List of documents for registration of inheritance for an apartment, house and land, car

Entering into inheritance is a long and troublesome process that requires certain legal knowledge.

Where to start the procedure for re-registration of property, who to contact, what documents are needed for this, what the cost of services is - this is not a complete list of questions that the heir asks when faced with this problem for the first time.

Today's article, which contains detailed instructions on registering an inheritance, is devoted to the answers to these and other questions. The step-by-step guide provided in it will allow you to systematize the large flow of information related to inheritance, as well as simplify the process of registering your rights as much as possible.

So, let's begin.

Document requirements

Heirs should know not only the list of documents for a notary when opening an inheritance case, but also how to prepare them correctly. There should be no corrections or erasures in the papers. The text must be read. All numbers are duplicated by writing the number in words.

Only original documents are allowed - forgery is punishable by law. Have the form specified by law. Be valid - if the validity period expires, you must contact the relevant organizations for a new certificate.

Confirmation of intention to accept inheritance

To obtain the right to an apartment or any other inherited assets, you need to officially confirm the acceptance of the inheritance by performing, as stated in the law, some kind of unilateral action - confirming your consent to accept the inheritance. An alternative is a documentary refusal to accept the inheritance. Everyone is free to decide what to do: accept what is due to them, ignore the fact of inheritance, or draw up a refusal, thereby increasing the share of other claimants to the inheritance.

The accepted apartment is considered officially inherited from the date of notarial acceptance of the inheritance, regardless of when it was actually accepted or registered.

However, the right to accept an inheritance applies only to fully capable citizens who are subject to a will or legislation regulating inheritance issues.

If we are talking about persons under the age of majority or people with limited legal capacity, the very possibility of accepting inherited property depends on whether their parents or guardians provide their consent on time and in writing. On behalf of children under fourteen years of age and incapacitated citizens, inheritance documentation is drawn up by parents or guardians who are responsible for the timeliness of the procedure. The child’s legal representative must come to the notary’s office with the application, and, by the way, in this case, permission from the guardianship authorities or any other services is not required.

It is worth remembering that babies who were conceived earlier but were born after the death of their father have full inheritance rights (if the baby turns out to be stillborn, the right of inheritance does not apply to him in any way)
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If inheritance rights are exercised by citizens of other states or people who do not have Russian citizenship, the same procedure applies to them as to other official applicants.

The first step is to submit a corresponding application to the notary's office. The application can be brought to the notary in person, sent by mail or transmitted through a representative, however, in the last two cases, a notarization of the signature will be required. In addition, you need a document that confirms your representative powers.

When sending an application by mail, it is worth considering the fact that the corresponding letter must be sent before the end of the period allotted for those who want to accept their inheritance in time. Please note that the day of sending will be taken into account, not the day of receipt.

Required documents

The Civil Code of the Russian Federation requires the provision of different sets of papers to the notary when opening a case of inheritance: for inheritance by law one (Article 1141), by will - another (Article 1118). However, there are several duplicate papers in each list. Lawyers call them the basic list.

Thus, regardless of the form of entry into the inheritance, it is necessary to present it to the notary.

1. Application for inheritance. The law establishes two forms of application. One for accepting an inheritance by law, the second by a will. . The application must be on paper. Written by hand or printed on a printer.

It must be signed by the applicant - an individual submitting documents to the notary's office. This can be either an heir or a trustee, whose powers must be certified by a notary. Documents can be submitted in person or sent by mail. In this case, the signature on the application must be notarized.

2. Identity card. To confirm the identity of the applicant, you must present the original of one of the following documents:

general civil passport of the Russian Federation;
Russian sailor's passport (there is one);

national passport of a foreigner, if a citizen of another country is claiming the inheritance;
resident card;
temporary residence permit in Russia.

3. Death certificate. The main thing in the package of documents is the death certificate, which is a stamped paper with watermarks (a fairly common mistake is to provide a death certificate in the package of documents instead of a certificate).

Without it, not a single inheritance case will be opened. It can be received by a close relative or an authorized person with a power of attorney certified by a notary at the regional civil registry office (registry office) or at the MFC.

If death was established during court hearings due to a long absence, the death certificate is replaced by a court decision.

4. Certificate about the place of opening of the inheritance. Such a certificate does not appear in the list of documents submitted to the notary. However, without it, an application to open an inheritance case will not be accepted. After all, the law clearly stipulates in what cases and where inheritance cases can be opened.

The priority is the notary office at the place of last registration of the deceased, the second is the location of the real estate (if there are several apartments and they are located in different areas, then the case is opened where the most valuable part is located) and finally, at the place of registration of the movable property.

A registration certificate can be obtained from the MFC, passport office (FMS), housing department and housing office.

