Registration of a house and land plot by inheritance

Every citizen of the Russian Federation has the right to receive an inheritance. After a person dies, all his acquired property is transferred to his successors. The circle of such persons is determined by law or in the will at the discretion of the testator. Often the object of the inheritance estate becomes real estate. Further in the article we will consider all the nuances of registering a house by inheritance and the documents that need to be prepared for such a procedure.

Procedure for opening a case

Before the heirs file an application to accept the inheritance, one of them must submit a petition to open an inheritance case. It must be opened by a notary in the place where the deceased most recently lived and was registered. When it comes to real estate, most often the heirs send a request to open a case at the place where the property is located.

If the owner has recently been permanently living abroad, and his house is located in Russia, then the heirs will have to contact the Russian notary at the location of the property. If they have a private home abroad, they will have to submit documents there and receive a certificate of property through a consulate or other organization that has the right to engage in such activities.

An application to open a case must be submitted within six months from the date of death of the testator, so you will have to submit his death certificate and other papers; collecting them will take some time.

After opening the case, the heir can decide what to do next, accept the inheritance or refuse. The notary who opens the case will conduct it. When the necessary documents have been submitted by all the heirs who wish to claim their rights, he is also obliged to identify other persons who can lay claim to the property.

These include persons:

• having the right to an obligatory share of property;
• conceived and unborn children;
• citizens about whom interested heirs hid information.

The final stage of opening a case should be an application for acceptance of the inheritance or a written refusal, and each potential heir is obliged to submit one or another petition to the notary’s office, in another case - his legal representative.

If all heirs are identified and there are no disputes between them, then the notary is allowed to issue them certificates of inheritance rights ahead of schedule, before the expiration of 6 months

After opening a case, he will be able to issue certificates after 6 months, if it is necessary to carefully check all documents and encourage other persons to inherit, and also when:

• a conflict situation arises between the heirs, one of them wants to distribute the property of the deceased in a different order;
• one of the heirs will miss the deadline for filing an application to accept the inheritance;
• if the issue of inheritance has to be resolved in court;
• in other cases.

When can I inherit?

According to the laws of the Civil Code of the Russian Federation, entry into an inheritance is possible after six months from the date of death. If after this time the heirs have not shown up, then the right to transfer the property expires. In this case, you can still claim the property. True, a compelling reason is needed to explain the violation of the entry deadlines. The justification must be documented in the form of evidence:

• certificates from a doctor in case of long-term illness;
• certificate from place of work;
• testimony that the applicant was not notified of the death of a relative.

You can register an inheritance using the following methods:

1. Legal heirs have the right to own the property of a deceased relative without filing an application. The line of heirs is established on the basis of articles 1142–1146, 63 chapters of the Civil Code of the Russian Federation.
2. Through a notary. Heirs can write an application requesting a document confirming ownership (certificate).

The testator has the right to draw up a will during his lifetime, including heirs there at his discretion. Here he can deprive even the closest relatives of the right to property. The document is notarized and published within the time limits established by law.

A sample application for acceptance of inheritance is available here (.docx format).

A sample application from a first-rank heir to accept an inheritance is available here (.docx format).

The first method of transferring inheritance has a significant drawback. Participants will not be able to prove which property rightfully belongs to whom. By registering property with a notary, individuals receive an appropriate certificate. With such a document, the heir will be protected from encroachment by other relatives on the property he received.

Kinds

A country house on land that falls within the boundaries of a populated area, or a dacha located on plots for individual construction, can pass to the heirs based on a will or by law in the order of priority provided for by the Civil Code. Inheritance legal relations are regulated by Part 3 of the Civil Code. At the stage of filling out an application for acceptance of property, the heirs should come to the notary with a will or documents proving kinship with the deceased.

If the will was not executed by the owner or one of the heirs does not agree with the share that the testator determined for him, there are facts that the last will of the testator was expressed under duress, then he will be able to resolve all controversial issues only in court. Often, former or common-law spouses claim their rights to the property of the deceased, although according to the law they have no rights to it.

Separately, it is necessary to say about the compulsory share (Article 1140); in any case, it is due to a minor or disabled citizen who was dependent on him during the life of the owner. If the notary identifies such persons, then, despite the presence of a will, he is obliged to call on citizens to inherit, formalize and allocate to them the due share of the property.

The obligatory share cannot subsequently be realized, because its purpose is material support for a needy citizen who was previously supported by the deceased. When it comes to a house (dacha), such an heir will receive a part of it; others, even if there is agreement between them, will not be able to sell this house in the future.

In law

In the Civil Code, the lines of inheritance of the property of a deceased relative are allocated ch. 1142–1145. Inheritance by law must occur in order of priority and by right of representation.

Article 1142. Heirs of the first stage

Article 1143. Heirs of the second stage

Article 1144. Heirs of the third stage

Article 1145. Heirs of subsequent orders

The legislator considers the first stage of heirs to be:

• spouse of the deceased;
• his natural and adopted children;
• father and mother.

If any heir of the 1st line is absent (spouse, children) or renounces his rights, then others from the 2nd line of inheritance must take his place. The heirs by right of representation in this case will be the grandchildren and great-grandchildren of the testator. This means that in the event of the death of a first-degree heir, which occurs earlier than the testator or together with him, the heir’s descendants must inherit the property.

The legislator includes siblings and grandparents in the second stage; in this case, nephews will be heirs by right of representation.

