Inheritance of real estate (housing): what are the features of the procedure for transferring residential premises into the possession of successors? List of documents required for the inheritance registration process

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Inheritance of a house, apartment or other type of residential premises is possible only if you have the right to receive living space and comply with the procedure of succession. Equally important is the correct implementation of subsequent actions (without them, the process of acquiring an inheritance cannot be considered complete). In this case, the heir needs to know the theory - the basic principles and features of registration of inherited property. Thanks to this, the chance of successfully completing the procedure increases, as well as the likelihood of a positive outcome.

Claimants to inheritance

Applicants for receiving the testator's residential premises are determined on two grounds - by law and by will.

The circle of successors according to the law is quite wide, but the persons included in it are distributed into groups that are called upon to inherit in turn: first the first, then the second, the third and then to the seventh. At the same time, the acceptance of an inheritance by one group excludes a similar opportunity for the heirs next in line.

The reason for the transfer of rights to the property of the deceased from one group to another may be:

absence of heirs included in the priority category;
their failure to comply with the succession order;
reluctance to become heirs.

Each group of applicants can consist of several persons, between whom the inherited property is distributed equally (five heirs receive 1/5 of the deceased’s material assets, three - 1/3 each, and if only one from the list of equal applicants accepts the inheritance, he receives everything the property of the testator solely and in full).

Applicants are distributed into groups as follows (groups are numbered in direct sequence, starting from priority):

Father, mother, husband/wife, children of the deceased (if the latter die before the opening of the inheritance, their share passes to the children, that is, to the grandchildren of the testator by right of representation).
Grandparents (paternal and maternal), brothers and sisters (nieces and nephews by right of representation).
Uncles, aunts (all full and half brothers and sisters of the parents of the now deceased) or their children are cousins of the deceased by right of representation.
Great-grandparents.
Grandchildren of brothers and sisters, uncles and aunts of parents.
Great-great-great-grandchildren, first cousins, cousins of parents.
Stepfather, stepmother, stepdaughters, stepsons.

In addition to the listed persons, dependents of the deceased, whom he supported for at least a year, are also called upon to accept the inheritance along with priority successors. They must be officially disabled (confirmed by a certificate of disability or a document indicating their incapacitated age) and be almost completely financially dependent on the testator for the specified period.

The listed requirements apply to persons included in one of the groups of heirs (in this case it does not necessarily have to be a priority). A dependent who does not belong to one of them can become a successor if, in addition to receiving maintenance, he also lived with the testator for a year or more.

But inheritance by law is relevant only in the absence of a will. The testator, if desired, can adjust the circle of successors, and his posthumous orders will have priority.

In accordance with Art. 1119 of the Civil Code of the Russian Federation, a citizen has the right to independently appoint heirs and distribute his property among them. At the same time, he can leave an inheritance to the applicants by law and only indicate the size of the shares due to them, he can deprive the rights of one or more persons, or he can even order the transfer of property to those who are not included in any of the groups of legal successors.

In addition, the testator has the right to oblige the future owners of his house or apartment to perform a specific action or provide a service within the framework of a testamentary assignment or refusal. They cannot refuse such an obligation unless they are ready to lose their property, since all rights and obligations within the limits of the inheritance share are inseparable.

Exceptions

There are exceptions to the order described. They concern both inheritance by law and by will.

The first exception is that not all successors can receive their part of the inheritance. Even applicants nominated by the testator or included in the priority group by law are deprived of their rights if they are found unworthy. Moreover, this applies not only to applicants, but also to heirs who have already registered the property of the deceased.

The court declares an heir unworthy at the request of an interested person if the first:

will be caught committing illegal actions in relation to the testator or other heirs;
during the life of the testator, he did not fulfill his maintenance responsibilities (did not pay alimony prescribed by the court);
was deprived of parental rights in relation to the now deceased and did not subsequently restore them.

The second exception concerns the principle of freedom of will. According to Art. 1149 of the Civil Code of the Russian Federation, even through personal expression of will, the testator cannot completely disinherit his parents, spouse and children if at the time of his death they are disabled due to age or health conditions.

The listed relatives and dependents of the deceased have a compulsory share of the inheritance (1/2 of the property stipulated by law), if according to the will they do not receive anything or are entitled to less than the established amount of the compulsory share.