5. Certificate of deregistration of the deceased. Issued only by the Federal Migration Service after the deceased's passport is returned.

6. Certificate of absence of debt for utility services. Such a document is submitted to a notary to transfer the debt (if any) to the housing and communal services to the future heir.

7. Certificate from the tax office confirming that there is no debt to pay property tax. As in the previous case, a certificate is needed to transfer debts to the new owners of inherited real estate.

The list of necessary documents for entering into an inheritance does not end there. Depending on whether the inheritance case will be formalized according to law or will, several additional papers must be attached to the basic package.

Without a will

When registering an inheritance without a will, all applicants must prove that they are heirs of the first priority. The order and order of distribution of shares can be viewed on our website in the work “Inheritance by Right of Representation”. To do this, you need to submit the following documents:

marriage certificate - presented by the husband (wife) of the deceased. Without this document, you cannot receive a spousal share in the inheritance. In a civil marriage, the law does not give any rights to the spouse if she had her own source of income. If she was dependent on her husband, documents confirming this fact must be submitted. In most cases a court order is required;

Important: the marital share is allocated both when the inheritance is distributed by law and in the presence of a will.

birth certificate of the deceased - the document is presented by the living parents (mother, father) of the testator. The adoptive parents attach a certificate of adoption;
birth certificate of direct heirs - blood children and adoption certificate for adopted ones;
a document confirming the change in passport data: last name, first name, patronymic. This could be: certificates of marriage or divorce, change of surname, name and patronymic;
an extract from the house register or housing office (housing office) about the composition of the family registered in the inherited living space before the death of the testator.

For reference: the grandmother, grandfather, brother or sister of the deceased belong to the second order of inheritance by law and can receive part of the inheritance only if there are no heirs of the first order.

With a will

If there is a will, the composition of additional documents is slightly different.

Will. The original and two copies are submitted. The document must be written by one person and have the signature of the testator.
Court decision on recognition as a dependent. The document gives the right to a mandatory share for persons who were dependent on the deceased. In this case, relatives and strangers who lived at the expense of the deceased, a common-law wife who did not work for a year, and disabled relatives can claim a part of the inheritance.
Birth certificate Documents confirming close kinship are submitted by minor children who are not included in the will. The law provides for the allocation of a mandatory share in this case.
Marriage certificate.

By law, spouses are considered to have acquired property jointly during marriage. Therefore, everyone owns half. Therefore, the deceased cannot distribute the spouse's share in the will. To confirm their right to own half of the inherited property, the living spouse must present a marriage certificate.

If there is a marriage contract, the conditions specified in it take precedence.

How to make an application?

An application for acceptance of inheritance is an important document. It is the filing of the application that indicates the intention of the heir to enter into his inheritance rights and obligations.

What information must be included in the application?

Name and address of the notary office;
Full name, residential address of the applicant;
The title of the document is “Application for Inheritance...”;
Main text of the statement:

FULL NAME. testator;
date of birth and death;
last place of residence;
basis for inheritance (marriage or family relationship, will);
composition of the inheritance - a detailed listing of the inherited property;
the presence or absence of other heirs;

The expression of the applicant’s will is to enter into an inheritance and receive a Certificate;
Date of application;
Applicant's signature.

A few more requirements for the application form:

It is recommended to fill out the document with a ballpoint pen with blue or black ink;
The document must be filled out in legible handwriting, without erasures or corrections;
All personal data of the testator and heirs, dates, amounts, names - should be written in full, without abbreviations or abbreviations.

Despite its importance, drafting this document is not difficult. Each notary office has a visual example, by analogy with which you can draw up your own application. We also offer such a sample below for review and download.

Procedure for entering into inheritance

You can enter into an inheritance after the fact and through obtaining a certificate of inheritance. In the first case, the heir may not contact a notary's office and simply use the property. He cannot sell, donate or leave it as an inheritance.

In the second case, the procedure is as follows:

within 6 months after the death of the testator, the heir must contact the notary's office with an application to open an inheritance case. The notary will tell you what documents are needed to enter into an inheritance;
prepare documents in accordance with the list issued by the notary;
pay the state duty: 0.3% of the value of the property, but not more than 100.0 thousand rubles. for heirs of the 1st and 2nd stages and 0.6%, but not more than 1.0 million rubles. for heirs of subsequent queues;
After the 6-month period, contact a notary to obtain a certificate of inheritance.

All inheritance cases require the collection of many documents. Therefore, you should not delay applying to a notary, so as not to miss the deadlines stipulated by law (6 months). Otherwise, to restore them, you will have to go to court. And these are additional costs.