The third line consists of the aunts and uncles of the deceased, and the heirs by right of representation are cousins, full-blooded and not. Thus, when inheriting property according to the law, the notary and the court have to take into account the interests of citizens, whom the legislator places in 8 stages.

If we talk about the marital share of the deceased, then it is 50% of the value of the house, which passes to relatives by inheritance. In fact, the spouse receives by law half of the joint property in an official marriage.

The remaining 50% must be distributed among the spouse, children and parents. A common-law spouse or someone with whom the deceased divorced before the opening of the inheritance cannot have inheritance rights to the house unless he proves in court that during his marriage he took part in the fate of the deceased’s property, which increased its value.

By will

The procedure for inheriting a house, as well as other property of the deceased, subject to further state registration, on the basis of a testamentary document is specified in the Civil Code, Ch. 62, art. 1118–1140. It is believed that the testator sets out his last will in the document and allocates parts of his property to specific individuals as he sees fit.

The testator may deprive any of the potential heirs of a testamentary document, or even include a stranger there. Despite this, the legislator allows any heir to challenge the last will of the testator in court, which is very often done by the spouses (legal, former, common-law) of the deceased.

If the testator specifies only a circle of persons to whom the private house should be transferred after his death, then the property must be divided between them.

There are certain requirements for the execution of a will; it must be declared invalid by the court upon the application of the interested person. But even a notary has the right to refuse to formalize an inheritance based on a document that was not drawn up in accordance with the requirements of the law.

The notary must establish whether the document presented was canceled or changed by the deceased during his lifetime, about which the notary who executed it must put a mark on the will. There may be several testamentary documents, and each of them will cancel or supplement the other; their number must be determined by the notary.

When the will of the deceased is announced by a notary reading the will, not only the persons indicated in it, but also the heirs at law must be present.

Despite the fact that the heirs wish to cancel the testamentary document or change the last will of the testator in court, they are required to submit an application for acceptance of the inheritance to a notary within 6 months from the date of opening the inheritance case. He will not be able to issue them a certificate of title to the inherited property until a court order is issued. Cancellation of a will by court does not imply the termination of the rights of the direct heirs; in this case, they will receive the property of the deceased according to the law, according to the order.

Refusal of part of the inheritance is not allowed: either complete refusal or complete acceptance. Find out how to challenge an inheritance under a will for an apartment by following this link.

Registration of a house and land plot by inheritance

» Division of inherited property October 18, 2020

How to register an inheritance for a land plot

The issue of inheritance of land plots is regulated separately by law. However, when registering land plots as property by inheritance, citizens encounter certain difficulties.

According to the law, land plots can belong to citizens on the right of ownership, the right of lifelong inheritable possession or the right of permanent (perpetual) use.

Ordinary citizens may not be aware of these nuances of legislation; however, the registration of inherited land has a number of its own legal features and nuances.

Thus, with the entry into force of the Land Code of the Russian Federation dated October 25, 2001 N 136-FZ, land plots are no longer provided to citizens on a permanent (indefinite) basis.

However, the previously established right of permanent (indefinite) use remains with citizens. With the death of a citizen, the right to permanent (indefinite) use of a land plot, without being inherited, ceases, since this right cannot be disposed of.

Thus, the right of lifelong inheritable possession, in contrast to the right of permanent (perpetual) use, is inherited. The only way to dispose of the right of lifelong inheritable ownership is to transfer it by inheritance. The right to lifelong inheritable ownership can be transferred both by law and by will, and only to citizens (it is impossible to transfer them by inheritance to legal entities of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations).

According to the law, when inheriting a land plot or the right to lifelong inheritable ownership of a land plot, the surface (soil) layer, water bodies, and plants located on it within the boundaries of this land plot are also inherited, unless otherwise established by law.

Contact a notary

Land plots are inherited on a general basis. They can be inherited both by law and by will.

It is necessary to contact the notary at the last place of residence of the testator with an application for acceptance of the inheritance or with an application for the issuance of a certificate of the right to inheritance within six months after the death of the testator.

We are often approached by citizens of the Russian Federation who are outside our country and are not ready to physically spend their time traveling to a notary and collecting all the necessary documents. In such cases, it is possible to accept an inheritance through a representative (it is best to involve specialists for this purpose - lawyers from the Bastion College in the field of inheritance and land law, since related land legal issues are not excluded in the future - this will be discussed below), if The power of attorney specifically provides for the authority to accept an inheritance.

If the heir has taken measures to preserve the land, for example:

• put up a fence,
• cultivates the land
• makes expenses
• pays land tax

then this indicates the actual acceptance of the inheritance.

In order to avoid disputes about the boundaries and size of the land plot, its composition, the heir must submit to the notary not only the testator’s title documents, but also documents describing the object of inheritance. Discrepancies in the size, location, category of purpose and permitted use of the land plot will prevent its inclusion in the inheritance mass.

Nuances of current legislation

There are certain features of inheritance of land plots from agricultural land. They are provided for by Federal Law No. 101-FZ of July 24, 2002 “On the turnover of agricultural land.” Inheritance of a land plot that is part of the property of a member of a peasant (farm) enterprise is regulated by Art. 1179 of the Civil Code of the Russian Federation. If a land plot is part of an enterprise, then its inheritance is carried out according to the rules of Art. 1178 of the Civil Code of the Russian Federation.

