Sale of an apartment received by inheritance

After receiving an inheritance, the acquirers are often tempted to immediately sell the received property, among which apartments, houses and land plots are by far the most expensive. The sale of inherited real estate (or its share) is no different from transactions with any other object.

Alienation is possible subject to certain conditions. The sale is subject to personal income tax if the inherited premises were owned by the owner for less than a certain period (3 or 5 years), called the minimum tenure period (MVT).

The minimum period of ownership is specified depending on the date of origin of ownership and the degree of relationship of the acquirer to the former owner.

In the article we will discuss:

• conditions under which it is possible to sell an apartment after inheritance;
• when can you sell real estate received under a will;
• how to pay tax when selling an apartment after inheriting.

Selling an apartment after inheriting in 2023

First, briefly about how you can acquire property as an inheritance.

There are three ways to accept an inheritance:

• property passes to the heir (heirs) according to the will;
• the testator expresses his will through an inheritance agreement concluded between him and each of the successors (this method of acceptance began on June 1, 2023);
• Inheritance in the absence of a will or inheritance agreement is carried out according to the law in order of priority (Articles 1142 - 1145, Article 1148 of the Civil Code of the Russian Federation).

Conditions for the sale of an inherited apartment

The main conditions that the alienated immovable object must meet:

• belonging to the seller by right of ownership as a result of privatization or registration of transfer of rights in the Unified State Register of Real Estate;
• absence of encumbrance (real estate should not be pledged to a creditor or under arrest);
• obtaining consent from other owners who own objects jointly;
• accounting for the preemptive right of purchase of shared owners.

Procedure for the heir before the sale

The first action that the successor must take is to enter into inheritance.

How to enter into inheritance

Acceptance of an inheritance is understood not as the fact of the proclamation of a will (agreement), nor the involvement of heirs by law by a notary.

Acceptance of an inheritance is the registration in notarial form of a certificate of inheritance. But even if the certificate has not been issued, and the heir has already assumed his rights as an owner (moved into the home, began paying bills, started repairs, etc.), then these actions are also regarded as acceptance of the inheritance.

When can you sell an inherited apartment?

It is impossible to sell a home immediately after accepting an inheritance if the owner’s rights have not been registered. Therefore, the heir’s second step is to visit Rosreestr. You must arrive there with the following documents:

• certificate of heir's rights;
• title documents for real estate issued in the name of the testator (owner’s certificate or extract from the Unified State Register of Real Estate);
• documents confirming the identity of the heir.

Attention! Actual acceptance of inheritance is not sufficient to register ownership of real estate. The only document of title is the certificate of inheritance.

How is the sale of inherited property carried out?

The third step is the actual sale of the apartment itself. The title document in this transaction is the purchase and sale agreement (SPA). It does not have to be concluded with a notary; a simple written form is sufficient. The contract price always indicates the negotiated price. After all, the amount of tax will depend on the cost of the apartment.

Registration of the agreement after March 1, 2013 is not required. But the transfer of ownership from the heir to the buyer must be registered in the Unified State Register of Real Estate.

• Before registration, applications from both parties and a receipt for payment of the fee are submitted (RUB 2,000 for individuals).
• The interests of the parties may be represented by trustees.
• Evasion of registration or its delay after signing the agreement are fraught with the initiation of enforcement proceedings to force registration and compensation for losses to the injured party.

Read more about the purchase and sale agreement

Rights of minor heirs

Minor heirs can sell the property they inherited only with the consent of the guardianship and trusteeship authorities, with the participation of parents, guardians, and adoptive parents

• If the child is not yet 14, the guardian or parent fully represents his interests both during the registration of property rights and its transfer to another person.
• If the heir is between 14 and 18 years old, he has the right to participate in the transaction himself, with the consent of the parent/guardian expressed in writing.
• An emancipated teenager (working, early marriage), starting from the age of 16, can be recognized as legally competent by the judicial and guardianship authorities. In this case, he has the right to independently dispose of his inheritance.

There are two parties involved in a purchase and sale transaction. However, third parties can directly influence her fate. Let's look at a few examples.

Sale of common property of spouses

If the apartment was bequeathed to a married couple, then upon inheritance it is considered their common joint property, regardless of which of the spouses the ownership is registered with. The sale of such an object by one of the marriage partners can only be carried out with the consent of the other, expressed in notarial form.

Example : Evdokimenko made a will in which he bequeathed his apartment to his son and his wife. After the death of his father, his son registered the housing in his name in 2015. In 2018, he divorced his wife and decided to sell the apartment. However, the Unified State Register of Real Estate recognized the purchase and sale agreement as void, since it was concluded without the consent of the ex-wife. She was also the legal heir to:

• her name was on the inheritance certificate;
• the apartment was inherited by both spouses during the marriage, that is, it can be considered jointly acquired property.

