Inheritance of real estate is a rather complicated process. If you compare it with the transfer of other property, then the level of complexity can not be compared. In addition, inheritance has its own characteristics that distinguish it from transactions.
What is inheritance?
Inheritance refers to the process of transferring the property and rights of a deceased person to his successors. First of all, we are talking about tangible property owned by property rights. Other rights are an integral part of the inheritance, in particular inheritance for life and lease. So it’s worth understanding the concept of “real estate”.
What relates to real estate
A rough definition of real estate is given in Art. 130 GK. The law refers to it:
- land plots, subsoil;
- other objects related to land (houses, garages, both finished and unfinished).
The inheritance of real estate includes the transfer of rights to sea, river, water, space vessels. They are subject to registration and rights to them.
Legislative regulation
Legislative acts in this area include a serious list of normative acts:
- Civil Code.
- The law on the registration of real estate and rights to it and its supplementing government acts and provisions, regulations.
- Normative acts regulating the activities of transport organizations (charters, codes, government acts, regulations, instructions, etc.).
- Recommendations on registration of inheritance rights, adopted by the Federal Taxpayer Union (Federal Notary Chamber).
The last act concerns notaries how they should act and what documents to collect.
The listed acts expand the list of objects proposed by the Civil Code and make the concept of real estate more clear. In particular, this applies to the land on which apartment buildings are located.
Some limitations
They are imposed first of all by the Civil Code, then by other normative acts having a narrow focus of action. However, in general, the order of inheritance is of a uniform nature, the difference is more likely in technical matters.
There are restrictions related to citizenship: foreigners are not entitled to own agricultural land on the basis of ownership.
A citizen who has received a share in a private household, who does not want to become a member, is entitled to receive compensation at the market price. Redemption is also made upon inheritance of a share or a whole plot allocated for agricultural needs.
Restrictions on ownership of ships are not provided by law. The owner does not have the right to manage them without the appropriate qualifications. It also happens with the ownership of a car, which a person does not have the right to drive.
The law does not limit the inheritance of immovable property, but affects the further disposal and use of property received.
Issues are resolved either by monetary compensation or by removing obstacles in order to fully use the property (joining the private household plots or obtaining an agronomic education).
How to claim your rights
Inheritance of real estate, like other property, is ensured by its adoption. It is actually produced - a person takes care of him, pays taxes, services, repairs, uses it or lives in it, etc.
Another way is to contact the notary with a statement of acceptance.If for some reason it is not possible to personally visit the notary’s office, an application is sent by mail or a representative is sent. It acts only on the basis of a notarized power of attorney, which necessarily transfers the right to accept the inheritance and other necessary powers.
The expression of the will transmitted by mail must be certified by a notary public. If there are no notary offices in the area, their functions are performed by the municipal administration.
The application only confirms the desire to accept the inheritance, however, in order to formalize it, it is necessary to submit documents confirming that the property exists and the testator had rights to them.
Finding real estate is somewhat simpler: requests are submitted to the authorities maintaining real estate registers (Rosreestr, register of ships built or under construction).
Actually, a notary needs several documents for each property. If we talk about lands, houses or apartments, then they are served:
- death certificate or court order confirming death;
- cadastral passport;
- documents confirming a family relationship or the fact of dependency;
- valuation of an inherited item;
- certificate of ownership or extract from the registry.
The passport contains a description of the technical parameters (area, height, materials used in the construction, etc.).
Paperwork by a notary
Heirs are given 6 months to declare their rights. During this time, documents are collected for registration of the inheritance, something is brought by the heirs, something is given out by organizations, enterprises and authorities upon request.
The final document drawn up by a notary is a certificate of inheritance. It is issued earlier than 6 months after the death of the property owner. And by the way, getting it is a right, not a duty of a successor.
The document shall indicate:
- passport data of the heirs;
- information about the property that the notary recognized as part of the inheritance;
- shares of each of the heirs.
It should be noted that the heirs have the right to sign an agreement among themselves in which the redistribution of property. For example, everyone receives a property, not half of one property and another. The transaction is carried out by a notary after the issuance of a certificate of inheritance.
