How to enter into an inheritance: documents and deadlines for registration according to the law

Who can claim the inheritance

You can claim your rights to the deceased's property in several cases.

You have the right to an obligatory share in the inheritance

This is a priority reason for receiving an inheritance. Persons in this category participate in the division of property, even if the deceased wanted to dispose of it differently.

Among those who have the right of the Civil Code of the Russian Federation, Article 1149. The right to an obligatory share in the inheritance for an obligatory share in the inheritance:

minor or disabled children of the deceased;
disabled spouse and parents;
disabled dependents of the deceased.

Disabled people, pensioners, and pre-retirees are recognized as disabled - men over 60 years of age and women over 55.

Persons in this category must receive a share of at least half of what they would have been entitled to upon inheritance by law (more on this below). Even if they are mentioned in the will, but their part according to this document is less than the amount determined by law, it will be recalculated to the required level.

However, the opposite is also possible. The share may be reduced or denied if the inheritance includes housing in which another heir permanently resides, or something that he uses to earn money.

If persons from this category receive a share in the inheritance fund (more on that below), the obligatory part is not allocated to them.

Your name is in the will

During his lifetime, a person can write a will of the Civil Code of the Russian Federation, Article 1118. General provisions and leave property to whomever he wishes - and not only what has already been acquired, but also what is only planned to be purchased. Family ties are not important here, what matters is the will of the testator. He can choose one or more heirs and divide the property among them in equal or different shares at his discretion.

The will is drawn up in the presence of a notary. It is important that the testator is considered legally competent at this moment. If there are reasons to believe that he was not capable of thinking soberly, then his orders can easily be challenged in court.

The contents of the will are revealed only after the death of the testator.

You have entered into an inheritance agreement with the deceased

Unlike a will, it is a public document. It sets out the conditions that the heir must fulfill in order to receive the property of the deceased. For example, this is how you can transfer an apartment to a person who will carry you a glass of water in old age. If he doesn’t, he won’t get anything.

The inheritance agreement is signed by a notary by all parties. It takes precedence over the will.

If the testator changes his mind about giving his property in exchange for certain actions, he must compensate the other party for losses associated with the fulfillment of the terms of the contract.

Keep in mind that the owner of the property can freely dispose of it even after concluding an inheritance agreement. For example, selling an apartment.

You are the heir at law

If the deceased did not draw up any wills or inheritance agreements, his property will be divided in equal shares by the Civil Code of the Russian Federation, Article 1141. General provisions between first-degree heirs - children, spouse and parents. When there are no such people, then the second one is brothers, sisters, grandfathers, grandmothers, nephews. If there are no such people, then the third one is the brothers and sisters of grandparents.

Usually three queues are enough, but in total there are eight of them in the Civil Code of the Civil Code of the Russian Federation (part three).

You are included in the charter of the inheritance fund

The inheritance fund is a new form of institution for Russia. The owner of the assets can order such an organization to be founded after his death - this cannot be done during his lifetime. The fund will earn money from the assets of the deceased and pay out profits to those designated by the testator. But the heirs cannot remove the property from circulation.

Rosreestr or MFC?

You can register an inheritance for real estate through Rosreestr and the Multifunctional Center. What are the differences and which authority to choose?

The size of the state duty and the cost of providing services are the same in both cases. However, it should be taken into account that the details of the authorities are different, so if you paid the state duty at Rosreestr and submitted documents to the MFC, they will not be accepted.

The choice of institution for registering an inheritance largely depends on the heir himself. If you need specialist advice to submit documents, then it is better to contact Rosreestr, they are well versed in all the intricacies of the procedure. You should also choose this type of organization if you have deadlines for registration, since this institution issues papers two days faster than the MFC.

In all other cases, it is better to visit the Multifunctional Center. This authority works until eight in the evening, so there is no need to take time off from work. The MFC has convenient, comfortable premises.

Also, a big advantage of Multifunctional Centers is the ability to prepare all the necessary documents in one place.

How to register an inheritance

In any case, you need to go to the notary at the place of residence of the deceased and submit an application for acceptance of the inheritance. Using a unified notary system, a specialist will check whether the deceased left a will and whether there is an inheritance agreement.

As a result, you will find out whether you can qualify for the property or not. If there is a will, you will be given the contacts of a notary, with the help of which you will assume your rights. You should be aware of the inheritance agreement by default.