Selling an apartment with a registered minor

If a minor is registered in the living space, then such housing cannot be sold without the consent of the guardianship authorities. It is necessary to discharge the child and provide him with housing that meets his criteria.

Example : Savchenko bequeathed an apartment to her only son L. After her death, L. got married, and soon a daughter was born into the family. In 2016, the couple divorced. The ex-wife and her minor daughter moved into rented housing. Soon L. decided to sell the property, but ran into a problem. The guardianship authorities refused to consent to the discharge of their daughter due to the following reasons:

1. the rental agreement provided only temporary registration for the child and his mother for a period of one year;
2. The living conditions in the rented premises were significantly inferior to the living conditions of the child in the old place.

The right to use the premises upon sale

A will in favor of the sole heir does not deprive other persons of the right to use residential premises (RP). If, according to the law, people who have the right to this live in the inherited apartment, they will not lose it, even if the apartment is sold.

Examples could be:

• residence in the apartment of a person in accordance with a testamentary refusal (a condition for the execution of the will of the deceased, indicated by him in the will or inheritance agreement);
• use of residential premises by members of the heir's family.

Thus, other persons using the premises (not the owners) create an actual obstacle to the sale.

Preemptive right of shareholders

This is the most common form of inheritance encumbrance. The testator, in order not to offend anyone, often bequeaths his home to several heirs (usually children and spouse). By entering into an inheritance, they involuntarily become shared owners, which is registered and sold under a number of conditions.

To sell your share, you must:

• make a division of the indivisible (allocate your share in kind by exchanging living space, or receive monetary compensation instead);
• register your share in the Unified State Register of Real Estate;
• notify other heirs of the sale (when it is planned and at what price);
• wait a month to see if the heirs exercise their pre-emptive right to purchase, according to Art. 250 Civil Code of the Russian Federation);
• After a month, you can freely sell your share to anyone.

Tax benefits when selling an inherited apartment

Have you inherited an apartment? Don't rush to sell it right away! There is a chance to save on tax, which is 13% of the sale price of the property. And this is a considerable amount: for example, for an apartment worth 3 million rubles. Personal income tax will be 390 thousand rubles.

If the sale needs to be carried out urgently, a tax resident can exercise his right to a property deduction.

Property deduction for tax residents

For those who regularly fill out a tax return every year, there is a relief in the form of a property deduction - an amount deducted from the cost of housing. In 2023, the property deduction upon sale is equal to 1 million rubles.

For example: Sergienko inherited an apartment from his father. He decided to sell the property immediately after registering the rights in order to pay off the mortgage. Sergienko was a taxpayer, so he indicated in his declaration income from the sale in the amount of 3 million rubles. and property deduction of 1 million rubles. The tax base was an amount of 2 million rubles. Sales tax amounted to 260 thousand rubles.

Thus, the tax deduction allowed saving 130 thousand rubles.

Full tax exemption

Sales tax will not be withheld if the inherited apartment was registered as a property before January 1, 2016 and has been purchased for at least three years. This rule applies only to residents of the Russian Federation.

At the end of 2015, the tax rules for the sale of property were adjusted, and in the latest edition in 2023 they relate to:

• to residents of the Russian Federation who registered inherited real estate after January 1, 2016;
• to all heirs, foreigners, non-residents of the Russian Federation (regardless of the date of acquisition of the object).

The above persons should know:

Tax legislation in paragraph 17.1 of Art. 217 exempts income from the sale of an apartment received as an inheritance, subject to one of the following conditions of Part 3 of Art. 217.1:

• the housing was inherited from a close (as defined by the RF IC) relative and is in the possession of the heir for at least three years;
• the apartment was inherited from a distant relative or stranger, and the successor has owned it for at least 5 years;
• the heir inherited the non-privatized apartment and completed the privatization process started by the testator.

Important! The minimum period of ownership of an apartment is counted not from the date of issue of the certificate of inheritance, but from the date of registration of the transfer of ownership rights from the testator to the heir.

• Therefore, it is advisable not to delay registration in the Unified State Register and carry it out immediately after accepting the inheritance.
• You can read more about the sales tax taking into account the minimum ownership period here.

conclusions

• The sale of an apartment after inheritance must take into account the rights of other persons registered in the premises and using them in accordance with the law.
• Age and legal capacity can affect the specifics of the transaction, complicating it and requiring the presence of parents, guardians and the intervention of guardianship authorities.
• It is more practical to start selling inherited property after the minimum period of ownership has expired, as this will lead to the abolition of the sales tax.

