Land inheritance: order, characterization

Real estate has always been of great value to people. Virtually every family has an apartment, many have a house in the village, and some have an estate in the country.

General provisions for inheritance of land

After the death of the owner, the land is transferred by law or by will according to the same rules as the rest of the property.

A surface layer of soil, plants, water bodies within the floor is inherited.

It is not lawful for you to make a bequest on the land of the deceased.

According to the law, relatives may obtain a plot, which is regulated by the Civil Code according to the degree of blood relations with the deceased.

When a bequest is made, it can be delivered:

• A citizen;
• Organizations;
• Local administration;
• The subject of the Russian Federation (areas, republic, etc.);
• Russian Federation.

It is not possible to inherit after a deceased person who has been found by a court to be unworthy or excluded from his rights; in some cases, the land will be deemed to be dead property and will be delivered to the State.

This is the case in the following situations:

• The will is not written, but the deceased had no relatives.
• All heirs are found to be unworthy or have been suspended by the court;
• All the heirs refused to exercise their rights by submitting the application to the notary;
• The heirs did not file an application with the notary within the statutory time limit and did not establish the right to take property through the courts.

In all these cases, the State shall make arrangements for the ownership of the property in its own name.

If the heirs were to be announced after some time, they would only be able to recover their property by a court order.

Features of land inheritance

The inheritance of the house and land has a number of characteristics, depending on the right of the deceased to own the property, the documents available to him, and the place of the house.

When the property was owned by the deceased, was registered by the State and all the certificates and statements are available, there is no particular difficulty in entering into the law; the notary must be provided with the necessary documentation for the succession.

The right to inheritance ownership can only be confirmed by a certificate issued in the 1990s.

The notary is obliged to accept such documents and issue a certificate for the deceased person ' s estate.

Contracts of sale, exchange and gifts issued prior to 1997 are also valid and bear the stamp of the technical inventory offices, which registered transactions prior to that date.

However, it may be that the deceased did not have any evidence of his title; in practice, this is most common in the allocation of plots in the 1990s; in such a situation, it is necessary to establish initially whether any documents have been issued to the testator.

In order to do so, the local administration ' s archive service must be contacted; if the deceased ' s site is known to have been identified, an approximate date must be indicated in the application.

The consultant will check the archive data for the required period and, if the necessary documents are found, the heir will be given certified copies of the order for the provision of the site as well as of the land certificate.

They need to be handed over to the notary for registration.

It is also necessary to order a land release in Rosreister, and this document will check whether the owner of the plot has been identified. In the absence of these data, recognition of the right to inherit property is only possible through a court of law.

An order from the local administration was issued for the day-to-day gardening, and a list of the persons who had been provided with the goods was attached to it, and the citizens mentioned in it were required to apply for a certificate, but some of them did not, and it was possible for the court to recognize the rights to land under the order.

When you inherit the land, the processing procedure depends on what paper is available. If the owner has registered everything in life, you must provide the notary with the available documents. If they are not available, you must collect the data from the administration's and Rosreestra's archives. If necessary, you will have to go to court.

In order to enter into inheritance rights over the land, it is therefore necessary to provide the notary with documents confirming the estate property of the deceased; if they do not exist, it will be necessary to make requests to the archives and Rosreest, to obtain certified copies; and if it turns out that the property is not registered during the testator ' s life, it is necessary to file a claim with the court.

Life-long tenure

There are lots on which life-long inheritance is attached, which means that it is in the use of the person to whom it is granted until his death.

Man is able to cultivate the land, build a house on it, if he allows it to be appointed, to bear expenses, to do other things, but his possession is limited; he is not allowed to sell or give such a piece of land.

In fact, the property remains owned by the State or local administration and is granted only the right to it, the nature of which allows for the transfer, after death, of the property to the heirs, and the use of the land itself, rather than the land itself.

In order to change possession for life, a notary must be provided with a document confirming that he is in possession of the deceased, and the heir is entitled to the same right before his death.

