What to do if the heir has entered into an inheritance, but has not registered ownership?

Inheritance is one of the rights of any citizen, which implies the transfer of property rights from the deceased to his successor. In this case, close relatives who are included in one or another succession order or recipients specified in the will can receive the property.

The right of ownership to the inheritance arises with the recipient immediately after the death of the testator. However, the possibility of disposal will arise only after receiving the necessary documents. Re-registration of an inheritance by will or by law is necessary, for example, for the sale of an inheritance or its donation.

Inheritance: what is it?

Inheritance refers to property received free of charge after the death of the former owner by law or will . In the first case, it is inherited by the closest relatives, according to the law. In the second, the heirs are those indicated in the will ( Chapter 62 of the Civil Code of the Russian Federation ).

The heir has the right to accept or refuse the inheritance.

Cars, apartments, houses and other valuable property are inherited. Real estate is the most common option.

Third category: to determine the hereditary mass and shares

It is important to correctly form the hereditary mass. This must be done before final re-registration. Within six months, the volume is replenished or reduced if it is established that there is a purchase and sale or gift agreement that the testator executed during his lifetime. Re-registration of ownership rights to property that does not belong to the deceased is impossible, since it is not an inheritance. Depending on the category of the hereditary object, the list of documentation changes.

Real estate

It is worth knowing how much each object costs when it is impossible to divide the inheritance in kind. Then the one who carries out the re-registration for himself pays the other applicants the cash equivalent of their shares. An appraisal report is needed to calculate the state duty, which depends on the price of the property. It can be market or cadastral. In the latter case, the prestige of the area is not taken into account when pricing.

Automobile

To re-register a car as an inheritance, you must have a title. An assessment is also carried out to determine the actual value of the vehicle. The year of manufacture, make, model, wear, mileage, participation in an accident, etc. are taken into account. Price is also taken into account when it comes time to share the car between several competitors: one pays a share to the other in order to transfer the vehicle to itself. This is done at the traffic police department.

Cash deposits

The bank does not provide information about deposits even to close relatives of the deceased. In order for the money in the accounts to become available, an inheritance bank order is required, which is also issued by a notary. Re-registration consists of opening accounts to which funds are transferred from the deposits of the deceased. To inherit, it is necessary to prove that the applicant is the successor of the inheritance and what share he holds.

Shares and LLC

The peculiarity of re-registration of such an inheritance is that it needs to be managed during the period of business. Within 6 months, someone must ensure that the heirs receive the securities and businesses in the form in which they were at the time the inheritance case was disclosed. For this purpose, a responsible person is appointed - a manager. When leaving an inheritance under a will, the owner can personally appoint an executor. The executor is responsible for the safety of valuables, for which he is entitled to a reward.

Features of apartment design by inheritance

It is important to understand that the inheritance does not become property on its own. It must be accepted in accordance with the deadlines and requirements established by law. According to Art. 1154 of the Civil Code of the Russian Federation , you need to enter into an inheritance 6 months after the death of the person from whom the rights to the property are transferred . During these six months you need to collect all the necessary documents and contact a notary. The testator accepts or refuses the inheritance.

If the allotted time limit has expired, you will have to prove your rights in court.

An approximate scheme for entering into an inheritance is as follows:

  1. Before the expiration of the six-month period, contact a notary office. In fact, this is enough to get up to speed. The specialist will explain further actions and advise on any legal issues. When visiting a notary, it is recommended to take the death certificate of the person from whom the property is transferred, as well as a document confirming the relationship with the deceased (upon entry by law). If you enter into an inheritance under a will, it is the main document appearing in the transaction.
  2. Collect other documents (papers for the apartment, results of expert assessment, etc.).
  3. Pay the state fee. Its size is regulated by art. 333.24 Tax Code of the Russian Federation .
  4. Six months later, the notary issues a document indicating the right to the inherited apartment.

The heir has the right to choose any notary who will conduct the business. If there are several heirs, the decision is up to whoever contacts the notary first. And in the case when other applicants turn to other notaries, the specialist is obliged to redirect them to the one who took up the matter first.

How to register ownership of an apartment after inheritance?

Entering into an inheritance is only half the battle. The apartment does not become property after this action. To register the transfer of rights to real estate and become the full owner, you need to contact Rosreestr , presenting a package of documents.
But first things first.

Is it permissible to sell property without title?

Civil Code, namely Art. 209 indicates that the full owner of real estate has the right to use it at his own discretion. But this right does not include the ability to dispose of real estate. The decree provides for the transfer of ownership to another person.