Sale of an apartment received by inheritance

You can sell an apartment passed by inheritance immediately after receiving a certificate of ownership - otherwise such a transaction will be considered invalid. To do this, you need to contact Rosreestr with a certificate of inheritance rights , as well as the following documents:

• application for registration of property rights (to be filled out in Rosreestr when submitting documents);
• identification document of the heir (passport);
• cadastral passport for the apartment;
• receipt of payment of the state registration fee in the amount of 2000 rubles.

When you inherit an apartment and register it with Rosreestr for the transfer of ownership, its subsequent alienation will not differ in any way from a regular transaction for the sale of housing. However, if a minor child , then it will be necessary to obtain permission from the guardianship authorities.

Tax in 2023 on the sale of an inherited apartment

In general, the sale of an apartment received by inheritance and a similar transaction in the event of its acquisition in another way in accordance with the Civil Code of the Russian Federation (privatization, donation, etc.) have no differences. Therefore, income tax when selling an inherited apartment is paid according to the general principles of taxation of individuals.

But a number of features should also be taken into account:

• If the apartment was owned by the heir for more than three years (if receiving an inheritance starting from 2016 - five years ), then no tax will be charged on the sale (Article 220 of the Tax Code of the Russian Federation).
• This period begins to be calculated not from the moment of state registration or actual acceptance, but from the date of death of the testator (opening of the inheritance).

Since January 1, 2016, there have been significant changes to tax rules. Currently, personal income tax, still 13%, is levied on the sale of real estate owned for less than 5 years .

These changes did not affect real estate acquired in the following order:

• privatization;
• inheritance or gift by a family member or close relative;
• lifelong maintenance agreement with dependents

These changes do not have retroactive effect , that is, they only apply to transactions made after January 1, 2016!

If the period is less than 3 years after inheritance

Often the heir has a desire to sell the received apartment as soon as possible. However, if the apartment is sold before the expiration of three years, then such a transaction is subject to taxation. In this case, after completing the transaction, it is necessary to submit a 3-NDFL declaration to the tax office.

In paragraph 2 of Art. 220 of the Tax Code of the Russian Federation stipulates that:

• in such cases, tax is paid on an amount exceeding 1 million rubles (in fact, the seller is provided with a property deduction in the amount of 1 million rubles);
• the tax rate for sold property is equal to the usual income tax and amounts to:
  • for citizens of the Russian Federation - 13%;
  • for foreign citizens - 30%.

For example, having sold an apartment for 1.8 million rubles, tax is levied on an amount equal to 800 thousand rubles. For citizens of the Russian Federation, in this case, the amount paid to the tax office will be only 104 thousand rubles.

It should also be taken into account that tax deductions for the sale of real estate are allowed only once .

How to sell without paying taxes

Income tax on the sale of an inherited apartment is not charged if the following conditions are met:

• if the apartment has been owned by the seller for more than three years ;
• if the sale was made for an amount less than 1 million rubles (usually true in the case of the sale of a room or share in a residential premises).

However, there is a category of persons who have tax benefits . These include:

• disabled people of 1st and 2nd groups;
• disabled children;
• pensioners.

To be exempt from paying tax, you must contact the tax office with an application and documents confirming your relationship to one of the specified categories of citizens.

Sale of a share in property by one of the heirs

When selling a share in an apartment, it is important to take into account the right of first refusal : owners of shares in the ownership of common property have a preferential right to buy the share sold by one of the heirs at its stated price, as well as other equal conditions (clause 1 of Article 250 of the Civil Code of the Russian Federation).

1. To do this, you first need to notify in writing all participants in the common shared ownership of your desire to sell the part of the inherited apartment, indicating the price and other conditions of sale.
2. The refusal of all co-owners is recorded in writing .
3. If, within a month from the date of receipt of the notice of sale, the participants in shared ownership have not confirmed their desire to purchase the share being sold, the refusal is automatically accepted .

a claim with the court within up to three months to transfer the rights to purchase housing to him.

According to deputies, such a measure will reduce the frequency of family disputes around inherited property and reduce the risks of fraud in situations where one of the heirs creates conditions unsuitable for other owners to live in in order to become the sole owner of residential premises.

Procedure for selling an apartment

Before selling an apartment acquired by inheritance, according to the civil legislation of the Russian Federation, the future seller must first undergo state registration of ownership (Art.

131 of the Civil Code of the Russian Federation) on the basis of an already received certificate of inheritance.

After receiving a certificate of ownership of the apartment from the registration chamber, you can begin searching for a buyer and completing a transaction under a sales contract.

