How to register an apartment as an inheritance?

1

The procedure for registering an inheritance is determined by law. This includes collecting documents, submitting an application, assessing assets, paying taxes, and obtaining a certificate. The final stage is registration of ownership. Legally significant actions can be carried out independently or through a representative. It remains to figure out where exactly the papers are submitted, and what role the MFC plays when registering an inheritance.

What is MFC

Expert opinion

Stanislav Evseev

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

MFC is a multifunctional center for the provision of public services to the population. The government uses the one-stop-shop principle, allowing citizens to submit documents to one of the government agencies through the MFC.

Such institutions simplify the procedure for registering property rights as much as possible. Citizens save a lot of time. The interaction of the center with the relevant government agency subsequently occurs without the participation of the applicant. The activities of the MFC are regulated by Federal Law No. 210-FZ dated July 27, 2010.

The main task of the centers:

1. Improving the quality of public services.
2. Reducing the number of administrative barriers.
3. Increasing the efficiency of executive authorities.

In its activities, the MFC uses an automated information system. It ensures information security and reliable protection of citizens’ personal data.

Registration of inheritance through the MFC is completely impossible. The only help of a multifunctional center can be state registration of real estate.

Important! The list of MFC services depends on the specific region. In some regions, you can obtain a certificate from the Federal Migration Service through the center. To clarify the list of services, you must contact the regional My Documents office.

Special terms of the will

The will may specify special conditions - one or several at once. These special conditions include:

1. Testamentary refusal . Obliges the persons accepting the inheritance to perform some action in favor of the persons included in the will. For example, the testator may demand that one of his relatives be allowed to use the inherited apartment (houses) or part of this real estate for life. The requirements may be different.
2. Testamentary investment . These are requirements of a property or non-property nature that the heir is obliged to fulfill in accordance with the will of the testator. Requirements can be very diverse. For example, taking care of the testator’s grave, maintaining his beloved pet, visiting relatives on Fridays, etc. The heir's refusal to make a testamentary investment is equivalent to a refusal to accept the inheritance, since the inheritance can only be accepted in its entirety, but not in any part of it.

But not every requirement can be included in a will. The law prohibits including in the conditions anything that contradicts the Constitution, as well as other norms of legislation. It is impossible to require the heirs to change their occupation, change their religion, enter into or dissolve a marriage, move to another city, etc. It is also impossible to require in a will to support someone in response to the transfer of an apartment or house; for such obligations there are other legal relations provided for by law.

The testator cannot prohibit his heirs from freely disposing of the property transferred under the will : donating, selling, etc. Moreover, in the will it is impossible to oblige the heir in the event of the sale of real estate to give someone a part of the proceeds from the sale. Any of the above violations will lead to the invalidation of the will.

In addition, the testator should remember that any will is not the final truth; if desired, it can be changed, corrected, or remade at any time. And until the will has entered into legal force, and this happens after the death of the testator, the real estate can be disposed of as desired, and only the loss of ownership of this object deprives the document of its meaning.

General procedure for registering an inheritance

Registration of inheritance involves the following actions:

1. Preparation of documents.
2. Contacting a notary.
3. Submitting an application for acceptance of inheritance.
4. Property valuation.
5. Payment of duty.
6. Obtaining a notarial certificate.
7. Contacting the registration authority.
8. Registration of property rights to real estate.
9. Obtaining an extract from the Unified State Register of Real Estate.

In some cases, the registration procedure may be different. For example, if the successor accepted a cash contribution by inheritance. After receiving the certificate, registration of ownership is not necessary. The heir just needs to contact the bank, write an application and receive his money.

How to refuse an inheritance

You can register a renunciation of inherited property with a notary; the deadlines are the same as for acceptance. The list of required documents for this is significantly simplified. The heir will only need his passport and the death certificate of the testator. You must also provide a certificate of your last place of residence.

Next, an application is written, notarized, and all documents regarding the refusal are attached to it. In the text of the appeal, you can indicate the individual in whose favor you are giving up the property.

Composition of heirs

The circle of legal successors depends on the method of inheritance

Claimants entitled to inheritance

The property that belonged to the deceased is transferred to the disposal of the closest relatives. There are three main degrees of relationship:

1. Parents, children, spouse.
2. Grandmothers, grandfathers.
3. Siblings, then cousins ​​and second cousins.

Accordingly, first of all, the inheritance goes to the closest people in terms of kinship. If they refuse, the property goes to the next category of relatives, etc.

