How to register a land share after the death of parents 2021

Home » Inheritance » Registration of a land share as property by inheritance

Registration of a land share as an inheritance is somewhat different from the standard procedures for accepting property received after the death of a relative. This is a long and costly process, accompanied by many bureaucratic operations. There is a special algorithm for legal registration, during which a citizen can obtain the right to dispose of a plot of land assigned to him by inheritance.

Is land share inheritable?

According to the legislation of the Russian Federation (Article 130 of the Civil Code), a land share is considered one of the types of real estate. But formally it is not a land plot, but only the right to claim it in a specific amount. This is an unallocated part of common land, which can be registered in the name of a citizen and transferred to his possession. Only after the execution of the State Act does the share become a land plot with specifically defined boundaries. The owner of the share can partially dispose of it even before its allocation.

The Federal Law “On the Turnover of Agricultural Land” will determine the list of actions that can be carried out with land at the discretion of the owner. They can be used for their intended purpose, sold, donated, rented, or bequeathed. There are some restrictions regarding the unallocated land share. It can be transferred by will, but it cannot be rented or sold until a specific plot is allocated.

The transfer of a land share by inheritance can be carried out by law or by will. The only condition is that the owner of the plot has ownership rights.

A professional lawyer will help you quickly and correctly complete all the necessary steps. He will tell you what actions need to be taken and what documentation to prepare, and can also accompany the heir to meetings with other applicants for shared property. You cannot do without the help of a specialist in cases where the deadline for accepting the inheritance has been missed or there are other circumstances that complicate the procedure.

Entry into inheritance

Subsequent registration of the land share in Rosreestr is carried out in the manner established by the legislation of the Russian Federation. The first step in entering into inheritance is filing an application and providing the above documents.

Next, the applicant is provided with a receipt indicating the date of admission. After paying the state duty, civil servants of Rosreestr carefully check the documentation for its legality. They enter the relevant information into the Unified State Register, make certification notes on the regulatory legal acts, and then return the documents back to the applicant. Registration of a land share with the Federal Service does not take more than 10 working days.

The cost of registering a land share in ownership

The cost of registering a land share for your own use is determined individually and depends on:

region;
total area;
degree of fertility, relevant for agricultural lands.

The cost is set by a special commission that regulates issues regarding the use of land reserves in a certain region.

Regulatory legal acts oblige you to pay taxes if:

land share for agricultural purposes and satisfies the personal needs of the applicant;
Vegetables and fruits are grown on the site for further sale;
in the future they want to build an agricultural complex;
engage in livestock breeding;
are engaged in the implementation of other types of agricultural activities.

Important! Individuals are required to pay tax for the right of ownership, as well as for the indefinite use of a land share. The corresponding type of payment goes to the national budget, and its amount depends on the cadastral value of the site.

Legal regulation

Chapter 3 of the Civil Code of the Russian Federation regulates the process of inheriting an agricultural land share. The legislative act establishes the necessary procedure for registration and the list of documents, and also determines all the features of the procedure and deadlines for completion.

In order to receive or inherit a share on your own without the help of lawyers, you will have to carefully study the regulatory framework. This will allow you to complete all the necessary steps correctly. Legal regulation is carried out:

Art. 1110 of the Civil Code of the Russian Federation - will determine the right of the testator to dispose of his property at his own request.
Art. 1112 of the Civil Code of the Russian Federation - defines the main components of inherited property, as well as the rights and obligations of the testator.
Art. 1181 of the Civil Code of the Russian Federation - regulates the process of obtaining a land share by inheritance.
Art. 1154 of the Civil Code of the Russian Federation - establishes the deadlines for entering into legal inheritance.

Methods of transferring land by inheritance

A citizen receives the right to a land share after a meeting of all participants in shared ownership, land surveying procedures, registration of the allotment with the state and registration of ownership. There are two ways to enter into an inheritance: by will and by law.

The first option implies the presence of a testamentary document, which expresses the last will of the deceased in relation to the property that belonged to him.

If the will has been drawn up taking into account all the requirements and signed by a notary, the procedure for transferring land is carried out in the order specified in it, regardless of the order established by law.

How to re-register a land share after death?

Re-registration of a land share after death is a procedure that every citizen can handle without special skills.

This process is divided into two categories – probate and intestate.

In the first case, the testator indicates his will regarding the land share and who will receive it. He can choose one heir or several, and the territory can be divided equally or into unequal plots.

We must not forget about the mandatory shares. They belong to those who were not named in the will, but the state cannot leave them without inheritance.

These include:

children under the age of majority;
parents or spouse who have lost their ability to work.

Parents

To re-register a land share after the death of your parents, you will need to visit a notary office.

Her employee will explain in detail the algorithm of actions and tell you what needs to be done at this stage.

The assignee must present:

death certificate of parents;
documents confirming family relationships. This includes a birth certificate.

