When a close relative dies, in whose name a share in a privatized apartment is registered, potential heirs living with him expect to become the owners of this living space. Since the inherited housing is owned by several persons, the procedure for re-registration of the share has its own characteristics.

How is a share in a privatized apartment inherited?

The process of inheriting privatized real estate is regulated by civil law and has certain nuances. According to the law, persons permanently residing in residential premises on the basis of a social tenancy agreement can become participants in privatization. After the death of one of the owners, legal successors can claim his part of the privatized square meters.

If the owner of the apartment disposed of his property during his lifetime and left a will, the registration of a share in the property will be carried out by the persons indicated in the last will of the deceased. In the absence of a testamentary disposition, the residential premises or part thereof that belonged to the testator are inherited by law in order of priority.

According to the will of the share owner

When drawing up a will, the owner of a share in a privatized property can choose any individual or legal entity as a legal successor. The presence of kinship is not a prerequisite for drawing up a document.

Close relatives not mentioned in the testator's order cannot claim the privatized living space. The exceptions are children under 18 years of age (including those born after the death of the testator), dependents and disabled persons who belong to the first stage of kinship inheritance established by law. They have the right to demand half of the share due to them by law and to defend their interests in court.

If the testator distributed the shares among the specified successors, each of them formalizes ownership of part of the housing in accordance with the last will of the owner. If there was no clear distribution of shares, the area of ​​the immovable property is divided into equal parts between the legal successors mentioned in the order.

According to the law according to the order

If one of the property owners did not have time to document the disposal of his acquired property during his lifetime, after his death the ownership right passes to his legal successors (more details in the article:). The current legislation determines the order in which potential heirs assume their rights. This principle is based on the degree of relationship of the deceased relative with the legal successors.

The Civil Code of the Russian Federation recognizes such close relatives as natural and adopted children, legal spouses and parents of a deceased person as priority heirs. The testator's property is distributed between them in equal parts. The rest of the relatives do not participate in the inheritance.

The right of inheritance passes to the second-priority successors (grandfathers, grandmothers, sisters, brothers) in the absence of primary heirs, an officially formalized refusal or exclusion from entering into the inheritance. According to the same principle, inheritance rights are transferred to the next successors.

The law establishes seven degrees of kinship, representatives of which can claim the property of a deceased relative in order of priority. The eighth line of inheritance allows his disabled dependents to receive the property of a deceased person who has no relatives (we recommend reading:).

How to register an inherited share?

The process of registering an inheritance share in a privatized apartment can begin after the inheritance has been opened (we recommend reading:). It consists of several stages:

1. studying the rights to assets owned by the testator;
2. filing an application for inheritance rights;
3. payment of the state fee for registration of documentation;
4. state re-registration of housing rights.

In order to avoid problems when registering ownership of a share of a residential premises, it is necessary to consult with a notary about the intricacies of this procedure. If not one successor, but, for example, three, has the right to inheritance, it will be necessary to draw up an agreement on dividing the inherited share into three parts. Disputes between successors, the subject of which is inherited property, are resolved in court.

Where to apply and when?

The legal successors of the property owner must apply for acceptance of the inheritance to the notary's office no later than 6 months from the date of death of the testator. If you apply at a later date, the legal heir will have to defend his rights in court.

If there is a will, the documents are drawn up at the place where the inheritance was opened. In the case of inheritance by law, the main criterion when choosing a notary office is the place of residence of the testator or the location of the residential premises of which he was the owner.

The closure of the inheritance case is carried out by a notary six months after its opening. Legal successors who express a desire to inherit within a six-month period are issued certificates of the right to inherit the corresponding shares.

To re-register the received share in a privatized apartment, the new owner must contact Rosreestr at the place of registration of the residential premises with a corresponding application. The registration procedure takes seven working days, after which the owner is issued a new owner certificate.

What documents are needed?

When contacting a notary office, the legal successor must submit to the specialist a corresponding application and the following list of papers:

1. death certificate of the owner of a share in a privatized residential premises;
2. a testamentary disposition or document confirming the existence of family ties with the deceased;
3. a certificate containing information about the place of permanent registration of the testator;
4. internal passport of a citizen of the Russian Federation;
5. title documentation for housing;
6. a report from an appraisal company or other paper with information about the current value of the premises.

To re-register ownership rights to an inherited part of privatized housing, you must fill out an application form and submit it to the Rosreestr branch or the nearest MFC. Along with the application you will need to provide:

• certificate of inheritance issued by a notary;
• documentation for the property;
• a receipt confirming payment of the state fee for registering rights to an apartment in the amount of 2,000 rubles.

Is it possible to actually accept an inheritance without going to a notary?

