Accepted an inheritance but did not register ownership, what will happen

If the heir has entered into an inheritance, but has not registered ownership, he will have to do this in any case if he intends to retain the property acquired from the testator and dispose of it in any way. Of course, first of all, this procedure applies to inherited real estate. This could be an apartment, a private house, a summer house, a garage, or a plot of land. It is real estate that requires mandatory registration of property rights in Rosreestr.

Everyone knows, to one degree or another, the basic rule of receiving an inheritance. However, they know only approximately what to do in the presence of property inherited after the death of loved ones, which seems to have already become their own without any registration.

The law provides a clear procedure for obtaining rights to inherited property:

• Declare your desire to accept the abandoned property at the notary's office, collect the necessary documents, present them to the notary and receive a certificate of inheritance.

The legislation allows six months for all these actions, and the period can be extended under certain circumstances, for which additions and exceptions are provided, but the general procedure is as follows.

• There is another option - entering into inheritance after the fact. This definition implies that the heir knew about the opened inheritance and actually accepted it: he began (or continued) to use the left property as his own.

At the same time, he may not even contact a notary office; he also does not have documents that confirm his rights. Therefore, it is difficult to say whether he is the owner of the property - ownership rights must be confirmed.

How to confirm your rights?

In situations that develop according to the second option, there is only one way to solve the problem - go to court to recognize the fact of acceptance of property rights.

The grounds on which an application can and should be filed in court are set out in Article 1153 of the Civil Code of the Russian Federation.

The use of inherited property, especially in the first six months after the death of the testator, should be done wisely and purposefully, so that by the time the heir finally decides to receive some documents for the property, he would have carefully collected evidence that he has entered into inheritance and precisely within the time limits established by law.

Actual entry into inheritance

The actual entry into inheritance means the commission of the following actions in relation to the property of the deceased:

• usage;
• providing security;
• repair;
• payment of debts;
• collecting debts;
• payment of other expenses.

However, in this case the recipient does not have official documents. Therefore, it is necessary to formalize the acceptance of the property.

After completing the documentation, upon actual entry into the inheritance, the rights of the recipient can be confirmed:

• a certificate of inheritance rights (if the citizen subsequently registered the property through a notary);
• a court decision establishing the fact of acceptance of the inheritance (if the recipient was unable to notarize the property).

To carry out state registration, it is enough to submit one of the specified documents to the authorized body.

Example. Citizen M.'s heir was her husband. He did not formalize the inheritance with a notary. However, he continued to use his wife’s property. Their 2-room apartment was jointly owned. He decided to sell it and buy a smaller home. To do this, it was necessary to prove that he actually entered into the inheritance. He turned to the notary. Submitted documents on payment of payments, carrying out repair work. As a result, the notary issued him a certificate.

We suggest you familiarize yourself with: Tax upon entering into an inheritance, tax on property received by inheritance, what taxes are paid upon receipt of an inheritance

Legal status of inherited real estate

From the moment of death of the testator, whether he left a will or not, his heirs have 6 months to contact a notary’s office and apply for a certificate of inheritance. The missed period can only be extended by judicial procedure. However, in court you will have to prove with documents that the reason for missing the deadline was truly valid; an unfounded statement will not be enough.

In fact, to obtain ownership of an apartment, land plot, or house, you must go through two separate procedures:

1. Obtain a certificate of inheritance. To do this, contact a notary office, preferably at the location of the inherited property.
2. Re-register the property in your name in Rosreestr, presenting a certificate of inheritance.

Heirs do not always realize that it is not enough to complete only the first stage, because the second is also a mandatory procedure. Upon receipt of the certificate, the property becomes the property of the heirs. However, they will have the right to dispose of it in any way (donate, sell, bequeath, etc.) only after receiving an extract from the Unified State Register confirming the re-registration of property rights.

Also on the topic: Who can challenge inheritance by law and within what time frame?

Until June 15, 2015, a different procedure for confirming ownership of real estate was in effect in the Russian Federation. The owner was required to obtain a certificate of ownership of the property, which was proof of his rights in all instances. With the entry into force of Federal Law No. 360, the situation has changed; now the only evidence is an extract from the Unified State Register issued by Rosreestr (its territorial division).

Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:

I would still recommend contacting a notary. This can be done in person or through your representative in the city where the inheritance is open. According to the law, if your husband submitted an application, but did not come to complete the documents, he is still the owner. Both he and his sister own ½ of the entire property. But you should ask the notary whether the letter with the application for acceptance of the inheritance, etc., has arrived.

Is it necessary to make a will?

My brother is not registering an inheritance - can I do this?

Is it possible to live in an apartment if the ownership has not been re-registered?

Nothing prevents heirs from continuing to live in the house of a deceased relative if they are included in the will or are heirs at law. From the moment of the death of the testator, the responsibility to pay for utilities falls on their shoulders.

Delaying the procedure for registering ownership of real estate risks the fact that other relatives may show up and make their claims to the inheritance. Disputes of this type are often resolved in court when the following are taken into account:

1. The reason that prevented relatives from making themselves known earlier. If they applied after the expiration of 6 months from the date of death of the testator, they will have to prove in court the validity of the reasons for missing the deadline and the legality of their claims.
2. Who actually accepted the inheritance and what they did with it.
3. Who has been paying utility bills since his death?
4. Who paid off the testator's debts, if any.

In Russian legislation there is a presumption of actual acceptance of an inheritance. This is an order according to which the one who continues to maintain the property of the deceased, take care of it (live in an apartment or house, take care of the land) is recognized as having actually accepted the inheritance.

Registration of ownership of an apartment in a new building, documents, step-by-step instructions

These documents will be needed if the purchase of an apartment in a new building was made using funds received on credit or with a mortgage. The mortgage is issued to the borrower after the mortgage (loan) is repaid, so most often a representative of the bank (or other credit organization) is present during the registration of ownership.

After making sure that all the necessary documents are available, that they are correctly executed, and that all owners and a representative of the developer (and, if necessary, the credit institution that issued the mortgage loan) are present during registration, the registrar, along with the signed application, will take the originals of the above documents (except for passports).

Is it possible to sell an apartment that has not been re-registered?

The question is not idle, especially when the heirs do not intend to use the inherited housing, but want to sell it immediately. According to Art. 209 of the Civil Code of the Russian Federation, only its owner has the right to dispose of property by legal means. It would seem that a conflict arises when the person who accepted the inheritance already owns the property, but cannot sell it.

This is indeed true. It is impossible to sell an apartment registered in the name of a deceased person. A reasonable buyer would never buy such an apartment or house. To register an apartment in the name of the buyer, you need to submit a purchase and sale agreement to Rosreestr, as well as an extract from the Unified State Register confirming the seller’s ownership. And since there was no re-registration, the package of documents will be incomplete.

The situation is similar with a will. You cannot include property in your will that is not in your name. In order for a will to acquire legal force, it must contain all information relating to housing.

If on the date of drawing up the will you do not have an extract from the Unified State Register confirming ownership of the property, then its inclusion in the text of the document makes it void.

If the apartment is not privatized, the consequences

The Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” formulates the basic principle of privatization of housing stock by citizens. Thus, in accordance with Article 2 of the Law, all citizens of the Russian Federation have an equal right to use residential premises, incl. and apartments, on the basis of a social tenancy agreement, as well as the right to acquire ownership of these premises.

Thus, the Housing and Civil Code of the Russian Federation, and a number of relevant Decrees of the Government, the Supreme Court and local authorities regulate relations in the sphere of living space. To complete any real estate transactions, it is necessary to provide the packages of documents specified by the regulations and go through all stages of registration, registration and receipt of the relevant documents.

How long does it take to re-register ownership?

The law strictly limits the timing of inheritance, only 6 months after receiving the testator’s death certificate. The result of this legal procedure will be the receipt of a certificate of inheritance. Until the re-registration of property rights, this document serves as proof to the heir of the legality of his residence in the apartment or private house.

A notary office is required to store executed documents for 75 years . During this entire time, anyone can contact it and receive confirmation of the inheritance procedure that has taken place. Even if you lose the original issued certificate, it can be restored at any time by requesting a copy.

What does this mean? About the fact that you have 75 years to re-register the property in your name. If you pay taxes and utility bills on time, then you don’t have to rush to register the apartment yourself. If you do not intend to dispose of it in the near future, it is quite possible to delay it. The re-registration procedure itself now takes a little time - on average up to 2 weeks. In this case, documents can be submitted for registration not only to the local territorial division of Rosreestr, but also to the local MFC, and also use the services of the Russian Post.

