Refurbishment of the apartment. Ways to re-register an apartment as the property of another person The owner of the apartment, the husband, died while redoing the documents

The owner of the property can dispose of it at his own discretion, including transferring it to loved ones. But to ensure that ownership is not disputed, the transaction must be formalized correctly. How to transfer an apartment to a relative in 2019?

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The easiest way to transfer an apartment to a relative is to write a will in his favor. However, the disadvantage of this option is that the will may be challenged by other potential heirs.

All it takes is a slight failure to comply with the rules for drawing up a document, and the court will recognize the will as invalid or void.

In order for the owner to be sure that the housing will go to the person he has chosen, the transfer must be completed during his lifetime. How to correctly transfer an apartment to a relative in 2019 and which method is more profitable?

Basic information

In Russia, ownership of real estate is confirmed by a registration entry in the state register. That is, it is not enough to simply transfer your house or apartment to someone.

It is still necessary to properly re-register the change of ownership. Only after making the appropriate entry in Rosreestr does the new owner have the opportunity not only to own and use the property, but also to dispose of the property at his own discretion.

The owner can re-register his property to absolutely any person; family ties do not matter here.

Transferring an apartment to a relative is usually required in cases where the person is not too close a relative to inherit by law or there are other applicants besides him.

In addition, the owner of the apartment in such a situation is absolutely sure that the person he chose received the housing.

In addition, the seller pays sales tax, and the buyer can receive a tax refund on a portion of the costs.

An exchange assumes that people simply exchange housing. In this case, the transaction can be carried out as a simple exchange or exchange with an additional payment by one of the parties.

In a gift, the donee receives property without any payment or obligation. The apartment is transferred free of charge and unconditionally during the life of the donor.

The advantage of donation is that there is no taxation for close relatives. But all other recipients will have to pay.

Inheritance can occur by law or by will. In the first case, the closest relatives inherit in the order of priority determined by law.

In the second option, anyone can be the successor. The advantage of this method of transfer is that the apartment passes to the new owner only after the death of the donor, and the owner has the right to repeatedly change the circle of heirs.

In addition, there are other, not so popular ways to re-register an apartment in the name of a relative.

But where can I re-register an apartment in the name of a relative? Transaction agreements can be drawn up independently or with the participation of a notary.

But all types of alienation of housing or its share are subject to mandatory state registration in the manner prescribed by and.

The new owner's ownership rights arise from the moment of state registration. These are the general rules regarding the alienation of an apartment.

But, in addition, depending on the type and characteristics of the transaction, other provisions may apply. Issues of payment of duties and taxes are regulated.

What is the best way to re-register an apartment in the name of a relative?

When planning to re-register an apartment in the name of a relative, you need to take into account some nuances regarding the legal status of the potential owner of the property.

So, when re-registering housing for children, two options of alienation can be used - or inheritance.

To mention a child in a will, you do not need to ask the opinion of his legal representatives. The testator may, in principle, not inform anyone of his decision.

Ownership will pass to the child only upon the death of the donor. But in order to donate an apartment, a minor child will have to obtain the consent of his parents or those acting on behalf of the child.

When re-registering an apartment for an adult relative, it is necessary to take into account the degree of relationship. For example, close relatives will not have to pay tax on a gift transaction.

But in the absence of a close relationship, it is more profitable to register. Although the seller will have to pay sales tax, the buyer may receive .

When transferring an apartment to a spouse, you can register or leave your share under a will.

But no matter which method is chosen, it is important to formalize the transaction correctly so that it is not subsequently canceled or disputed.

It is necessary to collect a certain package of documents, including title documents and technical documentation of the BTI, and then correctly draw up the agreement corresponding to the transaction. How to transfer ownership of an apartment to a relative?

Donation agreement

A gift is a type of gratuitous transaction that involves the transfer of property to another person quickly and without claims of mutual benefit.

Moreover, the donor does not have the right to demand any payment or demand the fulfillment of any conditions.

If in exchange for a gift the donor receives material or intangible benefits, then the gift can be declared invalid through the court.

The parties to the transaction are the owner of the property (donor) and the recipient of the gift (donee). A special feature of concluding a transaction is the mandatory consent to accept the gift. If the donee is against the transaction, then the donation is impossible.

