What documents do you need to collect to inherit an apartment? Required and additional papers

Basic documents for inheritance

As befits a serious procedure, the inheritance is formalized in strict accordance with the norms of the Civil Code.
The law clearly states the minimum number of documents without which it is impossible to enter into an inheritance. When first contacting a notary, the heir must have:

1. Application for entry (drawn up in a notary office according to the sample).
2. Death certificate of the testator.
3. Passport or other identification document of the heir.
4. Proof of family relationship with the deceased (in the absence of a will, a birth or marriage certificate will do).
5. Documents with passport details of the testator from the place of his last residence.
6. Extract from the house register. When entering into an inheritance of a private house, you will need to prepare a copy of the house register, which must indicate all the persons who lived with the deceased until the moment of his death.
7. Power of attorney for participation in the procedure for entering into an inheritance under a will (when the main heir delegates powers to the principal).

These documents must be collected in a single folder within the period established by law - 6 months from the date of news of the opening of the inheritance after the death of the testator.

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Different situations require certain papers. You can select a complete list:

• Application - the form depends on the type of inheritance (by law or will).
• Death certificate, court decision - issued at the registry office or court.
• The applicant's general passport.
• Documents confirming the degree of relationship - marriage certificate, birth certificate, change of surname, certificates from the registry office (in case of inheritance by law).
• A will – if it has been written.
• A document confirming the place of residence of the testator and the number of persons registered with him - a certificate from the Federal Migration Service, an extract from the house register.
• Refusal of inheritance from other claimants.
• Documents of title for property included in the inheritance mass - agreements, certificates, acts, etc.
• Valuation report if the estate includes real estate.
• Technical documents from the BTI for the property.
• Extract from the Unified State Register of Real Estate.
• Certificate of absence of debts for utility services.
• Certificate from the Federal Tax Service confirming the absence of property tax debts.
• Extracts from the registers of shareholders of the company, if the company is inherited.
• Constituent documents for inheriting a company.
• Bank documents if deposits are inherited.
• PTS, vehicle valuation certificates - in case of inheritance of movable property.
• Papers confirming disability or dependency.
• Other papers at the request of the notary.

This is not an exhaustive list. The notary may require the provision of other documents, if necessary.

We recommend promptly collecting and providing the necessary documents. You need to make a copy of each of them. The sooner you provide the papers, the sooner you will receive a certificate of inheritance.

Clause 1 of Art. 1162 Civil Code of the Russian Federation:

• A certificate of the right to inheritance is issued at the place of opening of the inheritance by a notary or an official authorized in accordance with the law to perform such a notarial act.
• The certificate is issued upon application of the heir. At the request of the heirs, a certificate can be issued to all heirs together or to each heir separately, for all inherited property as a whole or for its individual parts.

When entering into inheritance rights, regardless of the situation, you must provide the following documents:

• Death certificate.
• General passport.
• A document confirming the degree of relationship.
• Papers from the testator's last place of residence.

If inheritance is carried out by will, you will need the document itself and a passport to identify the heir.

This document is issued at the registry office on the basis of a certificate from a medical institution confirming the occurrence of death. The certificate contains the identification information of the deceased and the date of his death.

The next of kin of the testator receive the death certificate. To receive it, you must come to the registry office with a passport and a medical certificate.

A person can be declared dead in court. Then the death certificate is replaced by a court decision.

When inheriting by law, the notary must make sure that he is facing a relative of the deceased who has the right to receive the property. To do this, you must provide documents confirming the degree of relationship with the testator.

Such documents may be:

• Marriage certificate.
• Birth certificate.
• Certificate of change of identification data.
• Other certificates from the registry office.

The notary office is required to provide the original and a copy of the document confirming the relationship.

Documents from your last place of residence are required if it is part of the estate. In this case, an extract from the house register is provided, which indicates the number of persons registered in the living space.

Another important document is a certificate confirming the absence of debt on personal accounts, where payments for the use of housing and communal services are transferred. The fact is that the debts of the testator are also included in the estate. Please note that you cannot refuse part of the inheritance.

Clause 3 of Art. 1158 of the Civil Code of the Russian Federation: Refusal of part of the inheritance due to the heir is not allowed.

The notary needs to make sure that you have the right to receive the inheritance. You can establish your identity by checking your passport.

It is necessary to prepare not only the document itself, but also a copy of it. There is no need to certify copies.

When entering into an inheritance of real estate, not only confirmation of the identity of the heir is required, but also the rights to the apartment or house.