To sell an inherited apartment, you must collect the following list of documents:

• contract of sale of an apartment;
• passports of persons participating in the transaction;
• certificate of inheritance;
• documents from Rosreestr:
  • certificate of state registration of property rights;
  • an extract from the Unified State Register confirming the absence of arrests or encumbrances on the apartment;
• cadastral passport, apartment plan (to be ordered from the BTI);
• a certificate from the housing department confirming that there are no debts on utility bills;
• an extract from the house register (about the absence of registered persons in the apartment).

The consent of the spouse is not required in this case, since any property received by inheritance is not the joint property of the spouses.

Before completing a transaction, the future buyer of such real estate should find out from the seller whether there are other possible contenders for a share of the inherited property. If such persons are found, it is advisable to obtain from them an official waiver of rights to inheritance before the sale or purchase.

Contract of sale

In order to sell an apartment after inheritance, a purchase and sale agreement in simple written form between the seller and the buyer.

• In this case, it is recommended to indicate in the text of the contract the full market value of the apartment , including the previously paid deposit (if any). This is important due to the fact that if a controversial situation arises during the trial, the buyer will be able to claim only the amount that was specified in the purchase and sale agreement, and not some “actually paid” amount, the amount of which has yet to be proven in a court.
• Often, in order to avoid the need to pay income tax or reduce its amount when selling an apartment that has been owned for less than 3 years, at the initiative of the seller, the cost of housing under the purchase and sale agreement is indicated understated up to an amount of 1 million rubles (when income tax can be paid). don't pay at all).

In order to increase tax collections from January 1, 2016, for real estate transactions at a price significantly different from its market price, the tax payable will be calculated not from the price specified in the purchase and sale agreement, but based on the cadastral the cost of the apartment (close to the market price), multiplied by a reduction factor of 0.7. Read more…

Mandatory elements of the above agreement are:

• information about the parties to the transaction;
• cost of the apartment;
• information about the apartment (address, technical information corresponding to the cadastral passport);
• term and method of transfer of money.

After discussing all the conditions and resolving controversial issues, the contract is signed by both parties, and the transaction will be subject to state registration, being considered concluded from that moment.

Registration of the transaction in Rosreestr

After signing the purchase and sale agreement, it is mandatory to submit an application to Rosreestr for state registration of the transaction. It can be submitted in person, sent by mail, through a lawyer, or through a multifunctional center (MFC).

In addition to the application to Rosreestr, the following are provided:

• passport of the seller and buyer;
• purchase and sale agreement and signed act of acceptance and transfer of the apartment;
• receipt of payment of state duty by the buyer in the amount of 2000 rubles .

State registration is carried out within 10 working days from the date of receipt of the application and the required documents (clause 3 of Article 13 of Federal Law No. 122-FZ of July 21, 1997). In some cases, registration may be suspended or cancelled.

The nuances of selling an apartment received by inheritance and owned for less than 3 years

Having received an apartment as an inheritance, a person has the right to do whatever he wants with it: rent it out, exchange it, sell it.

He acquired full private ownership rights to the property. But it's not that simple.

• To prevent the transaction from turning into trouble, you should know the nuances of registration and the rules for selling inherited real estate.
• From this article you will learn whether it is possible to immediately sell an apartment after inheriting and what conditions are necessary for this?
• And also, what are the nuances of selling an apartment received by inheritance and owned by the new owner for less than 3 years?

When can you sell an apartment received as an inheritance?

The most frequently asked question from a notary: “I inherited an apartment, when can I sell it?” Indeed, when can you sell an apartment after inheriting?

According to the law of the Russian Federation (Civil Code Article 1111), a citizen becomes the owner of inherited housing from the moment of the death of the former owner of the apartment (testator).

Civil Code of the Russian Federation Article 1111. Grounds for inheritance

1. Inheritance is carried out by will and by law.
2. Inheritance by law takes place when and insofar as it is not changed by a will, as well as in other cases established by this Code.

Even if the heir has not yet completed the inheritance and has not registered his rights to own the property, in any case he becomes the owner.

But in fact, the heir enters into full rights of ownership of the housing and can dispose of the received property only from the moment of legal registration of the owner’s title.

Only then does a citizen have the right to sell the acquired living space and look for buyers. This document (certificate of ownership) is issued by Rosreestr.

Typically, the entire procedure for registering inherited real estate takes an average of 6 months.

So, how long after entering into an inheritance can you sell an apartment? For another three subsequent years (and if the apartment was inherited from January 2016 - five years) from the date of registration of rights to the inherited apartment, the property of the inherited person is contestable.

This time is given for the possible appearance of other heirs with more significant claims to the apartment and with a desire to challenge the inheritance.

IMPORTANT! The three-year (or five-year) countdown begins from the moment when a new person applying for living space learned of a violation of his own rights (Civil Code of the Russian Federation, Article 200, paragraph 1).

