Inheritance by law of a non-privatized apartment, can it be bequeathed?

Some people still continue to live in apartments that were given to them by the municipality, but are in no hurry to privatize them. Perhaps they do not know that a non-privatized apartment cannot be sold or exchanged.

But what happens to the living space if the owner of the apartment dies? Who will get the apartment after the death of the owner if it was not privatized?

Inheritance of a non-privatized apartment in 2023: who can get it?

Close relatives can inherit such living space according to the law . But for this the following conditions must be met:

• relatives lived with the owner of the apartment, their names appeared in the social tenancy agreement;
• During his lifetime, the tenant began the privatization procedure.

Is it possible to inherit a non-privatized apartment?

Article 1120 of the Civil Code of the Russian Federation states that when drawing up a will, the testator has the right to include in the property estate an apartment that he may purchase in the future. In this case, privatize.

• This means that heirs can inherit a non-privatized apartment if the testator began the privatization procedure during his lifetime, but did not complete it.
• Also, the right to inherit a non-privatized apartment appears to those heirs who lived with the deceased testator and used square meters on a general basis.
• In order to inherit an apartment, they will need to renew the social rental agreement, and subsequently privatize the apartment for themselves

How to re-register an apartment as your own? How to inherit a non-privatized apartment?

1. In order to renew a social tenancy agreement after the death of the previous owner, the new owner needs to contact the Housing Department with an application.
2. The application must contain the signatures of all persons who actually live in a particular apartment.
3. When the contract is renewed with the new owner, he needs to go to the housing office or another management company to make the necessary changes to the documents.
4. To make changes to the documents for an apartment, the interested party must provide the management company with the original social tenancy agreement, an extract from the house register, original passports of all persons living in the apartment, as well as the tenant’s death certificate.

Who does not have rights to a non-privatized apartment after the death of the tenant?

Persons who:

• are not direct heirs of the tenant;
• did not live in the apartment with the testator;
• are the biological parents of the deceased tenant, while such persons were previously deprived of parental rights;
• attempted to commit or committed a deliberate crime against the life or health of the testator or members of his family.

How to enter into inheritance rights for a non-privatized apartment? How to privatize an apartment?

Privatization, that is, becoming the full owner of an apartment after the death of the tenant (according to the social tenancy agreement), is possible on the basis of re-registration of the contract, and not on the right of inheritance.

Only the person who previously lived with the owner of the apartment before his death can re-issue such an agreement.

The laws of the Russian Federation provide for situations in which non-privatized housing cannot be re-registered and transferred into ownership by a person after the death of the apartment tenant.

Thus, an apartment cannot be privatized if it:

• is in an official institution;
• located on the territory of a closed military camp;
• is a dorm room;
• is in disrepair.

If the testator dies without registering the apartment in his name, then it remains the property of the state (city council), with which the person previously entered into a social tenancy agreement.

In this case, a relative of the deceased tenant will not be able to become the owner of the apartment. He can only become her employer.

Is it possible to donate a non-privatized apartment?

No, municipal housing is not subject to donation . A deed of gift can be issued only in one case - if during his lifetime the donor transfers the ownership of the apartment to himself and becomes its owner.

Is it possible to inherit a non-privatized apartment?

An apartment that is owned by the state cannot be inherited on the basis of a certificate of ownership.

If during his lifetime a citizen did not begin to engage in the privatization procedure, then the relatives of the deceased have the right to inherit the apartment in court.

What will happen to family members who live in a non-privatized apartment of a deceased relative?

If the apartment is owned by the state or municipal housing stock, and the tenant has previously signed a social rental agreement, indicating in it his family members who live with him, then after the death of the tenant, his family members have the full right to live in this apartment .

To do this, it is necessary for one of them to renew the contract in his name . After re-registration of the agreement, a person has the right to privatize the apartment, becoming its full owner.

The tenant of a non-privatized apartment has no right to sell, exchange or bequeath it, since the ownership of such property belongs to the state.

Who will get a non-privatized apartment after the death of their parents?

Only the person who privatizes it can become the owner of a municipal apartment . However, if the parents have not done this before their death, then their children, who were registered in the apartment, have the right to re-issue the social tenancy agreement.

The apartment goes to those persons who were registered in it. Often such persons are close relatives of the deceased - their children.

Who will get the non-privatized apartment after the death of her husband?

In fact, none of the relatives can become its full owner . However, after the death of her husband, the wife can re-register the social tenancy agreement in her name.