Heirs of unfinished construction objects located on a land plot granted to the testator on the right of permanent (perpetual) use acquire the right to use the corresponding part of the land plot on the same conditions and to the same extent as the testator in accordance with the intended purpose of the land plot.

If buildings, structures, structures belonging to the testator, located on a plot that the testator owned on the right of permanent (perpetual) use or lifetime inheritable possession, are destroyed before the opening of the inheritance, the rights to the land plot are retained by the heirs for three years after the destruction of the building, structure, structures, and if this period was extended by the authorized body - during the corresponding period.

After the specified period, the rights are retained by the heirs, unless they were terminated in the prescribed manner and subject to the start of restoration of the destroyed building, structure, or structure.

A share in the right to a land plot is inherited according to the general rule. A plot of land can be inherited into the common shared ownership of the heirs.


By agreement between the heirs, the land plot can be divided. An agreement on the division of inheritance can be concluded both before and after the state registration of the heirs’ rights to real estate. In relation to the inheritance of land plots, in the first case, such registration is carried out on the basis of both a certificate of inheritance rights and an agreement on the division of a land plot. After state registration of the property rights of the heirs - only on the basis of an agreement on the division of the land plot. The division of a land plot owned by heirs under the right of common ownership is carried out taking into account the minimum size of a land plot established for plots of the corresponding intended purpose.

If it is impossible to divide the land plot, the land plot passes to the heir who has the priority right to receive this land plot against his inherited share, and the remaining heirs are provided with compensation. When none of the heirs has a preferential right to receive a land plot or has not exercised this right, the ownership, use and disposal of the land plot are carried out by the heirs on the terms of common shared ownership.

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It is necessary to take into account that currently there is also a simplified procedure for registering ownership of a land plot. It applies if the rights to a building (structure) located on a land plot being registered as ownership have been transferred to a citizen by inheritance.

This right is regulated by the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation,” which provides that a citizen of the Russian Federation has the right to acquire free ownership of a land plot that is in his actual use, if such land plot is located House.

The right of ownership of a house should have arisen in a citizen before the day of entry into force of the Land Code of the Russian Federation or after the day of its entry into force, provided that the citizen acquired the right of ownership of a residential building by inheritance, and the testator’s right of ownership of a residential building arose before the day implementation of the Land Code of the Russian Federation.

Citizens to whom ownership rights to buildings, structures and (or) structures located on land plots in state or municipal ownership have been transferred by inheritance, have the right to register ownership rights to such land plots, except in cases where, in accordance with the federal By law, such land plots cannot be provided for private ownership.

Judicial procedure for registration of rights to a land plot


There are often cases when notaries refuse to issue a certificate of inheritance rights to a land plot, then disputes about rights to a land plot become the subject of consideration in court.

This happens, for example, if the deadline for entering into an inheritance is missed, or the necessary documents are missing, the property of the testator is not properly registered, as well as in cases where there are disputes between the heirs or it is necessary to establish some legal facts.

If you miss the six-month deadline for accepting an inheritance established by Article 1154 of the Civil Code of the Russian Federation for a good reason, you should apply to the court to restore the deadline for accepting an inheritance.

Consideration of claims for recognition of ownership of land plots falls within the competence of the courts operating at the location of the land plots. All persons entitled to inheritance must be present at the court hearing, because the court's decision will affect their interests.

Ownership of a land plot can be recognized in court if the boundaries of the plot have been formed, land surveying has been agreed upon with adjacent land users, a diagram of its location on the cadastral map of the territory has been approved, and cadastral registration has been carried out. It is important to determine the cost of the claim. The price of the claim in this case follows from the cadastral value of the land plot, which is indicated in the cadastral extract.

The court has the right to recognize the heirs' right of ownership by way of inheritance to a land plot provided before the entry into force of the Land Code of the Russian Federation for the conduct of personal subsidiary plots, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction on the right of permanent (perpetual) use, provided that the testator applied in the prescribed manner to register the ownership of such a land plot (except for cases where, in accordance with federal law, such a land plot cannot be provided for private ownership).

A claim for recognition of rights filed by persons whose rights and transactions in relation to the disputed property have never been registered may be satisfied in cases where the rights to the disputed property arose before the entry into force of Federal Law dated July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” and were not registered or arose independently of their registration.

A court decision recognizing ownership rights that has entered into legal force will be the basis for state registration of ownership of a land plot. You can also clarify all the necessary information from a lawyer as part of an oral consultation on land law about the procedure for registering rights on the basis of a judicial act that has entered into legal force.

what documents are needed to register a house and land by inheritance?

So, you inherited a house and land and don’t know how to properly draw up the documents. There are two options for receiving an inheritance: by will and by the right of consanguinity. The first thing you need to do is go to a notary. A preliminary conversation can also be held by a notary's assistant, who will tell you what documents need to be collected in order to enter into inheritance rights for the house and land. 1. Death certificate of the person whose heir you are. Be sure to make several copies certified by a notary. They will be useful to you when completing all other documents. 2. You must have documents that will show the degree of relationship between you. This could be your birth certificate, marriage certificate. There may be a copy of the court decision that established your relationship with the deceased person for whom you are the heir. If your last name has been changed, then you will definitely need a certificate from the authorities confirming your previous last name. A will is also provided if you were not related to the deceased, but are entering into inheritance in accordance with his last will. 3. You must provide a certificate from the house administration about the place of residence of the deceased, where he was registered at the time of death. 4. Be sure to provide your passport or other identification document. 5. A document that confirms the deceased’s ownership of the house and land. A cadastral passport of the land plot that is being inherited is required. 6. Extract from the unified land register 7. And submit your application, in which you indicate that you want to enter into inheritance rights. Remember that you can submit the listed documents only 6 months after the death of the person whose heir you are.