A special feature of this institution is that it is only citizens (natural persons) who are entitled to such a right; they inherit both by law and will; legal persons will not be able to acquire life-long ownership of land, even by written order of the deceased.

Area in permanent indefinite use

The land of the deceased may be set aside for permanent use, and the property of the deceased may be owned without sale or any other order; this right shall not be bequeathed, nor shall the heirs and relatives of the deceased inherit it.

The law established the rule that the land permanently used, which had been allocated to it until 2001, had the right to take possession of the land; for that purpose, it was necessary to apply to the authorities of the Rosreestra and to provide a document for the ownership of the site.

Only citizens to whom the precinct had been allocated could exercise that right; the heirs of such persons would not be able to do so after the testator ' s death.

However, the law provides that if a deceased person has initiated a procedure in his or her lifetime (e.g., filed an application, obtained a power of attorney, other acts), his or her successors are entitled to complete it.

In this case, the estate is taken over by the heirs.

A house may be located on an area allocated for indefinite use; if the heirs have properly established such property, they are entitled to land as well.

In order to do so, the following documents must be submitted to the Rostreestra authorities:

• A certificate of inheritance;
• State registration documents for the home;
• Documents on the right to indefinite use of land issued to the heir.

Thus, there is no legal provision for inheritance of land granted for indefinite use; however, there are exceptions if real estate is built or the deceased in life has initiated the conversion of the property into property.

Privatization of land

Land may be allocated to a citizen for indefinite use after the year 2001, in which case, if a house is built on it, it may be acquired free of charge by the law until 1 March 2018; if the owner has done so before his or her death, his or her heirs may receive such a privatized plot.

The situation may be that the citizen has started the process but has not been able to complete it because of death, in which case the inheritance of unprivatized land by relatives is possible through the courts.

It would be necessary to prove that the deceased had filed an application for registration, given a representative with specific powers, started collecting the necessary documents, and acted otherwise.

The recipient has the right to disintegrate his property free of charge.

When a person wishes to use the property, for example, but has no financial means (high taxes, other expenses), the land can be returned to the State or the municipality.

Rental

Land may be transferred to temporary possession for rent, usually for this purpose it will be taken for the duration of the construction, and after completion it will be purchased.

If the lessee dies during the period of the contract, his heirs become parties to such a transaction, and all the rights and obligations of the deceased are transferred to them; the modification of the terms is subject to the signature of a supplementary agreement, except in cases where the contract expressly prohibits it.

When a treaty is in force for more than one year, it is subject to compulsory State registration in Rosreestre, in which case it is necessary to refer it to such registration.

Land division

The inheritance of a bequest over a house and a plot of land enables the owners of such property to separate them from one another.

The division is permissible only if the size of the land so permits; each entity of the Russian Federation and the municipal area has a minimum area of land, depending on their destination.

The earth can be divided as many parts as possible, provided that each of the sites formed is not smaller than the minimum size.

In order to carry out this procedure, a cadastral engineer must be invited and he will fix the boundaries of the new plots, arrange for their registration and the allocation of numbers.

After the cadastral engineer has prepared the documents, the heirs may form an agreement.

The agreement can be processed before and after the notary issues the certificate. By signing the division documents, they must be submitted to the public registry.

• If the right to inherit has not yet been registered by the State: agreement and notary ' s certificate;
• If the State registration of the inheritance has been carried out: agreement and a document of ownership (certification or discharge).

When the land is not large enough to divide it, it departs from one of the heirs, and is given priority (e.g., he lived there with the deceased), and compensation is payable to the rest.

Where no one has such privileges or is willing to take advantage of them, the land is subject to equity ownership.

The procedure for the inheritance of land

In order to obtain an inheritance, it is necessary not later than six months after the death of the testator to write a statement to the notary, and to contact a specialist at the place of residence of the deceased relative.

If the particular notary office is not known, the registration is made at the address of the immovable property.