Grounds for inheriting housing

The legislation of the Russian Federation provides for two grounds for inheriting housing - the law and the will of the testator . If the testator has made a will for an apartment or other real estate, they will go to the persons specified in the document. Otherwise, the next of kin of the deceased will be able to claim the living space in order of priority.

Inheritance by law

In the absence of a document of will or in the event that the apartment (house) was not included in the list of objects of the will, the heirs will be able to receive this housing by law .

The norms of the Russian Federation establish the order of calling heirs (Articles 1142-1145, 1148 of the Civil Code of the Russian Federation). It is logical that first of all, close relatives of the testator and persons who depended on him financially will be able to apply for housing. Each subsequent category of heirs can be called upon to inherit if there is no one closer in order.

Inheritance by will

In the document of will, the testator must indicate to which of the heirs he transfers the apartment. This can be done explicitly with names and shares or in general. In the latter case, the phrase “I bequeath all movable and immovable property” is often used.

A will can only transfer an apartment, the entire property or a residential premises with a certain part of the property. If only housing is bequeathed, the rest of the inheritance will be received by the successors by law.

The inheritance of living space is subject to the rule of compulsory share (Article 1149 of the Civil Code of the Russian Federation). That is, if the testator has disabled close relatives (spouse, children, parents) whom he did not mention in the will for some reason, they will still be able to claim their share of the housing.

Composition of the hereditary mass

The estate is the totality of everything that the successor receives after accepting the inheritance. In accordance with the provisions of Art. 1112 of the Civil Code of the Russian Federation, it may include:

all registered property of the deceased and property rights belonging to him;
material obligations that were not repaid by the testator - bank loans and other types of debts, except for current obligations to pay alimony and compensation for harm to human life and health (that is, inextricably linked with the personality of the deceased).

The heirs are liable for debts and other material obligations of the deceased to the extent of the value of the property transferred to them. And, if there are several successors, then responsibility for repaying the debt falls on them in proportion to the size of the shares received.

When determining the composition of the estate, it is important to take into account the rights of the surviving spouse. According to the law, all property received by one or two spouses during marriage, in the event of divorce or death of one of them, is divided into two parts, one of which is inherited by the successors, and the second becomes the undivided property of the widower or widower.

Living space and other property received by a husband or wife by inheritance or as a gift are not subject to division between spouses, even if the transfer of the right to it was made during an officially registered marriage.

How to divide a privatized apartment without a will?

Ownership rights are distributed according to the following principles:

The marital share is not included in the estate.
Mandatory heirs are called upon to inherit, whose part is alienated as a priority.
Next, priority applicants are involved in the process. If they are absent, the next in line will be called upon.
The unit of measurement for living space is the square meter.
Persons in the same line of succession receive equal shares.
It is allowed to issue a refusal in favor of other applicants from any level of relationship.
When the refusal is unaddressed, the principle is applied in accordance with paragraphs 3-5 of this list.
If the direct heir died earlier or at the same time as the testator, the residential premises are transferred to other first-priority successors.
If the heir died after the disclosure of the inheritance case, but did not have time to complete the re-registration, the rights of inheritance are transferred to his relatives or to the person indicated in the will as the sole successor.

This is possible if the declaration of will was not formalized, was drawn up with violations, does not have notarization, is declared invalid, not concluded, or has lost legal force.

According to the rules of inheritance of residential premises, real estate passes into the possession of relatives classified by family proximity to the testator. When determining the position, the number of births separating him from the beneficiary is taken into account. Relationships at the “child-parent” level involve one knee. Between grandchildren and grandparents there are already two. Relatives have advantages over cousins

It doesn’t matter whether there is a direct family connection, since marriage gives the husband and wife all the rights to be considered representatives of the clan

Former wives and husbands do not have the right to inherit residential areas if the marriage is officially dissolved. Possession of a valid marriage certificate is sufficient grounds for inclusion as potential beneficiaries. So-called common-law spouses enjoy the possibility of inheritance if they lived in a house or apartment, paid expenses associated with maintenance and repairs, and maintained a joint home at the address assigned to the residential property from the inherited property. Adoption is also a sufficient basis for participation in an inheritance case on the rights of children or parents of the deceased.