Olga Shirokova

Lawyer of the European Legal Service.

The application can be submitted in person, with another person, or by mail. In the last two cases, the heir's signature must be certified by a notary.

After the application, the notary will open the inheritance case. If someone gets ahead of you, your documents will be added to an already open case. You can check in advance whether someone has addressed your question on the website of the Federal Notary Chamber.

There is another option: actually accept the inheritance. In this case, the notary must submit an application to issue a certificate of inheritance. According to Olga Shirokova, it is considered that the heir has accepted the inheritance if it can be confirmed that he manages and uses the property received. For example, you can move into the testator’s apartment, make repairs there, and pay his debts.

If someone shows up with a priority right of inheritance, he can challenge it in court.

If the period for inheritance rights has expired

There are options when the heir, for one reason or another, has overstayed the period provided by law for entering into the rights to use the property. In such cases, the only solution to the problem is to go to court. However, the judges will have to be convinced that the reason for the delay was significant. For this purpose, relevant evidence is collected. This could be a medical report, a certificate from work, testimony of witnesses. All documents are attached to the application.

Next, the court will make one of two decisions: to refuse the application due to the lack of proof of the presence of significant arguments for delay, or to grant the request. In the second scenario, the court recognizes the heir’s right to the property, and there is no need to contact a notary. The court decision replaces the certificate of inheritance.

How long does it take to accept an inheritance?

The inheritance must be accepted by the Civil Code of the Russian Federation, Article 1154. The period for accepting an inheritance is within six months from the date of the person’s death or the day on which he was declared dead. Those who can receive the property of the deceased only if the heirs of the previous orders do not accept it have three months after the expiration of six months.

If the heirs of the previous orders renounce their rights, the next applicants have 6 months starting from that day.

The deadline for entering into an inheritance can be renewed, but this requires valid reasons - for example, you were seriously ill or were abroad and did not know about the death of the testator.

Main reasons for failure and solutions

The refusal to provide the opportunity to participate in the division may be explained by the person’s lack of this right initially or his exclusion from the inheritance division in a lawsuit. To solve the first problem, you need to file a statement of claim submitted to the court. The solution depends on the specific problem.

Perhaps this is the restoration of a deadline for acceptance that was missed for a good reason or a reasonable request to recognize a will certified by a notary as invalid. Cases often come to light with a request to include unaccounted heirs in the division, for example, on the right of compulsory share.

How much will it cost to receive an inheritance?

For a certificate of the right to inheritance, you will have to pay the state duty of the Tax Code of the Russian Federation, Article 333.24. Amounts of state fees for performing notarial acts. For children, spouse, parents, brothers and sisters of the deceased, it will be 0.3% of the value of the property received - but not more than 100 thousand rubles. The rest will have to pay 0.6% - but not more than 1 million rubles.

The value of property is determined by specialized government agencies or specialized organizations with a license.

State duty may not be paid:

Heroes of the Soviet Union and the Russian Federation, full holders of the Order of Glory, participants and disabled people of the Second World War.
Citizens receiving housing in which they lived together with the deceased.
Those who inherit bank deposits, insurance, royalties.
Heirs of persons who died while performing civic duty or became victims of political repression.

How to quickly get an extract from the Unified State Register of Real Estate?

To enter into an inheritance and register ownership of real estate in Rosreestr, you will need an extract from Rosreestr. The standard time for its registration through government agencies is at least 5 days, but with the help of the KTOTAM.PRO online service you can get from 30 minutes to 24 hours.

To do this, you need to enter the full address of the property (region, locality, street, house and apartment) or the unique cadastral number assigned to it into the electronic line on the website. The state fee is only 250 rubles.

Obvious advantages of using the service:

saving free time,
work 24/7,
high speed of service,
the ability to print a document,
convenient interface,
various methods of paying state fees.

Attention! Users are given the opportunity to track the status of the execution of an application and the option of SMS notification.

The KTOTAM.PRO service is a high-quality service for individuals and legal entities, the absence of endless queues and favorable offers for corporate clients.

Author: project Who Is There

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What else do you need to know

The heirs acquire not only the property, but also the debts of the deceased. They are divided in proportion to the shares received. But this does not apply to all non-payments.

Olga Shirokova

Lawyer of the European Legal Service.