If she is not registered in this apartment, then priority for renewal of the contract goes to the persons who are registered in the apartment. If there are no such persons, then, at the discretion of the municipality, the wife may be given the opportunity to re-register the contract in her name.

How is an apartment that has not been privatized inherited?

A non-privatized apartment cannot be inherited, since it must first be privatized . Such a right is given to a person not on the basis of inheritance by will or by law, but on the basis of a social tenancy agreement.

Who gets the non-privatized apartment if the deceased was registered alone in it?

• If a person died, and he was registered alone in the apartment, then from the day of his death the apartment will be vacant.
• The municipality (local government) has the right to re-register the apartment to a new hirer by concluding a social rental agreement with him.
• Those persons who need better living conditions have a priority right to receive a municipal apartment for living.
• Local authorities themselves decide who will get the apartment after the death of its owner.

After the death of the owner, does a person who lives but is not registered in it have rights to a non-privatized apartment?

If a person actually lived with the deceased owner of the apartment and continues to live in it, while he himself is registered at a different address, then he needs to apply to the court to establish the fact of residence on the territory of the municipal apartment.

If the apartment was not privatized by the owner before his death, then it is impossible to inherit it, since a non-privatized apartment is the property of the state.

Therefore, even if the relatives of the deceased are registered in such an apartment and actually live in it, then the most they can do is re-issue the social tenancy agreement.

Is it possible to inherit a non-privatized apartment?

The situation sometimes develops in such a way that a person lives with his family in public housing for many years, and eventually dies without having time to properly register it as property. In this case, the real estate is not private property, so inheriting a non-privatized apartment is a complex issue.

It is worth clarifying that any real estate becomes the property of a person only after state registration with the Rosreestr authorities. Since 2017, an extract from the Unified State Register of Real Estate has been issued as proof of ownership.

Is it possible to inherit a non-privatized apartment?

A citizen has the right to dispose of property only if he has the right of ownership to it. When everything is formalized in accordance with the requirements of the law, it is allowed to transfer real estate by inheritance and include it in a will.

If a person has not managed to privatize housing during his life, he cannot dispose of it. This means that the direct heirs of the tenant will face a number of difficulties.

In accordance with Art. 1112 of the Civil Code of the Russian Federation, the estate can only include property that belonged to the testator by right of ownership. A non-privatized apartment cannot be bequeathed or transferred to a successor in any other way, since it is owned by the local administration or the state.

Only relatives of a deceased tenant can apply for such housing. They can retain the right to live in the apartment and even re-register the property as their own.

Are there heirs to a non-privatized apartment?

In a general sense, inheritance of a non-privatized apartment is impossible either by law or by will. There are only two ways to resolve this issue legally:

1. Renewal of a social tenancy agreement for relatives who lived together with the tenant.
2. The end of the privatization procedure begun by the testator.

In the first case, after renewing the social tenancy agreement, relatives will be able to privatize the apartment in their own name. Then they will become full owners of housing, but not by inheritance, but on the basis of privatization.

If a citizen began privatization during his lifetime, but did not have time to receive ready-made documents, there is a possibility that relatives will be able to finish what they started and inherit the apartment. However, in this case it is often necessary to resolve the issue in court.

How does the inheritance of a non-privatized apartment occur?

The application procedure depends on the situation. The algorithm of actions depends on several factors:

• the fact of relatives living together with the testator;
• the presence of an indication of heirs as family members in the social tenancy agreement;
• whether the privatization process was started during the life of the testator.

If the testator began privatization during his lifetime

From the point of view of jurisprudence, the apartment is subject to inclusion in the inheritance estate even in the case where the testator expressed an intention to privatize, but he did not manage to complete the matter.

• submission by a municipal housing tenant of an application for privatization (the review period is two months);
• submission of documents for privatization to the authorized body;
• absence of fact of withdrawal of the submitted application or clear intention to do so later.

Read more: How to change the surname and patronymic of an adult

If the privatization process was started by the testator, his heirs have every right to petition for the inclusion of a municipal apartment in the inheritance estate on a general basis. This right is confirmed by Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8 of August 24, 1993.

In such a situation, there is a very high probability that the current owner of the property (the municipality or the state) will file a lawsuit. In this case, you need to be prepared to document the intention of the deceased relative.

Execution of a social tenancy agreement by a relative

If the deceased tenant of the residential premises did not start the privatization process, relatives still have the opportunity to defend their right to the apartment. This is provided for in housing and civil legislation.

In accordance with Article 69 of the Housing Code of the Russian Federation, a tenant under a social tenancy agreement and members of his family have the same powers and responsibilities in relation to the municipality or the state. If relatives lived together, then after the death of the main tenant they have the right to continue to use the living space (Article 672 of the Civil Code of the Russian Federation).