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Practices

Inheritance is understood as the transfer of the property of the deceased (testator) to other persons (heirs) in the order of universal succession.

Land plots and real estate (including country houses and gardens), which belonged to the testator under the right of ownership or the right of lifelong possession, may be included in the inheritance. Possession, use and disposal of the plot (if none of the heirs has a preferential right to receive the plot or has not used it) is carried out on the terms of common shared ownership. The division of a land plot between several heirs is carried out taking into account the maximum minimum plot size established for plots of the corresponding permitted use.

Acceptance of inheritance (entry into inheritance)

The Civil Code of the Russian Federation establishes that in order to acquire an inheritance, the heir must accept it (enter into the inheritance).

Consequently, in order to enter into an inheritance, a citizen must take actions aimed at acquiring the inherited estate (dacha, garden plot, etc.) or renouncing the inheritance.

Thus, a potential heir must, within six months from the date of death of the testator, apply for acceptance of the inheritance to the notary at the place of opening of the inheritance (the last place of residence of the deceased).

There is no specific list of documents for inheritance. The primary required document is a citizen’s passport or other document identifying the applicant.

After accepting the application, the notary will request a list of documents that will be needed to formalize the inheritance.

Thus, the heir must document the grounds for being called to inherit or the fact of his acceptance of the inheritance.

In addition, the heir must submit documents confirming

the testator's rights to the land plot and house (certificate of ownership, extract from the Unified State Register of Real Estate

If there is no dispute about the right between the heirs and six months after the opening of the inheritance, the notary issues a certificate of the right to inheritance.

Registration of ownership (registration)

Rights to a land plot and a country house received by inheritance are subject to state registration in Rosreestr.

Re-registration of rights to land plots and real estate is carried out by Rosreestr. Entering information into the Unified State Register of Real Estate on the basis of a certificate of the right to inheritance should be carried out after receiving the relevant information from a notary through interdepartmental interaction. Meanwhile, until now, due to the lack of technical capabilities, this procedure has not been applied. In this regard, the heir must independently contact Rosreestr (the request is submitted through the MFC) with an application and supporting documents.

In addition, an application for registration (registration) of rights can be submitted by the notary who issued the certificate of inheritance.

The completed state registration of property rights is certified by an extract from the Unified State Register of Real Estate (extract from the Unified State Register of Real Estate).

The amount of the state fee for registering property rights depends on the type of object being registered. For most objects it is set for individuals in the amount of 2,000 rubles.

Refusal to inherit a land plot

During the period of acceptance of the inheritance, the heir may refuse it in favor of other persons or without identifying specific persons. Such a waiver cannot be modified or waived.

Refusal is not allowed:

from property under a will, if it is bequeathed to specific persons

if the heir is assigned an heir

You cannot specify reservations or any conditions

from the obligatory share in the inheritance, etc.

How to enter into an inheritance if the land plot is not privatized (the right to the land is not registered)?

If the deceased owned real estate by right of ownership, for example, a plot of land and/or a country house, the right to this property passes to the heirs regardless of the state registration of the right to real estate.

In the event that the property right of the testator has not been registered in the Unified State Register of Real Estate, the title documents are documents confirming the basis for the transfer of the right in the order of succession, as well as documents of the testator indicating his acquisition of ownership of real estate.

In some cases (for example, in the absence of all the necessary documents), property rights will have to be recognized by inheritance in court.

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The procedure for registering an inheritance for a house with land

The procedure for registering an inheritance for a land plot with a house is regulated by Part 3 of the Civil Code of the Russian Federation. This is one of the difficult situations in which people face scams. Therefore, it is very important to stock up on information on how to correctly register an inheritance for a house and land.

Acceptance of inheritance for a house and land

The initial stage, after the intended heir learns about the death of a relative, is to contact a notary at the place of residence of the deceased (regardless of the location of the land and house) to submit an application for acceptance of the inheritance. Please note that it is necessary to contact a notary within six months from the date of death of the testator.

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At the first visit, the notary will explain the rights of the testator and advise on the documents that need to be collected to apply for acceptance of the inheritance. But, in order not to waste extra time, it is better to find out about this from other sources and come to the notary with the necessary documents to accept the inheritance.

If there is a will, it is also attached to the deed. Even if the heir does not provide a will, the presence of such paper must be checked at the notary office at the place of residence of the testator. It also happens that a will is not drawn up in the place where the deceased most recently lived.

In any case, the notary in charge of the inheritance case checks its availability by sending a request to the central notary office. The latter has access to the database of all subordinate institutions. If such a document is identified, the heir writes a statement about its publication.

The second stage is the preparation of a certificate of transfer of inheritance

Based on the above documents, the notary conducts the case of transfer of inheritance. After verifying their authenticity, it proceeds to the stage of issuing a certificate of the heir.