If a citizen accepted an inheritance, but did not formalize it accordingly within six months, he can count on receiving a certificate of heir in the future. To do this, he must provide the specialist with undeniable evidence of the fact of acceptance of the testator’s property.

If the notary has not confirmed the actual acceptance of the inherited assets, the heir may go to court to obtain the possibility of legal registration of the accepted share. Acceptance of property must be accompanied by the adoption of measures to preserve it, manage it, and bear the costs of maintaining the apartment on the part of the heirs.

Not in all cases, all inherited property goes to one heir. Often there are several of them. Therefore, a “division” begins between all potential successors. In this case, each of them receives his share. Therefore, the inherited property ends up being owned by several people.

There is a procedure established by law that will determine the process of dividing inherited property and allocating shares from it. Often, the division of inherited property between relatives does not go very smoothly. Therefore, controversial issues arise. In addition, the law also determines the procedure for processing documents.

In total, inheritance of shares in an apartment occurs in the same order as in the case of inheriting an entire apartment. However, there are some nuances in this matter.

An inheritance case is opened in a notary's office immediately after the owner of the real estate has died. First of all, find out whether there was a will.

It is the presence or absence of this document that will determine the order in which the heirs will receive their inherited property:

• on the basis of a will;
• legally.

If potential heirs have no claims against each other, and there are no difficulties with completing the necessary package of documents, then the procedure for entering into inheritance occurs as follows:

• Contact a notary and write a statement stating your desire to accept the inherited property;
• Next, pay the fee for issuing the required document (certificate);
• After this, in due time, the notary prepares the certificate and hands it over to the heirs;
• Then go through the procedure of registering ownership of the share in the apartment that was inherited. To do this, contact the registration authority.

In addition, inherited property is accepted not only through legal procedures. An inheritance can also be accepted formally. That is, directly use the property that is inherited.

What does it mean?

This means that the potential heir begins to use, manage, and dispose of the property that belonged to the deceased. The heir must implement both methods of inheriting property immediately six months after the inheritance case was opened.

Note! The heir's performance of the listed actions (registration of the inheritance from a legal or factual point of view) means that the heir has consent to accept the inherited property. At the same time, the remaining heirs have nothing to do with this. Each heir is obliged to independently enter into inheritance of his share exclusively personally!

Inheritance of a share in an apartment by will

The owner of residential property, in this case, has the right to decide exactly how the shares will be inherited after his death. The only way to resolve this issue is to draw up a will. It is on the basis of this document that the share of each of the future recipients will be determined. In this case, the testator has the right to indicate not only his relatives, but also completely strangers.

The testator has the legal right to determine what share of the property he owns will go to whom. For example, he can equally distribute the share between his wife and his mistress, and one-third of each for his children, of whom he has three, he can bequeath the remaining shares to other relatives.

However, relatives do not always agree with the will of the testator, which is expressed in the will. What to do if the heirs feel that they have been deprived?

Who is entitled to a mandatory share in the inherited property?

There is a category of heirs who must be allocated a mandatory share in the inherited property, even if they were clearly deprived of the part due to them. This group of people includes spouses and parents who, for a number of reasons, are considered disabled. They also include children under 18 years of age, or those recognized as incapacitated for a number of reasons.

This category of citizens can claim to receive half the share that they should have received if a will had not been drawn up. Therefore, even if the testator deprived them of their due part of the inheritance, they have every chance to defend their share and receive it.

In this case, the obligatory share will be allocated only from that part of the inheritance that was indicated in the will. In the event that a will was not drawn up, or this property was not indicated in it, then it will be inherited according to the law, that is, according to the principle of equality of shares and in order of priority.

Inheritance of a share in an apartment by law

In our country, it is not customary to worry about the fate of your property. In addition, there are situations when, for a number of reasons, the death of a relative happens unexpectedly and he did not have time to think about his will. In this case, the principle of equality of shares and exclusively in order of priority will apply during inheritance.

From a legal point of view, there are seven main lines of potential successors:

• The first line will include legal spouses, their children, as well as parents;
• In the second place, a brother, sister, grandmother and grandfather can claim to receive an inheritance;
• The third line consists of siblings;
• The fourth line includes uncles and aunts;
• To the fifth great-grandparents;
• These are all cousins ​​and grandchildren, as well as grandparents;
• This includes great-grandchildren, aunts and uncles;
• A special group includes persons who are stepfathers and stepmothers, as well as stepsons and stepdaughters.

It is the relatives who belong to the first priority and have the primary right to receive inherited property. If they are not there, then the rights to receive the inheritance go to the second and further in order. All heirs are entitled to receive equal shares.

Division of an apartment share between heirs

This state of affairs does not at all contribute to the peaceful entry into inheritance, so very often many controversial issues arise between the heirs. To achieve a peaceful solution to the problems, they have exactly six months, which are provided for by law for accepting the inheritance.