The following documents will have to be submitted for the right to inherit the house and land:

• The death of the testator;
• A bequest or confirmation of a relationship with the deceased;
• A certificate of registration indicating the composition of the family;
• Affirming land and house rights;
• Land registration with inventory data;
• a statement of the value of the property.

All other persons are required to contribute 0.6 per cent and a maximum of 1,000,000 roubles.

Some heirs are exempt from payment of these amounts, who, at the time of the testator ' s death, were living with him and were still staying in the house; these circumstances must be documented.

The law imposes restrictions on the heirs of foreign agricultural plots, and they are not entitled to own such land; they are obliged to sell it within a year if it is obtained.

Features of land inheritance

The land is part of the estate, just like other property owned by the deceased, but there are cases where there are problems with the settlement.

Nuances of inheritance

The inheritance of land is very similar to the inheritance of other property, but there are some features that need to be taken into account; they need to be considered in greater detail.

If the land is owned

If the land is in the possession of the heir, which is confirmed by the relevant documents, there is no problem; in this case the property is handed over to the heir in its entirety, and they have the right to change it in their own name and to dispose of it in their own right.

If there are more than one successor, he shall be divided into a portion, and the land may be transferred, whether in a testator or in a lawful manner.

If it's on a life-long heirloom

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The owner of this case is the State or the municipality, so it will not be possible to sell the estate, give it, deposit it as collateral, and so on.

It is worth noting that a citizen may be deprived of the right to life-long inheritance of land if he treats it inappropriately, as well as the grounds for the termination of the right being the establishment of property or the refusal to accept inherited property.

If the site is in open-ended use

The inheritance of the land shall not be permitted by law, but the heir shall have the power to buy the inheritance if he inherits a house or other structure which has been built on a given portion of the land.

There is also a chance of obtaining a piece of property if the deceased has initiated a procedure in his or her own name in the course of his or her life but has not been able to complete it because of his or her death; then the successor has the right to continue the procedure; the matter is decided by the courts.

If the object is not owned by the deceased

If the deceased does not have the right to land, he may not be handed over to his relatives.

If the object is leased

The inheritance of a land lease is permitted by civil law, but only if the agreement does not provide otherwise; therefore, the owner of the property is not entitled to refuse to transfer the property until the contract is terminated.

Processing procedure

The inheritance of land is not different from the inheritance of other property, regardless of whether the property is transferred by law or by will, the heirs need to visit a notary office and file an application indicating that they wish to accept the estate.

An application must be filed not later than six months from the date of the commencement of the inheritance case, i.e. from the date of the death of the heir; if the successor has not been able to visit the notary for a valid reason, the time limit may be restored by the courts.

If you go to a notary office, you should bring with you such papers as:

1. Passport.
2. A certificate that confirms the death of a relative.
3. A document certifying the existence of a relationship with the deceased.
4. The estates of the heir.
5. A certificate indicating the last residence of the deceased.

After six months, the notary will distribute the property among the heirs and draw up a certificate confirming their right to the inheritance.

Assessment of the filler ' s cover

The division of land and the determination of the amount of the notary tariff require an assessment of the inheritance, which requires an assessment company, and the evaluator will make an assessment and issue an opinion.

This service is subject to payment; the exact cost depends on the firm ' s price; the estimated cost of the service is between 5,000 and 8,000 rubles.

Payment of State duty

The amount of the fee is calculated on a case-by-case basis, depending on the degree of relationship between the heir and the deceased, as well as on the value of the inherited share.

1. 0.3% is for the nearest degree, including children, mother, father, husband or wife, the highest amount of duty in this case is 100,000 rubles.
2. 0.6 per cent for the rest of the population, with a maximum fee of 1 million roubles.

State duty can be imposed by any convenient means:

• Through the bank office.
• With the ATM.
• Through the State Services portal.

The bill of payment must be presented to the notary, otherwise the documents will not be accepted.

Land conversion procedures

Once the right to inheritance is acquired, the citizen does not immediately become the owner, which means that he cannot dispose of the land, that is to say, sell it, give it, and so on.