After the alienation of the marital and obligatory share and the seizure of objects transferred by will (if there is one), in addition to residential and non-residential buildings, houses, apartments and other real estate, all property is divided by relatives. The primary legal successors are immediately involved in the inheritance: son, daughter, mother, father, wife, husband. The absence of such or reluctance to use living quarters is a reason for calling the second line: brother, sister, grandmother, grandfather. Under the same circumstances, applications from uncles and children who form the 3rd stage are accepted.

Then the great-grandparents and great-grandfathers take part in the inheritance procedure, and then the grandson, granddaughter, grandparents, great-grandson and great-granddaughter, niece and nephew, uncle and aunt. We are talking about cousins (4,5,6 lines of inheritance). The 7th line includes a stepdaughter and stepson, a stepfather and stepmother. The 8th position in the list is reserved for disabled persons who were dependent in the last year before the death of the testator. In this case, you do not have to be a relative of the deceased to receive housing. The last representative is the state.

Marital share

This is the part of the home that belongs to the existing husband or wife on the basis that the property is jointly owned. Each is entitled to half of the property, unless another distribution is provided for in the marriage contract. The marital share does not include property received as a gift or purchased before the wedding. Then the living spouse participates in the inheritance on a general basis. Otherwise, ½ of the living space already belongs to him, and part of the remainder will be transferred by inheritance, since the co-owner is the heir of the first stage.

When can you inherit an inheritance?

The legislation puts forward strict requirements for heirs regarding the timing of inheritance. They can declare their rights no later than six months after the death of the testator. This is what concerns priority heirs.

If the successor of the second or next line of inheritance (or those sub-designated in the will) has the right to the property of the deceased as a result of the refusal of the priority heir, the six-month period begins to run from the day when the refusalr submitted the corresponding application.

For persons claiming to receive inherited property due to its non-acceptance by previous successors, the period for entering into inheritance will be three months from the expiration of the initial six months.

Three months are also allocated for the acquisition of their share by the heirs by way of transmission (legal successors of the heir who died later than the testator, but did not have time to accept the required material benefits). This period is minimal and begins from the date of death of the failed heir. If the latter died, for example, a month after the testator, then the period for entering into the inheritance will be 5 months (the upper limit in this case is the standard six months). If the death of the successor occurs two months before the end of six months or later, then the period of succession will be extended to be at least three months in total.

Missing all of the above deadlines becomes the basis for the notary’s refusal to accept an application for inheritance and entails the loss of rights to receive the property of the deceased in other ways. The possibility of succession can be restored only if there are good reasons for absence, within six months after the obstacles to this have disappeared.

How to accept an inheritance

There are two ways to accept the property rights and obligations of the testator: formally and actually.

Formally

During the formal method of inheritance, the successor participates in an officially established procedure and, as a result of its implementation, receives a document confirming the right to inheritance.

Order

Step-by-step algorithm of actions for the heir:

Contacting a notary at the place where the inheritance was opened.*
Writing an application for acceptance of the inheritance and issuance of a certificate of title to inherited property (the latter is optional).
Submission of necessary documents.
Payment of state fees and notary services.
Obtaining a certificate of right to inheritance (if the heir has declared this).

* - The place of opening of the inheritance is determined based on the data on the last place of residence of the testator. If his address is known and is located within the Russian Federation, any nearest notary is authorized to open a hereditary case (you can find the addresses and telephone numbers of specialists on the website of the Federal Notary Chamber). Otherwise, the authorized person is selected at the location of the deceased's property or its most valuable part.

Documentation

Basic package of documents presented when registering an inheritance:

Death certificate of the testator. Issued on the basis of a medical report or a court decision at the civil registry office at the place of his death or the location of the court.
Applicant's identity card. This does not have to be a passport of a citizen of the Russian Federation. For such a case, a passport of a sailor, a military man, a citizen of another country, a residence permit, a certificate of temporary residence, etc. would also be suitable.
A certificate from the last place of residence of the deceased (if it is impossible to obtain it, a document establishing the location of the property must be presented). Issued at the Unified Information and Settlement Center, Multifunctional Center, and Passport Office.
A document confirming the priority right of inheritance - a will, a birth/marriage/adoption certificate, a judicial act establishing dependency, etc.
Acts, certificates, extracts with the help of which you can establish the deceased’s ownership of an inherited object (for residential premises this is an extract from the Unified State Register of Real Estate). Issued by Rosreestr.
A report on a market valuation of property or a certificate of cadastral value of an apartment or house. The report can be obtained from independent appraisers, and a certificate can be obtained from the territorial office of Rosreestr.