Is it possible to register an inheritance through the MFC?

If we talk about submitting an application and obtaining a certificate, the MFC does not provide such services. Legal successors should contact a notary.

Papers are submitted:

• at the registration address of the copyright holder;
• at the location of the property of the deceased owner (if the documents do not contain a permanent registration address);
• at the place of storage of valuable property (if the owner did not own the real estate);
• by court decision (if the place of opening of the inheritance is established in court).

The heirs are given six months. Time is calculated from the moment of death of the owner of the property.

Actions of a notary:

• establishes the identity of applicants;
• checks papers;
• starts an inheritance case.
• issues a certificate to legal successors (it is necessary when registering property rights).

If the legal successors accepted the property after the fact, then they can contact the notary later. The law does not set specific deadlines.

Heirs can proceed from life circumstances. However, without a certificate, citizens will not be able to register ownership.

To register property rights, the assignee can contact one of the government agencies:

• Federal Tax Service;
• traffic police;
• Rosreestr.

The final authority depends on the type of property being registered. To register real estate, the heir can contact the MFC.

The multifunctional center acts as an intermediary. For example, if you need to register ownership of an apartment or a plot of land.

List of documents for receiving a formalized inheritance

The documentation will vary depending on the type of inheritance object. This could be a house, car, garage, etc. Below is a general list.

Documents confirming ownership of property:

1. Agreement of purchase and sale or privatization, exchange, gift.
2. Certificate of inheritance, jointly acquired property.
3. Court decisions or notarial certificate recognizing ownership of property.

Technical documents:

1. Cadastral plan for the land.

1. Technical passport of the residential premises.
2. Technical passport of the vehicle.
3. Certificate of ownership.
4. Vehicle registration certificate.

1. A document with the estimated value of the property. Important: the assessment must be carried out by an appraiser with a certificate of membership in a self-regulatory organization of appraisers.

Additionally, they may request a will, if available, and other documents.

What property is subject to registration?

Unfortunately, not every type of property can be registered through a multifunctional center. The only option is Rosreestr.

The powers of the MFC extend to the following property:

• a private house or part of it, if the property was inherited by several people;
• apartment or one of the rooms in it;
• garage space;
• other non-residential premises;
• land plot.

Movable property or securities are registered with other government agencies.

How to make a will correctly

Registration of the right to inheritance through the MFC is possible only with a well-drawn will. If there are inaccuracies in it, then this is grounds for challenge. When drawing up property rights, the following rules must be observed:

• A will can only be in written form;
• It must be certified by a notary;
• Instructions should be presented precisely and concisely;
• Abbreviations in the text are not allowed;
• The person making the will must be in good health;
• The document must be drawn up in two copies;
• The paper must be registered in the register.

Important! Failure to comply with the above requirements may lead to difficulties in preparing documents for the heir.

The procedure for registering inheritance at the MFC

If the heir decides to use the services of the MFC, then he will need:

1. Prepare a package of documents.
2. Submit an application to a notary.
3. Conduct an assessment.
4. Pay all required payments.
5. Receive a certificate and an extract from the Unified State Register at the designated time.

You can act independently or through a representative. After receiving the certificate, the successor can register property rights through the MFC.

The center does not charge any additional fees. The heir pays only the state fee.

Procedure

When registering an inheritance through the MFC, the applicant must independently submit an application to a notary. Citizens are given 6 months .

Missing deadlines excludes the possibility of obtaining a certificate. Extension of deadlines is allowed only by court decision. To avoid judicial red tape, you must visit a notary in a timely manner.

Where are the papers submitted? The territorial connection goes to the place of residence of the testator. Documents are submitted to the nearest notary office.

If there are several of them in the area of ​​residence of the deceased citizen, then the heir can check with any notary where he needs to apply. Addresses of notaries can be found on the website of the Federal Notary Chamber.

After registering the inherited property, the successor must submit an application for registration of property rights to the MFC. Re-registration of documents will take from 7 to 12 days . If you contact Rosreestr yourself, the procedure may go a little faster.

Statement

The application is submitted in simple written form. Every notary has a sample form. There is no standard template provided by law.