In order to be the owner of the estate, it is necessary to visit the Rosreestra branch and apply for a change of ownership of the property in its own name, as well as to carry the following documents:

• A certificate showing if there's any on the building site.
• The object's cadastral passport.
• The valuation report's all over the place.
• A check confirming the payment of a duty to the State.
• A certificate of where the deceased lived at the time of his death.
• Exit from the EGRN.

A fee of 350 roubles will be required for the registration of the land lounge.

For the most practical use, citizens now have the opportunity to file applications and documents through the Multifunctional Centre, thus freeing themselves from long rounds and saving time for the registration of property rights.

Thus, the land is inherited by law or by will in a standard manner, but there are certain features of the inheritance, depending on whether it is owned or not.

Features of land inheritance

After the death or death of a citizen, all his property, including land, is inherited and the inheritance of land is governed by the provisions of the Civil and Land Code.

The conditions for the inheritance of land depend on many factors; therefore, legal disputes often arise in the inheritance of such property.

General conditions of inheritance of land

Apart from the land area, the inheritance mass includes soil, water bodies and vegetation, but if the land is forested, it can only be transferred to federal ownership.

Land may be transferred by will or by law.Physical, State and legal persons may be the heirs, and companies and municipal entities enter into inheritance rights solely on the basis of a will.

The State shall inherit property only if there are no legal heirs or if they refuse to inherit property, or on the basis of the last will of the deceased.

The inheritance of land is possible in two ways: through actual succession or application to the notary.

Features of land ownership

There are special features of the inheritance of the land, depending on the manner in which it was issued. If the land was owned by the deceased, there are no restrictions on the transfer of it to the heirs; this is also true of the land owned by the heir in possession of the estate for life.

When two or more heirs claim inheritance, they are entitled to divide the property into several and divide it among themselves.If the precinct is indivisible, one of the heirs must pay the others monetary compensation for the primacy of his inheritance, or hand over his shares in the other.

It is worth noting that a land that is in possession for life is subject to inheritance, but the heirs will not be able to dispose of it at their discretion.

This is due to the fact that ownership is vested in the municipality or the State; moreover, if the State considers that the land is being used by the heirs in an improper manner, it is entitled to withdraw the right to own it.

With regard to land for indefinite use, it cannot be included in the inheritance mass, but there are two nuances that the heir should know about:

1. A person who inherits a house and other constructions on this land is entitled to buy the land from the State and to own it; this is usually a matter that can be settled out of court.
2. If, in the course of his life, the heir has begun to transfer the land to his own property but has not yet completed the process, then the heir is entitled to complete the task, but the heir will have to prove his right to reform his property in a court of law.

Succession of a property not owned by the heir

If a house is owned by the heir on an unformed land, the heirs will be able to buy it and freely dispose of all property.

Unprivatized land is not, by default, to be included in inherited property.An exception may be cases where the deceased has started privatization but has not completed it or has entrusted the privatization process to a trusted person.

Since 2015, the process of privatization of plots has been considerably simplified, so that, if the relevant documents are available, the property rights of the heirs can be automatically established.

• An extract from the business book;
• Documents confirming the right to transfer land for indefinite use, to life tenure rights or without reference to ownership rights.

Article 617 of the Civil Code of the Russian Federation provides for the direct transfer of land lease rights in favour of the heirs, unless otherwise provided in the contract, and the heir is therefore entitled to use the land until the end of the lease.

The notary would need to be given a lease or order from the public authorities to provide the deceased with an inheritance.

In order for the lease to have legal effect, it must be registered in Rosreister.

Procedure for the inheritance of a land plot

Initially, the heirs of the land need to contact a notary to open an inheritance case and obtain a certificate of inheritance.

This is to be done within six months of the death of the heir, otherwise it will be necessary to apply to the court for an extension of the time limit.

The court will take into account in its decision whether the heir had a good reason to miss the deadline.

A notary will be required to pay for the government service, which is based on the value of the land.