Documents can be submitted to the notary in person, through a representative, or sent by mail.

If a representative will act on behalf of the heir, a notarized power of attorney will need to be attached to the list of documents. But legal representatives of minors or incapacitated applicants do not need a power of attorney. To confirm their authority, they present another document - the child’s birth certificate or a decision of the guardianship and trusteeship authority on approval as a guardian/trustee, as well as a court decision to limit or deprive the heir of his legal capacity.

Papers sent by mail must be inventoried and executed in a valuable letter, and the signature on the application must be certified in advance by any notary. After delivery to the addressee, the applicant should receive a corresponding notice, which he should keep in case of problems with the notary.

Certificate of right to inheritance

The end result of formal inheritance, as a rule, is the receipt of a certificate of inheritance. It is issued after a written request from the applicant and payment of the state fee and becomes an official confirmation of inheritance rights. Only on the basis of this document can the ownership of an inherited object be registered, which provides the formal method of succession with an advantage over the actual one.

Property division

As part of the inheritance procedure, an agreement on the division of property may be concluded. Persons accepting an inheritance by mutual consent establish the composition of their shares, rather than dividing each object of the inheritance among themselves. In this case, instead of material assets in kind, compensation may be paid (in whole or in part).

Example. After the death of the testator, his successors were left with a car, an apartment and a country cottage with a plot. He did not make a will, and therefore all the benefits in equal shares went to the first priority applicants: his wife and two children from his first marriage. In order not to divide each property into three parts, the heirs agreed that the widow would have an apartment, one son a cottage, and the other a car. And since the size of the shares is determined based on the estimated value of the property, the recipient of the cottage paid his brother a sum of money to compensate for the difference in price between the property he actually received and what was legally due.

If it is not possible to reach an agreement (which is far from uncommon), the interested heir can file a claim with the court for the division of the inherited property.

When making a decision, the judge will be guided by the real needs of the heirs (do they have a need for an indivisible object, did they use it during the life of the testator, is there an analogue in their undivided property) and the size of the due share (if for a particular successor it is small, the court will not to divide the item, may order the payment of an appropriate amount to it).

The division of the inheritance is not relevant if the testator clearly and unambiguously indicated in his will what and how much each heir receives.

Expenses

Each case of inheritance is individual, but basically all of them are characterized by a basic list of expenses, which includes:

Payment for appraiser services. A document indicating the cost of the object is included in the mandatory package of papers - on its basis, the division and calculation of the state duty is made, and therefore this expense item cannot be dispensed with. You can only significantly reduce costs by ordering a certificate not from expert appraisers, but from Rosreestr (applies only to the assessment of residential premises and other types of real estate).
State duty. The fee is withheld from the heir only for receiving a certificate of inheritance. Its size is 0.3% for heirs from among close relatives (parents, spouse, children, brothers and sisters) and 0.6% for all others
Fees for notary services of a legal and technical nature. It is carried out in accordance with the tariff established by the local notary chamber for issuing a certificate, reading and opening a closed will, drawing up an agreement on the division of property and other actions within the framework of an inheritance case.

Minors and incapacitated heirs do not pay state duty, and disabled people of the first and second groups are exempt from it by 50%.

Actually

The second method of succession is not completely complete due to the fact that it is not recorded at the official level and cannot serve as a basis for registering inherited property as a property. In the event of a controversial situation (claims from other potential heirs, for example) or if it is necessary to formalize the object, the actual inheritance will have to be proven in court.

Acceptance of inheritance in fact is expressed in the following actions:

Living in a living space, paying utility bills, making repairs, maintaining cleanliness, including through an intermediary.
Taking measures to protect the inheritance.
Payment of debts of the deceased.
Receipt of amounts due to the testator.

Actual inheritance is considered complete even if one of the listed actions is performed.

List of documents for registration of inheritance

The heir must provide the notary with the originals of the following documents:

Passport.
Death certificate of the testator.
A document that confirms kinship or will.
Certificate from the last place of residence of the deceased.
Title documents for real estate.
Official assessment of property. This is necessary to calculate the state duty for inheritance.

If the inheritance was entered into in court, then you will need to provide the notary with the corresponding court decision, which has already entered into force. It is unlikely that the original will be on hand, so a copy issued by the court office . Just a technical copy won't do.