In this case, the following documents are required:

• Title papers.
• Legal documents.
• Certificate of real estate value.
• Technical documentation from BTI.

The notary can also request an extract from the house register and a certificate confirming the absence of debt on personal accounts used to pay for utilities.

Title documents for real estate are those on the basis of which the testator’s right of ownership arose.

Such papers may be:

• Contract of sale.
• Deed of gift.
• Barter agreement.
• Certificate of entry into inheritance rights.
• Certificate of privatization.
• Court decision, etc.

This document is required to prevent controversial situations regarding the inheritance.

The testator cannot dispose of someone else's property. The certificate confirmed the existence of ownership until 2021.

If the testator registered his rights to real estate after the updated law came into force, then this is confirmed by an extract from the Unified State Register of Real Estate.

If the heirs cannot find the original of this document, they need to contact Rosreestr or the MFC at the location of the apartment.

You can register an inheritance for an apartment that is not encumbered with anything and in respect of which no illegal actions have been committed (for example, illegal redevelopment).

To make sure that the apartment is legal and that there are no obstacles to registering an inheritance, you need to contact the BTI and obtain technical documents for the property.

You can find out about all existing encumbrances from an extract from the Unified State Register of Real Estate. It is obtained from Rosreestr or MFC.

We invite you to read: Preferential length of service in different professions and harmfulness: how to calculate

Data on the value of real estate can be obtained by contacting an appraisal company. Our specialists will prepare an up-to-date report for the current date.

In addition, a certificate of value can be obtained from the BTI. To do this, you need to write an application and pay a state fee of 1000 rubles. A receipt for payment can be obtained from the BTI.

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Inheritance implies the transfer of the testator's property to the heirs after the death of the owner. The main difficulty in registering the right to inheritance lies in the preparation of documents. The list of papers may vary depending on the method of entry into property rights and the type of inherited property. Let's consider what documents are needed to register an inheritance.

A person claiming inheritance must contact a notary. For this purpose, a period of 6 months is allotted from the date of death of the testator.

Documents must be submitted at the place where the inheritance was opened:

• at the registered address of the deceased person (if known);
• at the place where the will is kept;
• at the location of the real estate;
• at the location of the most valuable property.

If there are several notaries working in the area, then you can call each of them and find out who exactly will open the case. Contact information can be found on the Internet on the website of the Federal Notary Chamber or found in one of the notary offices.

After the expiration of the period established by law, the heirs will have to go to court (Article 1155 of the Civil Code of the Russian Federation). Grounds for reinstatement:

• the heir did not know the death of the owner. For example, a person lived in the territory of another state or did not maintain contact with a deceased relative;
• the citizen completed military service upon conscription;
• the heir was undergoing long-term treatment and other valid reasons.

To enter into property rights, heirs must visit a notary office (Article 1153 of the Civil Code of the Russian Federation). Potential recipients must prepare a certain package of documents for the notary.

The list varies depending on the specific situation:

• inheritance by law/testament;
• receiving certain types of property as part of an inheritance.

Basic list of documents

Actual acceptance

Actual acceptance of an inheritance is the actions of the heirs performed from the day of its opening until the actual registration of their rights with a notary, which indicate that the inheritance mass, part of it, has been accepted by them as their own.

Actual acceptance may be evidenced by:

• The debts of the testator have been repaid;
• Debts of third parties owed to the testator have been accepted;
• Ensuring the safety of the hereditary complex;
• Material maintenance of property;
• Actual management or ownership of property.

Read what the right of representation is in the article “Who has the right to inheritance by representation”. What is not included in the inheritance can be found here.

Basic documents for inheritance

Entering into an inheritance is a lengthy process that cannot be completed without involving an additional list of documents. This is usually reported by a notary.

List of additional certificates for inheritance:

1. Application for renunciation of property - drawn up according to a sample in order to transfer the inheritance to one of the relatives or renunciation of property without specifying a successor (for example, if the testator left huge debts to the bank).
2. Documents for the use and disposal of real estate included in the inheritance.
3. A copy of the house register (scanned page or regular record of the composition and number of residents in the apartment).
4. Cadastral information about real estate (when registering land rights, in some cases you will need to attach a land survey file).
5. An expert's opinion on the value of the inherited property at the time of the testator's death.
6. Bank evidence (for example, Passbook or personal account number).
7. Information about the participation of the testator in transactions with shares.
8. Certificate from the Unified State Register confirming the absence of debt on inherited property (collateral, loan, utility bills).
9. Vehicle technical passport.