In order to assess the market value of the farm, it is necessary to apply to specialized companies with a licence to carry out assessment activities, which are paid for from Rs. 57,000 for remote assessment to Rs. 99,000 if a specialist needs to travel to the site.

The government fee for the certificate ranges from 0.3 per cent of the price of land (no more than 100,000 rubles) for the next of kin to 0.6 per cent for the rest (no more than 1 million rubles).

The heirs will receive the inheritance certificate not earlier than six months after the death of the landowner.

Land titling

• A certificate of lack of buildings on the ground;
• The cadastral passport (plan) of the land plot;
• An opinion on the cost of the facility;
• A receipt for the payment of the Minister ' s office;
• Certificate from the passport table on the owner ' s last residence;
• An EGRP discharge in the name of the deceased.

The date of re-registration is one month after the application of the heirs, and once the property has been made available, the heirs will be able to dispose of the property at their discretion: will, sell, give, etc.

The heirs should bear in mind that the land tax must be paid immediately upon the death of the heir; the land tax is paid on the basis of the cadastral value, taking into account the tax rate in force in the region; the taxation will also depend on the land ' s intended purpose: agriculture will be cheaper from the point of view of the State ' s fees paid.

Conclusions

The inheritance of land must therefore take into account the legal basis on which the dead person used the land; if the land was not properly owned, the heirs would have to assert their rights to it in court.

Otherwise, the procedure for the inheritance of land is no different from that for other property; the first step is to collect all the inheritance documents, estimate the value of the land from independent valuers and obtain a certificate of inheritance from a notary.

In the second stage, the registration of land holdings should be changed to its advantage in the cadastre and cartographic administration; once a certificate of ownership has been obtained, the heirs will be able to dispose of the land as they wish, as well as the obligation to pay the land tax.

Land inheritance

The existence of land is a sign of the welfare of the family. On the earth, houses and homes are built, used for horticulture, gardening, and agriculture.

The possibility of inheritance of land ownership and the characteristics of this procedure are regulated by land and civil law.

As an object of real estate, the land may be disposed of and passed over by inheritance; it may fall into the inheritance mass of the land if it was owned or owned by the heir for life.

Features and procedures of land inheritance

The land may become part of the estate if the deceased has the right to own it or has the right to use it for life; no further authorization is required for the inheritance of the land except under the conditions mentioned above.

As an inheritance, the land passes over to the heir only with the amount of rights belonging to the heir, with the soil layer, the trees growing on it, the forest area, etc. Certain types of land may not be transferred by will (e.g., natural, long-term, etc.).

The inheritance of land in accordance with article 1181 of the Criminal Code of the Russian Federation takes place on general grounds without additional permits; the special characteristics of the inheritance of land are the different purpose of the land, its use and its protection.

The legal regulation of different types of plots is different.

Land may be inherited by law or by will.

Registration of land inheritance rights

In order to register the inheritance rights, after obtaining a certificate from a notary, it is necessary to submit the relevant application and documents which the notary was provided as justification for the claim to obtain a certificate of inheritance (cadastral plan or discharge from a plan, a certificate of ownership and land documents establishing title) to the Territorial Department of the OFSGR (Office of the Federal Public Registration Service) in order to obtain a certificate of State registration of ownership.

However, if there is to be a procedure for interpolating and determining clear land size, it is necessary to contact the surveyor ' s company and agree on the actual boundaries of your land on the ground with neighbouring areas.

There is a six-month period for the legislator to claim the inheritance of all the heirs, which requires the notary to apply for the inheritance of the property, after which the estate will be inherited and after the semi-annual period the land will be given a certificate of inheritance.

Land inheritance documents

In order for land to be inherited after the death of the heir, it is necessary for the heir to file documents with the notary within the time limit prescribed by the law of the place where the inheritance was opened.

The standard list of documents, which is submitted in all cases of inheritance, includes:

• Certificate of death of the owner of the land (inheritor);
• A certificate from the place of residence where the heir lived before his death;
• A will or documents that can confirm the relationship between the applicant and the deceased;
• Heir's passport.