On the basis of the agreement and the certificate, the authorities of the Rosreestr register the rights of the new owners.
The procedure for the inheritance of real estate does not provide for the registration of the ownership of a new owner as an obligation. At the same time, the lack of registration makes it impossible to conduct transactions, to draw up documents related, one way or another, with real estate, such as subsidies.
Why value real estate upon inheritance
The valuation of real estate primarily determines the size of the state duty for inheritance. This does not include the services of a notary public and other organizations and authorities.
How to pay the fee is determined by the Tax Code. The heirs of the first and second phases pay the fee at a rate of 0.3% of the cost, the rest at a rate of 0.6%. Current law enforcement practice tends to make calculations based on market valuation.
The determination of the value of real estate matters not so much for registration of the inheritance as for the calculation of property tax, which the owner pays every year.
Legacy Inheritance
The state gives the right to decide the fate of the inheritance by writing a will, or do nothing, and it will be distributed according to the law. It is permitted to dispose of a will only part of the property. If it is not indicated in the document, the distribution will be made in accordance with the provisions of the law. At the same time, in some cases, the norms of the law are valid, despite the will.
The rules of inheritance under the law affect several points:
- distribution of successors in line;
- preemptive rights of dependents;
- rights to a mandatory share;
- succession by right of representation.
In addition, adopted rights of adopted children are adopted.
A court decision on adoption breaks the family relationship with former relatives and establishes a family relationship with the adoptive parents. Keeping this connection with one of the parents gives the child the right to become the heir or testator in relation to such a parent.
Current legislation almost always guarantees the inheritance of real estate, which the state is interested in as a tax recipient.
Inheritance Queues
The basic rule is the distribution of property in turns. Civil Code of the Russian Federation assumes the presence of 8 lines. They are based on the degree of relationship. The property is divided equally between representatives of the same line. The next queue is allowed, provided that the representatives of the previous queue:
- completely abandoned the inheritance or did not accept it;
- the court found them unworthy of becoming successors.
Next, the right to inherit by law representatives of the next priority is given.
Dependent Recognition
A disabled citizen, by virtue of age or disability, on the day of death of the owner of the property receives the right to inherit, regardless of the degree of relationship. Disability due to age occurs at 55 for women and at 60 for men:
- he was held in custody for 12 months before his death;
- the fact of cohabitation does not matter.
Inheritance is allowed if such a dependent, without entering any of the heirs' queues:
- for 12 months before his death was on his detention;
- lived with him until his death for 12 months.
If such a citizen remains the only potential heir, he becomes the assignee as a representative of the eighth priority.
The provisions on the dependent also apply to the right to inherit real estate.
Required share
The rules on it apply to a limited list of persons:
- Dependents
- spouse who is incapable of work due to age or disability.
They owe at least half of the part that they would have received if inheritance was carried out by law.
First, distribution is made from property that is not bequeathed. If the observance of the right to an obligatory share is not ensured, the distribution is made at the expense of the bequest.
Features of the inheritance of real estate oblige to take into account the cost of testamentary denial. It refers to the right to reside in existing housing or the obligation of one or all heirs to buy the owner of the refusal of housing for living.
If, as a result of such a division, the heir to whom the house or other housing bequeathed not previously used by the holder of the mandatory share is deprived of housing, he is entitled to file a claim with the holder of the mandatory share. A judge has the right to reduce the mandatory share or refuse to award it if the plaintiff uses the disputed house or housing as a permanent place of residence.
Submission right
The right of representation means the replacement of the heir who has died before the testator or at the same time as his descendant. Law in Art. 1146 CC indicates the substitution order.
An exception is established for the descendants of a successor who is deemed unworthy; they are deprived of the right to inherit after him.
Lawyer assistance
The need for the services of a lawyer by inheritance arises in several cases:
- unscrupulous performance by a notary of his duties;
- counseling in disputes with other heirs;
- drafting legal documents (complaints, petitions, lawsuits);
- representation in court.
In one case, one paper is enough, in another it is necessary to first collect a package of documents, then draw up a lawsuit and conduct a lengthy process in court in all instances.This option requires serious knowledge and experience, and a successor lawyer can provide serious assistance.