Civil Code of the Russian Federation Article 200. Beginning of the limitation period

1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

This period can be extended or shortened (it all depends on the specific situation). Thus, if you received an apartment by inheritance, then selling it before 3 years is extremely difficult. But it is possible.

The question of whether it is possible to sell an apartment received as an inheritance less than 3 years ago has been sorted out. Let's talk about how to do this.

Early sale

The sale of an apartment after inheritance that has been owned for less than 3 years is permitted by law.

But then the lucky seller-heir will need to pay income tax after a successful transaction.

ATTENTION! According to new changes in the legislation of the Russian Federation, from January 1, 2016, you will have to pay a tax amounting to 13% of the transaction amount if you sell living space before the expiration of the property ownership period of 5 years (after the heir receives the right of legal ownership).

But if the new owner sells the received apartment after the end of the officially established period, he will be exempt from paying tax (Tax Code of the Russian Federation, Article 217, clause 17.1).

Tax Code of the Russian Federation Article 217. Income not subject to taxation (exempt from taxation)

17.1) income received by individuals who are tax residents of the Russian Federation for the corresponding tax period:

• from the sale of real estate objects, as well as shares in the said property, taking into account the specifics established by Article 217.1 of this Code;
• from the sale of other property that was owned by the taxpayer for three years or more.

The provisions of this paragraph do not apply to income received by individuals from the sale of securities, as well as to income received by individuals from the sale of property directly used in business activities.

ADVICE. Before selling an apartment by inheritance less than 3 years of ownership and paying tax, be sure to make sure that there are no other heirs (or arm yourself with consent from such persons to the transaction and a promise not to lay claim to the property).

Also check the living space for “cleanliness” in terms of credit, collateral and other financial obligations, so that the sale of an apartment received by inheritance less than 3 years ago does not lead to many other legal problems.

Avoiding pitfalls

So, in order to quickly sell the inherited living space, you should register full ownership of the property as soon as possible.

Action plan:

We go to the notary. After taking ownership of the inherited apartment (from the time of the death of the testator), you must come to the notary's office to obtain a certificate of ownership of real estate.

The notary will require the following package of documents:

1. Death certificate (original and photocopy of the document). They receive it at the registry office upon presentation of a death certificate and a medical report.
2. The will of the inherited person confirming the rights to real estate.
3. An application that is drawn up at the time of contacting a notary on the spot. This document allows you to legitimize official rights to inherited living space.
4. A document confirming the last registered place of residence of the deceased. The certificate is issued by the housing department or management company.
5. Certificate of deregistration of the former owner of the property. They issue it at the passport office. The notary does not always require this document, but you should get it just in case.
6. A document confirming the presence of family ties between the heir and the deceased person (marriage certificate, birth certificate).
7. Will (if you have one).

If you don’t have time to collect documents and go to the notary’s office, you can use a guarantor. A power of attorney is issued to the authorized person to carry out such actions (the document is certified by a notary).

IMPORTANT! The faster the necessary documents are collected, the easier the inheritance registration procedure will be.

If six months have elapsed and the person has not had time to declare his inherited rights, this period is extended by court decision. The inherited person should also remember that along with the real estate, he also inherits the debts of the deceased (loans, mortgages, other loans).

ATTENTION! Without full repayment of all debts, it will be impossible to sell real estate that has been inherited! And here it does not matter that the apartment has been inherited for less than 3 years or more.

Let's go to Rosreestr. In this state chamber, the heir must obtain a document confirming ownership.

Before you go for the coveted paper, arm yourself with the following documents:

1. Certificate and registration of the inherited living space for cadastral registration (if this has not been done previously).
2. Passport of the inherited person.
3. Application for registration of property rights of the heir (to be filled out in Rosreest immediately upon presentation of all collected documents).
4. Receipt for payment of the mandatory duty (its amount is 2000 rubles).
5. Certificate confirming the right of ownership of inherited property (the document is issued by a notary).

When an heir decides to sell an apartment inherited for less than 3 years in ownership, he should prepare to pay income tax (Civil Code of the Russian Federation, Article 558). This amount is levied according to generally accepted tax principles applicable to individuals.

Civil Code of the Russian Federation Article 558. Features of the sale of residential premises

1. An essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which persons live who, in accordance with the “law,” retain the right to use this residential premises after its acquisition by the buyer, is a list of these persons indicating their rights to use the residential premises being sold .
2. A contract for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.
3. The specifics of the purchase and sale of residential premises that meet the conditions for classification as economy class housing established by the authorized federal executive body are determined by law.

To pay the tax to the heir after completing the transaction, you need to come to the tax office as quickly as possible and submit a declaration in Form 3 Personal Income Tax (order of the Federal Tax Service of the Russian Federation dated December 24, 2014 No. ММВ 7-11/671).