Moreover, in accordance with legislative norms, this right is granted to relatives on an indefinite basis. Also, this right is reserved for the former spouse of the testator if he/she continues to live in the apartment after the divorce.

After the death of the main employer, changes must be made to the existing social tenancy agreement. The status of the tenant will pass to one of the family members specified in the contract, with the consent of the remaining relatives. In this way, the right of residence will be preserved.

Further, if the tenant has not participated in privatization before, he will be able to submit documents and register the living space as private property. The procedure is carried out free of charge. You will only have to pay the state fee for the transfer of ownership, which is 2,000 rubles.

To privatize, you must contact the municipality or the territorial branch of the MFC.

Inheritance of a municipal apartment in the absence of registration

If the heir did not live with the tenant in a non-privatized apartment, he will not be able to re-register the social tenancy agreement. In this situation, permanent registration (registration) plays a decisive role.

Thus, the apartment will return to the disposal of the legal owner - the municipality or the state. Only family members of the tenant initially specified in the contract have the right to stay and re-register.

If you have any questions or disputes, please seek legal advice. You can get free legal assistance on our website. Ask a question to an expert in a special window.

In matters of registering an inheritance, it is often impossible to do without the qualified assistance of a lawyer. Don't wait for the situation to reach a dead end. Seek professional help as soon as possible.

After the death of a citizen, his property is transferred by inheritance to the ownership of close relatives or other categories of persons if they have a special right, for example, under a will. An apartment, a house or land - all of this is an object of inheritance.

There is a rule in inheritance: the property that has been officially recognized as the property of the testator is subject to transfer in favor of the applicants. This means that the apartment transferred to the relatives of the deceased must belong to him. And who is the heir if the apartment is not privatized?

Apartment as an inheritance: who has the right to enter and how to arrange it

The transfer of any object of the hereditary mass can be carried out by two categories of applicants, the first of which are the legal successors of the deceased. These include all relatives of the giver, who are in one of seven degrees of inheritance. Rights of entry between degrees are transferred on a first-come, first-served basis.

The parents, spouses and children of the giver can be the first to claim the inheritance of the apartment. If they are absent or unwilling to enter into inheritance, the possibility of accepting the property will be transferred to the second priority, which includes the grandparents of the testator, as well as his brothers and sisters.

Instead of the deceased heir, the successors of the deceased may be called upon to inherit in one of the first three orders. The right of representation extends to grandchildren, nephews and cousins.

If there is a will, only the persons named in the will can register ownership of the apartment.

Legitimate claimants can also join them if they are included in the circle of beneficiaries under the will or there is untested property.

Also, legal claimants, in the presence of a will, may be allocated a mandatory share.

You can accept an apartment through a notary. To do this, you should contact the notary office at the place of residence of the testator, write an application and submit a package of documents.

Inheritance of a non-privatized apartment

One of the features that we mentioned above is the hereditary mass. According to Article 1112 of the Civil Code of the Russian Federation, it can only include property in respect of which ownership rights have been established for the testator. How to enter into an inheritance if the apartment is not privatized?

According to the law, unregistered property, including a non-privatized apartment, cannot be inherited. However, state real estate can be transferred to a certain circle of persons not as an inheritance.

What is public housing and what are the features of its design? Apartments that have non-privatized status are the property of the state.

And housing is transferred to citizens living in them on the basis of a social rental agreement.

In fact, this means that a person can live in an apartment and use it at his own discretion, but there is no possibility of selling, renting, or donating.

It happens that a citizen (himself or with his family) lives in a non-privatized apartment and dies without having time to privatize the premises.

The housing and civil legislation of the Russian Federation stipulates the rules for living in non-privatized residential premises and the procedure for transferring rights to it after the death of the tenant to relatives. This article will help you understand the legal intricacies of this complex and controversial issue.

Is it possible to bequeath and transfer a non-privatized apartment?

Real estate only becomes the property of the citizen living in it when he goes through the privatization procedure (transferring municipal or state real estate into private ownership) and registers ownership with the Rosreestr authorities.

What to do if a citizen-tenant died before he could privatize the housing? To regulate such fairly common cases, additional legislative norms are applied that allow relatives to retain the right to use residential premises and even acquire ownership of it. Let's look at them below.

Who is the heir if the apartment is not privatized?

So, if the testator died without privatizing a municipal or state apartment, none of the heirs can lay claim to this property - neither by law nor by will.

