Registration of the inheritance in an apartment: possible difficulties

The design of the inheritance, apartment or house can be transferred in two ways:

1. With the help of a notary.

2. In a judicial procedure.

In itself, the design of the inheritance on an apartment is a simple process, if the 6-month legal period of entering into the inheritance was not missed, there is all the documentation, there is no dispute about the inheritance and different interpretations in the title documents.

From the death of the testator within six months, it is required to file an application with a notary to enter the inheritance, attaching all necessary documents for registration. Then, after the period of 6 months has elapsed, you need again at any time to apply to the notary, complete the registration of the inheritance in an apartment and acquire a certificate certifying the right to inherit.

Through the notary, you can formalize the inheritance not only personally, but also with the help of a representative by proxy (for example, a lawyer dealing with hereditary matters), which decently saves nerves and time.

If the deadline set by the law was missed, and it is impossible to restore it, and the notary refused to issue a certificate to the heir, and what to do? This situation is called the actual acceptance of inherited property, since the heir owns an inheritance (for example, he lives in the house of the deceased), is responsible for the debts of the testator or contains his property.

With the help of a lawyer, a claim is prepared and submitted to the district court at the location of the inheritance, with the necessary documentation attached, and the court begins.

The decision after the termination of the court (in case this is real estate) is registered by the NSO in the FRS. In this case, in fact, the court decision replaces the notarization of the inheritance in an apartment and becomes the title deed. Therefore, on the basis of a court decision, there is no need for a notary certificate of inheritance from the notary.

The above procedure is the registration of the inheritance of the apartment Both by testament and by law.

Required documents:

- Original and a copy of the testator's death certificate.

- Certificate from the last place of residence of the deceased: an extract in the management company from the house book, the HOA, the housing department in the original, or a certificate from the Federal Migration Service.

- Passport (required and only in the original).

- Testament with a note of a notary who certified him that it did not change and was not canceled (copy and original).

Persons with disabilities should be provided with a certificate on the availability of the testator and a certificate of VTEK on disability. Citizens of retirement age need to provide a pension certificate.

Registration of the inheritance on the apartment (necessary documents):

- Legal documentation (contract of sale, privatization, equity participation in construction, barter, gift, other, certificate of ownership, certificate of payment of the unit) - original and a copy.

- Extract from personal accounts on the absence of debts for communal payments for an apartment.

- Technical documentation of BTI (technical and cadastral passport in the original and copies).

- Certificate of the BTI about the inventory evaluation of the apartment at the time of death of the testator.

The process is quite lengthy, but if you understand everything, it's simple.