Owner

If a land share is inherited from its owner, then you will need to provide a copy of the will.

As you know, the owner has the right to dispose of his land, including transferring it by inheritance to any individual or legal entity.

If the successor is not related to the testator, then the following must be attached:

a copy of the will;
passport;
death certificate.

Mandatory share

The only exception is the presence of a mandatory share in the inheritance. In accordance with Article 1149 of the Civil Code of the Russian Federation, the following are entitled to it:

minors or incapacitated children;
parents or spouse who have lost their ability to work;
dependents of the deceased.

They are assigned the right to receive part of the property even if they are not mentioned in the will. The legislation established this restriction in order to take care of this category of citizens who may find themselves in a difficult financial situation after the loss of a breadwinner. This condition also protects them from pressure and coercion to transfer their own share. In the absence of a will or if it is declared invalid, inheritance of property occurs according to law.

According to Art. 1141 of the Civil Code, relatives can claim inheritance in a certain order, according to the degree of relationship with the testator.

How to inherit a land share

The heir to a land share must complete a certain legal procedure before registering ownership of it.

First, you need to contact a notary to confirm your right to receive property. In the case of inheritance under a will, this should be handled by the lawyer who drafted it, who can confirm the authenticity of the document.

If there is no testamentary document, you need to contact the notary office at the place of residence of the deceased.

Re-registration of land share

Allocation is a complex procedure that involves drawing up an advertisement in the district newspaper, meeting the council of participants, conducting land surveying, etc.
Inheritance is one of the most common ways to obtain a land share. It occurs more often than others in practice, and therefore deserves separate, more detailed regulation.
How to re-register a land share after death? Re-registration of a land share after death is a procedure that every citizen can handle without special skills. This process is divided into two categories – probate and intestate.

Registration procedure The fact of receiving a land share as an inheritance must be documented. The procedure for registering a land share as property by inheritance is prescribed in the Civil Code of the Russian Federation. In accordance with the provisions of the law, the heir first of all needs to apply to a notary.

The period for filing an application is limited and, as in the general case, is six months from the date of death of the testator. Moreover, if there is a will, you should choose exactly the notary office where this document was drawn up and registered. If there is no will, the inheritance is registered with a notary at the place of last registration of the testator. After receiving a certificate of inheritance, it is necessary to register the inherited land share in ownership. Registration is carried out at the Cadastral Chamber.

Documentation

To receive an agricultural share, you need to collect the following package of documents:

Death certificate of the previous owner.
Certificate from the place of registration of the testator.
Passport of the heir.
Documents for land (cadastral plan, certificate of allotment of land, property rights).
Evidence of a family relationship with the testator (birth, marriage, etc.).
Certificate of ownership of the plot, issued in accordance with the request of the notary authorities.

Grade

To receive a share as an inheritance, a land valuation is required. This procedure is carried out by the Land Committee of the area where the share is located. To determine the price of a plot, a special commission is appointed, which collects and analyzes documents, selects a valuation method and calculates the cost. Based on the results of the work carried out, the commission draws up a report indicating the cost of the site.

Valuation of a land share is a mandatory document for the heir to obtain ownership rights.

Certificates from the tax office

The heir must contact the tax office to obtain two documents:

A certificate confirming the absence of restrictive measures on the use of the allocated plot - arrests or other prohibitions limiting the right to dispose of the share.
A certificate confirming that there are no delays or arrears in paying taxes for the plot. If such debts exist, they must be paid off in order to enter into an inheritance.

The issuance of documents to the tax office is carried out on the basis of an application from the heir and does not require a notarized request.

FAQ

Despite the fact that the procedure itself is practically free of difficulties, many questions arise. We will answer the most common ones right now.

Inheritance from grandmother

If you receive an inheritance from your grandmother in 2021, you will need to collect the following documents:

certificate of land ownership;
papers confirming relationship;
your civil passport;
death certificate;
if available, then a will.

Citizen of another country

If you are a citizen of another country, then there will be no difficulties in obtaining an inheritance. It is enough to submit a statement to the notary that you want to accept the property of your relative.

Application deadlines

You should contact a notary within 6 months from the date of death of the testator or from the moment the court makes a decision declaring him dead. However, if this deadline was missed for a good reason, the citizen has the right to restore it through the court. To do this, you will need to prepare an appropriate statement of claim and support the stated facts with evidence.

If during the judicial review it is established that the heir did not know about the death of the relative, the decision will be made in favor of the applicant.

There is also a mechanism for registering an inheritance after missing a deadline without trial. A prerequisite is the consent of all heirs of the property who previously assumed their rights. The procedure consists of the following steps:

In the presence of a notary, all heirs confirm in writing their consent to the entry into the inheritance of a person who has missed the deadline allotted by law. If the simultaneous presence of all heirs is impossible, it is allowed for their signatures to be certified by a notary separately.
The property is re-divided.
New certificates of inheritance rights are issued.

