Inheritance of a share in a privatized apartment after death, registration of a share of the apartment in ownership after death

Home » Inheritance » Inheritance and registration of a share in a privatized apartment after death

After a person passes away, the property that he owned remains. As a rule, it passes to the heirs - relatives or other persons specified in the will. The division of property often causes disputes and disagreements, especially when it comes to the “housing issue”. Possible rights and obligations of heirs are reflected in the articles of the Civil Code. By following them, you can avoid mutual claims and maintain peace in the family.

The concept of shared ownership

An apartment can belong to several people (Article 244 of the Civil Code of the Russian Federation), each of whom will own a certain part of it. If the share of each of the co-owners of the apartment is not determined, they are considered to have equal shares of the property.

The share of the living space cannot be rented out by the owner or occupied by people who are not members of his family; the sale of such property is possible subject to the pre-emptive right of purchase by the co-owner of the property.

How can the owner of an apartment share dispose of his property? He can live in the premises, move his family members into the apartment, draw up a deed of gift for part of the property or bequeath it, and this does not require notification or consent of other owners of the living space.

How shares in an apartment are divided by inheritance

According to the Civil Code of the Russian Federation, property is divided between the legal successors of the deceased in 2 ways: by law or by will.

Heirs of a privatized apartment by will

Dividing the property into parts will not cause problems if a will has been drawn up for the apartment. It clearly defines the shares of inherited property and outlines the circle of heirs. The testator can obtain housing rights by submitting an application and other necessary documents to a notary within six months after the death of the testator.

If, in addition to the right of ownership, obligations are inherited, you can refuse the due part of the property, but only in its entirety. Persons who are owed an obligatory share in the inheritance are allowed to challenge a will.

Heirs of a privatized apartment by law

If a will has not been drawn up, inheritance occurs according to law. The order of receipt of property is specified in Art. 1411-1145 Civil Code of the Russian Federation. Children, spouses and parents are the first to have inheritance rights. In the absence of representatives of a higher order, relatives of lower orders take part in the section.

Thus, in the second place, property will be divided between brothers, sisters, grandparents; in the third - between the uncles and aunts of the deceased; in the fourth - between great-grandparents; in the fifth place, cousins' grandchildren and grandparents will take over; in the sixth place, the property will be inherited by great-great-grandchildren, cousins of the parents; in seventh place - adopted children, stepfather or stepmother.

If a child is adopted, but was officially adopted, he automatically becomes a contender for the 1st stage inheritance.

All heirs who are representatives of the same line have rights to equal shares of the inheritance.

Example. Citizen V. and citizen N., who were legally married, were the owners of the apartment, each of whom owned ½ of its part. Citizen N. died without leaving a will, so his ½ part of the apartment should be divided between his wife N. and two daughters in equal shares, that is, 1/6 each. Since at the time of the death of citizen V. one of his daughters died, the share due to her passed to her children by right of representation. As a result, the apartment was divided in this way: ½ remained the property of the wife and 1/6 was inherited from her husband, 1/6 was inherited by 1 daughter, and 1/12 went to the children of the deceased daughter.

Mandatory heirs

The Civil Code of the Russian Federation defines a group of persons who have the right to an obligatory share in the inheritance, regardless of the presence of a will. It includes:

Children under 18 years of age.
Disabled dependents from among the legal successors, if they were dependent for at least 1 year before the opening of the inheritance.
Citizens not related to the circle of heirs who were dependent on the deceased and lived with him for at least 1 year.

If there is a testamentary disposition, these citizens receive at least half of the share that would have gone to them by law. If a will has not been drawn up, the obligatory heirs are called upon equally with the other primary legal successors.

Heirs of a privatized apartment by right of representation

The descendants of the deceased heir will receive the inheritance by right of representation if his death occurred before the opening of the inheritance or at the same time as the testator.

The share of the deceased heir in the apartment of the previous owner will be distributed among the new applicants.