This requires a set of additional papers:

• certificate from the last place of residence of the deceased testator
• registration documents for a house with a plot
• owner's death certificate
• a will with a note that it is the last (if there is one)
• heir's passport
• receipt of payment of state duty
• marriage certificate of the heir (if he is married)
• assessment of the market value of a plot with a house
• child’s birth certificate (if available), etc.

Based on the submitted documents, a certificate of inheritance is issued, which is submitted to Rosreestr for property registration.

Difficulties in registering inheritance of land with a house

Obtaining an inheritance for a house with land is one of the complex processes associated with controversial issues. This process is especially difficult when there are several heirs. It happens that the owner bequeaths a house to one heir, and a plot to another heir, and neither one nor the other agrees with such a division of the inheritance.

The issue is resolved in court in favor of the heir who has the priority right (lives in the house, is involved in its maintenance, etc.), and the second heir receives monetary compensation for his share.

Note! If there are several heirs, then when determining the shares, the minimum size of a plot of land established by law is taken into account.

If an equal division is not possible, the heir with advantages has the opportunity to acquire the shares of the remaining heirs. And when all heirs have equal rights, they receive equal rights to dispose of the land and the house. The division is carried out by agreement of all heirs.

Problems when dividing an inheritance into a house and land can arise in various situations; sometimes court proceedings to resolve them last for months or even years, which is due to many shortcomings in our legal system. In such cases, you can only rely on a qualified inheritance lawyer.

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Registration of property by inheritance



The heir receives rights to the property of the deceased testator within six months after the death of the testator. But he will be able to decide the “fate” of this property only after the official registration of property rights.



Registration of a land plot received by inheritance

By inheriting a plot of land, the heir can receive a document confirming the right of ownership of this property. But the document will be issued only if there are no obstacles.

The presence of a certificate of inheritance is not the final stage in the registration of real estate. A land plot, like all real estate, must undergo state registration (Article 131 of the Civil Code of the Russian Federation). Only after completing this procedure will the property become private property (clause 2 of Article 223 of the Civil Code).

Note! To register rights to a land plot, the heir must contact the Federal Service for State Registration of Cadastre and Cartography (Rosreestr), as well as any local branch or Multifunctional Centers (Article 9 of Federal Law No. 122).

Instructions for registration rules are found in Federal Law No. 122, issued on July 21, 1997. Information can also be found in the Guidelines.

In accordance with the provisions of these regulations, the successor must submit to one of the above-listed state bodies a request for registration of the land plot received by him by inheritance.

Documents required for the registration procedure:

• A document certifying the right of the given successor to inheritance
• Applicant's passport
• Documents confirming the deceased owner’s ownership of this plot
• Cadastral documents, boundary plan, etc.

Registration of rights to real estate requires payment of a certain state fee. In case of registration of the entire plot, the amount of 350 rubles is paid. If the heir owns only a share in this property, he pays 100 rubles (Article 333.33 of the Tax Code of the Russian Federation). Do not forget that the state fee is paid before submitting documents.

Important! Documents must be accepted against signature!

Having received a package of documents, Rosreestr will definitely check their accuracy and certify it accordingly (Article 13 of Federal Law No. 122). Also, the information required according to the requirements will be entered into the Unified State Register.

After the procedures have been completed, the heirs can receive a certificate of ownership of the land. In paragraph 3 of Art. 13 Federal Law No. 122 talks about the time frame during which the registration procedure will be carried out. This period corresponds to ten working days from the date of submission of documents.

Registration of a house received by inheritance

If you inherited a house, this does not mean that you can immediately own it as an owner. To do this, you need to take some actions. First of all, you should contact the notary who opened the inheritance, submit an application to him and submit a certain package of documents.



List of required papers:

• Statement
• Certificate of ownership of the testator to the house
• Heir's passport
• Marriage document
• Cadastral documents
• Papers from the place of residence of the testator
• A document evidencing the right to inheritance
• Application for registration
• Papers required to register ownership of real estate.

Algorithm of actions when registering a house received by inheritance:

Who will get the inheritance if the heir is silent?

How to find out about opening an inheritance case, read here.

Registration of an apartment received as an inheritance

As in the case of inheriting a house, the apartment will become the property of the heirs after it is registered with Rosreestr. And for this you still need to go through several stages. Of course, we are talking about accepting inherited property and obtaining a certificate of the right to inherit the apartment.

And then you should start registering the apartment, the basis for which is a certificate issued by a notary. The registration of the apartment will be handled by the territorial registration service.

You need to bring there the documents required for this procedure:

• receipt for payment of mandatory state tax
• statement
• inheritance document
• heir's identity card
• title documents for the apartment
• an extract from the house register, which indicates all the persons registered in this apartment; a note on the extract of the deceased owner
• cadastral documents.

Important! Recently, an extract from the house register and cadastral documentation are not considered mandatory documents for registering property rights.

Sometimes several heirs become heirs to an apartment at once. Having received a certificate from a notary, they divided the property, allocating each owner a share. It does not matter where the apartment is located, even if it is an apartment building.

If the heirs cannot come to a common decision on the issue of apartment registration, they have to go to court and there the issue of state registration of the apartment will be resolved.

Note! According to a court decision, the certificate of ownership will indicate not the inherited part of the apartment itself, but its size. The use of common areas is also stipulated.

The period allocated by law for the transfer of ownership rights from one owner to another is 10 days. At the same time, the submitted documentation is checked and certified. After the expiration of the period specified by law, the heirs will receive their share of the inheritance.