Also on the topic: Methods for canceling and changing a will

Is it possible to make claims against an heir who has not registered the property?

The recipient is liable for the debts of the deceased from the moment the inheritance is opened. However, the law establishes the possibility of abandoning inherited property.

Therefore, the testator’s creditors must contact the notary who is handling the inheritance case. The debts of the deceased will be included in the estate.

The presence/absence of state registration of property does not matter for the fulfillment of the testator’s loan obligations.

The law establishes a strict procedure for entering into inheritance. After receiving a certificate of rights to the property of the deceased, the citizen is obliged to transfer the property to himself. However, some citizens ignore state registration of rights with authorized bodies. If you have been living in an apartment for a long time without registering the deceased parent’s share as the property, or have not registered the deceased spouse’s car, sanctions may be imposed. You can consult our lawyers on this issue. The application is submitted via the feedback form.

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Is it permissible to sell property without title?

Civil Code, namely Art. 209 indicates that the full owner of real estate has the right to use it at his own discretion. But this right does not include the ability to dispose of real estate. The decree provides for the transfer of ownership to another person.

This is done, for example, through the sale of real estate. Without completing the relevant documents in your name, you cannot transfer them to another person.

Important! Even if the heir concludes a purchase and sale agreement, no notary will certify such a document, and the buyer will not be able to register his rights to real estate in Rosreestr. Thus, the official execution of the transaction becomes impossible. Legalizing the transaction will require re-registration of documents, which will take a lot of time. As a result, the purchase will become completely unprofitable.

Is it possible to bequeath real estate?

A person will encounter difficulties if he wants to bequeath or donate an apartment that is not properly registered in Rosreestr. Heirs who have entered into an inheritance but have not registered ownership will be able to own such real estate. But in order to carry out transactions related to the order, they will first have to prove their right through the court.

For this purpose, a statement of claim is drawn up with a detailed description of the property, as well as the method of its transfer. The court will make a decision in favor of the applicant if there is factual evidence that the plaintiff’s actions are lawful, that is, there are relevant documents in favor of this.

To execute a will, the testator must present to the notary a document on ownership, that is, a corresponding certificate issued by Rosreestr.

Necessary package of documents for taking ownership and re-registration of property

The notary office provides:

• Passport (birth certificate and identification data of the legal representative, if we are talking about persons under the age of 14);
• Death certificate;
• Information about the property rights of the deceased;
• Certificate of residence;
• Will (if any).

These documents are sufficient to submit an application.

In order to receive documentary evidence of the transfer of property rights to the heir after six months, additionally provide:

• Conclusion of expert assessment;
• Cadastral passport;
• Title documents for real estate or movable property;
• Information about the presence or absence of encumbrances.

The heir submits documents personally or through a representative whose powers are confirmed by a power of attorney.
If the person does not have the documents that need to be submitted to the notary, it is better to prove the right to inheritance by filing a statement of claim in court.

The evidence is:

1. Witness statements;
2. Agreements with the management company;
3. Checks;
4. Receipts;
5. Inquiries.

To re-register an inheritance, the following is submitted to Rosreestr:

• Certificate issued by a notary;
• Passport or certificates confirming the identity of the heir;
• Documents certifying the powers of the representative under a power of attorney (if necessary).

Actions if the heir has entered into an inheritance, but has not registered ownership

Below is a list of actions that should be taken in relation to abandoned property:

• property management, measures for its safety and serviceability, its active use (in this case, you need to stock up on witnesses or testimonies in writing, always with a date)
• protection of inheritance from third parties (a simple change of locks and constipations will do to fulfill this point; save checks, receipts and contracts)
• expenses that the heir makes from his own funds for the maintenance of property (care of pets, plants, garden, repairs; keep checks, receipts, contracts with dates and stamps)
• payment of material debts of the testator (necessarily with receipts), collection of debts from those who borrowed from him.

This is a short list of actions that may be sufficient grounds for going to court and obtaining the desired right.

Such an item as the disposal of the remaining property cannot be fully implemented without documentation. Accounts and securities will be unavailable.

In any case, steps should be taken in relation to the property. If nothing is done in this direction within the established period, the extension of the registration period or recognition of the acceptance of the inheritance in fact will be difficult to prove in court.