The transfer of a gift is formalized by drawing up a written gift agreement. It states:

details of the parties (full name, passport details);
subject of the transaction (object of donation);
characteristics of the object;
grounds of ownership;
purpose of the transaction (donation);
object;
additional conditions (date of transfer of ownership, etc.);
date and signatures of the parties.

The deed of gift is drawn up independently or with the participation of a notary. Next, the transaction is registered in Rosreestr. From the moment of registration, the donee becomes the owner of the apartment.

After completing the transaction, the buyer can apply for a property deduction.

Rent agreement

An annuity transaction can be a good alternative to both donation and purchase and sale. The benefit for the owner is that this type of transaction is reversible.

The owner can cancel, citing the party's failure to fulfill the agreed conditions.

The essence of the rent is that the recipient of the apartment undertakes to pay the owner periodic payments or provide certain services.

In return, after the death of the owner of the home, he receives the apartment as full ownership. In fact, the owner of the apartment becomes a dependent of the future owner for the rest of his life.

For outsiders, such a deal is quite unprofitable. You can pay rent for a long time, take care of the owner of the apartment, and then the deal will be canceled for failure to fulfill the conditions and you will not be able to return the money spent.

However, annuity may be acceptable in cases where the owner is already dependent on a potential successor.

For example, an elderly woman lives with her son, who takes care of her. Of course, you can simply give your son a home, but no one knows what will happen in the future.

In this case, it is advisable to draw up an annuity agreement, stating in it the son’s obligation to care for his mother.

An annuity transaction is also subject to state registration. The apartment will be under rent until the death of the renter.

Barter agreement

An exchange transaction is appropriate when the owner of an apartment wants to transfer it to a relative, but he has no other housing. For example, my father has a large three-room apartment in which he lives alone.

At the same time, his son lives in a one-room apartment with his family and children. You can simply change places of residence, but the lack of ownership complicates situations where the presence of the owner is required.

As a result, the father and son enter into an exchange agreement, exchange housing and register the transfer of ownership of the housing.

The exchange agreement is drawn up according to the same structure as the DCT. The difference is that the two objects of the transaction are indicated and to whom which object is transferred.

Also in the payment section it is indicated whether the exchange is equal (without additional payments) or whether one of the parties must pay an additional amount.

For your information! The exchange transaction can only be carried out by the direct owners. In this case, exchange is impossible if at least one of the objects is under encumbrance.

Methods of transfer after the death of the owner

After the death of the owner of the apartment, property can be obtained by law or by law. In the first case, the first-degree heirs are the spouse, children and parents. They inherit the apartment, as well as other property, in equal shares.

If the testator wishes to leave his home to another person or a relative of another order, he needs to draw up a will in his favor.

However, there are nuances here:

Such persons have the right to receive 50% of the share due to them upon inheritance by law, regardless of the contents of the will.

What is the best way to be with part of the real estate (share)

There are often situations when the owner owns only a share of the property. For example, an apartment is jointly owned by spouses or privatized for all family members.

The procedure for transferring a share depends on the type of transaction. But, first of all, the important fact is that the disposal of shares is possible only with its complete identification.

You must first allocate a share and register it as belonging to a specific person in Rosreestr. That is, you can only dispose of part of the apartment located in.

When a share is purchased or sold, the transaction can only be completed with the consent of the other owners. At the same time it works.

Video: drawing up an apartment donation agreement

First, the owner of the share is obliged to offer a deal to the co-owners, and only if they refuse can a part of the apartment be sold to another person.

In addition, all transactions with shares of apartments are subject to mandatory notarization.

The notary is obliged to verify the consent of the remaining owners to the sale - on the basis of their personal statement or by providing documents confirming compliance with the pre-emptive purchase procedure.

But when making a gift or bequest, there is no need to ask the other owners. The owner of the share can transfer his property to whomever he sees fit.

Is it possible to carry out the procedure without taxes?

When choosing the option of transferring an apartment to a relative, the financial side of the issue is important. How to carry out a transaction with minimal costs, what is cheaper?

The donor who received the apartment as a gift must pay tax. But if he is a close relative, then he is exempt from taxation.

