Right to inheritance after the death of the mother
— Without a will
If there is no will, inheritance proceeds in accordance with the law. There are 7 lines of heirs in total, each of which is described in Chapter 63 of the Civil Code of the Russian Federation (Article 1142-1145). Most often, heirs become persons of the first or third order:
- Husband, child, parents.
- Grandfathers, grandmothers, brothers and sisters.
- Aunts and uncles.
Only if there are none of the heirs of the 1st-3rd line, they refused the inheritance or do not have the right to it, people from the 4th-7th line can receive the property. Thus, after the death of your mother, you have the first right to inherit her property.
— By will
If the mother has executed a will, the order of inheritance may change according to how it is indicated in the document. But there is an exception: regardless of the will, disabled or minor children of the deceased, as well as disabled persons who were dependent on her for at least a year before death, are required to receive at least 50% of what they were entitled to by law. (Article 1148).
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.
When should you enter into an inheritance?
Article 1163 of the Civil Code of the Russian Federation states that the certificate is issued only 6 months from the date of opening of the inheritance. Accordingly, you also have six months to contact a notary. If this period has passed, you can go to court, where within 5 days a decision will be made whether to reopen the case or not. It will come into force 10 days after its announcement. The period for applying to Rosreestr is not limited in any way if a certificate of inheritance has already been received. Documents on ownership of the new owner are issued from 10 to 30 days.
If there is only one heir, and this is confirmed by all checks, the certificate can be issued earlier than after 6 months.
Extension of deadlines
The period for entering into an inheritance can be extended through a judicial procedure. Grounds for going to court:
- the presence of a serious illness in the heir;
- business trip to another country;
- living abroad;
- being in prison;
- lack of information about the death of the testator.
In some cases, the deadline for accepting an inheritance can be extended by agreement between the heirs (Article 1155 of the Civil Code of the Russian Federation). The written consent of the heirs who have assumed their rights is the basis for canceling a previously issued certificate and issuing new documents to applicants.
Sample application for inclusion of a legal successor in the list of heirs
What documents are needed to enter into an inheritance after the death of a mother?
All information presented below will be considered from the perspective of inheriting an apartment!
- Heir's passport.
- Mother's death certificate.
- Certificate of persons registered in the apartment (form No. 9). It can be obtained from the migration service (now combined with the Ministry of Internal Affairs) or from Rosreestr.
- Birth certificate or other document that can prove relationship with the deceased.
- A deed of gift for the apartment, a certificate of ownership or any other documents confirming that the apartment is indeed the mother’s property.
- Explication from the BTI and a certificate of the cost of the apartment.
- Extract from the Unified State Register of Real Estate.
- Statement of debt for rent, utility bills and telephone.
- If there is a will, this will also be required.
- List of all potential heirs with contact information.
Conditions for inheritance by dependents
The very fact that the dependent was supported by the testator must be proven. The following documents are required:
- Documentary evidence of incapacity for work (pension certificate, disability certificate)
- Documentary proof of residence with the testator (if the dependent is not a relative or a relative so distant that he is not included in any line, it is also necessary to prove that he lived with the testator for a year or more, until the day of his death)
How to enter into an inheritance after the death of a mother WITHOUT A WILL
If you are inheriting your mother's property, you will need to register the title.
Procedure
- Applying to a notary with an application.
- Providing a package of documents.
- Payment of state duty (see its amount below).
- Obtaining a certificate of inheritance.
- Re-registration of the apartment for yourself.
According to Article 1162 of the Civil Code of the Russian Federation, it is not necessary to obtain a certificate. But without it, it will be impossible to re-register the property.
Statement
The need to submit an application is established by Resolution No. 4462 of February 11, 1993. It is executed exclusively in writing directly at the notary’s office. The document must contain the following information:
- The notary to whom the application is submitted.
- Passport details of the recipient of the inheritance.
- Grounds for receiving inheritance.
- Details of the testator, including his last place of residence and date of death.
- Description of inheritance. It should be as detailed and comprehensive as possible to avoid controversial situations.
- Date and signature.
Some elements of the document, if they are not known to the recipient of the inheritance, may not be indicated.
Example : The heir is a child who, for some reason, has not contacted his mother for a very long time. He may not know her last place of residence or may not remember her passport details.
Procedure
Let's consider the procedure in more detail. First you need to contact a notary. You can choose anyone based on the mother’s place of residence before her death. If this cannot be established for some reason, you can contact notaries at the location of the apartment. He will be required to issue a certificate of inheritance rights.
The notary must be provided with a complete list of documents (see below), after which the procedure for establishing the composition of the inheritance will begin, checking the presence of other claimants to the property, as well as the grounds for entering into the inheritance. For example, if you have a brother or sister, then the apartment will be divided equally between you, unless otherwise stated in the will.