Some of them are subject to a strict non-inheritance rule. These are alimony payments, compensation for damage caused to the health and property of other people, loans from individuals not confirmed by a receipt, moral compensation. The heirs have nothing to do with such debts and are not obliged to pay them.

If the deceased is mired in debt and bequeathed it to you, sometimes it is more profitable to refuse the inheritance. Calculate which will be better. You can issue a refusal within six months. It cannot be cancelled. It is also impossible to refuse part of the inheritance - either everything or nothing.

Why can they refuse and how to solve such a problem?

The reasons for refusal to register the right to use inherited property may be the following situations:

The inherited property is under arrest;
Errors were made when completing the application;
The request was not submitted by the notary;
There is no receipt for payment of the state duty;
Corrections in documents;
Litigation regarding inherited property.

Important! Whatever the reason for the refusal, you must immediately contact a lawyer who will suggest ways to solve this specific problem. Each case requires an individual approach.

Features of land inheritance

A plot of land is a landscape of land that has special characteristics and purpose. Depending on its size, the territory may be indivisible and subject to division.

If a plot of land does not exceed the minimum size, it can be inherited as a whole - splitting into parts is impossible. If the plot is subject to division, the heirs can register it as shared ownership. If the division becomes impossible, the plot goes to the applicant, who has a priority right to receive the land on account of his share of the inheritance (clause 2 of Article 1182 of the Civil Code of the Russian Federation). The remaining applicants are entitled to compensation for the cost of their share in the inheritance.

The transfer of property rights to a land plot occurs in two ways:

by will - the written will of the owner about the fate of his property (Article 1118 of the Civil Code of the Russian Federation);
according to the law , the wife, children and parents of the deceased will be the first to inherit, then brothers and sisters, etc.

Please note that along with the land, the heirs may also receive a piece of real estate - a dacha, a garden house, outbuildings. If the deceased managed to draw up documents for the buildings, there will be no problems. If the documents have not yet been completed or are missing altogether, litigation cannot be avoided.

The basis for receiving an inheritance is the existence of property rights by the testator. In other words, the deceased leaves not only the land plot, but also the title documents - a certificate of ownership or a new extract from the Unified State Register of Real Estate.

Inheriting land plots is not much different from the usual procedure. There are also restrictions related to the status of heirs - unworthy applicants are eliminated from the “race” for the inheritance (Article 1117 of the Civil Code of the Russian Federation). For example, if the heir is deprived of parental rights, made an attempt on the life of the testator, did not provide him with lifetime support, etc.

Example:

After the death of the head of the family, the inheritance was opened. This included an agricultural land plot with a total area of 0.222 hectares. The claimants to the property are the heirs of the first line of kinship: the spouse, father and son of the deceased man. Land regulations of SanPiN do not allow for the allocation of shares, therefore, division of property is impossible. Later it turned out that the testator’s wife participated in the use of the land plot - she planted flowers, looked after the beds, and collected fruits from the garden trees. According to paragraph 2 of Article 1182 of the Civil Code of the Russian Federation, a woman had a preferential right to land. Ultimately, the plot went to her - the remaining applicants received compensation commensurate with their shares.

Registration of inheritance rights through the Multifunctional Center of another city

The heir has the right to property regardless of whether he lives in the same city as the deceased or not. The only caveat is that the documents will have to be completed through the MFC of the city where the testator lived. However, there are three ways to solve the problem: come to the notary yourself in the locality, send a person with a power of attorney, or send the application by mail.

The first case involves the same procedure as described above. When sending an application by mail, problems with paperwork may arise. Therefore, the best option would be to send a proxy to the city where the deceased previously lived to complete all the necessary papers. A power of attorney is issued by a notary to a legally capable person; only the text must indicate all the powers of the attorney. In addition, this person can not only register an inheritance right for you, but also sell the resulting property.

How to register an apartment after taking over inheritance rights?

After receiving the document for the right to inherit the apartment, you will need to register this property in your name.

Property registration is carried out at the cadastral service. To do this, you need to contact its branch at the location of the apartment you inherited. You must have with you the following documents:

passport;
certificate of the right to inherit property;
real estate documentation.

In addition, you will need to write an application for state registration of ownership rights in the form prescribed by law. Registration of ownership of an inherited apartment is carried out within one month.