For example, if mother died in 2014, grandfather in 2021, and the share of the mother’s inheritance was ¼ of the apartment, then this part will be divided among her children, despite the fact that they themselves would not be able to accept the grandfather’s inheritance.

Will

The only way for a citizen to dispose of acquired material assets is to draw up a will. He can transfer to his heirs any property that is legally owned, including a share of the apartment. If the document is drawn up without defining the shares of each of the legal successors, then according to the generally accepted position they are distributed in equal parts among all applicants. It can be argued that this is the simplest option in inheritance relations, since the wishes of the deceased are clearly expressed. However, a number of provisions of Russian legislation are aimed at limiting the will of the testator. This is due to ensuring the interests of people with low social security; a mandatory share belongs to such a legal institution.

Persons eligible to receive it are:

Children under eighteen years of age.
Parents or husband/wife of the testator who are unable to work due to age or illness.
Citizens who were dependent on the deceased.

All of the above receive no less than half of the portion due to them upon legal inheritance.

The testator can also make a testamentary refusal for legal successors who are such by virtue of law or will. For example, order to provide a certain person, while he is alive, with the use of living space received as an inheritance.

In this case, after the death of the owner, the legatee has the right to demand the execution of the order made by the deceased during his lifetime, regardless of the heir’s personal need for the received housing.

Who has the priority right to receive a share in the apartment?

As a rule, the heirs of a privatized apartment come to mutual agreement on issues of determining the size of shares. In order to defend your right to a part of the indivisible property, you must have advantages over others. It could be:

Living in the premises with the testator, using it for its intended purpose. It does not matter whether the applicant was the owner or a co-owner.
Use of the premises, living in it after the death of the owner, unless such actions are illegal.
Living with the owner of the apartment until the day of opening of the inheritance due to the lack of own or rented housing.

If entry into inheritance occurs on the specified grounds, other interested parties must receive compensation in monetary terms from the heir.

If it is impossible to resolve disagreements, the issue of determining the size of shares is resolved in court.

Nuances

The procedure for obtaining an inheritance of shared property has many features that may not arise during the process. Or significantly complicate the life of the heirs.

1st nuance : The notary is not obliged to notify applicants about the opening of an inheritance. He can do this if he is conducting an inheritance case and the testator has informed him in advance of the coordinates of the future heir.
2nd nuance : If the heir accepts the inheritance, he automatically becomes liable for the debts of the testator. It is impossible to accept the hereditary mass selectively.

Entry into inheritance

The procedure for inheriting a share in an apartment is carried out within 6 months after the death of its owner. During this period, it is necessary to submit documents to the notary to open an inheritance case. The basis for starting the procedure is an application and the first submitted document proving the fact of the death of the owner of the living space: a death certificate, a notice of death, a court decision declaring the person dead.

What needs to be done first

Issue a death certificate at the registry office. To do this, you will need documents: a medical certificate with death certification (form No. 106/u-08), a passport of the deceased.
At the passport office, remove the deceased from the registration register and receive a certificate (Form 9), which will indicate the extract. You need to have documents with you: passport, death certificate with a photocopy.

Required documents

Before visiting a notary, it is recommended to collect a package of documents in advance, which includes:

application for inheritance;
death certificate of the owner of the apartment;
a document providing the basis for entering into an inheritance (will, data on family ties);
a certificate indicating the cost of the apartment;
certificate from the last place of residence of the deceased;
documents confirming the presence of family ties between the heir and the deceased;
form 9;
an extract from the house register indicating all persons registered in the premises;
documents for real estate to be inherited.

The estate does not include real estate that was not privatized by the deceased. However, a decision on the possibility of including such a share in the inherited property can be made in court.

Documents that a notary needs to register the right of inheritance to a share in an apartment:

Privatization agreement confirming the transfer of municipal housing into private ownership.
An extract from the Unified State Register of Real Estate (USRE), which combines information from the Unified State Register of Rights to Real Estate (USRE existed until December 31, 2016) and cadastral passport data. Such an extract can be requested by a notary in electronic form independently.