You will also need to write an application for inheritance. The notary will provide a sample or form.

Features of inheritance of residential premises

When implementing the inheritance scheme described above, it is important to take into account the nuances that are typical only for the design of the living quarters of the deceased. Particular attention should be paid to the following points:

The division of living space is carried out only after receiving a certificate of inheritance. Based on the concluded agreement, state registration of shares is then carried out.
State registration of real estate is mandatory in cases where the heir plans to sell it, donate it, or fully dispose of it in other ways. For simple use (living), the procedure can be postponed.
Living space is one of the types of inherited property that can actually be purchased. This feature follows from the previous one (you can use the object without registration). However, unlike property that is not registered but registered with a notary, the right to an actually inherited object will subsequently have to be recognized in court.
The state fee for issuing a certificate of title to a house, apartment (share in them) is not paid by successors who lived on the inherited living space during the life of its owner and continue to live after his death.

Separately, we should consider the features of inheritance of living space of different forms of ownership and types.

Cooperative housing

Priority successors by will or law are called upon to inherit the rights associated with participation in a housing construction cooperative, but not everyone can become a member of the cooperative. Of the equal heirs, priority is given to the spouse of the testator. If the widower or widow is not on the list of heirs or, of their own free will, does not want to join the association, the one who lived with the testator can be accepted as a shareholder.

In the absence of these persons (among the successors or in principle), one of the other heirs who were not in a marital relationship and did not live with the now deceased, but who have the right to receive a share, will be chosen as a member of the cooperative.

If, even with established boundaries, several people can be accepted as members of the association on an equal basis, the new owner of the share is chosen by the heirs through an agreement or in court. Persons entitled to part of the shared property, but who did not receive it in accordance with the described procedure, are entitled to compensation.

Privatized apartment

The municipal apartment, registered as the property of the testator, passes to his successors on a general basis. The whole premises or part of it (depending on what the deceased owned) becomes the property of the heirs even in the case when the privatization of the living space was not actually carried out, but the application and all the necessary papers were submitted by the testator in the proper manner.

To achieve inclusion of such an apartment in the estate, the heirs need to go to court and prove that privatization was prevented by circumstances beyond the will and actions of the applicant.

Non-privatized living space

The premises used by the testator on the basis of a social tenancy agreement are not his property. For this reason, a non-privatized apartment cannot be inherited. After the death of the tenant, the tenants included in the rental agreement have the right to re-register it, and later, by mutual desire, privatize it into joint (in some cases - sole) ownership.

Residential premises with a plot

According to Art. 273 of the Civil Code of the Russian Federation, the new owner of the residential premises acquires (in this case, inherits) the plot of land on which the building is located and which is necessary for its use. This means that when registering a house, there is no need to separately submit documents for inheritance of the specified territory - it complements the living space within minimal but reasonable limits.

Mortgage housing

The inheritance will certainly include an apartment purchased with a mortgage. And this circumstance can radically change the plans of the heirs. The fact is that they will have to repay the impressive balance of debt, possibly stretched over many years, in full or in part owned by the testator (the mortgage could be issued to several persons).

Few people will be happy about this prospect, but it is almost impossible to avoid it. There is a chance that the insurance company will pay the balance, but in reality this rarely happens (all thanks to a skillfully drafted contract). And the only way to avoid unnecessary losses is not to accept an inheritance.

But the whole complexity of this situation lies in the indivisibility of the inheritance: everything that is due to a specific heir cannot be divided or acquired selectively. By refusing to pay the mortgage, the successor loses everything he can get. Therefore, before making such a radical decision, you should correctly calculate the consequences: how much the heir will receive and how much he will lose if he acquires the property of the deceased and vice versa.

Requirements for real estate objects

Traditionally, residential premises include premises that are isolated and suitable for permanent residence of citizens, that is, they meet established sanitary and technical rules and regulations, as well as other legal requirements. The procedure for recognizing a premises as residential and the requirements for it are determined in accordance with Art. 15 of the Housing Code of the Russian Federation.

Residential premises include apartments in multi-apartment buildings, residential buildings, as well as parts of apartments or residential buildings (rooms). Regardless of what type of residential premises this or that property belongs to, if an inheritance is opened, it becomes part of the inheritance mass, of course, if the testator has ownership rights to it.