What can the tenant's heirs count on? There are two legal ways to resolve a real estate issue:

• If relatives lived with the deceased in a non-privatized apartment, they can renew the social tenancy agreement in their own name and subsequently privatize the apartment. Thus, relatives can become the owner of an apartment not on the basis of inheritance, but on the basis of concluding a social tenancy and privatization agreement. Other heirs who did not live with the deceased do not have such a right and cannot claim residential premises.
• If the procedure for privatizing an apartment was started during his lifetime, but was not completed by the tenant, the heirs can complete the privatization procedure that was started and receive the apartment by inheritance. However, in this case, there is a high probability of a dispute arising between the heirs and the owner of the property (state or municipality), which will have to be resolved in court.

The circle of persons who can become heirs of the apartment if the court rules in their favor is determined on a general basis.

Thus, if the tenant during his lifetime drew up a will, which determined the circle of heirs, the persons mentioned in the will, as well as dependents entitled to an obligatory share (minor children, disabled children, parents, spouse) can file a claim with the court. If the will was not drawn up or was declared invalid, the circle of applicants for the inheritance is determined according to the law - in order of priority.

The order and procedure for receiving a non-privatized apartment as an inheritance

After the death of a person living in a non-privatized apartment, his relatives have two options for acquiring ownership of the residential premises.

The order of actions of relatives depends on whether they lived together with the tenant, whether they were indicated in the social tenancy agreement as family members, and also on whether the privatization procedure was at least started during their lifetime.

Completion of privatization started by the testator during his lifetime

So, according to established legal practice, a sufficient basis for inheriting a non-privatized apartment can be the intention to privatize, which the tenant expressed before death. According to the law, intention is…

• Submission by the tenant of the residential premises of an application for privatization, which is subject to consideration and satisfaction within two months (Article 8 of the Federal Law “On Privatization”) by the authorized body;
• Providing the authorized bodies with a package of documents necessary for privatization of an apartment and registration of ownership;
• Absence of the fact of withdrawal of the application for privatization and registration.

As mentioned above, in such cases there is a high probability of a dispute arising with the state or municipal body that owns the apartment - it will have to be resolved through the court.

Conclusion of a social tenancy agreement by relatives of the deceased

Even if the tenant of the apartment did not apply for privatization during his lifetime, relatives still have the opportunity to continue living in the apartment and even purchase it as property. The basis for this is the provisions of housing and civil legislation.

According to paragraph 2 of Art. 69 of the Housing Code of the Russian Federation, the tenant of an apartment and his family members have equal rights and obligations in relation to the owner of the residential premises (state or municipality). If family members lived in the apartment together with the tenant, then on the basis of Art. 672 of the Civil Code of the Russian Federation, they have the right to live in residential premises even after his death.

Important point! The right to live in an apartment arises only for persons who are members of the family of the deceased, specified in the social tenancy agreement. The right to live in an apartment does not arise on the basis of being a relative (including first-degree heirs).

For example, if a grandmother and granddaughter lived in a non-privatized residential building, then after the death of the grandmother the granddaughter retains the right of residence. But her mother is the daughter of her grandmother, who, although she is a relative and heir of the 1st stage, does not receive such a right, just as she cannot become an heir to non-privatized housing.

What should family members do after the death of the employer?

Consequently, privatization and acquisition of private ownership of an apartment after the death of a relative occurs not on the basis of inheritance, but on the basis of a renegotiated social tenancy agreement.

Inheritance of a non-privatized apartment: who is claiming?

Inheriting property is not an easy process. It has tight deadlines and requires attention to legal subtleties. However, there are situations that can further complicate the task. For example, an important question is: is it possible to inherit a non-privatized apartment?

At the beginning of the 2000s, all citizens of the Russian Federation went through the standard procedure for registering ownership of apartments, houses, and land plots. The process was initially optional, then became mandatory, so all transactions can only be carried out with privatized housing, which is officially legalized by the relevant authorities.

Privatization required the direct participation of the apartment owner; the living space must fully comply with cadastral passports, technical plans, that is, without any redevelopment, which our fellow citizens like to do and do not formalize. That is why there is still non-privatized real estate. Perhaps during life this procedure seemed unnecessary, but after death the heirs of non-privatized housing have to face additional difficulties.

Only direct heirs can inherit a non-privatized apartment. In this case, it is necessary to begin the process of registering full ownership before the death of the testator. By the time the inheritance case is opened, the process should be, if not completed, then at least open.

Is it possible to bequeath a non-privatized apartment?