Why should you still bother registering your rights?

If the heir entered into an inheritance, but did not formalize ownership, despite his complete freedom regarding the personal use of the testator’s property, his legal rights will be significantly limited.

Even if the property is actually accepted, it will not be superfluous to submit an application to a notary so that an inheritance case can be opened. If you follow the rule exactly, then he gets 75 (!) years for further legal actions to obtain documents for ownership of property - that is how long a notary is obliged to keep files, even if no action is taken on them.

The legislation does not provide for a time limit within which everything must be finalized, so you can postpone this process until a convenient time.

If there are no bills or securities in the estate, the heir has lived in the house for a long time and pays for everything, then there is no need to rush.

But, besides bills, other actions with property will be unavailable (if we are talking about real estate):

• purchase and sale
• exchange
• allocation of shares
• will
• pledge
• registration of other persons
• other actions that require documentary evidence of ownership.

Also on the topic: What is the spousal share in the inheritance?

What are the consequences of accepting, but not registering, an inheritance?

Accepted inherited property belongs to the recipient from the moment the inheritance is opened (Article 1152 of the Civil Code of the Russian Federation). Therefore, a person who has entered into an inheritance properly is the rightful owner of the objects. A certificate of inheritance rights is a document of title

However, the heir's property rights may be limited by federal law to the extent necessary to protect the rights and interests of other citizens. Therefore, state registration is a necessary stage in registering an inheritance.

In the absence of state registration papers, a citizen cannot carry out transactions with the property (sell, donate, lease). At the same time, a certificate of inheritance is sufficient to bequeath an object.

Law No. 218 of 2015 regulates the procedure for state registration of real estate. It does not establish liability for heirs who have not submitted an application to Rosreestr.

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In addition, there is no deadline for submitting an application. The owner can carry out the procedure at any time convenient for himself.

However, when putting a property up for sale, difficulties may arise. If the buyer wants to check the purity of the transaction and submits a request to Rosreestr, he will receive information about the other owner. Such information may lead him to suspect fraudulent activities.

If the buyer does not object, then the object can be registered simultaneously with the submission of documents for registration of the transaction. To do this, the owner writes an application and pays the state fee.

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Registration of shares is carried out when data about the heir is entered into the register of shareholders. Changes are possible based on the certificate.

After registration of the inheritance, the citizen receives ownership of the shares. However, the main purpose of owning securities and shares is to receive a share of the company's profits (dividends).

In accordance with the law, the right to receive is vested in the shareholder. If the successor has not submitted an application to be included in the shareholders, then he has no right to payments.

Thus, a citizen can sell shares, donate, bequeath, but cannot receive dividends until the papers are properly executed.

To the enterprise

State registration of an enterprise or share in an LLC is carried out with the Federal Tax Service. If the testator was the sole founder, then the recipient must register as an individual entrepreneur or legal entity.

The citizen is deprived of the right to carry out entrepreneurial activities until proper registration. The law provides for administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) and criminal liability for illegal business (Article 171 of the Criminal Code of the Russian Federation).

Therefore, the successor may not register the object only in the event of an imminent sale. For example, if the share is bought out by other founders.

For car

The owner is obliged to register the vehicle within 10 days from the receipt of the certificate of inheritance rights. In case of violation of the deadline, administrative liability is imposed.

Fines for violating the deadlines for vehicle registration

Example. After the death of her father, citizen L. registered an inheritance with a notary. At the time of his death, his father owned a car, a house, and a dacha. Since her daughter did not know how to drive a vehicle, she parked the car in the garage at the dacha and forgot about it. A few years later she decided to sell it. To carry out a transaction with a vehicle, it must be registered. The woman paid the fine and carried out registration procedures, after which she was able to sell the car.

How long does it take to re-register ownership?

Despite the fact that the law limits the time limit for entering into an inheritance to six months after the death of the testator, the procedure can be completed through the court even after this time. As a result, the heir receives a certificate, which is the basis of ownership. The document is proof of legal residence in the inherited apartment, as well as the possibility of its alienation in various ways.

The relevant documents are stored in the notary office for 75 years. This means that if a person has actually entered into an inheritance, but has not registered ownership, he has the right to apply there at any time during the specified period to obtain a certificate. Even if this document is lost, it can be easily restored by making a corresponding request to Rosreestr.