In order to obtain a land title certificate, the notary must be provided with the following documents:

• Documents confirming ownership of the inherited land (confirming the grounds for the creation and exercise of the right of ownership or the use of land for life);
• State land registration certificate (if any);
• Documents containing information on the land's valuation on the day the inheritance was discovered.

Legacy of divided and indivisible land

Land is defined by law as part of the Earth ' s surface and its boundaries are described and certified in accordance with the procedure for doing so.

Land can be divided and indivisible.

The boundaries are those which can be divided into parts, each of which, in the case of a division, forms a separate and separate piece of land, and the use of which should be allowed on the basis of regulations governing the use of this category of land without being transferred to another category of land.

The heir ' s share in the case of inheritance may not be less than the size of the plot determined for the purpose to be used; if this is not possible, the plot shall not be divided, since the division of land according to its intended purpose into categories is the main principle of land law.

Land inheritance by title

The procedure on the basis of which land is inherited is set out in article 1181 of the Criminal Code of the Russian Federation, according to which the property right of the heirs shall be inherited on general grounds, i.e. citizens may, by means of inheritance, acquire ownership of the land, both by law and by will.

Since land could not be inherited indefinitely to date, only the buildings on such land would be entitled to ownership.

The land is transferred to the new owner, the heir, in accordance with the rules of article 35 of the Criminal Code of the Russian Federation.

Succession of land in the right to life inheritance

From the provisions of article 1181 of the Civil Code, land may be inherited if it belonged to the heir on the basis of a special right of lifelong inheritance; such inheritance takes place on general grounds.

The subjects of this right may include persons to whom the land has been granted free of charge and only from those lands that are in State or municipal ownership.

Land acquired under the right to life inheritance may be granted to:

• Persons in the form of an area used for the maintenance of an auxiliary personal household;
• Those who wished to organize farming or farming and who had left agricultural organizations to set up such farms.

No provision is made by law for the division of the estate inherited from the heir in the right to inherit for life.

Legacy of a garden or dower under the law in 2023: law, features and procedures of succession, documents, turn

Who can inherit by law?

Land inheritanceregulatedFL 146 of 26.11.01According to the law, such succession arises as an exceptional possibility for a citizen to acquire real property after the death of his or her former owner or on the basis of a notarized agreement.

The inheritance of a particular territory located in a gardening partnership is governed by general principles and determined by the Act and other laws.Legal and regulatory actsThe provisions should not contradict the SC of the Russian Federation, but should only complement and explain the substance of the individual points.

The succession of the estate after the death of the owner shall be in accordance with the law or the will.Legacy of land by lawis carried out in accordance with the order of priority established by civil law.

At the same time, applicants in the lower ranks may claim for the plot only in the absence of closer relatives, and citizens with equal rights apply for the division of property in equal shares.

If this is not possible (the property is recognized as indivisible), they become owners of common property.

The heirs of the owner of the property are his relatives.may be implementedIn order of priority or submission.Features of land inheritance:

1. First-line claimants are the close relatives of the deceased (the heir): the spouse, the parents and his children.
2. The heirs are blood or half brothers and sisters, as well as grandparents.
3. Persons who have the possibility to bring property claims in the absence of the above-mentioned persons ( Release 3): uncle and aunt of the deceased owner.

In the absence of close relativespriority of inheritance under the lawis the case with distant relatives.

If these persons do not exist, the transfer of property law takes place through representation, i.e. recognition of ownership over the descendants of the first three steps, e.g. the grandchildren of the heir or the children of his uncle or aunt.

This possibility is not available to a person who has been deprived of this right at the request of the testator or who has committed an unlawful act (a threat to the life of the actual owner or members of his family or damage to his property).

Distribution of shares among heirs

The right to claim is granted by law to the applicant of a higher rank and, if more than one, they may expect an equal distribution of the share of such property.at least one year.

The institution of succession of property after the death of its owner contains the concept of"compulsory share in inheritance"This provision is a guarantee of the protection of the legal rights of disabled close relatives in the event of infringement of their property interests through the writing of a will.