As we can see, additional documents for inheritance include certificates and extracts about specific property. The specified objects should not be limited in circulation. Otherwise, their inheritance will become impossible.

But sometimes even additional statements are not enough. This is due to complex relationships between heirs or the inclusion of heterogeneous property in the inheritance under a will.

The notary may require the following certificates:

1. Replaced original documents from the registry office.
2. Certificate of restoration of parental rights (in matters of unworthy heirs).
3. Confirmation from the heirs of the fact of entry into the rights to the property of the deceased (if the basic documents are insufficient).
4. Valuation of shares on the securities market.

Not all certificates are given with little effort - a number of documents are issued only upon entering into an inheritance and nothing else. Therefore, before compiling a general list of documents, check the family archive - perhaps there are still documents there that are of interest for the notarial procedure.

Contents (click to open)

The procedure for opening an inheritance begins with the submission of an application by one of the relatives to the nearest notary office. Further procedure:

• presentation of a complete package of documents with the application;
• opening enforcement proceedings based on an application;
• announcement of the will (in the absence of an administrative document, the notary waits for statements from each relative, but does not independently look for potential recipients of property);
• waiting six months;
• division of property into parts between heirs;
• preparation by a notary of a certificate for receiving an inheritance;
• re-registration of property rights to the object.

The law establishes the following types of deadlines:

• 6 months – the total period for entering into inheritance;
• 9 months – acquisition of property rights through hereditary transmission;
• 3 years is the statute of limitations for disputes related to the acquisition of inheritance rights.

The missed period may be restored based on a court decision if there are compelling reasons.

The appeal is prepared in free form. There is no need to write an application yourself at home, since the notary's office has its own application form. The application contains the following information:

• personal data of the applicant;
• relationship between the testator and the heir;
• personal information of the deceased person (full name, last registered address);
• a list of property claimed by the heir (in the absence of a will, you may not indicate a list of property);
• confirmation of familiarization with rights and obligations;
• signature and date of application.

We invite you to read: How to apply for temporary registration through the MFC, documents and deadlines

Table “List of required documents”

The right of representation is the transfer of property to the relatives of the testator who died before. Additionally served:

• a copy of a document confirming the relationship of the testator and the deceased heir;
• death certificate of the deceased heir;
• documents confirming the relationship between the representative and the heir.

Mandatory share

• minor children;
• disabled relatives;
• disabled dependents.

Confirmation of the right to receive a compulsory share of property are:

• child's birth certificate;
• conclusion of a medical commission confirming receipt of a disability group (subject to regular renewal);
• explanations of witnesses confirming the cohabitation of the dependent and the testator;
• a copy of the house register or a certificate of family composition confirming joint registration;
• a certificate in the name of the dependent from the Pension Fund confirming the absence of other sources of income.

Hereditary transmission is the transfer of property to the relatives of the heir who did not have time to formalize his inheritance rights. Among the required documents is an extract confirming the relationship of the failed heir and his relatives.

Inheritance transmission is a legal basis for extending the time frame for registering an inheritance to nine months.

When filing an application, the heir is required to prepare and transfer documents for all property. The final list of documents depends on the type of property.

Table “List of documents for different types of property”

Re-registration is required for the following types of property:

• real estate (in Rosreestr);
• vehicles (traffic police);
• weapons (licensing system of the Ministry of Internal Affairs).

You must have the following package of documents with you:

• passport (or other identification document);
• statement;
• certificate of inheritance (obtained from a notary);
• receipt of payment of the duty;

Additionally you may need:

• cadastral passport (if the object is registered for the first time; the object must be registered in Rosreestr);
• agreement for the division of real estate (if there is more than one heir);

When obtaining permission to use weapons, a certificate from a narcologist and a psychiatrist is provided, confirming the person’s sanity.

It is impossible to receive an inheritance without first submitting a complete package of documents. If they are missing, you must first restore them. In this case, it will not be possible to enter into inheritance rights in a timely manner. The heir must begin to restore the documents, and then a lawsuit is prepared with a request to restore the lost terms of inheritance.

Documents required for registration of inheritance for real estate

1. Title and right supporting documents for real estate (original copies):
   • certificate of ownership of the home;

   certificate of state registration of property rights;

2. extract from the Unified State Register of Real Estate

Depending on the basis for the emergence of the right:

• agreement of purchase and sale, gift, exchange, privatization;
• certificate of right to inheritance (by law or by will);
• certificate of ownership of a share in the common property of the spouses;
• SNT certificate for a garden house;
• certificate from the housing cooperative for the apartment regarding full payment of the share;
• court decision on a property dispute.