This is done, for example, through the sale of real estate. Without completing the relevant documents in your name, you cannot transfer them to another person.

Important! Even if the heir concludes a purchase and sale agreement, no notary will certify such a document, and the buyer will not be able to register his rights to real estate in Rosreestr. Thus, the official execution of the transaction becomes impossible. Legalizing the transaction will require re-registration of documents, which will take a lot of time. As a result, the purchase will become completely unprofitable.

Automatic acceptance of inheritance

The legislation stipulates certain situations, according to which the heir does not have to personally contact a representative of the law:

  • has been living in an apartment for the last six months;
  • pays utility debts and makes other payments related to the maintenance of the property;
  • ensures reliable protection of inherited property;
  • paid off all debts left by a deceased relative.

In Art. 1153 of the Civil Code of the Russian Federation describes methods of accepting an inheritance.

How does inheritance work?

Firstly, it should be noted that there are two ways to inherit an apartment: by will and by law.

In the first option, a person who wants to transfer his property to other persons writes a will for a specific person or for several heirs on the transfer of real estate.

Both close relatives and persons not related to the testator by family ties can be appointed heirs under a will.

According to the law, first of all, immediate relatives can inherit: parents, children and spouses - all of them belong to the heirs of the first line. The second line includes sisters and brothers, grandparents.

To the third - the uncles and aunts of the testator, to the fourth - great-grandmothers and great-grandfathers. In total, there are 7 queues, each subsequent group of relatives is called to inherit only if there is not a single heir from the previous queue.

Documents for applying to government agencies

After entering into an inheritance, it is required to register the transfer of ownership of the apartment in Rosreestr. This can be done by contacting the nearest branch directly or submitting an application remotely through the official website. There is another organization called the MFC. You can also submit a request through this multifunctional center. And he, in turn, after reviewing the papers, transfers the case to Rosreestr.

How to register ownership of an apartment after inheritance?

Note! When submitting an application through the MFC, registration is delayed. Multifunctional centers are intermediaries between Rosreestr and the applicant. In fact, the registration process is complemented by one more step.

The advantage of contacting the MFC is that citizens do not need to look for branches that correspond to their registration. You can use the services of any center. In addition, MFC employees help applicants write the application correctly, which is important for a person who is faced with a similar situation for the first time.

To register an inheritance with the authorized bodies, you will need to write an application and present the following package of documents:

  • passport identifying the applicant (for an individual) or a certificate of registration of an organization (for a legal entity);
  • certificate of right to inheritance - the heir receives it six months after the death of the former owner of the apartment;
  • documents for the apartment (sale and purchase agreement, deed of gift and other papers on the basis of which the deceased became the owner);
  • receipt of payment of state duty.

If several persons claim the inheritance, a certificate of ownership of certain shares will be required.

How to register ownership of an apartment after inheritance?

In addition, the above list in some cases may be supplemented by other documents. For example, if another person acts on behalf of the heir, you will need a power of attorney certified by a notary.

Is it possible to sell an apartment that has not been re-registered?

The question is not idle, especially when the heirs do not intend to use the inherited housing, but want to sell it immediately. According to Art. 209 of the Civil Code of the Russian Federation, only its owner has the right to dispose of property by legal means. It would seem that a conflict arises when the person who accepted the inheritance already owns the property, but cannot sell it.

This is indeed true. It is impossible to sell an apartment registered in the name of a deceased person. A reasonable buyer would never buy such an apartment or house. To register an apartment in the name of the buyer, you need to submit a purchase and sale agreement to Rosreestr, as well as an extract from the Unified State Register confirming the seller’s ownership. And since there was no re-registration, the package of documents will be incomplete.

The situation is similar with a will. You cannot include property in your will that is not in your name. In order for a will to acquire legal force, it must contain all information relating to housing.

If on the date of drawing up the will you do not have an extract from the Unified State Register confirming ownership of the property, then its inclusion in the text of the document makes it void.

Deadlines

As mentioned above, a certificate of receipt of an inheritance is issued no earlier than six months. There are situations when a notary draws it up faster, without waiting for 6 months. As a rule, this is possible in the case when only one person and no one else claims the inheritance. But this is theoretical. In practice, lawyers try to avoid such situations and issue a certificate after six months, as required by law.

As for filing documents for inheritance, this can be done at any time (within 6 months). If they are ok, it will take 1-2 days.

Rosreestr reviews documents within 10 days. When contacting the MFC, the deadlines are extended to two weeks.