Peculiarities of registering the inheritance of a non-privatized apartment

Inheriting a non-privatized apartment also has a number of features. The fact is that after death, inheritance of a non-privatized apartment in legal practice is possible, but with a whole list of further restrictions. After inheriting a non-privatized apartment, it begins to belong to the municipality. This means that transactions and actions such as purchase, sale, gift or bequest are impossible. At the same time, the heir will be able to use the non-privatized apartment.

To inherit a non-privatized, that is, municipal apartment, it must be formally privatized by filing a claim in court.

Why is an assessment needed?

It is necessary to evaluate the property that the heir receives in order to know the market value of the object or thing. First of all, this is necessary to calculate the state duty. If there are several heirs, the examination helps to identify each person’s share in monetary terms.

The price for assessing inherited property varies among different expert organizations. So first you should call several appraisal firms and clarify:

Service cost.
Availability of permits for conducting such examinations.

Depending on the object being examined, the actions of the experts will differ, as will the papers required to be presented.

Automobile

Having agreed on the time and place of inspection of the vehicle, the future owner collects the following documentation by this time:

passport or other document proving the identity of the heir;
death certificate of the car owner;
all documents for the car.

It is advisable, but not necessary, to talk about car damage, repairs, or participation in an accident. Copies are made of all submitted papers.

During the inspection of the vehicle, the expert identifies all shortcomings and damage, takes into account mileage and age, performance of parts and much more.

As a result, based on the data obtained, the wear and tear of the car is calculated. Then the cost of similar cars is compared and the value for a specific movable property is calculated.

Real estate

Real estate can be valued in different ways, taking into account inventory, cadastral or market value. In this case, the object can be land, as well as an apartment or house.

What needs to be done to evaluate property:

An expert from the BTI is invited to calculate the inventory value. Since the resulting amount is very different from the market amount, notaries are reluctant to accept such an assessment, although they have no right to refuse.
Obtaining a certificate of cadastral value is not at all difficult; you just need to come to Rosreestr, write an application, pay a small fee and receive the finished paper in five days.
Independent experts assess the market value. To do this, they visit the property for inspection, analyze the market and prepare a report indicating the value of the property.

Which valuation option to choose remains at the discretion of the heir. If you need to reduce the amount of state duty, then the first option is the most profitable.

In the event that in the future you will have to share the area with other heirs, it is more advisable to resort to point 3.

Weapon

If the deceased was a hunter, then he definitely had a hunting rifle. The legal successor will definitely receive it as an inheritance if he complies with all the rules. The same applies to premium edged weapons and civilian ones. But it is absolutely unacceptable to keep the combat version for yourself; he surrenders to the police.

To obtain the right to own a weapon, no additional permits are required, but if you subsequently want to use it or store it at home, you should apply for permits.

Until then, from the moment of the death of the deceased until he enters into inheritance rights and receives all the necessary papers, all weapons are handed over to the district police department for storage.

In this case, the examination of weapons is done mainly in order to determine which category it belongs to: hunting, combat, award, etc. In addition, an assessment is made of cost and technical condition.

Shares and shares

Business is a tough business and it is in the interests of the co-owners to indicate the lowest possible value of the deceased’s share to the successor.

In order to correctly evaluate a share in an LLC, it is necessary to seek the help of experts in this field, who will conduct a full audit, consider every element of property owned by the company, and carefully study all the documents of the enterprise.

As a result, they will be able to present the final value of the entire company and each share separately, according to the owner’s participation in the capital of the LLC.

With shares everything is much simpler and faster. The assessment is made through research.

Copyright

It is advisable to conduct a copyright examination when any doubts or disputes arise.

For example, the deceased did not have time to publish his book, but the manuscript remained. The same applies to works of art, graphic design, music and the like.

When entering into an inheritance, all copyright works of the testator are assessed to understand the value of the items or the expected profit from the intellectual property of the deceased.

Experts who conduct examinations must have appropriate education and all certificates and licenses to carry out activities.

Sale and purchase of an inherited apartment

In the case of selling an apartment received as an inheritance, it is better to wait three years. Then the act of sale will not be subject to tax. If the sale is made earlier, the tax amount will be 13%.

When purchasing an apartment that has been inherited by the selling owner, there is a risk of facing claims from other heirs. Among them there may be those who did not know about this inheritance. And then the time frame for consideration of the inheritance case may occur much later than the death of the testator, from the moment when the new heirs learned about the existence of this apartment.

A separate danger concerns the indication of an underestimated cost of an apartment in documents. The seller is interested in specifying an amount of no more than a million rubles in order to avoid taxation of the transaction. But in case of claims, the new owner will be able to return only this amount specified in the sales deed.