1. Title and title supporting documents for land:
   • certificate of land ownership;

   certificate of state registration of land rights.

Depending on the basis for the emergence of the right:

• agreement of purchase and sale, gift, exchange, privatization;
• certificate of right to inheritance (by law or by will);
• during primary privatization - an archival copy;
• resolutions on the provision of land ownership (taken at the location of the land plot);
• extract from the household ledger.

1. Legal documents and documents supporting the right.
2. Help from GSK.
3. Certificate of the estimated value of the garage on the day of death of the testator, floor plan, explication (BTI at the location of the property).
4. Certificate of absence of seizures on property.

We suggest you read: If an individual entrepreneur has a seal, is he obliged to put it on all documents?

When entering into an inheritance of real estate, you need to collect title certificates:

1. Official documents for the ownership, use and disposal of an apartment (purchase and sale agreement, gift agreement, rental, lease, exchange, allotment).
2. Confirmation of the presence of a share in the apartment.
3. Certificate of timely payments on the share line.
4. Extract from the Bureau of Technical Inventory (BTI).
5. Information that the heir was related to the deceased (at the time of entry into the case).
6. Death certificate of the testator.
7. Extract from the house register (apartment) or house register (private house).

Advice! Do not delay in repaying real estate debts, otherwise the management of the housing and communal services may sue, and this is fraught with lengthy proceedings. Litigation will definitely not be beneficial to entering into an inheritance.

What is a mandatory share

An obligatory share in an inheritance by law is a part of the inherited property that, by law, passes to certain citizens.

The size of the obligatory share in the inheritance can be changed or, conversely, canceled completely.

When determining the right to a mandatory share, many events and facts are taken into account.

To determine the size of the inheritance and obtain more detailed information, you need to read the article “Mandatory share by law.”

What documents are needed to register an inheritance with a notary after death?

When registering an inheritance for a car, you must provide the following documents:

• Registration certificate.
• PTS.
• Contract of sale.
• Valuation of the car on the day of death.

If you do not have documents, you can request them from the traffic police. The assessment is carried out in any company providing such services.

To register securities as an inheritance, you must present an extract from the register of shareholders, as well as a report on the assessment of the market value of the securities.

The appraisal report is prepared by an appraisal company that has the right to carry out such activities. The data is indicated as of the date of death of the testator.

1. Vehicle Passport (PVC).
2. Vehicle registration certificate.
3. Certificate from the traffic police about the ownership of the vehicle (in the absence of documents for the vehicle).
4. A report on the market valuation of a vehicle on the day of death, with a certified copy of the license of the organization authorized to evaluate the vehicle.

1. Information about which bank the deposit is located in (for the notary to send a request).
2. Savings book.
3. Original bank deposit agreement.
4. Testamentary disposition for the contribution (if made).
5. Lease agreement for safe deposit boxes or safes.
6. Certificate from social security (in case of lost pension).

1. Extract from the register of the registrar's organization.
2. A report on the market valuation of shares with a certified copy of the license of the organization authorized to evaluate shares.

Where to submit documents for inheritance

Very often you can come across the question of how to enter into an inheritance after collecting documents? The answer is obvious: go to the notary’s office where the deceased lived. Next, you should find out which notary is in charge of the inheritance case and transfer the collected documents to him.

Documents for inheritance are submitted in a single folder. An application for entry or a statement of refusal is attached along with the folder. Compliance with all rules serves as the basis for the acceptance of documents by the notary. Based on the results of consideration of the inheritance case, he issues a certificate of the right to inherit. With this application you can go to the registration authority (for example, the Cadastral Chamber).

What is a certificate of inheritance

The key factor in the heirs taking ownership of the property of a deceased relative is the issuance of a certificate of inheritance. The document is issued no earlier than 6 months after the opening of the inheritance. This is due to the fact that the notary needs time to study the documents of all applicants, including those who will subsequently be found unworthy.

An entry certificate is issued under the following circumstances:

1. The testator did not leave a testamentary disposition.
2. A will does not cover all of the deceased's property.
3. The heirs included in the will wrote a refusal to enter into the inheritance.
4. The testamentary disposition of the deceased was declared invalid (has no legal force).