Tax calculation when selling an apartment by inheritance for less than 3 years in ownership is made in accordance with Article 220 of the Tax Code of the Russian Federation (clause 2), which says:

1. The tax is calculated on the amount of the sale transaction exceeding 1 million rubles. In fact, the state provides the heir with a preferential deduction of one million rubles.
2. The tax on the sale of an apartment by inheritance less than 3 years of ownership for Russian citizens is 13%, and for citizens of other states 30%.

Tax Code of the Russian Federation Article 220. Property tax deductions

2) property tax deduction in the amount of the redemption value of the land plot and (or) other real estate located on it, received by the taxpayer in cash or in kind, in the event of seizure of the specified property for state or municipal needs.

How to calculate the tax amount? For example, an apartment that was inherited for less than 3 years was sold for 3,500,000 rubles. The amount of RUB 2,500,000 is subject to taxation. We calculate 13% from this amount and get 325,000 rubles. This is the amount that must be paid after the transaction is completed.

IMPORTANT! The right to a tax deduction of 1,000,000 rubles. given to a citizen only once.

And also how long it takes to sell an apartment by inheritance and pay tax.

But there are some exceptions to the rules.

Income tax on the sale price of inherited living space is not levied under two conditions:

1. If the property has been owned for more than 3 years (since 2016 more than 5 years).
2. If the living space was purchased for an amount of less than a million rubles (this is possible when purchasing a share or a room in an apartment).

The law also provides for a category of beneficiaries who are exempt from paying income tax. Such citizens include the following persons:

• disabled children;
• people of retirement age;
• persons with disabilities of groups 1 and 2.

In order to be legally exempt from paying income tax when selling an apartment by inheritance that has been owned for less than 3 years, you must go to the NI and write an application. Documents confirming the preferential category of citizens must be attached to the application.

In this article, we told you how many years later you can sell an apartment after inheriting, but even if all the formalities and deadlines were carefully observed, there is a risk of unforeseen circumstances.

Therefore, to conduct such transactions, it is better to involve a professional lawyer with experience in working with inherited real estate. You now know everything about what to do if you inherited an apartment and when you can sell it.

How to sell an apartment received as an inheritance?

The recipients who have formalized the entry and received a certificate may dispose of the received inherited property at their own discretion.

One of the common solutions is to sell, for example, a home that was inherited. However, there are no legal restrictions when conducting this type of transaction.

You just need to familiarize yourself with the procedure for registering a sale and paying taxes. So, how to sell an apartment received by inheritance after the death of a loved one?

Apartment as inheritance

The estate can be any property of the testator that was his personal property during his lifetime. By inheritance you can receive:

• Real estate: house, apartment, dacha, factory.
• Transport: cars, equipment.
• Financial assets: deposits, securities, shares in business.
• Personal items, jewelry.

Along with personal property and certain types of rights, for example, to recover a debt from a third party, the financial obligations of the testator are also inherited. These include loans, debts for services and taxes, and mortgages.

You can sell an apartment after receiving it as an inheritance only after going through all the stages of registering an inheritance case and obtaining the necessary documents. Before you begin to enter into an inheritance, you need to familiarize yourself with some of the nuances of this issue. The first of them is the types of rights to an apartment. Who exactly can accept inheritance by law and will?

By will

Article 1119 of the Civil Code of the Russian Federation allows each citizen, during his lifetime, to independently determine the list of his successors and establish the conditions for the division of property after his death. In this case, the giver can designate any person (one or more) as recipients, even if he has no family ties with the testator.

The following conditions may be established in the text of the will:

According to the will, only those persons identified by the testator himself when drawing up the document will have the right to receive an apartment after the death of its owner. The donor's decision can only be changed in court by declaring the will invalid.

If one of the recipients is left without an inheritance and does not agree with the distribution of the testator’s property, then the validity of the will can be challenged in court. In this case, a positive decision will be made only if there are compelling arguments, such as:

• Violations during the execution of a will.
• Incapacity of the testator at the time the document was written.
• Pressure or threats from third parties when making a will.

In law

If the will was not drawn up by the testator, then the circle of his successors is determined on the basis of the order established by the Civil Code of the Russian Federation (Article 1141).

The children, spouse, and parents of the deceased have the primary right to inherit. The inheritance will be divided equally between them, and no one else close to them will be able to inherit (Article 1142 of the Civil Code of the Russian Federation).

When registering the inheritance of an apartment, recipients who have rights to the property by law must provide evidence of family ties with the deceased. These may be marriage or birth certificates, guardianship or adoption orders.

The second in line to inherit an apartment are the brothers, sisters, and grandparents of the deceased. According to Article 1143 of the Civil Code of the Russian Federation, these categories can formalize inheritance in the event of refusal or absence of priority receivers.