Non-privatized housing theoretically belongs to property that cannot be bequeathed.

The state privatization process, uniform for all Russians, was not completed, but this fact does not mean that housing is not owned.

Therefore, many who are faced with the problem of non-privatized housing are faced with the question: is it possible to bequeath a non-privatized apartment? A non-privatized apartment belongs primarily to the landlord – the state.

The future owners, of course, remain the primary relatives, but with some amendments:

• A state-owned apartment is transferred exclusively to one heir; non-privatized housing cannot be divided, changed, or split up. Therefore, according to the law, inheritance of a non-privatized apartment can only be carried out by a single heir.
• It is much easier for the heir registered in the apartment to carry out post-privatization. The only registered person receives the right to sign a social tenancy agreement.

Therefore, it is possible to leave a non-privatized apartment to a relative. The only heir in the will can simply not be allocated specific real estate, simply bequeathing all of his property.

The main thing is to start the registration process, then the recipient of the assets will be able to complete the procedure and register it in his/her own name.

You need to start privatizing the inheritance after the death of the testator immediately.

In other words, non-privatized property is transferred to the recipient unambiguously. In this case, non-privatized housing does not go to the state or any other person. The inheritance process is much simpler if the heir can provide evidence of his involvement in the apartment: paid bills, extracts of house books, verification of meters written in his name.

How to inherit an apartment

To inherit a non-privatized apartment without problems, you need to start re-registration from the state to yourself in advance. Of course, when accepting an inheritance by law, this is difficult to do, but if you plan to draw up a will, it is better to start the procedure in advance together with the owner of the property.

• An application for privatization of living space is submitted to the registration chamber. While the apartment is not privatized, its owner is considered a tenant.
• The registration chamber issues a list of documents necessary for the further registration process.
• In order for the process to start, an application must not be written to the registration chamber revoking the process of registering non-privatized property.

Subject to the above conditions, according to the plenum of the Supreme Court number eight of 1993, the heir has the right to non-privatized housing. If the case goes to court, it will be taken into account that the application for official registration was submitted, but simply did not have time to take effect before the death of the testator.

How to enter into an inheritance: attached documents

The process of registering a non-privatized inheritance always involves providing the notary with a certain set of documents. Only a notary can tell you exactly what papers will be needed after studying the inheritance case in detail. If the question is how to enter into an inheritance and receive a non-privatized apartment, an approximate list of documents will be as follows.

• Heir's passport.
• An application that was previously submitted to the registration department (a copy is possible).
• Certificate from BTI.
• Order for housing.
• A lease agreement for non-privatized housing, which is issued in the name of the heir.
• House register certificate with registrations of family members.
• A power of attorney issued by a notary so that a person can act as a representative of the heir in the process of social housing rental.

A complete list of documents is submitted to the registration chamber, where it will be considered whether the heir has the right to non-privatized housing. The documents are thoroughly checked, authenticity is established, after which the registration chamber calls the heir to further formalize the privatization.

Accordingly, only the person who lived together in the apartment can begin registration after the death of the testator. Before completing the necessary documents, you should first draw up a social tenancy agreement in your name.

Thus, the right to the privatized property passes to the legal heir.

After the death of the owner of the apartment, it is necessary to contact the registration chamber in the area in which this living space is located. If the citizen is a close relative who is directly related to this non-privatized living space, there should be no problems with registration after the death of the previous owner.

At the registration chamber, the heir will be asked to fill out an application form. You can come with a completed form; sample applications are available on the Internet. This document contains information about the heir, testator, date of death, description of the property, address of the property.

Registration and privatization of an apartment

If you want to transfer your property to your loved ones, you should take care of timely privatization in advance. Registration of real estate ownership - privatization - is the transfer of rights to certain property from the state to the citizen.

There are, of course, situations when the testator cannot, for certain reasons, undergo legal re-registration during his lifetime, which can greatly complicate the life of the heirs, who, in addition to other inheritance issues, will have to figure out how to inherit a non-privatized apartment. Thus, being only the tenant of the property, the testator cannot transfer it to his relatives, however, if the registration has been started, this greatly simplifies the matter. However, it is important to know that there is a list of housing that is not subject to privatization.

• If the living quarters were located in a service building. For example, some processors are given apartments in campus buildings that are an integral part of the university.
• The state, as a rule, provides military personnel with housing. However, apartments that are part of military camp complexes are not subject to privatization.
• Rooms in dormitories, even if the room is purchased and not provided for temporary use.
• Emergency apartments.