The tax is paid by the seller because he makes a profit. But if the apartment was owned for more than 5 years in 2019, then the owner is exempt from paying tax.

Probate is also tax-free. In this case, kinship affects the amount of the state duty paid to the notary upon entering into inheritance rights.
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Right to inherit an apartment

The current inheritance law provides for two possible options for inheriting an apartment after the death of the mother.

in law;

by will.

It should be borne in mind that if there are debts behind the apartment, for example, to pay utility bills, then not only the real estate, but also the debts associated with it will go to the heirs.

Attention! If the mother left behind a will, then the right to inherit the apartment will go to those heirs indicated in it. This means that by drawing up a will, it is possible to deprive certain claimants of an inheritance that they could have received by law if there had been no testamentary disposition of the deceased.

Usually, drawing up a will is resorted to in order to avoid discord between heirs during the division of inherited property.

It should also be borne in mind that if the mother began the procedure for privatization of housing during her lifetime and did not have time to receive a privatization certificate, then the heirs will have to establish the rights to inherit such housing in court.

When accepting an inheritance, you should carefully read all the documents available for the property.

It can be:

various types of promissory notes;

other documents related to material obligations.

Sometimes they resort to drawing up a will for an apartment in order to punish a negligent legal heir by deliberately depriving him of a share in the successive property.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

By will

A will is a unilateral agreement to transfer inherited property to a specific heir in the future. The testator determines who will inherit the property under the will. He can change his decision an unlimited number of times. Each new will cancels the previous one.

The testator can bequeath his property to whomever he sees fit.

It can be:

individuals from among close or distant relatives, citizens who are not related to the owner of the property;

all kinds of legal entities, for example, commercial enterprises, organizations, institutions, public organizations, charitable foundations, special preschool and educational institutions, and so on;

local government body;

state.

Important! A will is not a document that cannot be revoked if interested heirs seek it. If there are legal grounds, a will can not only be canceled, but also declared illegal.

In law

If after the death of the owner there was no testamentary disposition, then the inheritance will be divided according to law. In such a situation, family relations with the testator play a big role. The closer the family connection, the greater the chances of receiving a share in the inheritance.

Civil legislation provided for seven lines of heirs. Each line includes one or another related line of applicants for inheritance.

the first line consists of the surviving spouse, children and parents of the deceased;

the second line is represented by siblings and step-brothers, as well as the surviving grandparents of the deceased;

uncles and aunts are allowed to the third line of inheritance;

the fourth consists of great-grandparents;

the fifth place includes successors of the fourth degree of kinship;

the sixth is assigned to cousins, great-grandchildren, nephews, uncles and aunts;

The seventh includes stepsons, stepdaughters, as well as the stepfather and stepmother of the testator.

The state represents a separate queue. If none of the listed relatives accepted the inheritance after the death of the testator, then the state accepts the inheritance.

Legal way to obtain real estate

The current inheritance law provides for two ways to claim the right to the testator's real estate.

legal path;

and factual.

The legal route is that all legal requirements must be met.

Please note! Namely:

submit an application for your right to inheritance, attaching documents confirming your relationship with the testator;

obtain a certificate of inheritance;

submit documents for inclusion of information in the Unified State Register of Real Estate about a change in the owner of the property;

receive an extract from the Unified State Register of Real Estate, which confirms that the heir has become the new owner of the property.

Actual path

The actual path is the performance by the heir of certain actions that show a desire to accept the inherited property. Such actions must be undeniable.

These include:

moving into the testator’s apartment or continuing to live in it after his death;

taking measures to ensure the safety of inherited property;

changing the locking device on the entrance doors;

paying utility bills at your own expense;

repayment of all possible debts of the testator with his own funds.

How to register an inheritance after the death of a mother

Remember! To officially enter into inheritance rights, it is necessary to complete a certain procedure, which is as follows:

within six months from the date of opening of the inheritance, submit a written application to the notary’s office, which is geographically located at the place of last residence of the testator;

Attach documents to the application that confirm family relations with the deceased;

after six months, receive a certificate of inheritance;

submit documents to Rosreestr to re-register the apartment from the mother to yourself;

receive an extract from the Unified State Register of Real Estate stating that the new owner of the apartment is the applicant.

