Every person at a certain stage of his life is faced with the loss of people close to him and they leave behind property. Registration of inheritance for a house and land after the death of parents has its own distinctive features.
This is due to the fact that in the legal relationship under consideration there are two subjects - a capital structure and the site on which it is located. For each of them, you will need to provide the notary with a separate package of documents.
The article will explain all the subtleties and nuances of inheriting country buildings. Recommendations for an accelerated solution to this issue are presented.
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.
What to consider when inheriting an apartment after the death of your mother
Inheritance law in our country is one of the youngest branches of civil law.
Therefore, in each specific case, the procedure for registering an apartment as an inheritance requires detailed study and understanding in order to identify various obstacles and difficulties.
If you have any questions or the slightest doubt, it is better to seek advice from experienced specialists who provide services in this area. This will save you not only time and money, but also your nerves.
Author: Oleg Vladimirovich Roslyakov, source naslednik.info.
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.
How to register succession
To enter into an inheritance, regardless of the grounds, you must follow the established procedure.
To do this, perform the following actions:
- To obtain a certificate of inheritance, an application of a certain sample is submitted to the notary. This can be done in person, through a representative with a power of attorney issued in his name.
- Actual possession and use of property; measures aimed at its preservation and expenses incurred in connection with this will confirm the acceptance of succession.
To register an apartment by inheritance, you must provide the following to the notary office:
- The death certificate is obtained from the registry office (civil registry office).
- Documents confirming blood relationship or relationship with the deceased.
- Extract from Rosreestr about real estate.
- A paper from the management organization confirming that there is no debt for utilities and housing services.
The notary has the responsibility to establish the degree of relationship among persons applying for legal succession.
Evidence includes documents from the registry office, court decisions and, if available, extracts from birth and house registers, certificates from the place of work.
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Inheritance of real estate after the death of a relative
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.
Who has priority in registering a share in the inheritance?
According to regulations, after the death of the owner, the property belonging to him in evenly proportional parts passes to the heirs. The division of material assets that are common shared property can be carried out no later than 3 years from the date when the inheritance was opened.
As for real estate, it is possible to carry out such actions only after receiving a certificate of inheritance.
Provided that the living space cannot be divided in actual size, the following have the right of priority to receive it on account of their personal share:
- Citizens, co-owners of the deceased, regardless of legal successors, who lived with the testator in the same premises, regularly used it, but were not the owners of the property in question.
- The legal successors, although they did not have a common right to housing with the deceased, used it regularly until the day of his death. Provided that the use of the premises was carried out legally.
- Citizens who lived with the testator constantly until the day of death. Provided that they do not own any other residential premises or have a lease agreement.
The legal successor who acquired the property on this basis must pay compensation to the other heirs for their share of the property.
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.
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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.
What to do if you didn’t have time to contact a notary on time
Sometimes citizens miss the six-month deadline during which they must present their rights to the property of deceased relatives. Various reasons may contribute to this.
The law indicates that if the period for accepting the property of the deceased has expired, it can only be restored through a judicial procedure.
To do this, you will need to draw up a statement of claim and provide:
- Evidence indicating family ties with the deceased.
- Original will, if available.
- Written evidence indicating a missed deadline.
An important point in this matter will be the nature of the obstacles that prevented the son or daughter from arriving on time. They must have a valid motive, or due to force majeure.
Other circumstances are also taken into account:
- being on a long business trip abroad;
- serious illness;
- serving a sentence in penitentiary institutions;
- being under investigation in a pre-trial detention center.
Note! Heirs can go to court for another reason - if their rights are violated by a notary or third parties. This number includes scammers in the real estate market.
Is it possible to increase part of the property in inheritance?
In some cases, it is possible to increase the share in an apartment by inheritance. To do this, it will be necessary to prove that during the life of the testator, the value of the real estate owned was increased by inseparable improvements carried out at the expense of funds belonging to the successor. There are criteria that allow you to determine what changes in the object will lead to an increase in the share.
These include the following works:
- Aimed at major repairs of structural elements (for example, replacing the roof, rafters, raising the foundation, repairing load-bearing walls).
- Leading to an increase in the area of the home (extension).
- Made in compliance with sanitary and construction standards.
- Produced with the consent of all co-owners.
Example:
Citizen G.A. Yagutova. filed a claim to increase her share in the inheritance after her deceased husband A.N. Yagutova. From the circumstances of the case it followed:
- The disputed apartment does not belong to the jointly acquired property of the spouses. The owner under the purchase and sale agreement dated 2005 was A.N. Yagutov.
- In 2010, the Yagutovs made expensive renovations and purchased built-in furniture.
- In 2013 A.N. Yagutov died, his mother A.S. inherited the apartment. Razumovskaya and wife G.A. Yagutov, part of each was 4/8.
G.A. Yagutova believes that the repairs made significantly increased the value of the inherited property, and on the basis of this she asks that her share be determined in the amount of 6/8.
The court did not satisfy the claim, pointing out the following circumstances: the repairs made by the spouses were cosmetic and aimed at maintaining the property in proper condition, which is the responsibility of the owners. Furniture, regardless of its cost, is not an inseparable improvement.