An important aspect of inheriting a non-privatized apartment is characterized not by the legal way of transferring the home by inheritance, but by drawing up a social tenancy agreement.

The former owner of a non-privatized apartment lived under a social tenancy agreement; if the privatization process was not launched, the heir, accordingly, also re-registers the housing in his own name through a social tenancy agreement.

If a relative has nothing to do with housing, he will not be able to get a non-privatized apartment.

Where to go

The main transactions related to the registration of non-privatized inheritance take place with the direct participation of a notary.

Of course, the case of inheriting non-privatized residential property will not be an exception.

However, before delving into working with a notary’s office, you will have to submit documents to the property registration authorities. The registration chamber is precisely such an authority.

According to paragraph one of Article 1154 of the Civil Code, after submitting a complete package of papers about a non-privatized object to the registration chamber, reviewing the documents, recognizing all as valid, the closest relative himself can begin to play the role of an employer instead of a testator.

He will have this status until he completes the procedure for transferring ownership. As a rule, it is much easier to privatize an apartment after the death of the owner for those relatives who actually lived with the former owner.

If the registration chamber refuses to give the go-ahead for privatization, and the case takes a judicial turn, you can always provide witnesses who will prove the fact of cohabitation, therefore, the moral right to own residential property.

Required documents

The papers that need to be submitted to the Registration Chamber for consideration are listed above. However, as noted earlier, only immediate relatives can inherit a non-privatized apartment. Therefore, in order to substantiate your claims, you will have to provide documents confirming direct kinship, as well as indicating the citizen’s relationship to the property.

• Statements about family composition. This document can be obtained from the registry office at the place of registration.
• If the testator was the parent of the heir, his passport may contain a note about the children. Such marks were placed at the beginning of the 2000s, which was very helpful when traveling with children, especially abroad. If this mark is available, you must obtain a notarized copy of the passport, including this page.
• Extracts from house books show ownership directly to the property. The house register is one of the mandatory documents proving the right to inherit residential property.

These documents are provided either to a notary, who will help compile all the data and correctly submit it to the registration chamber, or are registered by the citizen independently.

Terms of registration of privatization

Privatization, of course, is an additional legal process that takes some time. However, it is quite possible to start privatization within the six-month deadline for re-registration of the inheritance.

Inheritance of non-privatized housing refers to the third, sometimes even fourth degree of complexity in conducting inheritance cases. That is why the process must begin immediately after the date of potential opening of the inheritance.

When the design was launched under the former owner, there is a much greater chance of meeting existing standards. If privatization took too much time, the six-month period can be extended through the court.

Is it possible to issue a deed of gift for an apartment?

The process of donation and the process of inheritance are somewhat similar, but there is one significant difference - it is definitely impossible to issue a deed of gift for a non-privatized apartment. Only officially registered property can become the object of a gift. Even if a relative lives together with the donor, it will be absolutely impossible to carry out the privatization process after his death.

Inheritance of a non-privatized apartment - by law and by will

However, if certain conditions are met, heirs can present their rights to non-privatized housing.

Features of inheriting a municipal apartment

If the living space is owned by local authorities, then it can be transferred to individuals on the basis of a social tenancy agreement.

Residents do not acquire ownership of the apartment, but can only live in it on a permanent basis.

Accordingly, it is problematic to inherit such housing. After the death of the employer, several scenarios are possible:

• housing is transferred to the balance of the municipality, provided that the deceased was the only tenant, and other persons did not receive the right to permanent residence in the apartment;
• if relatives of the deceased or other persons received the right to permanent use of living space, then the social tenancy agreement must be reissued to the new tenant;
• if the original employer during his lifetime filed an application for privatization of housing, then it can act as an object of inheritance. In this case, an extract from the Unified State Register will be issued to the heir under the will after all the necessary procedures for accepting the inheritance have been carried out.

If the testator did not manage to complete the privatization process during his lifetime, then his heirs must go to court to exercise their rights to the property.

A statement of claim is filed to recognize the right to own the apartment and distribute property according to the law between the relatives of the testator.

The first to claim the inheritance are the children, parents and spouse of the deceased. This list of heirs can be changed if there is a will. The testator has the right to independently decide to whom and in what proportions to transfer his property.

When a positive court decision is made, the list of persons entitled to apply for an apartment is established on general terms.

If there is a will that lists possible heirs, then they can file a claim in court.

Children under the age of majority, disabled parents, spouses and children of the deceased have a similar right. In the absence of a will, inheritance occurs in the order established by law.

The municipality provides a document confirming the death of the previous tenant, and the documents are issued in the name of the new tenant.