Only when all the necessary actions have been completed will the notary be able to issue a certificate of inheritance, which is necessary in order to transfer the apartment to himself. To do this, the heir applies to Rosreestr, where he is given new documents, within the framework of which he receives the right to dispose of housing, rent it out and sell it.
Expenses
Article 333.24 of the Tax Code of the Russian Federation (clause 22) states that for issuing a certificate of inheritance (it does not matter whether by law or by will) it is necessary to pay a state duty in the amount of 0.3% of the price of the apartment, but not more than 100 thousand rubles. For example, if the property is valued at 1 million, you will have to pay only 3,000 rubles, but if the cost of the apartment reaches 100 million, then the payment will not be 300 thousand, but only 100.
The 0.3% rate applies only to children, spouse, parents, sisters and brothers. All other, more distant heirs will have to pay 0.6%, but not more than 1 million rubles.
In some cases, payment of state duty can be avoided. If the heir lived with his mother before death and continues to live in the same apartment, which should become an inheritance, then he is not obliged to pay anything. Also, disabled people of groups 1 and 2 receive a 50% discount on state fees. This is regulated by paragraphs 2 and 5 of Article 333.38 of the Tax Code of the Russian Federation.
It should be taken into account that when re-registering property rights, in any case, it is necessary to pay another fee in the amount of 2000 rubles (clause 22 of Article 333.33 of the Tax Code of the Russian Federation). There are no exceptions to this clause.
Registration of a share in an apartment after the death of the mother
You can register a share in an apartment in the same way as the entire property. Division into shares is possible in different situations. The most common: a mother and two children lived permanently in the apartment. After the death of the mother, the property will be divided equally among the children. In the amount of 50% for each. If there is a father, then first half goes to him. The remaining 50% of the property is already divided among all heirs, including the father. Thus, in the end, the spouse receives 66.67%, and the children receive 16.67% each.
It is recommended to perform all actions together: contact a notary and register the property. In addition, it is better to request a certificate of inheritance right with all the registered heirs at once, and not one for each. But this is just for convenience; in fact, you can do it as the parties wish.
All deadlines are established by law and therefore cannot be changed. It makes no difference whether the apartment is decorated in full or only part of it. Just in case, let's repeat it again:
- You need to contact a notary no later than 6 months from the date of opening of the inheritance.
- A certificate of inheritance rights is issued after six months.
- If this deadline is missed, you should go to court. Within 5 days, he makes a decision to reopen the case, which comes into force after 10 days. After which you need to contact a notary.
In the case of several heirs, the state duty is divided between each of them according to the share that he receives. For example, if an apartment is divided into 2 parts, then each of the heirs is required to pay a state fee in an amount equal to 0.3% of half the cost of the apartment. But for registering property rights in Rosreestr, everyone will have to pay 2,000 rubles. Without any discounts.
Controversial and problematic situations
When there is only one heir, the apartment is in order, he lives there and no incidents happen, then the procedure is not particularly complicated. Unfortunately, this is the exception rather than the rule. Let's briefly look at the most common problem situations and how to solve them.
- The apartment is not privatized. It is impossible to transfer such real estate by inheritance. The only option is to file a claim with the court with a request to recognize the apartment as privatized, after which it will be possible to inherit it.
- Apartment with mortgage*. In such a situation, the entire balance of the debt must be paid by the heir. If there are several of them, then everyone is obliged to pay their share. Alternatively, the bank may approve the sale of the property. If any funds remain after the transaction, they will be divided between the heirs in the same parts in which the apartment was divided.
*Banks often require that an agreement be concluded with an insurance company in the event of the death of the debtor. In this case, the remainder of the debt (or a significant part of it) will be paid by the insurance company.
It is not always possible for heirs to agree among themselves who will own what share and what belongs to whom. With an apartment, everything is usually simpler, because the shares are determined by law and there can be no double interpretations here. However, some heirs may want to sell their share, while others want to live there. And they can’t always get along with each other. In such a situation, as in all problematic cases, you cannot do without the help of a lawyer. We will resolve all controversial issues, help with documents, tell you how best to carry out each of the steps, and ultimately you will become the owner of the entire apartment or part of it without the risk of losing everything.
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
123
State duty upon entering into inheritance in 2021
According to the legislation of the Russian Federation on taxes and fees upon entry into...
12
How to prove and confirm relationship with the deceased
The presence of family ties is the main condition for a calling to inheritance...
39
Refusal of inheritance
There are different reasons for refusing inheritance. Among them...
6
Valuation of a car for inheritance for a notary
Registration of a car received as an inheritance requires the presence of an established list of documents...
17
Selling a house or apartment after inheritance
After receiving the inheritance, the successors can dispose of it at their own discretion....
37
Actual acceptance of inheritance
To take possession of inherited property, you must accept it. Exists…
