Re-registration of the apartment after the death of the owner

Entry into property rights arising as a result of inheritance is regulated by the Civil Code of the Russian Federation. According to the code, the heir can be both an individual and commercial and charitable institutions. The testator has the right to dispose of the property belonging to him personally at his own discretion, by registering his will in a notary's office.

Since the fixation of the choice of the receiver is a unilateral legal action, unlike the deed of gift, the testator does not involve a potential heir to register the document. An apartment after the death of the owner is the subject of a hereditary mass, the transfer of ownership of real estate is carried out on the basis of the same algorithms that apply to all property of the deceased.

The beginning of the opening of the case is the date of death of the owner of the property. Within a six-month period, applicants for inheritance must write appropriate applications by contacting the district state notary's office at the place of the last registration of the deceased owner.

If the period established by law for contacting a lawyer is missed, then a court decision is necessary for the notary to accept the documents.

For a positive verdict of the judicial authority on the extension of the period of entry into the inheritance, it is necessary to provide arguments that the reasons for the delay in the date of the visit to the office are valid.

Succession of heirs

If the will was not executed, but the next of kin and relatives of the deceased enter into the inheritance. The successors are the persons of the first circle of kinship: the spouse, children and parents of the deceased owner of the property.

In the absence of first-priority heirs, successors of the next circle can enter into the right of ownership. They include brothers, sisters, grandparents of the testator. Each of the applicants of the next round (there are seven in total) can be considered as an assignee only in the event of the complete absence of heirs of the previous order.

Mandatory part of a disabled heir

But even the presence of a written will of the testator is not a guarantee that the apartment after the death of the owner will belong to the person specified in the will in full.

The legislation of the Russian Federation provides for the protection of the rights of those relatives of the first stage who are disabled - these are minor children, pensioners and the disabled. The mandatory share is usually at least 50% of the part of the property that would become the property of the heir in the absence of a notarial will. Sometimes the court may change the number of squares transferred to the possession of the plaintiff.

Documents for a notary

To open a hereditary case, you must prepare the following list of papers:

• a certificate confirming the property rights to the living space (if it is not available, a duplicate is requested by a notary letter);
• paper from the registry office about death;
• an extract from the passport office containing data on the composition of the family;
• paper, which confirms the relationship with the deceased.

The state duty is calculated by the notary acting here as a tax agent, based on the cadastral value of the premises. The interest rate depends on the degree of relationship of the heirs to the deceased.

In order for the apartment to become a full-fledged property possession of the heir after the death of the owner, a document issued by a notary office must register the ownership of the apartment with the authorized body (Rosreestr). This is easy to do by submitting all the documents to the center of public services "My Documents".