If in order to enter into an inheritance you need to contact a notary no later than months before the date of death of the testator, then there are no deadlines for registering real estate with the state. The applicant may contact the authorized bodies whenever he sees fit. And he does not face any punishment for delay.

At the same time, Rosreestr itself has certain deadlines for reviewing documents. And if, after 10 or 14 days from the date of filing the request, the applicant does not receive a response, he has the right to go to court.

Resolving the issue through court

Nobody wants to think about their own death. But if a person has close people to whom he wants to leave property as an inheritance, then it is better not to be careless with this issue, but to take the necessary actions so that the heir can freely use the property.

Even without a will, they may face additional difficulties due to the need to prove the fact that the deceased relative was the actual owner of the property.

For clarity, consider the following example.

Citizen Soloviev actually inherited the apartment from his father. He owned it throughout his life. After death, children who wanted to receive an inheritance had a problem. The fact is that the grandfather did not formalize the inheritance for his son, and the latter accepted it only in fact, but not legally.

Therefore, children who are heirs must prove the fact that the father owned the property throughout his life, and in addition, that the grandfather was the owner before him. Even if there are no disputes or disagreements between Solovyov’s children, finding documentary evidence of housing is very problematic. To do this, they will have to spend a lot of time finding out all the circumstances of the case, looking for papers and, most likely, contacting the judicial authority more than once.

Another example.

Kukushkina began privatizing her apartment, but died before completing the procedure. Thus, she received neither a privatization agreement nor a certificate of ownership. Her daughter tried to accept the inheritance by contacting a notary office. However, this apartment is not listed in this body. She also failed to obtain a privatization agreement from the management company. Therefore, the only way out of the situation is to go to court.

Price

When registering rights to an inherited apartment in Rosreestr, you will only have to pay a state fee. Its amount is 2,000 rubles for an individual and 22,000 rubles for a legal entity .

It is not necessary to pay it on the day of application. This can be done both before and after submitting all the necessary papers to the authorized bodies. However, it is important to pay the state fee no later than 2 working days.

If several heirs apply for an apartment, the state fee is divided equally among all.

Payment of state duty

Also, to obtain a certificate of inheritance, you will have to pay a state fee, the amount of which is determined in the Tax Code. Thus, the tax legislation specifies the following tariffs:

  • for reading out the will, the notary charges 300 rubles;
  • to confirm that the signature is real you need to pay 100 rubles;
  • for certification of a hidden will they charge a fee of 100 rubles;
  • if it is necessary to ensure the preservation of the inheritance - 600 rubles.

In addition to carrying out technical work, the heir needs to pay for receiving the inheritance itself. To register an inheritance for an apartment, you need to pay a fee, which is calculated based on the estimated value of the property.

If the amount of the apartment is no more than 100 thousand rubles, then the fee is set at 0.3%, however, this rate applies only to close relatives. And for all other recipients of the inheritance, if the apartment costs no more than 1 million rubles, a state duty is established in the amount of 0.6% of the cost of the residential premises.

The size of the state tariff for receiving an inheritance by law and by will does not differ. The cost of the tariff always depends only on the valuation of the property.

Warning

There are two ways to assess the value of an apartment or other types of real estate: inventory and market. The heir who is to receive an inheritance for an apartment can independently choose from which value to calculate the state duty.

True, if only a share in an apartment is inherited, then to calculate the state duty, only the market value is taken into account.

Peculiarities of inheriting a non-privatized apartment

As you know, non-privatized real estate cannot be sold, inherited, donated, or made other legal transactions. That is why many citizens are trying to privatize a house or apartment.

How to register ownership of an apartment after inheritance?

The owner of a non-privatized apartment, subject to certain conditions, can inherit his property. The requirements are as follows:

  • the testator submitted an application for privatization shortly before his death;
  • the entire package of documents for privatization has already been submitted to the registration authorities;
  • the application for privatization was not withdrawn by the testator before his death.

That is, there is only one condition: the privatization process has already started, but the deceased did not have time to bring it to its logical conclusion.

If no one started privatization, according to Art. 672 of the Civil Code of the Russian Federation, the applicant for an inheritance can renew the social tenancy agreement. But only if he lived in the same living space as the deceased. In the future, this relative has the right to privatize the apartment.

To renew a rental agreement, you will have to collect a certain package of documents:

  • application to municipal or state authorities;
  • extract from the house register;
  • confirmation of payment of utilities;
  • a copy of the personal account, certified by a notary;
  • basis for transferring apartments into operation;
  • a certificate from the BTI, which will contain a detailed description of the apartment;
  • application to the Arbitration Court.