Property, the rights to which were not claimed within 6 months from the date of death of the owner, is considered escheated and becomes the property of the state.

If there are several heirs

The division of property between heirs can be carried out in one of the following ways:

If the deceased left a will, the shares are determined based on the will of the owner of the property.
In cases where the existing will does not indicate the parts of each heir, the land share is divided equally between all applicants.
In the absence of a testamentary document, the land plot becomes property in accordance with the law, and all heirs receive an equal share of the property.

Registration process

After checking the correctness of all documents and their authenticity, as well as the legality of the rights claimed, the notary opens an inheritance case. In some cases, additional documents may be required, of which the official will notify the applicant.

Upon completion of the checks, but not earlier than 6 months after the death of the relative, the notary issues the heir a certificate of inheritance.

Then the heir will need to start registering the property. To do this, you need to contact the registration service, where, on the basis of a document on the right of inheritance, you can obtain a certificate of ownership of the land.

Procedure

The procedure for re-registering a land share that has been inherited is not complicated.

It consists of several stages, after completing which you can obtain a certificate of ownership. Without it, you cannot own and dispose of land as an owner.

To re-register a land share after the death of the owner, it is necessary to collect all the necessary documents (the list will be given below).

This step in the entire process requires special attention, since it often becomes the reason why everything drags on for a long time.

Recommended:

quickly collect a package of documents;
then check the availability of each individually;
only after that go to the notary.

We must not forget that providing knowingly false information entails liability.

At the notary's office it is necessary to draw up an application for the opening of an inheritance.

It states:

information of the successor and testator;
property passing by inheritance and other provisions.

It is executed under the supervision of a notary, so there will be no problems.

It is important that you will need to pay a state fee for its preparation. A check is also attached to the package of documents; it acts as confirmation of payment.

Here you can download a sample application for acceptance of inheritance.

The next stage is the final one, since at it the certificate of inheritance will be issued.

To do this you will need:

obtain extracts from the land registry;
conduct a land assessment with the help of an expert commission.

This is necessary to determine the amount of tax that will be withheld from the transferred property. The commission will be assembled in the state land committee of the district.

The important point is that all these procedures must be completed within six months from the opening of the inheritance (day of death).

Otherwise, the property will pass to the state, and its return can only be achieved in court if there are good reasons and documents that serve as their confirmation.

The rent for a land share is set by its owner. How to register ownership of a land share? Find out here.

Documentation

A complete list of documents that will be required to re-register a share after death is provided by a notary.

These include:

A certificate confirming the death of a relative (for example, a grandmother).
Passport and birth certificate of the mother/father (it all depends on which line the grandmother is from), then the passport and birth certificate of the legal successor. This is required in order to prove family ties with the testator. If the property is bequeathed to the daughter of the deceased, she will only need to present a passport and birth certificate.
Certificate of ownership of a house or other real estate left after the grandmother (a technical passport is not required to be presented, since this document has no meaning for the notary).
State act on land share.
Other documentation that confirms the presence of other property (for example, savings books, accounts, etc.).

In some situations, additional documents may be required about the need to present which the notary notifies.

These include a certificate from the housing office or from the village council - it depends on the place of residence of the testator.

Taxation

Art. 217 of the Tax Code of the Russian Federation establishes that when inheriting property in kind, including a land share, a citizen does not have to pay tax. This reduces costs and simplifies the inheritance procedure.

After registration of the plot, the new owner is obliged to pay land tax once a year on an equal basis with other land users in accordance with the general procedure in accordance with Federal Law No. 141 dated November 29, 2004.

Registering a share as an inheritance is a specific procedure that differs in many ways from accepting other types of property. Without knowledge of the laws and certain skills, it is quite difficult to pass. The procedure can be simplified by the help of professionals who know all the nuances of the process and have extensive experience in solving complex legal problems.

On the portal ros-nasledstvo.ru you can get a free consultation online, as well as order, entrusting specialists with the entire procedure. We will help you prepare documents with a notary, and in case of litigation, we will prepare a statement of claim and provide assistance during meetings.

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

Does a common-law wife have the right to inherit after the death of her common-law husband?

There is an opinion that the concept of “civil marriage” implies an unregistered...

Statement of claim to establish the fact of family relations in 2021

According to Articles 262 and 264 of the Civil Procedure Code of the Russian Federation, an application for...

How to find out if there is an inheritance

The sudden death of the testator or lack of contact with other applicants may...

Mandatory share in the inheritance by will and by law (without a will)

The legislative act regulating civil law in the field of inheritance (section V...

Are loan debts inherited?

The short answer is YES, debts are inherited if the heir accepts the inheritance...

Limitation period for inheritance cases

Some people mistakenly correlate the statute of limitations in inheritance cases with...