A compulsory proportion shall be formed for the minor children of the deceased or of his or her disabled spouse or parents from the remainder of the property not specified in the testator's document; if there is no such property, a portion of the inheritance described for other persons shall be taken away.

Surviving spouseIn accordance with the Civil and Family Code, the property to which the deceased owner is entitled shall be transferred by inheritance, and in general, the surviving spouse shall be entitled to the property of the deceased.50% of joint property.

Acceptance of an inheritance

The acceptance of the estate takes place after the opening of the estate at the notary office of the deceased owner ' s place of residence.

1. Written application to notary within the time limitUp to 6:00 a.m.If the applicant has not been notified in a timely manner, he or she may file his or her claim later in court or on general grounds (if other applicants have waived their right or have died).
2. Submission of authentication documents.
3. A certificate of succession is issued.after 6 monthsOnce the case has been opened or earlier, when the other heirs have been refused or absent.
4. Applying the registration authority to process the transfer of property law and notifying the horticultural partnership of succession.

Acceptance of an inheritance may take placeformal or actualThe first method arises from the submission of an application with a property claim by the interested party.

The actual acceptance takes place after the owner ' s death by his next of kin, who lived with the deceased and shared such possession (subject to the absence of claims from third parties).

The acquisitionor of the inheritance may refuse to do so after it has been established that he or she has succeeded and obtained a certificate to that effect.

The revocation of power takes place in favour of or without the indication of a person; in the absence of such applicants, the succession takes place in the order of priority.

If there are no successors, the area is transferred to the gardening partnership for further implementation.

List of documents for the adoption of a garden or land estate by law

NecessaryLand inheritance documents under the law:

• Passport or other identity document for the applicant.
• A document describing the degree of relationship with the heir.
• Right-making papers for property (for indefinite use or lease).
• The certificate of death of the actual owner or of the paper indicating the succession (the gift contract, the will).
• Exit from Rosreestre's database.
• Real property cadastral value certificate: To be issued by a gardening partnership or registration authority.
• Written waiver of other applicants (if necessary).
• Trust, certified through a notary (in the case of representation of the heir ' s interests).

Taxation of inheritance

The payment of taxes and duties is regulated by the NC of the Russian Federation (the Tax Code of the Russian Federation). According to the law, the acquirer of the estate or garden is exempt from the payment of the tax.art. 217, para. 18).

In spite of the exemption from duty to the State Treasury, the buyer of the right will incur certain costs related to the payment of a notary ' s services and mandatory contributions for the processing of the transfer of the property right in the registering authority.

If the heir decided to sell the propertyfor the first three yearsAfter taking over, he is obliged to pay a tax in the amount of13%After this period, the duty is not paid.

Conclusion

Legacy of the garden or treasuries under the lawThis sequence is regulated by the SC of the Russian Federation, which has the following characteristics:

1. The dominant right to property arises for the next of kin of the heir.
2. If the deceased owner has been dependent on others for at least one year, they have the possibility to claim property.
3. In the absence of close relatives, inheritance takes place in the order of submission.
4. If the claimant caused damage to the deceased owner's property or attempted to harm his health, he is prevented from claiming property.
5. A compulsory share of the inheritance is claimed by minors and disabled family members of the actual owner (his children, spouses and parents), regardless of the text of the will.
6. There is no tax on inheritance transfers.

The most popular question, and the answer to it, is the inheritance of a garden or land by law.

Question:Hello, my name is Alexander, and I'm the only heir to the estate, when I can get a certificate of succession, and how can this procedure be accelerated?

Answer:........................................................Good afternoon, Alexander.art. 1163 of the Russian Civil Code,The certificate shall be issued after 6 months from the date of the opening of the office.

A different period is allowed if the other applicants for possession have been denied in writing or your right is specified in a will made by the testator.

Precisely.Pre-adherences and Pre-AdherencesAn additional package of documents will be required: a certificate of the family composition and the absence of dependants from the actual owner.