The transfer of rights to join from one queue to another occurs if the receivers of the previous circle:

• They refused to join.
• Absent or have not shown interest in the inheritance.
• Found to be unworthy recipients.

Articles 1144–1145 of the Civil Code of the Russian Federation indicate a further list of persons to whom the opportunity to formalize the acceptance of an apartment by inheritance may pass if it is impossible for the successors of the previous orders to join.

The spouse of the deceased has the right to division of property as upon divorce. If the inheritance estate is recognized as acquired during marriage by both spouses, then the remaining partner will receive 50% of the property, as well as the right to receive a share in the remainder (Article 1150 of the Civil Code of the Russian Federation).

Exception

If there is a will, a certain category of close relatives has the right to allocate in their favor a mandatory share in the inheritance. According to Article 1149 of the Civil Code of the Russian Federation, in the presence of a will, disabled persons belonging to the primary heirs can become additional recipients:

• Parents: if they are unable to work due to disability or age (upon reaching retirement age).
• Spouses: if they are unable to work due to disability or age (upon reaching retirement age).
• Children: if they are incapacitated due to age (retirement or less than 18 years old), disability.

Based on this, the right to participate in accepting the inheritance can be accepted by categories of recipients related to the status of dependents. In this case, the recipient of the obligatory share must live together with the testator in the same premises and depend on him for a period of at least one year.

The size of the obligatory share by law is half of the part that must be allocated to the recipient as part of the entry by law on the basis of priority.

Registration of inheritance for an apartment

Selling an apartment after inheritance is possible only if the entire acceptance process is fully completed. The first thing the receivers need to do is prepare an application for inheritance. You can do this in several ways:

1. Contact the notary office where the inheritance case is open and write the application in person. The document will be certified by a specialist and accepted for consideration.
2. Draw up an application and have it certified by any other notary (if it is impossible to provide the document in person). The certified paper should be sent to the desired office by registered mail.
3. Ask someone to write the application instead of the applicant. In this case, an outsider has the right to write a document with a notary only if there is a power of attorney from the heir.

The period during which you must declare your rights to an apartment by inheritance is 6 months from the date of death of the testator (Article 1154 of the Civil Code of the Russian Federation).

After opening an inheritance case, the relatives of the testator must collect and provide the notary with a package of documents for registration. The first part of the papers includes:

• Death certificate.
• An extract about the place of last registration of the deceased.
• Extract on deregistration of the deceased.
• Application for inheritance.
• A will or documents evidencing the relationship between the applicant and the testator.

When registering an inheritance with a notary, you must also provide all documents relating to the personal property of the deceased. If there is real estate (apartment) in the inheritance estate, you should prepare:

• Documents of ownership: certificate, extract from the Unified State Register, agreement (purchase and sale, donation, inheritance).
• Technical documentation: extract and passport from the BTI, cadastral papers.
• Valuation documentation: results of an examination to determine the price of an apartment.

Determining the market value of housing at the time of the death of the apartment owner is necessary to determine the value of the inheritance. Based on the amount received, the state duty is calculated, which must be paid by the heirs upon receipt of the inheritance certificate.

Within six months, the notary conducts the inheritance case and determines the circle of beneficiaries, as well as the size of their shares. After this period, the specialist issues a certificate of inheritance to all recognized recipients, which confirms the recipients’ rights to the inherited apartment.

Once the inheritance certificate is received, the recipients of the apartment can register their ownership rights to the property. To do this, contact Rosreestr with a certificate, passport and application. Within 30 days (on average 21 days), the center’s employees will prepare new title documents.

When can you sell an apartment?

When can you sell an apartment after registering an inheritance? This question is one of the most common among those who plan to sell real estate that they inherited after the death of relatives.

The law gives ownership rights to heirs immediately after the death of the testator. Throughout the entire period of registering an apartment as an inheritance, and then as a property, the recipient is already the owner of the property. However, without proper documents it is impossible to dispose of square meters.

The opportunity to carry out a sale or other transaction arises if:

• The receiver has registered the entry with a notary (or through the court) and has a certificate of inheritance.
• The data on real estate is completely reliable and there are no disputes regarding the rights of the testator.
• The recipient, on the basis of the inheritance certificate, re-registered the property rights in Rosreestr.
• There are no debt or other obligations regarding housing.
• There are no disputes between receivers regarding shares and division of housing.

It is extremely difficult to sell an apartment that is collateral (collateral) for a loan or mortgage. At the same time, at the time of the transaction there should be no disputes regarding ownership rights.

Based on all this, we can conclude: it will be possible to sell the apartment only after the acceptance of the inheritance has been fully completed and documents have been received.