After 6 months, the notary issues certificates of inheritance to the heirs.

Who inherits by law

The Civil Code identifies eight inheritance lines. The basis is the principle of succession of each subsequent queue, when there are no applicants in the previous one. This happens in the event of their absence or deprivation of the opportunity to act as legal successors, as well as in the case of refusal to accept the inheritance. As a general rule, property is registered as ownership in equal parts. The order depends on the degree of relationship. The first includes the husband/wife, children (natural and adopted) and parents of the deceased. To classify a spouse into this category, it is necessary to have an officially registered relationship valid until the day of death. Otherwise, it is considered that the joint property was divided during the divorce. The next line includes the testator’s sisters and brothers, his grandparents (we are talking about grandparents). The rest are arranged according to the degree of remoteness of relationship. Thus, the seventh group consists of citizens who are not related to the deceased by blood ties (stepdaughters or stepsons). Inheritance of a share in an apartment by legal successors occurs according to general rules, that is, in equal parts.

Inheritance by fact

If a person has not submitted documents to enter into an inheritance, but has assumed the costs of operating and maintaining the apartment, it means that he has entered into inheritance rights in fact. In order to subsequently legitimize the share of the apartment and become its owner, it is necessary to provide evidence of the use of the property: paid utility bills, data on the payment of debts, witness statements.

Otherwise, the heir will not be able to fully manage the property: make purchase and sale transactions, coordinate layout changes, register family members in the living space. These actions require a court decision recognizing the heir's right to property.

Actual inheritance status

To carry out the actual inheritance of privatized housing, it is enough:

continue living in the apartment or move into it;
take care of the apartment;
pay utilities;
make repairs to the premises;
use any item that is included in the inheritance share along with the apartment.

If any of these actions are performed, then from the legal side the heir receives the status of the copyright holder. But it is worth understanding that he does not become a full-fledged owner, since the copyright holder can only use, but not dispose of, the property to the fullest extent.

Important! The copyright holder cannot sell or donate a privatized apartment.

Missing the registration deadline

Heirs do not always approach the rules of inheritance with the proper degree of responsibility and often remain dissatisfied with the result of the division.

The court is considering questions about the settlement of a compulsory share of property and the possibility of inheriting a share of an apartment if the deadline for submitting an application to a notary is violated. In the latter case, the heir will need evidence of serious circumstances due to which the application deadline was violated.

The best way out of this situation is to obtain written consent from other participants in the process to include the violator of the deadline in the list of heirs. This document must be certified by a notary. Previously issued certificates of inheritance are subject to cancellation, and the shares of the apartment are redistributed anew. But in most cases, such situations end up in court proceedings.

How to register a share in an apartment by inheritance

Becoming a legal heir is not enough to manage property. It is necessary to register the share in the territorial branch of Rosreestr by providing the following documents:

application for state registration;
certificate of inheritance of property;
heir's passport;
cadastral data;
a document certifying the testator's ownership of the property;
agreement (court decision) on determining the share of each legal successor in the privatized apartment;
receipt of payment of state duty for inheritance.

All provided copies of documents must be notarized.

After checking the documents, Rosreestr registers ownership of the apartment’s share. The waiting period for a registration certificate is no more than 10 days. Upon completion of this procedure, the owner of the inherited part can dispose of it at his own discretion.

How will privatized housing be inherited?

Inheritance of a share in a privatized apartment occurs according to established rules. The deceased's share is divided in equal parts among the remaining participants in the common property. Nuances in the succession process may arise in the presence of a marriage relationship. So, if an apartment was privatized by both spouses, it is in joint ownership. According to legal norms, the marital share of property is half of the joint property. Regardless of the presence or absence of a will, the husband/wife will receive their share upon succession. If the testator, during his lifetime, in a formalized will, transferred to someone a jointly owned share that belonged to the other half, then this clause of the will is void. Provided that the property was privatized before marriage, the spouse inherits on a general basis, that is, the shares are divided in equal parts among the remaining legal successors. However, one should take into account the fact that the rules of privatization in Russia changed several times, for example, at one of the time periods there was a provision according to which living space was transferred free of charge to citizens in an amount not exceeding the established norms, and square meters in excess of the limit were subject to redemption. In the presence of such a situation, it becomes possible for the heir to increase his share of material assets during succession.