It should be noted that in fact, residential premises provided to citizens under a social tenancy agreement passed (and are still passing) from one generation of employers to other, subsequent generations.

To provide such housing, a citizen (and his family) must meet certain requirements imposed by law on citizens in need of housing.

Residential premises are isolated real estate suitable for permanent residence of citizens. Housing must meet established sanitary, technical rules and standards, as well as other legal requirements (Article 15 of the Housing Code of the Russian Federation).

Residential property can be divisible (can be divided in kind - by the number of rooms, for example) and indivisible (cannot be divided in kind). The indivisible living space may go to one of the heirs, and the rest will be reimbursed for the cost of their shares in monetary terms.

Non-residential premises are intended for production purposes, they are also shopping complexes, cultural and educational, sanitary, medical, communal, household and administrative institutions. The main feature of non-residential premises is that it cannot be intended for the permanent presence of people in it.

In multi-storey buildings, non-residential areas are those areas that are not privately owned - underground parking, technical premises and others.

To inherit non-residential premises, an extract from Rosreestr is required, confirming the absence of restrictions such as pledge or seizure of property. When inheriting a garage, if it is located in a cooperative, a membership document is required.

Inheritance of a privatized apartment by law does not apply if there is an expressed will of the predecessor in a special document - a will. This document is drawn up during the lifetime of the owner and contains the will to dispose of the privatized apartment after death.

And we will start by telling you who owns the rights to inherit a privatized apartment.

Right to inheritance

In his order, the testator has the right to indicate any person who is not considered one of his relatives (as well as the state represented by its authorized bodies). However, the law also defines a special category of citizens who have the primary right of inheritance regardless of the will of the predecessor. Persons entitled to an obligatory share in privatized housing include:

husband or wife;
dependents who lived together with the deceased for at least 1 year;
the testator's parents who are disabled due to their existing disability group.

The size of such a share for this category of persons is 2/3 of the privatized living space, the rights to which are transferred by inheritance.

As an example: the testamentary disposition could indicate a cousin of the deceased, but if there is a wife, she has the right to a ½ share in the privatized housing.

We invite you to familiarize yourself with: Law on Enforcement Proceedings

When several heirs receive privatized living space as an inheritance, it is necessary to allocate shares. However, it is often not possible to carry out division in reality. In such a situation, legal successors can sign an agreement on the division of privatized living space. If there is no agreement, the conflict situation is resolved in court. The application must contain a requirement to allocate the share of each legal successor.

When dividing, the following rule applies: if the testator has not established the part of the property of each legal successor in shares, then the court divides them equally. However, in some cases, the process requires the participation of specially authorized bodies that protect the rights of certain categories of persons (under 18 years of age, recognized as incompetent or limited in legal capacity).

Next we will talk about the procedure for inheriting an apartment under a will.

To register an inheritance, successors must first declare their rights to the privatized living space. To do this, you must submit an application before the expiration of a 6-month period from the date of opening of the procedure. This application must be submitted to the tax inspectorate at the place of residence of the deceased. In case of an error with the definition of the tax code, the notary, after checking all the data, will tell you where to go.

The process of obtaining owner rights is possible only after the expiration of a six-month period. Obtaining a certificate is subject to a state fee. Only after receiving the certificate can the new owner register his rights to the privatized living space.

Next, we will tell you what documents are needed to inherit an apartment.

Registration of residential premises

The final stage of inheritance, as a rule, is state registration of housing. The procedure secures the heir's ownership rights in the Unified State Register of Real Estate, an extract from which has a title-confirming nature in the event of a sale, donation of the object, or when it is transferred to the successors of the new owner.

To register living space, the heir needs to contact the local branch of Rosreestr (Federal Service for State Registration, Cadastre and Cartography) and submit an application for registration of the inherited premises. In addition to the application, the successor will need to collect and provide the following package of papers to the authorized specialist:

Identification.
Certificate of right to inheritance.
Agreement on division of property (if one was concluded).
Technical plan of the premises.

In addition, the applicant must pay a state fee - 2000 rubles for registering the transfer of title to a house or 200 rubles for a share of common property in an apartment building.

Open library of educational information

A fairly large number of modern scientists, studying the issues of inheritance of certain types of property, pay attention to the fact that the third part of the Civil Code of the Russian Federation did not highlight any features of the inheritance of residential premises. In fact, when inheriting residential premises, the general rules on inheritance enshrined in civil law are subject to application.