After reviewing all the necessary documents, the applicant receives permission or refusal.

Is it possible to bequeath real estate?

A person will encounter difficulties if he wants to bequeath or donate an apartment that is not properly registered in Rosreestr. Heirs who have entered into an inheritance but have not registered ownership will be able to own such real estate. But in order to carry out transactions related to the order, they will first have to prove their right through the court.

For this purpose, a statement of claim is drawn up with a detailed description of the property, as well as the method of its transfer. The court will make a decision in favor of the applicant if there is factual evidence that the plaintiff’s actions are lawful, that is, there are relevant documents in favor of this.

To execute a will, the testator must present to the notary a document on ownership, that is, a corresponding certificate issued by Rosreestr.

Possible difficulties

Let's consider special cases that may arise when inheriting an apartment, and also present ways to solve them:

  • if, when submitting an application, it turns out that some document is missing, you can submit it, for which a couple of days are allotted ( if you delay the deadline, the registration may be refused, and you will have to write the application again );
  • During the appraisal work, a violation was discovered in the form of illegal redevelopment and other things - if it was committed by the deceased, the new owner can correct the mistake and avoid penalties;
  • when, according to the will, a share in an apartment, as well as transport, is inherited, you will have to accept everything or refuse everything; taking part of the inherited property is prohibited by law .

Inheritance itself will not cause difficulties if the documents are in order. In case of minor mistakes, you can always find a way out of the current situation. For the heir, this only threatens to waste time.

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Actions if the heir has entered into an inheritance, but has not registered ownership

Below is a list of actions that should be taken in relation to abandoned property:

  • property management, measures for its safety and serviceability, its active use (in this case, you need to stock up on witnesses or testimonies in writing, always with a date)
  • protection of inheritance from third parties (a simple change of locks and constipations will do to fulfill this point; save checks, receipts and contracts)
  • expenses that the heir makes from his own funds for the maintenance of property (care of pets, plants, garden, repairs; keep checks, receipts, contracts with dates and stamps)
  • payment of material debts of the testator (necessarily with receipts), collection of debts from those who borrowed from him.

This is a short list of actions that may be sufficient grounds for going to court and obtaining the desired right.

Such an item as the disposal of the remaining property cannot be fully implemented without documentation. Accounts and securities will be unavailable.

In any case, steps should be taken in relation to the property. If nothing is done in this direction within the established period, the extension of the registration period or recognition of the acceptance of the inheritance in fact will be difficult to prove in court.

Why should you still bother registering your rights?

If the heir entered into an inheritance, but did not formalize ownership, despite his complete freedom regarding the personal use of the testator’s property, his legal rights will be significantly limited.

Even if the property is actually accepted, it will not be superfluous to submit an application to a notary so that an inheritance case can be opened. If you follow the rule exactly, then he gets 75 (!) years for further legal actions to obtain documents for ownership of property - that is how long a notary is obliged to keep files, even if no action is taken on them.

The legislation does not provide for a time limit within which everything must be finalized, so you can postpone this process until a convenient time.

If there are no bills or securities in the estate, the heir has lived in the house for a long time and pays for everything, then there is no need to rush.

But, besides bills, other actions with property will be unavailable (if we are talking about real estate):

  • purchase and sale
  • exchange
  • allocation of shares
  • will
  • pledge
  • registration of other persons
  • other actions that require documentary evidence of ownership.

Also on the topic: Inheritance of an enterprise, LLC, individual entrepreneur

The procedure for re-registration of an apartment after the death of the owner

Each option provides specific options for action based on specific conditions.
If there was no will in principle, the apartment is inherited “in order of priority.”

If, according to the will, it is transferred to a non-relative, then even a close relative living in the premises will not be able to transfer it to himself. Some cases are considered in court.

The non-willed property of a deceased citizen, along with other valuables, is transferred to close relatives. This procedure is called inheritance by law.

The process of rules for the transfer of inherited property is regulated by the Civil Code, where chapters 61-65 define the procedure for inheritance rules and powers.

Chapter 63 stipulates the conditions of inheritance by law.

Preference goes to close relatives:

  • parents and children;
  • spouses;
  • grandchildren inherit by right of representation.

After the death of the owner, a group of applicants from among the persons of the first priority approaches the notary with supporting documentation. The notary opens the inheritance. From the moment of opening, you need to wait 6 months, when it is permissible to present claims from interested parties (see Obligatory share in the inheritance).

