apartment with contributions already paid, then he can register ownership of the housing without this procedure.

The procedure for inheriting a cooperative apartment

In order to register a cooperative apartment by inheritance, the successor of the deceased should follow the steps:

1. Contact the board of the cooperative and obtain a certificate regarding the payment of the deceased's share for the apartment. If the entire share is not paid, then the heir can receive the paid part, and the apartment will remain in the department of the cooperative. If the share is paid in full, then the heir can inherit the apartment and register it as personal property.
2. Visit a notary and apply for acceptance of the inheritance.
3. Obtain a certificate of inheritance.
4. Collect a package of necessary documents, including a certificate of inheritance.
5. Submit documents to the board of the cooperative for re-registration of the owner of the property.
6. Submit documents to Rosreestr to register ownership of the apartment.

As with the general inheritance procedure, registration of the apartment must be completed within six months .

List of documents

To receive a cooperative apartment by inheritance, you will need the following documents:

1. Heir's passport.
2. Agreement on the deceased’s entry into the cooperative (where it is indicated how much the apartment costs, its area and how much must be paid).
3. Certificate from the cooperative confirming full payment of the share for housing.
4. Technical documentation for living space.
5. Death certificate of the owner of the cooperative property.
6. Documents confirming the applicant's relationship with the deceased.
7. Receipt for payment of state duty.

The most popular questions and answers regarding inheritance of a cooperative apartment

Question: Dear experts, please tell me the solution to my problem. The fact is that my father was a member of the cooperative and paid the share for the living space in full, and had no further debts to the cooperative.

Dad died when the house had not yet been put into operation, therefore, the certificate was not issued either. The heirs are: myself, my brother and mother.

Having contacted a notary, we submitted an application to inherit the apartment , but this was refused by the notary.

The lawyer argued his actions by saying that inheritance of a cooperative apartment that has not been registered as property is not carried out, and now we are forced to challenge our rights to inheritance in court. Tell me, is it possible to resolve the issue without a trial, and is the notary’s refusal legal? Julia.

Answers: Hello, Yulia. According to Art. 218 of the Civil Code of the Russian Federation , ownership of the apartment of one of the members of the cooperative arises when the share is paid in full. In your case this has been done and the relevant documents are available. Therefore, you can inherit the apartment in the general manner, and the notary was wrong in sending you to court.

An example of inheriting a cooperative apartment

A resident of Kazan, Irina, received an apartment in a building under construction as a gift from her parents. In order not to disturb her daughter, her mother became a member of the cooperative. Some time later, Irina’s parents died in a car accident.

When the question of inheritance arose, the cooperative offered Irina to return the paid share for the apartment and take the living space for herself.

As it turned out later, they had a new contender, and Irina’s mother did not have time to take possession of the home, since the house was still being completed.

Irina refused and filed a claim in court (about unlawful actions of the cooperative administration). As a result, the court ruled in favor of the girl, since at the time of the death of her parents the share was fully paid.

The court proceeded from the fact that Irina’s mother automatically became the owner of the property, regardless of whether there was a certificate of ownership or not.

Irina, as the only successor, has the right to receive this living space by inheritance.

Conclusion

In conclusion, several conclusions can be formulated:

1. Inheritance is the property of the testator, which is transferred to the heirs in the manner established by the legislation of the Russian Federation.
2. There are two types of inheritance : by will and by law. When inheriting by will, the successor is registered in a special document - a testamentary act, and in the second type, the circle of heirs is determined according to the order of priority established by law.
3. Inheritance of a cooperative apartment differs from the general procedure in that everything depends on the decision of the cooperative and on whether the share for the apartment has been paid in full or not.
4. A cooperative apartment is a property for which shareholders pay money even before its construction begins.
5. In the event of the death of a shareholder, the successors can inherit the apartment (if the share is paid in full) and funds (if the share is paid in part).
6. If members of the shareholder’s family live in the apartment, but the entire amount for the property has not yet been paid, they have the right to inherit the property, subject to their joining the cooperative.
7. If the entire amount for the premises is paid, the heir may not join the cooperative, since he will inherit the apartment, which is the property of the testator.
8. To register ownership of the living space, you must contact a notary and the board of the cooperative. The notary will issue a certificate of inheritance, and the cooperative must provide a certificate of payment of the share for the apartment.
9. Six months are given to register cooperative real estate .
10. In order to inherit such housing, you will need to collect a package of documentation and pay the appropriate state fee.
11. To register ownership of an apartment, you will need to submit documents to Rosreestr.