What expenses await

Registration of inheritance for an apartment is not a free service. At the initial stage, receivers must pay for services for certification of documents, wills, and statements.

When receiving an additional package of papers (power of attorney, extracts, requests), you also need to bear certain expenses. For example, for obtaining one document a fee of 100–300 rubles is charged.

In addition, the inheritance of an apartment can extract more significant expenses from the recipients.

State duty when obtaining a certificate of inheritance

When receiving a certificate of inheritance, the recipients must pay a state fee, which can be changed depending on the degree of relationship between the applicant and the testator.

The exact amount of the fee is a certain percentage of the estimated value of the estate. Based on Article 333.24 of the Tax Code of the Russian Federation, the amount of the duty is as follows:

• For recipients of the 1st and 2nd circles – 0.3% (maximum – 100 thousand rubles).
• For all other receivers – 0.6% (maximum – 1 million rubles).

Persons who lived with the testator in the same territory for a certain period of his life are exempt from paying the fee (Article 333.38). A benefit in the form of 50% of the tax amount is available to heirs who are disabled due to disability of the 1st and 2nd degrees.

Tax upon completion of a purchase and sale transaction

Income that was received on the territory of the Russian Federation, including from a real estate sale transaction, is subject to tax. And the implementation of a transaction for the sale of an apartment received by inheritance is also subject to tax payment.

According to Article 217 of the Tax Code of the Russian Federation, tax on income received from the sale of real estate does not need to be paid if the apartment was owned by the seller for at least 5 years. In the previous version of the law, this period was 3 years.

For real estate that was acquired by inheritance, the holding period is three years. If during this period after entering into inheritance the receiver decides to sell the apartment, then in this case the tax must be paid.

If the receiver has sold the inherited real estate, then it is necessary to indicate the income received in the declaration within the time limits established by law. The income document is completed and submitted to the local tax authority by April 30 of the year. The tax must be paid by July 15.

If the apartment was owned by the heir for more than three years (if receiving an inheritance starting from 2016 - five years), then income tax will not be charged upon sale (Article 220 of the Tax Code of the Russian Federation).

This period begins to be calculated not from the moment of state registration or actual acceptance, but from the date of death of the testator (opening of the inheritance). Since January 1, 2016, there have been significant changes to tax rules.

Currently, personal income tax, still 13%, is levied on the sale of real estate owned for less than 5 years. These changes did not affect real estate acquired in the following manner:

• privatization;
• inheritance or gift by a family member or close relative;
• lifelong maintenance agreement with dependents.

At what price to sell the apartment

Determining the cost per square meter is at the discretion of the seller. The real estate market allows you to set any price for an apartment. For many heirs, the issue of the quick sale of the received property is important.

The cost of an apartment that was inherited, for example, from a mother, is determined based on the average market price. The heir can analyze the bulletin boards to find out at what price similar offers are sold in the area where the housing is located. An easier way is to contact the services of a realtor.

Disputes often arise between receivers regarding the division of an apartment. For example, after the death of his father, his three sons became heirs to the apartment. Physical division of housing for everyone is impossible. Therefore, the only option left is to agree on the sale of property and the allocation of funds to each person in accordance with their share. Read more here: division of an apartment by inheritance.

Making a deal

The procedure for conducting a transaction and registering an apartment for the buyer is simple and widespread. Before conducting a transaction, it is necessary to prepare documents for the sale of an apartment that was inherited. These include:

• Buyer's and seller's passports.
• Certificate of ownership or extract from the Unified State Register.
• An extract from the passport office confirming the absence of registration.
• Certificate of absence of debt on utility bills and taxes.

Along with a set of documents, it is necessary to pay the state fee and draw up a purchase and sale agreement. Usually the agreement is drawn up in the office of the registration authority at the time of the transaction. But it is also possible to write a document with a notary and then have it certified.

What else you should know

In the real estate market, most buyers avoid apartments that were recently acquired by the seller as an inheritance from his relatives. One of the reasons is possibly unresolved disputes regarding rights and shares in the inheritance.

There are situations in which, some time after entering into an inheritance, new successors appear. They can sue and, if there are compelling arguments, the court’s decision will be in favor of the newcomer. What if the property has already been sold by this time? It is best not to rush into a deal in order to avoid possible disputes and conflicts.

Another reason for receiving an apartment by inheritance by law is the unexpected discovery of a will. What if the new recipient is not at all the person who received housing according to the law? If there are several recipients of square meters after the death of the testator, then first it is worth coming to an amicable solution.

If you have unresolved questions or inheritance disputes, then on our website you can always get help from an experienced lawyer. Tell us about your problem for free and right now, and we will provide you with professional advice.