For example:

Citizen V.N. appealed to the court. Avdeeva. In the statement of claim, she asked to recognize the disputed living space as joint property and to increase the size of her share in the privatized apartment left after the death of her husband G.G. Avdeeva to 2/3.

She justified her demands with the following arguments:

G.G. Avdeev privatized housing for himself while he was legally married.
According to the current regulations, square meters exceeding the established standards were purchased from the municipality at the expense of the spouses’ common funds.

We recommend that you read:

Inheritance of a privatized apartment without a will

G.G.’s daughter objected to this. Avdeeva, A.A. Lyapnigov. The latter explained that her father lived in the apartment under a social security agreement. rented before marriage, after marriage he privatized housing in his name and received a certificate of ownership. Since privatization implies the gratuitous transfer of property, citizen Avdeeva is not a participant in joint ownership. The amount paid for excess living space is not comparable to the price for square meters transferred free of charge. Thus, according to Lyapnigova, Avdeeva does not have a marital share in the apartment according to the law. Based on this, she asks that the apartment, after her father’s death, be divided between her and Avdeeva in equal parts.

However, the court agreed with the arguments of V.N. Avdeeva and satisfied the claim in full, since square meters in excess of the established limit were acquired at the expense of the spouses’ common funds and, accordingly, belong to jointly acquired property.

The question often arises of how to get a share in a non-privatized apartment. Here everything will depend on whether the deceased intended to enter into an agreement for the gratuitous transfer of living space into ownership. For obvious reasons, a notary will refuse to issue an inheritance certificate for a non-privatized apartment. Therefore, the problem can only be resolved in court.

Evidence of intention to carry out the privatization process will be:

Submitted an application to the appropriate authority.
Submitted package of documents.
Failure to withdraw the application.

In other words, a person dies before the real estate is registered as a property. If all conditions are met, the property will be included in the estate. Persons who lived together with the deceased and were related to him have the opportunity to contact the municipality with a request to conclude a social contract. hiring Based on the latter, housing is privatized.

Inheritance of real estate in common joint ownership

If property was acquired by spouses during marriage, it is the common joint property of the spouses.

Until 1996, upon the death of one of the couple, the entire apartment passed to the second spouse, but subsequently the inheritance order changed. Now the surviving spouse is the owner of ½ of the property and inherits part of the ½ share of the deceased among the primary assignees.

For example, in the event of the death of a man who has a wife and child, the distribution of a privatized apartment upon inheritance in accordance with a will drawn up, in which the son is indicated as the sole heir, will occur as follows: ½ will belong to the wife, she can dispose of this half at her own discretion (sell, bequeath, etc.), and ½ will go to the son according to the will.

How much does it cost to inherit a share of an apartment?

Regardless of whether the heir is a relative of the deceased or a stranger, no property tax is paid, but a fee is charged for the work of a notary and registration of real estate.

To obtain a certificate of inheritance, you must pay a state fee. Its size is established by the Tax Code of the Russian Federation (Article 333.24) and is:

For natural or adopted children, husband and wife, father or mother - 0.3% of the value of the share they inherit. The amount cannot exceed 100 thousand rubles.
For other legal successors - 0.6% within a million rubles.

The basis for calculation is equivalent to the value of the inherited property. Without paying the state fee, a certificate of inheritance will not be issued.

To change an entry in the Unified State Register, you must also pay a state fee, which, in accordance with Art. 333.33 of the Tax Code of the Russian Federation is equal to:

for citizens - 350 rubles;
for organizations - 1000 rubles.