After six months, the notary draws up an inheritance estate for the total number of heirs.

The legal norms are explained to them and they are offered, by mutual agreement, to distribute the inheritance into equal shares.

The apartment is often left to the spouse, since it is considered jointly acquired property. Then the remaining participants in the first stage receive other property or money of the deceased. But here, too, the issue of joint ownership is taken into account.

The heir who received the apartment receives a certificate of inheritance, with which he goes to Rosreestr to receive a “Certificate of Ownership”. If relatives are unable to resolve the issue by agreement of the parties, they go to court.

A citizen who has received premises by a court decision goes to Rosreestr with an extract from the court decision and registers ownership.

If there are no heirs in the first line, claims arise from persons who inherit by law in the second or further stages.

If the apartment has been owned for more than 3 years, it is permissible to draw up a purchase and sale agreement. If the property was owned for less than the specified period, the owner will have to pay personal income tax (see Sale of an apartment owned for less than three years).

The deed of gift is drawn up in a notary's office. Usually - according to a standard sample, on a form with protective watermarks. When confirming a close relationship, persons are exempt from the tax deduction, which for others is 13% of the value of the property (see Payment of tax upon receipt of an inheritance and registration of a deed of gift).

In addition, relatives are provided with a discount on the services of drawing up a standard contract.

Confirmation is on a documentary basis. The moment when the parties are related is negotiated with a notary before drawing up a deed of gift (see How to draw up a deed of gift for an apartment).

A gift agreement is a one-sided transaction, but both parties must be present when it is drawn up. The donor writes a statement on the basis of which documentation for the transaction is drawn up. By signing both copies of the deed of gift, the parties transfer the object in the prescribed manner.

It is permissible to draw up papers for the transfer of an object in a legal consultation or real estate company. The parties can carry out the procedure independently, drawing up copies in free form, but taking into account the rules of drafting and legally correct language that does not allow interpretation.

How to re-register an apartment after inheriting

Having received a package of documentation from the donor, the new owner registers the apartment in Rosreestr, based on the drawn up deed of gift.

If relatives transferred the property through a deed of sale, this agreement will become the basis for obtaining a “Certificate of Ownership”.

Drawing up a property transaction agreement is required to form a legal basis. If the transfer of the object is carried out by re-registration at the request of the owner, a precedent will arise of the absence of a title document.

This allows for legal consequences in the form of difficulties in further property transactions with the object. It is likely that you will have to go to court to reinforce the legal grounds.

https://www.youtube.com/watch?v=329-Ar47_k4

The following property transactions are allowed in relation to spouses:

  • deed of gift;
  • purchase and sale;
  • will.

Based on the drawing up of a will or agreements, property will pass from one spouse to the other.

Additionally, there is an expedient option for transferring property between married citizens - a marriage contract.

When drawing it up, it is permissible to make other adjustments to family life.

In this case, the husband or wife transferring ownership of the property chooses the following options:

  1. Transfer the property from the moment the contract is signed.
  2. Make arrangements in the event of divorce or death of the owner of the property in favor of the spouse.

If there is a marriage contract, the provisions of the Civil Law in relation to the persons who drew up such an agreement are canceled. The contract limits the claim to living space even to children.

If it is available, no one other than the spouse has the right to claim to move into the premises without the consent of the owner.

Participation in a property transaction involves the provision of several types of documentation:

  • Passports of the parties and documentation confirming relationship. These are birth certificates and marriage certificates, if the surname of the participant in the transaction changed during marriage (otherwise).
  • Notarized permission from the spouse or other co-owners (if any).
  • Title documentation for the premises. These are purchase and sale agreements, a warrant, a certificate of inheritance, a marriage contract, an extract from a court decision (and others), establishing the right of a person to participate in a property transaction with a given object.
  • Documentation certifying the type of right to the object. This is the “Certificate of Ownership”.
  • Cadastral and technical documentation - cadastral passport, certificate of inventory and technical plan of the apartment from the BTI.
  • Documentation from the housing department - certificates of absence of rent arrears, extract from the apartment register.
  • Certificates of absence of encumbrances and pledges on the alienated object.

As you can see, the legal support of the transaction does not provide for the cancellation of the provision of the required papers or a reduction in their volume, even in the case of the sale of real estate to a close relative.

If only the right to an apartment is alienated, and the balance of the debt remains with the payer, the contract must be re-signed with the bank employees. In any case, the owner's ownership will come into force only after the loan obligations have been repaid.