It should be borne in mind that an inheritance case can be opened by a notary both at the place of last residence of the late mother and at the location of the apartment.

Watch the video. Entry into inheritance after death with or without a will:

Terms of inheritance

Current legislation establishes a six-month period for entering into an inheritance. The date of opening of the inheritance is the day when the owner of the real estate died.

If you miss the specified period, you can declare your rights only after a court decision.

That is, by contacting the notary at the place where the inheritance was opened with a statement about his rights as an heir after the end of the six-month period, the notary will issue a decision to refuse to open an inheritance case due to the end of the period allotted by law.

The notary should appeal this decision in court. In this case, the court must be presented with a justified reason why the six-month period was missed.

If it is convincing, the court will make a positive decision, on the basis of which the notary will open an inheritance case.

If the reason is found unjustified, the court will refuse to restore the missed deadline.

ATTENTION! Look at the completed sample claim to the court to restore the deadline for accepting an inheritance:

Registration procedure

After the death of the apartment owner, an inheritance case is opened upon the application of a potential successor. However, before making a decision, the notary is obliged to check in the register of inheritance cases whether it has already been opened by another notary.

Attention! If such a case is already in the register, the notary directs the applicant to a notary who is already handling the inheritance case.

If the heir is located in a locality that is located a considerable distance away, the notary accepts the application for the right to inheritance, certifies the applicant’s signature and sends the documents to the notary who is handling the case.

The law sets aside such a long period for accepting an inheritance so that all applicants have time to declare their rights. After the six-month period, the notary issues certificates of inheritance in the name of those applicants who submitted applications and provided evidence of kinship.

Within a six-month period, the notary who opened the inheritance case is obliged to find out the entire volume of the inherited property, as well as take measures to preserve it.

ATTENTION! Look at the completed sample application for opening an inheritance case:

a written application for acceptance of the inheritance and issuance of a certificate of right to inheritance;

identification document. It can only be a general passport. A foreign, diplomatic, or sailor's passport is not suitable;

death certificate of the decedent issued by the civil registry office;

an extract from the Unified State Register stating that the apartment is registered with the testator.

After registration of the inheritance, the successor is obliged to submit the following documents to the territorial division of Rosreestr:

application for re-registration of an apartment in your name;

certificate of right to inheritance in the form of an apartment;

receipt for payment of state duty.

ATTENTION! Look at the completed sample application for acceptance of inheritance and issuance of a certificate:

Registration cost

The cost of registering an inheritance consists of several components.

Important! So, you need to pay for notary services for:

opening an inheritance case;

carrying out legally significant actions to register an inheritance. For example, finding inherited property, inventorying it, taking measures for safety;

technical preparation of inheritance documents;

issuing documents for inheritance;

implementation of registration actions.

A state fee is paid separately, the amount of which is determined by tax legislation. Thus, persons of the first and second priority will pay 0.3 percent of the value of the inheritance. However, no more than one hundred thousand rubles.

For heirs of other lines, the state duty will be 0.6 percent, but not more than one million rubles. The expenses of the heir should also include the state duty, which will have to be paid for making changes to the Rosreestr data.

Today we need to understand how an apartment is re-registered to a particular citizen. In fact, understanding the process is not as simple as it seems. After all, the owner can change for various reasons. Depending on the situation, the algorithm of actions will change. This fact must be taken into account. But how to act in this or that case? What should you pay attention to first? How are apartments re-registered to new owners? All this will be discussed further below.
When owners change
Re-registration of an apartment is a process that almost every citizen becomes familiar with sooner or later. Bringing it to life is not so difficult if you know how to act. In what cases can the owner of a particular property change?
To date, the following scenarios have been identified:
Privatization. The process of re-registration of state property to a citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.
Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to a new citizen.
is often concluded with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of citizens’ actions will change. What to do in this or that case? How is an apartment re-registered to another owner?
Where to go
An important point is to determine which authority you will need to go to to formalize the transaction. It all depends on the situation. Citizens to re-register an apartment can contact:
in the MFC;
to the cadastral chamber;
to Rosreestr;
to the city administration;
to intermediary organizations (they charge additional fees for services);
to the notary.