Registration has passed, and now the treasured document is in the hands of the new owners. Now they can freely dispose of their property.

Registration of a car inherited

When a car becomes the object of inheritance, it must be re-registered to the new owner. This procedure is carried out by the traffic police.

Attention! Re-registration of a car received by inheritance must be done within 10 days from the date of receipt of the certificate of inheritance (Order of the Ministry of Internal Affairs of Russia No. 1001 of November 24, 2008 “On the procedure for registering vehicles”).

Documents required for re-registration of a car:

• application for registration
• applicant's passport
• power of attorney (if the registration of the car is carried out by an authorized person)
• vehicle passport
• documents confirming the applicant's right to inherit the car
• compulsory civil liability insurance policy
• check for payment of the mandatory state fee (clauses 36-39, clause 1, article 333.33 of the Tax Code of the Russian Federation).

In addition to documents, the new owner is required to present the vehicle itself for inspection.

The amount of the state duty is influenced by the type of actions performed when registering a vehicle. Examples of actions and amounts of mandatory state fees can be found in the table below:

Name of the action performed during registration

From 200 to 1600 rubles

The cost of the service depends on what material the license plates are made of.

In accordance with paragraph 24 of the Order, car registration is carried out for one person. It does not matter how many persons received it as an inheritance. The heirs must independently decide on the issue of one of them, who will be included in the registration documents.

When all registration actions are completed, the new owner of the car will receive a vehicle registration certificate, a technical vehicle passport (if it is missing), new license plates (if necessary) (clauses 40-42 of the Order).

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Sources: mosadvo.ru, gmstar.ru, zem-advokat.ru, www.gilkod.ru, uropora.ru

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Required documents

The standard package of documents submitted to the notary’s office when registering an inheritance for a house and land includes:

• application for entry into inheritance rights, the heir expresses his will to accept the property of the deceased in full;
• death certificate;
• an extract from the house register or the house register itself, confirming the place of last registration of the deceased; if he was registered in the house, then you will have to present the book;
• passport(s) of the heir(s), if everyone comes to the notary at the same time, then he can collect everyone’s passports with applications, because other documents can only be presented in one copy;
• title papers for the house (certificate of ownership, registration certificate, cadastral);
• documents on the basis of which the deceased received ownership of this house (donation agreement, purchase and sale agreement, etc.);
• a will or document confirming the existence of a family relationship;
• an appraisal report on the value of the house or its parts due to the heirs;
• an extract about the absence of encumbrances on the house or arrest, which is issued by the Unified State Register of Real Estate Rights;
• a certificate of absence of tax debts to the state, in case the house was transferred by deed of gift (issued by the Tax Service);
• others at the request of the notary.

Agreement on the division of inherited property

If a representative acts on behalf of the heir, then he will need a notarized power of attorney, and the heir who has changed his last name will have to present not only a birth certificate, but also a marriage certificate

If there is a plot of land

As stated above, it is impossible to inherit a house without the plot on which it is located. Therefore, you will have to submit title documents for the land, where it will be written that the deceased is the owner. The technical documentation for the site includes a cadastral passport. Separately, it will be necessary to make an assessment of the value of the land that is being inherited.

But in the absence of rights to the land, when the land is owned by the state or a gardening cooperative, it is necessary to submit a document on the basis of which the deceased disposed of the land, an agreement:

• long-term use;
• lifelong ownership with right of inheritance;
• rent;
• another.

If the owner of the house did not manage to register his rights to the land, then it is necessary to attach a document on the basis of which the land should have become property, perhaps it was an inheritance or a gift.

In relation to land, as well as houses, certificates are submitted confirming the absence of encumbrances and tax arrears. If the land is listed as SNT or DNP, then a certificate of the name of the organization and a certified copy of the first 3 pages of its Charter, as well as the address of the site, are required.

Cost and timing of the procedure

Registration of land with house construction by contacting a notary can take a long time.

If you turn to a professional lawyer for help, he will carry out the entire procedure as quickly as possible, taking into account his experience and connections in various authorities.

If this issue is resolved through the court, the situation may drag on and range from 2 to 6 months. Therefore, it is better to choose the first method.

When performing the described procedure, children will incur certain expenses - it will be necessary to pay a state fee to a notary for issuing a certificate of inheritance.

For first-degree relatives (children) you will need to pay 0.3% of the value of the inherited estate, but not more than 100 thousand rubles.

There is an additional small fee for technical work. The amount of this payment is set independently by a specific official in each city or town.

Prices in Moscow and St. Petersburg will be higher than in other regions. If we indicate the cost of the services of a professional lawyer who will formalize everything through the appropriate authorities, then his remuneration can range from 8 to 10 thousand rubles.

Registration of part of the house by inheritance

An heir may become the owner not of the whole house, but only of its part or allocated share, when:

• the sole heir must receive the part of the residential building owned by the deceased;
• the share of the property is transferred to the citizen according to the will;
• There are several heirs by law and each receives his share equal to the rest, except for the marital share, which is calculated initially.

When several citizens inherit parts of a house, the residential building should become their joint property, where everyone will not have their own allocated share, which they can dispose of independently.

The property will be considered common, so the heirs must peacefully come to an agreement and divide the house among themselves. By law, they can dispose of the house only by agreement with each other.