In order to accept inherited property, heirs should contact the notary's office with applications and obtain the necessary certificates. After this, they enter into a written agreement on the procedure for dividing the inherited property. Such a document is called an agreement on dividing the inheritance into parts.

Something to take into account! It is impossible to conclude such a document until all the heirs officially assume their rights. That is, until they are given certificates of inheritance.

Since in this case the apartment is the inherited property, a number of provisions must be included in the agreement:

• How will the apartment be divided into parts (shares);
• Will the size or proportion of shared ownership change;
• Is it possible to transfer shares to the full disposal of the only successor;
• What is the value of the shares;
• Is it possible to buy back shares, and what is the amount of compensation in monetary terms?
• Other circumstances.

Once all the formalities have been completed and the agreement has been concluded, register your rights to the inherited property that has been divided into shares.

Now the heirs need to contact Rosreestr and submit there a certificate of receipt of the inheritance, as well as an agreement on how the inherited property will be divided. If the documents are slightly different (different share sizes), this may be a reason for refusal of registration.

When is inherited property divided through court?

However, a peaceful solution to the division of property is not always possible. The relatives cannot decide on the future fate of the apartment. It turns out that there is a controversial issue about the division of property received by inheritance. In this case, you will have to involve a third party - the court - to solve the problem.

If there is more than one claimant, the successor acts as a plaintiff or plaintiffs, who draws up a statement of claim to the judicial authority to obtain a fair decision on the controversial issue and on the division of the apartment received by inheritance. Another successor will act as a defendant.

The claim must set out the circumstances under which the death of the person who left the inheritance occurred, the composition (what is included in the property of the testator), the most optimal options for dividing into parts (shares), as well as the situations that led to the dispute, and a request to the judicial authority on the division of an apartment inherited into shares.

In the event that one of the successors is a person under 18 years of age or is declared incompetent, then when applying to a judicial authority, the guardianship and trusteeship authorities will be notified without fail.

In the event that the matter comes to court proceedings regarding the division of inherited property, the judicial authority will be guided by the following grounds:

• Successors who had the right of joint ownership on an equal basis with the testator for this residential property have the right to act as a contender for receiving shares in the property;
• Persons called to inherit disposed of the apartment that they inherited (along with the household items that are in it). They have the basic right to dispose of residential real estate, as well as property, in comparison with other applicants who were not previously interested in an apartment;
• Applicants for inheritance already live in an apartment that was inherited and have no other property. This category has a preferential right in the event of a judicial division of shares, compared to other successors who have not previously lived in the apartment or had other residential property.

How does the buyout of shares take place? Who has the right of first refusal to make a purchase?

There is another possible option, which is also often used when distributing shared ownership. We are talking about ransom.

Often, heirs are faced with the problem that the apartment is divided between relatives into a large number of small parts. In this case, other successors who received a small share try to acquire compensation in monetary terms. Therefore, they retain the right to sell this share.

The remaining heirs have the right to make a purchase. Therefore, before putting your share up for sale to third parties, it should be offered to other heirs. If other heirs refuse it, then the heir retains the right to sell the share to third parties.

Suppose a mother and two daughters received equal shares in an apartment upon inheritance. However, the daughters are not interested in living in the same living space with their mother. Therefore, they can sell their shares to their mother, and she becomes the sole owner of the apartment.

If the mother does not want to purchase these shares, the daughters can put them up for sale, for example, through a real estate agency. Probably, the mother will not want to turn the apartment into a communal apartment. Therefore, this option is practically excluded.

If a peaceful solution that would satisfy all relatives is really the sale of the inherited property and the division of the money received for it among the successors in equal parts.

An apartment is a property that cannot actually be divided. This causes a lot of controversy and difficulties when dividing. How to get a share in an apartment by inheritance?

According to the law, all priority heirs have equal rights to housing and to inherit shares in the apartment. In their absence, the division of the apartment by inheritance can be carried out by heirs of the second stage, etc. up to the seventh. The priority is determined by the degree of relationship and is determined by Art. 1142-1145 ch. 63 Civil Code of the Russian Federation.

Ideally, relatives agree among themselves to transfer ownership to one of them, usually the person living in the apartment, with the condition that their shares are compensated according to market value. In practice, such issues are often resolved in court..

The situation may get worse if one of the heirs is also the owner of a share in the apartment. In this case, the law gives him the pre-emptive right to buy out the remaining shares.

Attention: If one of the heirs lives in the apartment permanently and has no other housing, he also has an advantage over the others and has the right to count on further residence or adequate compensation for his share.

Section by will

If the testator expressed his will in a will before his death, identifying heirs becomes much easier. A will can transfer the entire apartment or part of it to any citizen, not just a relative.