The application must indicate the following information:

1. Name of the notary office.
2. Information about the heir/testator (registration address, full name).
3. The essence of the request.
4. Composition of the inheritance.
5. Mention of other assignees.
6. Grounds for registration of inheritance (will or kinship).
7. Date, signature.

Sample application for acceptance of inheritance

Documentation

When registering an inheritance, you need to prepare the appropriate papers. Their list depends on who applies to the notary. If the heir acts through a representative, then he will submit the main package of documents to the notary himself.

The following documents must be submitted to the multifunctional center:

1. Applicant's passport.
2. Death certificate of the copyright holder.
3. Notarized power of attorney.
4. Extract from the Unified State Register of Real Estate. The document confirms the property rights of the testator.

If a legal representative acts on behalf of a minor applicant, then interim documents will also be required. For example, a child's birth certificate.

Deadline for taking ownership of an apartment under a will

The law determines the exact deadline for filing an application for acceptance of inheritance. The heirs under the will must declare their rights within 6 months .

The link goes to the date of death of the testator. It is indicated on the death certificate.

If a citizen was declared dead by a court decision, then the countdown begins from the day the procedural document enters into legal force (Article 1114 of the Civil Code of the Russian Federation).

Peculiarities

1. The state registration certificate may not look as expected. The form has undergone many design changes, so no matter what size the coat of arms is on it or the thickness of the border, the document is valid. Since July 15, 2016, Certificates have ceased to be issued. Instead, ownership is confirmed by an extract from the Unified State Register. These are A4 sheets, stapled, numbered and signed by the registrar with the seal of Rosreestr.
2. The date of issue of the document (in the upper right corner) is of great importance. If less than 3 years have passed since the receipt of the Certificate, it is necessary to pay tax on the sale of the apartment, amounting to 13% (for foreign citizens - 30%) of the cost of the apartment, taking into account a tax deduction equal to 1 million rubles. Therefore, it is recommended to register the property immediately after receiving the certificate of inheritance.
3. The document reflects information about the owner. It is important to check everything by letter, check it with your passport. If an error is found, you can contact Rosreestr with a request for corrections. Changes are made within 3 days.
4. If someone else tries to register an apartment, the copyright holder will receive a notification about the activities of fraudsters.

In fact, by inheriting property or acquiring it by submitting an application to a notary, the heirs enjoy the benefits without thinking about the need for state registration of property. Having entered into an inheritance, they are already the owners, but their rights are very limited. Many heirs realize this only when it is necessary to dispose of an apartment, house or other real estate. Often, even the need to obtain a certificate of inheritance is ignored, and relatives have to go to court and make a lot of efforts in order to prove that such property belongs to the actual owner if such property is inherited.

Why registration is necessary, and what consequences may occur if it is not registered, the lawyers of the website ros-nasledstvo.ru will help you figure it out. Information submitted to Rosreestr to legitimize their rights at the state level is necessary for both owners and persons wishing to purchase property. By ensuring transparency in the movement of real estate, you can protect yourself and your loved ones from the machinations of fraudsters.

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Main reasons for refusal and solutions

There may be situations when the heir is denied registration of the right to property. There may be several reasons for this. Thus, a person will not receive property if it is under arrest or encumbrance. Registration of rights is also delayed when there are disagreements between several heirs that can only be resolved by going to court.

Since each case is individual, there are no standard recommendations on how to solve the problems that arise. If a refusal occurs, it is best to immediately consult with a lawyer by telephone. You can do this for free by calling the telephone number from any corner of the country (ext. 142).

In order to immediately receive a fruitful consultation that will help you understand how to proceed further, you should first remember and write down all your questions, and only then call a specialist.

More about state tax

As of 2021, the amount of inheritance tax from the state is calculated individually depending on the type of property. In this case, the value of the object and the degree of relationship of the future heir with the deceased are important. Thus, heirs of 1–2 stages pay 0.3% of the cadastral value of a land plot or any other property. In this case, the final price in no case can exceed 100,000 rubles. For other relatives, the interest rate is 2 times higher (0.6%), but the final amount cannot be higher than 1 million rubles. Each heir has his own state tax, the amount of which is directly affected by the size of their shares of the property. After making the payment, they must provide receipts to the notary.