Death is the basis for opening the inheritance procedure, if we consider this event from a legal point of view. So, suppose you got an inheritance in the form of an apartment. So, the assessment of the apartment for the inheritance is a mandatory procedure. Upon entering into his rights, the owner must contact a notary and submit to him an act on the assessment of the property for which he claims. Not every organization is able to cope with work properly. And its value is made up of a number of components. That is why we offer a more detailed and thorough understanding of the procedure for evaluating real estate, apartments in particular, for registration of a certificate of ownership.
Why is it necessary
So, for starters, I want to understand why an appraisal of an apartment is generally needed for a notary. The inheritance in the form of an apartment is certainly attractive, but obtaining legal rights to real estate requires compliance with a certain legal procedure established by the current legislation of the Russian Federation. So, first of all, you have to resort to the services of professional appraisers. Many still believe that they are appropriate in the case of a sales contract and a bank loan with a pledge. But in fact, the apartment is also evaluated at the entry into the inheritance. And there are several main reasons:
- identification of shares of owners;
- entry into inheritance rights (in accordance with the current legislation of the Russian Federation without a valuation act, a notary simply cannot issue a corresponding certificate);
- calculation of the size of the state fee that the owner who has entered into the rights pays to the state treasury;
- resolution of disputes and conflicts between successors.
Procedure
Evaluation of the apartment for registration of the inheritance is based on the price of the property, in this case real estate, at the time the notary opens the hereditary procedure. Only relevant organizations endowed with such authority carry out the procedure. Qualified specialists of the organization undertake the business, the experience and skill of which must be confirmed by all necessary documents.
The results of the assessment are sent to the supervising notary along with a package of other documents necessary for issuing a certificate of ownership. Evaluation of an apartment for a notary public during the execution of an inheritance traditionally proceeds in several stages:
- selection of a competent organization that will deal with property valuation;
- sending a completed application with an attached package of documents;
- obtaining an opinion.
Who can initiate an assessment
The following groups of people can formally resort to the help of a professional appraiser:
- individual entrepreneurs;
- citizens who rent an apartment and those who own it;
- legal entities;
- representatives of the applicants, including minor owners.
Real estate appraisal is a rather complicated and time-consuming procedure, requiring a potential applicant to provide a certain set of documents:
- the applicant’s written appeal to a real estate appraisal organization is a kind of application written in free form or filled out electronically on the company's official website;
- technical documentation provided on property at BTI;
- identity document of the applicant;
- document-basis for the assessment (sales contract, extract from Rosreestr, confirming ownership);
- documentary evidence of the absence of burdens in the form of debts on utility bills;
- in the case of the interests of the applicant, it is necessary to prepare a notarized power of attorney.
Contract
The assessment of an apartment for a notary public during the execution of an inheritance is carried out on the basis of an agreement concluded between the applicant and the organization providing the qualified service. The contract can be drawn up in any form, the main thing is that it reflects the main aspects of the procedure. It should indicate the purpose for which the apartment is evaluated (for the inheritance in this case), as well as the basis for the procedure, the type of all work performed, as well as the date of their implementation. Lawyers urgently recommend that you do not postpone the assessment and conduct it as soon as possible, because it is necessary for a notary to complete the hereditary procedure and issue an appropriate certificate of ownership. As practice shows, in most cases the assessment of an apartment for the inheritance takes no more than three working days. If a real professional takes up the matter, he can handle it even faster. Currently, experts offer urgent services, however, for an additional fee.
So, the procedure for evaluating an apartment for inheritance is carried out in accordance with the regulations approved by the current legislation of the Russian Federation. The appraiser uses a whole range of tools in his work. Its task is to determine:
- general condition of the property;
- the degree of wear of the apartment and the whole house as a whole;
- key components of the property;
- the availability of redevelopments, both legal and carried out without appropriate approval.
We understand the concepts
Allocate the inventory and market value of the property. It remains to understand what the main differences are. Valuation of an apartment in the BTI for the inheritance determines the inventory value of the property. It is most often below market, albeit slightly, made by BTI employees and is necessary to determine the amount of tax payable to the state budget. Market value is determined by professional appraisers and reflects the real value of a particular property in the real estate market.
Valuation Act
The appraisal of the share of the apartment for inheritance or the appraisal of the whole apartment is completed with the drafting of the appraisal report. It is drawn up in full compliance with established standards and contains the following information:
- a detailed calculation of the real value of the appraised property, as well as a general study of the real estate market for a specific date;
- a detailed description of all the techniques and methods used in the assessment procedure;
- enumeration of the main characteristics that are endowed with the property.
It is important to know that the act is not just evidence of the work, but a full-fledged and very important document drawn up on several pages sewn together, has page numbers. Moreover, it is necessarily certified by the signatures of the appraiser and the applicant. To complete the picture, the act can be supplemented with applications with photographs of the property from various angles, as well as attach to it a copy of the constituent documents involved in the assessment procedure.
Evaluation cost
Appraisal of an apartment for inheritance is a procedure that is performed only by organizations that have permission to do so. But not all potential heirs can afford big expenses, which is why the question of the cost of valuation remains very relevant.
So, the cost of the procedure consists of a number of components. First of all, this is the city where the apartment is evaluated. It's no secret that legal services in a small provincial town are somewhat cheaper, and sometimes at times, than in a megalopolis.The area of the premises matters, that is, the amount of work ahead and the qualifications of the appraiser himself. On average, the cost of evaluating an apartment is 2,000 - 4,000 rubles.
Subtleties
There is one more crucial point. Valuation of real estate takes place upon the death of a person on a specific date, which is why the valuation certificate has a validity period of 6 months in the case of inheritance. There is an exception: if the act is necessary for the trial of the division of property, it is unlimited.
Many by all means avoid the procedure for evaluating real estate. But it should be understood that this is more a technical procedure than a real obstacle to inheritance. That is why you should not drag out with her. We remind you that you must enter into inheritance rights within 6 months from the date of death of a person. In turn, the notary will not be able to issue certificates without the act of assessment attached to the case. Only cooperate with certified appraisers who provide services on the basis of a contract, as only in this case you will receive excellent quality services and you will be able to arrange an apartment with your property as soon as possible.
To summarize
So, the assessment of an apartment for inheritance is a mandatory procedure, not a single potential heir can avoid it. Documents should be prepared and the competent company that will undertake the evaluation procedure should be found. And one more thing: you should not save on your comfort and quality of services, as otherwise you may have significant procedures in the process of obtaining a certificate of ownership. Well, of course, more carefully and demandingly approach the collection of all necessary documents and submit them on time.