A written agreement can be drawn up by a notary, but it does not need to be certified in a special way. If the heirs do not do this, then the court will divide the house according to its market value. After dividing the house, it will be possible to submit documents to allocate shares to each heir. But for this it will be necessary to remodel and arrange separate entrances for each part of the house.

Nuances that may arise with shares of property

When inheriting a house, some problems may arise. For example, the testator was not the only owner of the house or there was more than one heir to this house.

If there is still only one heir, and the testator had only a share of the house in his property, then it is this share that will pass to the heir. But if there are several heirs for one share, this share is divided among everyone. In this case, the heirs are forced to divide it or buy it from each other.

When inheriting a share, all applicants can receive a certificate, but whether it will be personal or general is up to the heirs to decide. In the inheritance mass, shares can be exchanged by mutual consent between the heirs, as well as shares can be redeemed at the expense of the property located in the same inheritance mass.

Rights of residents

Some heirs may have advantages over others.

For example, when shares of a house are inherited, but the building cannot be divided in kind between the claimants, advantages are given to persons who, together with the owner of the house until the day of his death:

• lived in the house;
• used the house constantly.

In this case, the deceased must be the sole owner. Potential heirs living or using the house together with it should not own any other real estate or under a social lease agreement. If the house had co-owners, then the property right belongs to them, regardless of how long others lived there.

Trial

If you can’t reach an agreement, your only option is to go to court. It is recommended that you try to discuss possible options first. If the potential defendant also does not compromise, you must sign a document stating that you tried to resolve the issue in a pre-trial manner. In some cases, this forces the interlocutor to change his point of view.

Procedure

Algorithm of actions for the judicial division of an inherited house:

1. Pre-trial settlement . Try to come to an agreement with the co-owners and draw up a document about this.
2. Determine the requirements for the defendant.
3. File a claim.
4. Apply to the court.
5. Pay the state fee.
6. Attend court proceedings.
7. Get a court decision. The document will come into force in 30 days.
8. Submit the writ of execution to the bailiffs. If the defendant has not filed an appeal within a month and does not want to comply with the court decision, he should contact the enforcement service.

The executive service can enforce a decision, but in some cases it does not work very quickly. It is recommended to keep the situation under control and clarify the timing of certain actions.

Statement of claim

The statement of claim is drawn up taking into account the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.

The application shall indicate the following information:

1. Name of the court.
2. Details of the plaintiff and defendant.
3. Description of the problem.
4. Plaintiff's claims.
5. List of documents.
6. Signature and date.

Sample statement of claim for division of inherited property

In the statement of claim, it is recommended to indicate reliable information that you can confirm. Of course, it is not always possible to find evidence for everything, but in such a situation it must be taken into account that the court will not take the unconfirmed words of either party into account.

Documentation

The following documents are attached to the statement of claim:

1. Plaintiff's passport.
2. Receipt for payment of state duty.
3. Title documents for the disputed real estate.
4. Evidence that the plaintiff is right.

Both parties can add any other documents if they can influence the court's decision.

Where to file a claim

The statement of claim is filed with the court at the location of the disputed house. This usually suits everyone, since the procedure goes faster and all parties know where exactly the meeting will take place.

If the price of the issue is less than 50,000 rubles, the case will be considered by the magistrate court. But given the need to divide the whole house, only in rare cases will its cost be less than 50,000 rubles. In all other cases, you need to contact the district court.

Expenses

If the parties wish to allocate a part of the house in kind or determine the procedure for using the object, the fee will be 300 rubles.

In other cases, the application is of a property nature, so when paying the state duty, you should rely on Article 333.19 of the Tax Code of the Russian Federation. In this case, the amount of the state duty will depend on the value of the disputed object.

The value of the claim is the value of exactly that part of the house that the plaintiff is claiming, and not the entire property.

Example. 2 people inherited a house under a will, with a specific indication of the share, but cannot agree among themselves on how to use it so that everyone is happy. They go to court. In such a situation, you will only have to pay 300 rubles. But if the house has several owners, but their shares are not determined, you will have to pay much more.

Deadlines

You can file a claim only within 3 years from the date of opening of the inheritance. This is the statute of limitations. If you miss it, you can only restore it if you provide compelling reasons, such as a serious illness or a very long business trip.

After filing the statement of claim, approximately 2 - 4 months . another 5 days after the announcement of the result for the final decision and 30 days until it comes into force.

Procedure

During the court hearing, the court determines:

• the composition of the inheritance, which includes the described house;
• what division options can be used in this case (depending on the wishes/requirements of the parties and the characteristics of the house);
• circumstances that gave rise to the dispute between the parties.

Based on the information collected, documents studied, and the opinions of each party heard, the judge makes his decision on this issue.

Settlement agreement

This agreement is similar to the one described above, but is concluded after the start of the trial. Within its framework, the parties are obliged not only to divide the disputed property in a way that suits everyone, but also to distribute legal costs among themselves. There are no strict rules in this case.

Only one person can pay the state fee, but this should also be written about in the agreement. It should also be taken into account that it is also practically impossible to challenge such a settlement agreement (for this you need very compelling reasons).

Counterclaim

A counterclaim is filed by the defendant in response to the plaintiff's statement. It may include other requirements for the same house, new facts and additional documents that the plaintiff for some reason did not attach.

The court will consider both applications simultaneously and will take into account the requirements of both sides.

Example. The plaintiff demands to divide the house into two parts, isolating each of them (that is, turn it into a block house). The defendant, in turn, demands compensation for his share, but refuses to divide the house, since he actually does not need it.