A certificate of accession is issued only if the heir provides a complete list of documents within six months from the date of death of the testator. The document is sealed with the signature and seal of a notary. Forgery of certificates of the right to inheritance is prosecuted under the laws of the Russian Federation!

Obtaining inheritance rights without a will

According to the law, the inheritance process can occur in two directions: by will and by law. Both methods are based on chap. 63 of the Civil Code of the Russian Federation.

Information on how to claim an inheritance without a will, and the order of priority are also set out in this document.

The main contenders for accepting the inheritance are the heirs of the first stage. If there are none, heirs of the second, third and subsequent stages are involved.

In any case, you must contact the notary organization where the inheritance case is opened and registered.

If the applicant called to inherit died before the opening of the inheritance, the property is inherited by his first-degree heirs by right of representation.

In addition to relatives who are called upon to inherit, successors can be citizens who were dependent on the deceased for a year. Let's take a closer look at the order of inheritance.

Cadastral passport for real estate

Real estate objects fall under the regulation category of the Federal Law “On the State Real Estate Cadastre”. The requirements for entering into rights to such property require cadastral information about the inherited object.

The cadastral passport contains:

1. Property location.
2. Characteristic features (number of floors, type of building, operational information).
3. House diagram.
4. Intended use of an object (for example, a plot of land).
5. Housing cost assessment.

The absence of a cadastral passport makes it impossible to inherit an apartment according to the law. In this case, the applicant will have to order land surveying from the BTI, and then submit an application to Rosreestr for a cadastral passport.

The bank will not allow the transfer of funds from the testator's account without a certificate of entry into inheritance rights obtained from a notary. Only this document can become the basis for accepting an application for a money transfer.

Inheritance is carried out by will or by law. If the applicant does not have grounds to receive an inheritance under any scheme, the notary has the right to refuse to register him. Another reason for refusal is missing the deadline provided for acquiring rights under the law (six months). If the reason for the absence was valid, you should go to court and demand an extension.

What is included in the hereditary mass

The hereditary mass covers a number of objects:

• Objects of the material world, money and all types of securities;
• Property rights;
• Obligations.

In this case, the rights and obligations that the testator had on the day of death, and those that the deceased began to formalize, but did not complete due to his death, are inherited.

The law excludes inheritance of rights and obligations that:

• directly tied to the personality of the testator (alimony, pension, etc.);
• by law it is prohibited to transfer (state awards, etc.).

Agreement on the division of inheritance between claimants

Inheritance of property gives rise to the emergence of inheritance legal relations between heirs. Their roles are determined by the category of relationship with the deceased, but nevertheless, each of them has the right to enter into a share of the testator’s property.

An agreement on the division of property is an agreement between applicants on a voluntary basis. The agreement is relevant if the heirs do not have mutual claims and wish to distribute the property according to their position.

The main points of the agreement on the division (entry) of inheritance:

1. Determination of the shares of property of each of the applicants.
2. Indication of the price of objects leaving to the heirs.
3. Monetary compensation to the remaining parties to the agreement (in case of transfer of all shares into the hands of one heir).
4. Procedure for entry and transfer.

On a note! If there are disagreements between the heirs, the determination of shares is resolved in court.

Which court should I go to?

Inheritance cases of special or action proceedings are dealt with by courts at the district level. The plaintiff (if there is a dispute) has the right to appeal to the authority at the place of residence of the defendant or one of them, and the applicant (if a fact of legal significance is established) - at the address of his own residence or according to the location of the inherited property.

To appeal a court ruling that has already been issued, the heir must file a claim in the court of a constituent entity of the Russian Federation or a city of federal significance.

Do I need a power of attorney?

No less important is the issue of conducting business by proxy. According to the definition, a power of attorney is a notarized document giving its owner the right to enter into an inheritance on behalf of the successor (principal). The power of attorney reflects the powers of the heir's representative.

When is it necessary to do without a power of attorney? Basically, these are cases when the heir cannot independently submit documents for inheritance due to serious illness, residence in another country or other life circumstances.

Then, for the convenience of the procedure, the heir has the right to issue a power of attorney for his relative or lawyer to deal with inheritance issues on behalf of the applicant for the property of the deceased.

Possibility of receiving an inheritance in another city

Situations are quite common when the testator lives in another city. It is possible to receive an inheritance while in a completely different place, but the process requires additional effort.

In such circumstances, the heir has the right to mail the application to a notary organization; the second way is to use a notarized power of attorney.

For more detailed information, we recommend that you read the material “Entering an inheritance in another city.”