Sometimes there are cases bordering on fraud. The most common is that the heir, knowing that there are other claimants to the inheritance, takes possession as soon as possible and hurries to sell the resulting apartment. In this case, claims against the new owner are inevitable. To avoid all the cases described above when buying an apartment:

You need to find out about the presence of other heirs;
Do not allow any fraud with the sale amount in the documents and taxes on it;
Conclude all contracts strictly according to the law.

It is important to take into account all the legal aspects of transferring and inheriting an apartment. Otherwise, you may face a number of serious financial and legal risks.

Features of inheritance of real estate with a mortgage

In accordance with paragraph 1 of Art. 1175 of the Civil Code of the Russian Federation, the heirs of the deceased are jointly and severally liable for his debts. When you get an apartment encumbered with a mortgage loan, all debt obligations fall on the legal successors. If there are several of them, then each carries its own volume.

A citizen has the right to refuse to inherit a mortgaged home if they do not want to repay the loan. Then the property can go into the state fund.

You can contact the insurance company due to the occurrence of an insured event - the death of the insured person. In fact, the natural death of a person does not always fall under the terms of the concluded contract.

Another option for resolving the issue, if a person accepts property, is to agree with a banking organization on restructuring the loan or selling real estate and paying off the debt with the money received.

Acceptance of inheritance or refusal: is it possible to change your mind?

It should be noted that the act of accepting inherited property means agreeing to receive everything that is due to the heir , including any property the presence of which may be discovered after the acceptance has taken place.

On the other hand, if one heir has officially formalized the acceptance of the inheritance, this does not mean that it is automatically accepted by the other applicants.

Registration of inheritance cannot be considered an irrevocable legal procedure. During the six months allotted for resolving inheritance issues, you can reconsider your decision and, for example, renounce your part. It happens that a notary has every reason to consider a person to have actually accepted his share, but he denies this in every possible way; this controversial issue can be resolved without much red tape in court.

You can refuse either in favor of a specific applicant, or without specifying those who will get the vacated share.

In the latter case, it will be distributed among all those accepting the inheritance.
You can only refuse once and for all
- this clause does not have retroactive effect. If the refusal is carried out on behalf of a minor or a person declared incompetent, this requires written permission from the authorized guardianship and trusteeship services.

Apartment registration

In addition to being accepted as an inheritance, the received apartment must also be registered with the Russian Register. This is a necessary stage in registering full ownership of real estate. To do this you need to provide:

Application for registration;
Certificate of title to the inherited apartment;
Receipt for payment of state duty;
All documents for the apartment.

In case of violations in the executed documents or for other reasons, registration of the apartment may be refused, but they must indicate the reason for the refusal. Having corrected the violations, you can apply for registration again.

Normative base

All types of relationships between individuals are regulated by the Civil Code of the Russian Federation and many by-laws. Inheritance law in the Civil Code of Russia can be found in Section V, which discusses the general provisions of inheritance (Chapter 61), inheritance by will (Chapter 62), inheritance by law (Chapter 63), acquisition of inheritance (Chapter 64) and inheritance of certain types of property (Chapter 65).

We have already started a series of articles about the procedure for registering and entering into an inheritance. In the current work, we will consider what documents are needed to register an inheritance.

What are the consequences of late registration of inheritance?

It happens that the heirs are in no hurry to accept the inheritance and carry out the procedure for its registration. Receivers can simply use the property of the deceased without registering ownership in any way. The obvious advantage of this is: you don’t have to pay taxes and waste time collecting documents and accepting an inheritance. But in fact, the receivers are using other people's property, which is illegal.

The most difficulties may arise six months after death, when additional claimants to the property left behind appear. In this case, litigation will arise. And for this you will need to prepare all the documents on property rights so as not to lose all the inherited property.

Our article contains a list of documents for entering into an inheritance. But the process of registering inheritance itself is a unique issue. It is best to seek advice from a specialist. On our website you can get a free answer to your question from experienced inheritance lawyers. Our consultants will give a full assessment of your situation, based on the laws of the Russian Federation, and suggest further solutions.

How to register an inheritance for an apartment with or without a will?

In the case where a will was drawn up by the deceased, the first copy remains with the testator, and the second copy is filed by the notary in the archives. The testator indicates in the will any person who he considers worthy of the right to receive an inheritance from him. In the process of opening an inheritance case, the notary sends notification letters to the persons indicated in the document about the existence of the fact of death and the drawn up will.

It is worth noting that if the heirs under the will have changed their place of residence, then the procedure for finding them is not the responsibility of the notary.

If after death there is no information about the existence of a will, there is an option to establish the existence of this document. For this purpose, specialized legal companies operate. If the fact of the absence of a will is revealed, it is necessary to clarify the last place of registration of the testator and begin collecting documents in order to formalize the inheritance according to the law.

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