However, it should be remembered that the legislation protects the rights of direct heirs of the first priority if they are disabled. If they wish, they can easily challenge the will in court and receive a guaranteed ½ share due to them by law.

Important: The main condition for the validity of a will is the full legal capacity of the testator.

Inheritance by fact

This formulation essentially means the use of inherited property without the official procedure for accepting the inheritance. Most often it is practiced in relation to non-privatized housing by persons living in the apartment permanently with the deceased.

If we are talking about the inheritance of a share in a privatized apartment, untimely registration of the inheritance is fraught with difficulties when selling the home.

As well as obtaining the necessary certificates, registration of any family members, etc.

How to divide an apartment by inheritance?

Sometimes there is a need to sell your share in an apartment. The law allows this possibility subject to the following conditions::

1. Allocation of your share in fact, if possible. For example, it is realistic to allocate a room in a two- or three-room apartment.

   If this is not possible, determine the procedure for using the living space. Such events are carried out in court.

2. An offer to sell a certain share to the remaining heirs must be in writing.

If the purchase is refused, the heirs are allowed to organize a public sale of their part of the apartment. Obviously, the chances of selling the allocated part of the apartment as a separate room are higher.

For your information: The State Duma is currently developing a bill obliging heirs to sell the apartment within a three-month period from the date of its receipt. The proceeds will be shared.

Do you know how to divide a privatized apartment without a will? Let's find out the answer in this video:

Registration of ownership of a share in an apartment by inheritance

The heir becomes the full owner of the share assigned to him only after registering his right in the Unified State Register. How to register a share in an apartment by inheritance?

To register a share in an apartment by inheritance you will need:

1. Obtain from a notary a certificate certifying the right to inheritance.
2. Prepare documents for transfer to the Federal Registration Service (Office of the Federal Registration Service):
   • application requesting state registration;
   • passport;
   • a receipt for payment of the state duty or a document confirming the benefit that exempts you from paying it;
   • certificate of inheritance;
   • an agreement between heirs on the division of housing or a court decision determining the share of each;
   • a document confirming the ownership of the testator’s home;
   • cadastral passport, if the technical condition of the apartment has not changed since its last submission to the registration authorities.
3. Next, all that remains is to wait for the collected documentation to be verified by the authorized bodies and receive a certificate of registration after 10 days.

Important: Registration of a share in an apartment by inheritance requires that copies of all documents must be certified by a notary without fail.

Application form for state registration of real estate rights: , .

Inheritance of a share in a privatized apartment

In order to enter into inheritance rights, it is necessary to submit the following documents to the notary's office within six months after the death of the testator:

• statement of intention to become an heir to a share in the apartment;
• death certificate of the previous owner;
• certificate from the place of residence of the testator;
• a document confirming the relationship with the deceased;
• title documents for the apartment;
• certificate from the BTI about the cost and plan of the apartment;
• an extract from the personal account confirming the absence of debts;
• an extract from the house register listing everything registered.

Application for acceptance of inheritance: and.

If it was not possible to find a compromise solution during the division, further determination of the shares of each of them and inheritance of the share of the apartment will continue in court.

For your information: The heir may renounce his share in favor of another. It is important to know that this decision is irreversible.

Inheritance of an apartment in common joint ownership

The law classifies as common joint property the property of spouses acquired during the period of their cohabitation. Inheritance of an apartment in joint ownership has a characteristic feature due to the impossibility of allocating shares.

Each spouse has the right to all joint property. So, previously, after the death of one of them, the second a priori became the owner of the entire apartment. Since 1996, inheritance has been carried out according to the general procedure.

In this case, the surviving spouse still remains the owner and inherits 1/2 share of the apartment, as the primary heir by law, unless a will is left with a different expression of will.

Advice: If you have a home in joint ownership, you should take care of drawing up a will in advance. This measure will prevent many unnecessary disputes when inheriting a share in an apartment with common shared ownership.

Tax

Share in an apartment by inheritance and tax, what is said about this in the legislation of the Russian Federation? According to Law No. 78-FZ dated July 1, 2005, no tax is levied on the inheritance of residential real estate.

The exception is for persons who have the right to receive income from the works and inventions of the deceased. For them, the inheritance tax on the apartment share will be 13% of the market price of the apartment.

The rest are only charged with paying the state fee to obtain a certificate of inheritance, which will amount to 0.3% of the cost of housing for heirs of the first and second stages and 0.6% for subsequent ones. With one caveat: in the first case, the payment should not exceed 100,000, and in the second - 1 million rubles.

For your information: The state duty is paid by each of the heirs separately.

Conclusion

Peace and harmony between loved ones can save all participants in cases of inheritance of housing from unnecessary hassle and unnecessary expenses.