Thus, if the heir lives in an inherited apartment or house, makes utility bills and pays taxes on time, then the registration procedure can be postponed, especially if there are no plans to exercise the right to dispose of property in the near future. Registration takes about two weeks.

Moreover, documents can be submitted to Rosreestr not directly, but through the MFC, or by sending documents (or rather, certified copies) through Russian Post.

Registration of ownership of an apartment in a new building

A special portal has been created on which several hundred independent lawyers work remotely. The site has a contact form through which you can ask questions. This is not difficult to do. You just need to clearly state your problem and indicate the desired result. A specialist who understands your topic will best give detailed instructions.

It is noteworthy that registration of land ownership is carried out within the same time frame. Read more about this procedure in our feature article. Another feature of the new law is the absence of a certificate of ownership. There is no need to demand this beautiful multi-colored piece of paper from an employee. It is simply not provided for by the new law.

Resolving the issue through court

Nobody wants to think about their own death. But if a person has close people to whom he wants to leave property as an inheritance, then it is better not to be careless with this issue, but to take the necessary actions so that the heir can freely use the property.

Even without a will, they may face additional difficulties due to the need to prove the fact that the deceased relative was the actual owner of the property.

For clarity, consider the following example.

Citizen Soloviev actually inherited the apartment from his father. He owned it throughout his life. After death, children who wanted to receive an inheritance had a problem. The fact is that the grandfather did not formalize the inheritance for his son, and the latter accepted it only in fact, but not legally.

Therefore, children who are heirs must prove the fact that the father owned the property throughout his life, and in addition, that the grandfather was the owner before him. Even if there are no disputes or disagreements between Solovyov’s children, finding documentary evidence of housing is very problematic. To do this, they will have to spend a lot of time finding out all the circumstances of the case, looking for papers and, most likely, contacting the judicial authority more than once.

Another example.

Kukushkina began privatizing her apartment, but died before completing the procedure. Thus, she received neither a privatization agreement nor a certificate of ownership. Her daughter tried to accept the inheritance by contacting a notary office. However, this apartment is not listed in this body. She also failed to obtain a privatization agreement from the management company. Therefore, the only way out of the situation is to go to court.

The procedure and features of registering ownership of an apartment in a new building

1. Without confirmed ownership rights, the owner of an apartment in a new building cannot fully dispose of his housing, including he does not have the right to sell, bequeath or donate the purchased apartment;
2. An owner who does not have official documents in hand cannot even register at his place of residence. As a result, due to the lack of registration, difficulties may arise with finding employment, obtaining medical care, registering a child for school or kindergarten at the place of residence, and other similar problems. In addition, the lack of registration, especially in large cities, can result in problems for a citizen with law enforcement agencies. Without registration, it is quite difficult to obtain a foreign passport or register a car;
3. There may also be restrictions when using a purchased apartment as collateral for a person to obtain a loan. Many credit institutions refuse to issue unregistered housing as collateral or offer less favorable loan terms compared to registered real estate as collateral;
4. Another disadvantage of the prolonged absence of registration of an apartment in a new building is the increase in the period during which a citizen is obliged to pay income tax when selling his apartment. The tax code exempts the seller of residential real estate from paying the applicable income tax after three years of ownership of this property. In this case, the period begins to be calculated only after the registration of the owner’s rights. If the legal registration of an apartment in a new building is delayed, then the time of ownership of the property, even if you actually live in the apartment, is not counted towards the specified period, and the owner of the property may incur additional expenses when selling;
5. There may also be additional costs associated with paying off your mortgage. As a rule, mortgage interest on properties under construction is 1-2% higher than on finished housing, since it will also be difficult for the bank to sell unfinished real estate if the borrower fails to pay the debt. After completing documentation for housing in a new building, the bank usually reduces the borrower’s initial interest rate. Therefore, the faster the borrower registers the property, the less the final overpayment amount will be. If the registration process is delayed, the owner of housing purchased using mortgage funds incurs certain losses;
6. Until the owner's rights are registered, it is impossible to obtain benefits and subsidies for utility bills.

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To register ownership of housing in new buildings, the buyer needs to wait not only for the completion of construction, but also for the completion of the procedure for the developer to complete all legal documentation. At the same time, in practice, finishing work and preparation of legal documentation are not always completed at the same time.