Appeal

If the court decision is not satisfactory, until it comes into force (within 1 month ), the plaintiff or defendant has the right to file an appeal. This is another statement of claim sent to higher authorities.

Usually, the decision of the city court differs little from the district one. However, there are often situations in which the Supreme Court makes a decision that directly contradicts the previous ones.

Deadlines

The legislator has defined deadlines for the inheritance process, in case of violation of which the potential heir must resolve the issue of assuming his rights in court:

• The opening of an inheritance case is considered to be the day of the owner’s death, although in fact this happens later.
• After opening a case, you are allowed to fill out an application for accession to inheritance rights or write a refusal within 6 months .
• It is necessary to obtain a certificate of the right to inheritance after 6 months from the date of death of the testator, but it is possible ahead of time. The legislator does not set a deadline for issuing a certificate.
• If the 6-month for filing an application has been missed, then an application to the court for its restoration must be filed when the impeding circumstances cease.
• You can file a lawsuit with a request to change the last will of the testator, invalidate the document, or for any other reason, at any time, but only after the opening of the inheritance case, even when the certificates have already been issued to the heirs.
• You can enter into inheritance after 6 months. When the deadline is considered missed, it is by a court decision or by agreement with other heirs who have received the certificates. In this case, the latecomer is included in the new certificate of inheritance, and the notary cancels the old one.
• Heirs with priority rights, in addition to 6 months have 3 more months to assume their rights if they miss the deadline.

What types of real estate adoption are there?

One of the stages of registering a house by inheritance is its acceptance. The legislation of the Russian Federation provides for two ways to accept an inheritance:

• actual acceptance, when successors use the property immediately after the death of the testator and do not contact a lawyer;
• acceptance of inheritance by law. To do this, the successors must contact the notary with a corresponding application.

In order to accept the inheritance in any way, the successors have six months from the date of death of the testator.

When registering a house by inheritance, from the available methods of acceptance, if possible, it is better to choose the option by law. Any property must be re-registered to the new owner. To do this, the successor needs to obtain a certificate of inheritance, which is drawn up by a notary. Without such documents and official registration of property rights of the new owner, it is impossible to sell the property.

How to sell without registration

Registration of inheritance for a house should end with the transfer of ownership rights to the new owner(s). To do this, on the basis of the issued certificate of inheritance, the house and land are registered separately. After which the heir will be issued certificates of ownership of the house and plot.

Title documents will allow the new owner to dispose of the property not only actually, but also legally, i.e. sell, donate, formalize an inheritance.

Without registration of ownership rights, it will be impossible to sell the house. But here it is also necessary to take into account that the sale is carried out easily when a purchase and sale agreement is drawn up, when the heir has become the sole owner.

Standard purchase and sale agreement

When transferring ownership rights to several heirs, when they have common rights to dispose of the property, it will be necessary to reach an agreement with everyone on the sale of their part:

• one of them;
• another relative;
• to someone else's face.

In the case of owning allocated shares of a private house, if one co-owner wants to sell his, he must first offer to buy it out to the other co-owners. The offer is made in writing, indicating the value of the share of the house. If none of the co-owners wishes to purchase the share of one of the heirs who has become its owner, then he can implement his offer to any person.

Division without trial

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

In practice, this option is rare. However, the law provides for the possibility of concluding a contract agreement between all new owners.

The parties independently determine how the division occurs. The exception is the in-kind section. In addition to the consent of the parties, permission from the authorized body (BTI) will also be required.

Such agreements are universal in nature and can include any clauses relating to the division of property. A prerequisite is notarization of the contract.

Procedure

Algorithm of actions when drawing up an agreement

Property division agreement

Agreements of this type must indicate:

• a list of all parties;
• detailed description of the property (including cadastral number, postal address, total and living area);
• factual section with clear steps to follow.

Sample agreement on the division of an inherited house

Documentation

The following are attached to the agreement:

• passports;
• copies of passports of all parties;
• certificate of inheritance rights;
• extract from the Unified State Register of Real Estate;
• assessment report (for calculating state duty).

Expenses

Initially, it is necessary to conduct an assessment of the house. An independent commercial company will conduct an assessment for 3,500 – 5,000 rubles.

An agreement on the division of a house received as an inheritance must be notarized. To do this, you need to pay a fee of 0.5% of the value of the property, but not more than 20,000 rubles. and not less than 300 rub.

The cost of notary services depends on the region of application. You can find out more about the maximum tariff on the website of the Federal Notary Chamber.

In 2020, in Moscow, only for notary services (excluding state fees), the parties will pay 11,000 rubles. In the Altai Territory, the tariff starts from 5,000 rubles. up to 12,000 rub.

Deadlines

The agreement implies the voluntary consent of all owners and therefore no time limits are relevant in this case.

All owners can enter into an agreement when it is convenient for them, when they agree and/or accumulate the required amount to pay for the service.

In practice, the agreement is drawn up within 3 years from the date of receipt of the inheritance. The parties must protect themselves from illegal actions of other recipients.

The price of registration of inheritance for a house

The price for registering an inheritance for a house in our company is negligible compared to the costs that you may incur if you try to go through the entire process yourself. In addition, trying to independently enter into an inheritance and resolve a controversial situation, there is a high risk of being left with nothing. Often heirs come to us who are already desperate to formalize their inheritance.