If the deceased citizen did not take measures to privatize the housing, then his relatives can prove their right to the apartment. This possibility is spelled out in the Housing and Civil Codes of the Russian Federation.

According to Art. 69 of the Housing Code of the Russian Federation, the tenant of municipal housing and members of his family have equal powers and obligations. If they lived together, then after the death of the main tenant they retain the right to use the housing on an indefinite basis. This also applies to former spouses if they did not change their place of residence after the divorce.

The following cannot be privatized and passed on by inheritance:

• housing in houses recognized as unsafe;
• service apartments;
• dorm rooms;
• living space in closed towns.

It is possible to privatize municipal housing left by the deceased on the basis of a social tenancy agreement , and not by right of inheritance.

A citizen who lives with the previous employer until his death can continue the social tenancy agreement. Subsequently, he will be able to privatize the living space in his name. Other heirs are not granted this right.

Completion of privatization

A compelling reason for transferring a non-privatized apartment by inheritance will be the intention of the deceased citizen to privatize the property.

The legislation considers the following actions to be such an intention:

• submitting a corresponding application to the authorized bodies. Applications are processed for about 2 months;
• collection and provision of documents necessary for privatization;

the fact of withdrawal of the application was not recorded.

If these conditions are met, the heirs of the deceased may demand the inclusion of non-privatized living space in the inheritance estate.

Before submitting documents for privatization, it is necessary to re-register the social tenancy agreement.

The real estate registration procedure involves several stages:

1. contacting the registration authorities at the location of the apartment. Here you fill out an application and submit a set of documents proving the person’s right to non-privatized housing;
2. collection of necessary documentation;
3. review of documents and privatization of real estate.

The heir must submit the following documents:

• identification;
• a completed application form for the registration department;
• cadastral and technical passport for the property in question;
• consent to privatization of the heir's husband or wife;
• document confirming the death of the testator;
• certificate of the cost of the apartment after the assessment procedure;
• receipt of payment of the duty fee.

Submitted documents are checked by specialists of the registration authority. If they are completed in accordance with the requirements of the law, then the applicant is issued a document stating that the housing has been privatized. From this moment on, the heir becomes the owner of the apartment.

If privatization is refused, the heir has the right to go to court. Judicial practice shows that often the decision is made in favor of the plaintiff.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, contact specialists through the online form .

Is it possible to make a will for a non-privatized apartment?

When making a will, the testator can indicate all the property. The main requirement is the legal capacity of the testator at the time of signing the document.

A citizen can bequeath non-privatized housing if the privatization process has not yet been completed, but the necessary documents have already been submitted.

Subsequently, the heir himself will be able to complete the process and receive documents in his name.

To exercise their inheritance rights, citizens must contact a notary office. If ownership of the residential premises has not been formalized, then the heirs will not be able to obtain a certificate of inheritance.

It is necessary to contact a notary as early as possible so as not to miss the deadline established by law - 6 months from the date of death of the citizen. The statement of claim is submitted to the court simultaneously.

Non-privatized real estate may not be the only object of inheritance. The purpose of the claim will be to include non-privatized living space in the inheritance estate.

If the applicant presents significant evidence, the court may grant the request to inherit non-privatized housing. If at the time of the court’s decision less than six months have passed since the date of death, then the court will include such real estate as part of the inheritance. If the period has expired, then the heir's right of ownership is recognized.

The most common disputes in court:

• restoration of the deadline for filing an application with a notary;
• inclusion or exclusion of a property from the inheritance;
• questions regarding the recognition of family ties with the deceased for the transfer of an apartment by law or as a mandatory share of the inheritance;
• exclusion of unworthy heirs from the list of applicants for living space.

Based on the court ruling, a corresponding entry is made in Rosreestr. Since the resolution itself is not a document of title to the apartment.

• When transferring an inheritance without a will, the rights of the legal successors apply exclusively to the living space, the privatization of which has not yet been formalized, but in the future the heirs can complete this process.
• In other cases, non-privatized real estate cannot be inherited.
• Relatives who have a permanent place of residence separate from the employer cannot re-register his social tenancy agreement in their name.

This also applies to first-degree heirs - husband, wife, parents and children. If the deceased lived alone in the apartment, and no other persons appear in the rental document, then such housing is not subject to inheritance. The contract is terminated due to the death of the tenant, and the apartment returns to the ownership of local authorities.

Inheritance of a non-privatized apartment - who is the heir?

The inheritance of a non-privatized apartment is a procedure with many nuances. Only the category of heirs established by law can receive such property.