At the same time, it is impossible to deny the fact that the legislative regulation of the inheritance of such a socially significant object as a residential premises must contain these features.

First of all, these features are associated both with the types of residential premises (whether an apartment, room or residential building is inherited), as well as with the legal grounds in connection with which the right of ownership of housing arose (whether the apartment was privatized, whether it became the property after full payment of a share contribution for an apartment by a member of the housing complex and housing cooperative or the residential premises were built and have the status of unauthorized construction).

Inheritance of a residential building

Definition of Part 2 of Art. 16 of the Housing Code of the Russian Federation, a residential building is understood as an individually defined building, which consists of rooms, as well as premises for auxiliary use to satisfy citizens’ household and other needs related to their residence in such a building.

A residential building, as already noted, may belong under the right of common ownership to two or more citizens (including heirs), between whom disputes often arise about the procedure for using the house or allocating a share to a co-owner. Such disputes are considered by the courts upon the claim of any of the participants in the common ownership of the house, if an agreement is not reached between them on the method of allotment or on the procedure for using the house.

Thus, in paragraph 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 of 01.07.1996 ᴦ.[53] it is stated that the impossibility of dividing property in shared ownership in kind or separating a share from it does not exclude the right of a participant in common shared ownership to make a demand to determine the procedure for using this property, unless this procedure is established by agreement of the parties.

Testamentary refusal to use living space

When accepting residential premises as an inheritance, the successor should check the existence of a will in which the testator could establish a testamentary refusal. If there is such an order, the heir has the right to use, maintain and dispose of the real estate only with an eye to the interests of the legatee - the person whom the testator has granted the right to lifelong or temporary residence in the residential premises.

The heir does not have the right to evict the legatee, and in the event of alienation of the living space (sale, donation, etc.), the latter does not lose the opportunity to live on it - the new owner in this case receives the tenant along with the apartment (house). Naturally, it will not be easy to find buyers for such housing.

The legatee may assert his rights within three years from the date of death of the testator. If he does not do this within the specified period, the owner of the residential premises legally has the right to refuse him to use the property. Otherwise, you can agree on the following solution with the legatee: pay him the agreed amount in exchange for his notarized waiver of the right to use the living space. Such an agreement can be mutually beneficial if the legatee has a place to live, otherwise the compensation he requires will be high or he will completely refuse such an offer.

Regulation of the transfer of residential and non-residential premises by inheritance

Inheritance of residential and non-residential premises is a procedure that can occur both by law and by the will of the deceased.

Inheritance by law

Inheritance by law is carried out on the basis. According to the article, the heirs are close relatives and children of the testator. At the same time, priority is given to the heirs of the first line - husband, wife, children, parents.

To receive an inheritance, they must declare their rights to it (contact a notary with a statement) within 6 months from the date of death of the deceased.

Reference . The day of opening of the inheritance is the official day of death of the testator.

If for any reason they do not declare their rights, then the inheritance is distributed in order of priority among other relatives (in total, the law provides for 8 succession lines).

Inheritance by will

If a person has executed a will during his lifetime, then the inheritance is distributed according to the will of the deceased stated in it.

The will comes into force on the official date of death of the testator. It should be noted that the person who left a will can disinherit it to the official heirs and bequeath it to third parties.

Important ! The document must be in writing and certified by a notary. If a will is drawn up in violation of legal norms or does not contain a notary’s signature, it may be declared invalid.

As for the peculiarities of inheriting residential and non-residential premises, the following should be noted:

All property is divided equally between representatives of one line. Note that half of the real estate that was acquired jointly during marriage does not participate in the distribution, but is transferred to the living spouse immediately after the opening of the inheritance. The second part is divided among the remaining relatives.
The property is inherited in its entirety. It is impossible to accept only part. So, along with residential and non-residential premises, you can inherit obligations for debts and loans for them.
An important point is the transfer of the obligatory part of the inheritance. It is claimed by first-degree relatives and dependents living with the testator for at least a year before his death. A necessary condition for this is the presence of a disability - due to age or disease.

However, living quarters can also be used virtually. To do this, the heir must live in the inherited house or apartment, and:

pay for its maintenance, repairs and improvements;
pay for utilities and other services;
dispose at your own discretion;
repay debts remaining after the death of the testator.