Additional expenses will be associated with payment for notary services. If it is necessary to certify copies of documents, a fee of 10 rubles is paid. per sheet, when witnessing signatures on documents - 100 rubles. The size of the notary fee is specified in Art. 22.1 Fundamentals of legislation on notaries. Legal and technical services are paid for by agreement with the notary.

Adviсe

Before registering the inherited property as a property, make sure that the testator has no debt obligations. They will have to be repaid in full. If there are several heirs, the debt will be repaid in direct proportion to the share of the inheritance. It is better to refuse the “illiquid” property immediately, or simply not visit the notary; the registration will be done automatically.

Disputes often arise about actual residence. The advantage remains with the heir whose shared ownership is greater. You can sell your living space and divide the money. Buy back parts of the rest. Compensate with other property from the inheritance mass.

In any case, it is better to involve qualified lawyers to resolve controversial issues. This will save time, money and nerves. And it will increase the chances of achieving the desired result.

Selling part of an inherited apartment

If the heir has a desire to sell the inherited part of the apartment, he has every right to do so. To do this you need:

allocate the due share from the common property through contractual or judicial procedure;
notify each co-owner of the living space about the sale and offer to purchase a share of the property, since this category of persons has a pre-emptive right to purchase (Article 250 of the Civil Code of the Russian Federation);
If the co-owners do not give a written refusal to purchase part of the apartment, then strictly in a month the heir can sell it to another buyer at the same price.

Carefully following the algorithm for entering into inheritance rights and registering a share of an apartment will allow you to become its full owner and subsequently avoid problems with the disposal of property.

You can speed up the procedure for inheriting a share after the death of a relative by taking advantage of a free consultation with specialists on the portal ros-nasledstvo.ru. Experienced lawyers will help you determine the list of necessary documents, correctly draw up an application to submit to a notary, and answer any questions that arise during the registration of real estate.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Save or share the link on social networks

- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

Entry into inheritance after death under a will

The procedure and rules for entering into inheritance under a will are established by the chapter...

Lawsuit to restore the deadline for accepting an inheritance in 2021

The judicial hearing of the case on restoration of the period for accepting an inheritance begins with...

How to enter into an inheritance for grandchildren after the death of a grandmother or grandfather

The legislation establishes two methods of inheritance: by will and by law....

How is the inheritance divided between the wife and children after the death of the husband?

After registering the marriage, the husband and wife acquire in relation to each other...

What documents are needed to register and enter into an inheritance with a notary after death?

A complete list of documents required to accept an inheritance is established in the individual...

First priority heirs after death

The basic principles and rules of inheritance are defined by Part 3 of the Federal Law No....

Who owns the premises if it is not privatized?

The non-privatized premises are used by the tenant according to a social tenancy agreement. In fact, the owner of a non-privatized apartment is the municipality or the state. In this situation, after the death of the tenant, the apartment cannot become the property of his heirs.

If the responsible tenant dies

According to Art. 1120 of the Civil Code of the Russian Federation, a testator can make a will even regarding property that he may receive in the future. That is, it is possible to inherit a non-privatized premises if the deceased, before his death, submitted an application requesting the transfer of the apartment into his ownership.

The law does not provide for refusal of such an application, but the period for consideration of the application is 2 months . If during this period the tenant dies, then his heirs have the opportunity to register the housing as their property.

If other relatives lived in the apartment with the main tenant under a social tenancy agreement, then they also have the right to use the residential premises. At the same time, these tenants must appear in the social rent agreement.

If others registered die

If none of the relatives of the deceased were registered in the apartment, then no one has the right to privatize such housing. The responsible tenant remains the only user of the housing who has the right to privatize it.

You need to inherit privatized housing. In the absence of successors and actual inheritance, the apartment becomes escheatable property and becomes the property of the state.

The inheritance process is quite simple. The main thing is to comply with all deadlines and procedures. Then the privatized apartment will pass to the new owner on legal grounds, which will be almost impossible to challenge.