If the property is re-registered together with an outstanding loan, the right to the apartment is transferred, with the transfer of the encumbrance to the new owner. The mortgage is reissued according to an algorithm established by investors.

The procedure will require an application to the bank, providing detailed information about the participant in the transaction.

We suggest you familiarize yourself with How to write a will for an inheritance sample

The deal will take place subject to the bank's approval of the buyer. He is interested in the only criterion - solvency. After receiving the bank's consent to the transaction, the object can be transferred in a way chosen at the discretion of the parties.

If the borrower pays off debt obligations ahead of schedule, the property is transferred without encumbrances, without obtaining permission from investors (see Sale of an apartment with a mortgage).

Beyond the scope of these actions is the transfer to a close relative of social non-privatized housing, which is used on the basis of a social rental agreement concluded with the administration of the locality. Such housing is transferred only with the permission of the head of administration.

The owner needs to go to the local executive committee and write an application with a request to re-register social rent in the name of a relative. The application indicates the passport details and degree of relationship of the citizen claiming to be the copyright holder.

The decision is made by the administrative commission. After its acceptance, the applicant is notified that an extract from the decision is ready, which is prepared within 3 days. Here they will issue a permit with which citizens need to go to the administration to conclude a new rental agreement and terminate the old one. The procedure is subject to inclusion in cadastral records.

It is most advisable to use an additional agreement to the main social tenancy agreement when drawing up an assignment agreement.

It consists in the assignment of the rights of one person in favor of another, who, thus, acquires a legal basis for the disposal of housing. Sometimes regional municipalities prefer these types of transfer of rights.

If a deed of gift is drawn up in favor of a minor child or a person under the age of 18, the following types of re-registration are permissible:

  1. The deed of gift is drawn up in favor of the incompetent owner with a deferment until the age of majority. A person under the age of 18 (14) is represented by his legal representatives.
  2. A will allows for the execution of a testamentary refusal when a person who does not have the right to dispose of the housing remains in the apartment transferred to the heir. In his favor, guarantees are provided for the use of the premises throughout his life. Such settlement is considered to be a burden on the owner.

When transferring an object, in this case it is necessary to preserve the rights of the person living on the basis of a testamentary refusal. If the transfer is made to a close relative, the terms of the testamentary refusal may be transferred along with the real estate.

When children under 18 years of age are registered in the re-registered territory and will remain in the living space after the transfer of rights, it is advisable to obtain a certificate from the department of guardianship and trusteeship authorities stating that their constitutional interests have not been violated.

  • The current inheritance law provides for two possible options for inheriting an apartment after the death of the mother.
  • This:
  • It should be borne in mind that if there are debts behind the apartment, for example, to pay utility bills, then not only the real estate, but also the debts associated with it will go to the heirs.

What to do with debts or deposits

Often the receipt of inherited wealth is overshadowed by the debts attached to it.

Deadline for registering property rights after inheritance
Debts from inheritance

This division includes:

  • communal apartment
  • loans
  • loans
  • installments

Often, creditors who endlessly call their borrowers respond with death threats in order to save their relatives from the debt trap in the form of a credit chain. It should be noted that payment responsibilities smoothly pass to the heirs.

There is only a legal way out for this unpleasant situation:

Refusal to inherit, transfer your share to others who were in line to receive similar rights, perhaps they will find funds to cover debt obligations. Applying to the court with a claim to appeal against the actions of credit institutions

The court will take into account the financial situation, the status of the heir, and will make an appropriate decision: on reimbursement of funds or recognition of bankruptcy.. A completely different approach and mood when, instead of a debt, a bank deposit is discovered in the account of a deceased loved one

Deposit money is given in the same way as when receiving real estate by right of inheritance

A completely different approach and mood when you discover, instead of a bank deposit debt, in the account of a deceased loved one. Deposit money is given in the same way as when receiving real estate by right of inheritance.

The basis is:

  • A will issued by a notary after death or a certificate received in hand confirming the last wish. Such a document is filled out in strict legal form in the presence of a notary; he must confirm the authenticity of the intentions and the signature placed under it.
  • A notarized representation can be a representation of the right to own a share of all money deposited in bank accounts.

Deposits are transferred from one owner to another without additional mandatory payments. It is not the duty of bank employees to look for heirs, but one of them must be present when the will is drawn up in the bank for further storage of the paper in this place.

Then finance can be obtained by:

  • passport
  • extracts
  • death certificate

Close relatives have the opportunity to take advantage of the request - to give out these funds for funeral expenses. All heirs have a direct responsibility to register their rights to the received property and independently collect title documentation.

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