Carefully ! Acceptance of an inheritance in fact does not provide any documentary evidence. This means that problems may arise during the subsequent sale of the residential premises.

Refusal of inheritance

When describing the inheritance procedure, one cannot fail to mention the possibility of refusing it.

Renunciation of inheritance allows you to avoid the obligations imposed on the successor or transfer your inheritance share to another person. In the first case, the refusalr submits an application to the notary, in which he expresses his reluctance to acquire the inherited property. After this, its part is returned back to the estate and distributed among the remaining heirs in proportion to the shares they accepted.

If a potential heir wants not only to refuse, but also to transfer the inheritance to a specific person, he should make a directed renunciation. It is carried out similarly to the previous option, with the exception of a significant difference: the application indicates the full name and contact information of the recipient of the share.

And the most important:

A directed refusal can be made only to actual or potential heirs by law or by will.
In favor of another successor, it is impossible to refuse the obligatory share of the inheritance, testamentary refusal and inheritance bequeathed to a strictly defined circle of persons.

Also for refuseniks (no matter what method of renunciation they choose), the following information is relevant:

The refusal can be made no later than 6 months after the death of the testator.
Within the specified period, the successor has the right to abdicate even after accepting the inheritance.
Only actual heirs can restore the missed deadline if there are good reasons.
A refusal notarized and signed by the heir cannot be taken back.
By renouncing one object/right/obligation, the heir loses everything that is part of his share.

What is the order of succession?

The residential inheritance is distributed among direct legal successors:

By will, this is any civil or legal entity indicated in the appropriate column.
According to the law, the successors are the relatives of the deceased, classified according to the degree of family affiliation.
Actually. Here, residential property will be used by people who lived on the square meters before.

When distributing within the framework of inheritance, they act in accordance with the following procedure:

A spousal share is allocated to a residential apartment belonging to the legal, active spouse.
They alienate the obligatory share intended for minor children, disabled parents, disabled people who were supported by the deceased in the last 12 months.
They check whether a will has been drawn up and whether a residential inheritance is indicated in it. If this is not the case, then the remaining residential properties are distributed according to the law.

This means that the first priority is called upon - parents, children, existing spouses, if the marriage is not dissolved at the time of disclosure of the inheritance case. If there are no immediate relatives or they are unwilling to accept the property, the second stage is involved in the procedure, when siblings become legal successors. If there are no takers in this case, the property goes to heirs from other lines in order. Dependents then enter the inheritance process if they are determined to be incapacitated.

Who has the right to inheritance?

Even if there is an expression of will, unworthy heirs do not have the right to express claims to the residential property of the deceased. If there is inheritance by law, the applicants are persons who have proven family ties with the deceased. Close relationships presuppose blood ties and marital ties. Adoption creates the right to claim residential property, giving adopted children and parents equal rights.

Stepsons, stepdaughters, stepfather and stepmother are included in the seventh line of inheritance, which allows them to claim living rooms if the previous six steps are empty or no one has expressed a desire to become the owner of the values remaining after the death of the testator. Dependents are persons who are unable to provide for themselves due to illness or age (pensioners, minors, minors). The main condition is the presence of documentary evidence that the deceased spent money on their maintenance or lived with them in the same living space.

What will happen to unaccepted housing?

Residential premises that were not purchased within the prescribed period for this purpose become escheatable property and are inherited by the locality where the object is located. If it is located in an inter-settlement area, the heir will be the corresponding municipal district or city district.

This information will be useful to successors who, for good reasons, missed the deadline for entering into inheritance. When they learn about the death of the testator or are able to take action to take over the living space, they will most likely have to file a lawsuit to restore their rights, and the new owner of the property will need to be named as a defendant in the case.

When inheriting living space, like any other property, order is important. Strict adherence to deadlines, stages and specifics of their completion guarantees the heir a quick and “painless” succession.

But if something goes wrong, by chance or due to an unintentional mistake, it becomes difficult for the heir to recognize his own interests. One mistake leads to a second, third, and independent resolution of the problems that have arisen without sufficient knowledge and experience often leads the heir to a dead end.

The lawyers of the site ros-nasledstvo.ru are ready to help you get out of any difficult situation. You can contact them for free help through the feedback form at any time of the day or day of the week.

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