All rules of procedure, as well as the list of persons applying for real estate, are prescribed in the Civil Code. That is, inheritance of a non-privatized apartment by law must have legal grounds. Without them, the transaction cannot be carried out.

Before contacting a notary, heirs need to study all the nuances in order to know exactly the list of their rights.

Grounds for inheriting non-privatized housing after death

If the apartment is not privatized, who is the heir? Only persons who are relatives of the testator can obtain rights to real estate. They are considered direct heirs. The procedure can only be carried out legally.

The Civil Code states that a direct heir can take part in the privatization of housing for its subsequent transfer in the inheritance line. However, the matter is complicated by the fact that a number of actions are necessary before the death of the testator:

• An application for privatization is submitted to the registration authority. Step-by-step instructions for privatizing an apartment are here.
• The testator submits all required documents for registration.

The event cannot be held if the registration authority has an application to revoke privatization. That is, you can apply for real estate for which an incomplete privatization procedure has been undertaken. A situation is assumed in which the testator planned to register ownership of the property, but did not have time to complete this process due to his death.

How to inherit a non-privatized apartment? To do this you need to be a direct heir. The testator must take care of the rest in advance. It is he who can submit all the necessary documents for registering property.

A direct heir can inherit a non-privatized apartment.

What does the heir need to do to inherit the property?

According to Article 672 of the Civil Code, after the death of the testator, the heirs can remain in housing that has not been registered as property, if they previously lived in it. Citizens also retain the right to rent real estate.

To get it, you need to go to the housing fund. This is the first step towards privatization. Once the contract has been drawn up, which allows you to legally reside in the apartment, you can submit documents to register the property.

Who cannot inherit and which apartments cannot be privatized and inherited?

If the apartment is not privatized, who has the right to inheritance after death? Here you need to take into account some nuances. Real estate is registered not on the basis of a certificate of inheritance rights, but on the basis of a social tenancy document. However, only a person who lived in this housing with the owner before his death can receive it.

That is, it is possible to inherit a non-privatized apartment, but this is allowed only in case of direct inheritance and when living with the testator. Without the latter circumstance, it will not be possible to obtain a social tenancy agreement. Without this paper, privatization in the future is impossible.

Not all apartments can be obtained into private ownership.

In particular, the following real estate is excluded:

• State apartment;
• Premises in a service organization;
• Real estate in military camps;
• Dorm rooms;
• Housing is in disrepair.

It is recommended to talk with a lawyer about the possibility of privatization, since the event has many nuances. In what cases is forced privatization of an apartment through the court likely, read here.

Why do heirs need to privatize an apartment?

Essentially, if the testator dies and the property is not registered, it will belong to the state. The heirs will not be the owner of the object. They can only be considered employers. Without this procedure, no action with housing is possible. There will be hiccups when re-registering the apartment in your name.

Is it possible to bequeath a state-owned apartment?

Is it possible to bequeath a non-privatized apartment? The testator has the right to dispose of non-privatized objects at his own discretion. He can indicate them in the will. The procedure for registering a will can be studied in another article. After the death of the testator, the objects must be transferred to his heirs.

If, during the life of the testator, the privatization process was started, it can be completed by the person who received the property rights. That is, the person making the will is given an extensive list of rights. In this case, it will no longer be possible to issue a deed of gift. It is drawn up only in relation to objects officially belonging to the will.

Cases when an apartment is transferred to the state

In some cases, the heirs will not have any rights to the property. This is possible under the following circumstances:

• The testator was in housing on the basis of social rent, and he lived alone. The employment agreement specifies one person;
• A will was not drawn up.

In these conditions, immediately after the death of a citizen, the rental agreement is considered terminated. Property passes to the state. The heirs lose all rights to it.

Rights of relatives of the testator

If the apartment is not privatized, how to inherit? Only relatives living with the testator will be able to receive the property. They are included in the social tenancy agreement, and therefore have the following rights:

• The right to house other persons. The procedure is carried out according to the rules prescribed in Article 69 of the LC;
• Privatization of housing based on a rental agreement.

A non-privatized apartment is inherited, but the re-registration of such housing is not carried out on the basis of the rights of the heir. The main role is played by the social tenancy agreement. If relatives are listed in it, they can continue to use the housing and even register it as their property.

Citizens receive equal rights. That is, they can carry out the procedure for free, like other employers. Any manipulations with such real estate will be complex and problematic. It is advisable for the testator to take care in advance of transferring the property into his possession. In this case, among other things, he gets the opportunity to draw up a deed of gift.