Most often, when making purchases and sales, citizens turn to real estate offices. But after signing the relevant agreement, you will still have to go to the registration chamber or Rosreestr. As a last resort, go to the MFC. It is in these bodies that the citizen will be issued a certificate of ownership of real estate.
About privatization
To begin with, we should consider the situation in which the re-registration of an apartment occurs during privatization. Only citizens registered in a particular territory can participate in the process. You will need to submit a package of documents to the administration of the locality or to the MFC.
All re-registration of ownership of an apartment can be divided into several stages:
Showing initiative. Someone from the family proposes to privatize the property. Residents either give their consent to the process or refuse to participate in writing.
Contact the BTI. Engineers will inspect the apartment and mark the redevelopment and all non-residential objects located on the territory.
Collection of documents. The most difficult thing imaginable. You will need a lot of paperwork, so it is recommended to start the process of preparing for privatization with the preparation of documents.
Applying to the administration with an application for privatization. Attached to it is the previously collected package of papers.
Verification of documents by the administration.
Signing of the privatization agreement. The presence of all potential property owners is required.
Registration of an apartment in Rosreestr. This is where the process ends. Owners are given certificates for real estate and a new

Nothing else is needed. What documents are required to re-register an apartment in this case? Their list is not that long.
Documents for privatization
Among the papers required for privatization are:
identification documents of all potential owners;
children's birth certificates;
cadastral passport;
real estate;
an extract from the personal account of the apartment;
document providing the basis for the use of real estate (for example, a social tenancy agreement);
refusals/consents to privatization;
extracts from the BTI and house register;
divorce/marriage certificate (if available).

All papers are submitted with an application in the established form. It is advisable to attach their originals and copies.
Independent sale
The procedure for completing a real estate purchase and sale transaction can be divided into several stages:
Preparation of certain documents for the apartment. The process is carried out by the seller. At the same time, you can search for buyers.
Drawing up a purchase and sale agreement.
Signing an agreement with the buyer. The new owner pays for the transaction, after which you can go to the MFC and register the agreement.
Submitting a package of papers to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem when selling real estate is drawing up a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.
Documents for re-registration by sale
What documents are required for re-registration of an apartment due to purchase and sale? In general, the list is not much different from the package of papers requested during privatization. You need to prepare:
passport of the owner-seller;
buyer's identity card;
technical and cadastral passports for real estate;
certificates confirming the absence of debt on bills in the apartment;
extract from the Unified State Register;
documents indicating ownership of real estate;
Marriage certificate;
the spouse’s permission for the transaction (if we are talking about jointly acquired property);
a receipt for registering the transaction (1,400 rubles, if you contact the MFC);
an extract from the house register indicating everyone registered in the apartment;
consent of other property owners for sale (if the seller is not the only owner).

But the buyer will have to bring not only the listed papers to Rosreestr. Additionally, you will have to attach a contract of purchase and sale of housing, as well as a receipt for receipt of money by the former owner of the apartment.
Selling through a notary
How is the ownership of an apartment re-registered through a notary through a sale? In this case, the purchase and sale agreement is drawn up in a notary office. The parties must bring with them:
real estate documents;
cadastral passport;
an extract from the house register;
passports of the parties.

Additionally, state fees and notary services are paid. The employee draws up a competent contract, it is signed by the parties and registered on the spot. After receiving a receipt from the seller about receipt of money, you can go to the registration chamber with the documents listed earlier and receive it for the property.
Inheritance and re-registration
Re-registration of an apartment after the death of the owner, as a rule, occurs through inheritance. How does this process happen? Such a procedure takes a lot of time.
Registration of an apartment by inheritance is divided into several stages:
Consent to inheritance. The heirs must contact a notary within six months and write a consent or refusal to receive the property. If a citizen does not do this, then after 6 months from the date of opening of the inheritance/will, the person loses the right to re-register the property.
Collection of documents necessary for the inheritance procedure. More on them a little later.
Registration of the transaction with a notary.
Applying to Rosreestr to obtain a certificate of rights to an apartment.

There is nothing extremely difficult about this. The main thing is that the re-registration of an apartment after the death of the owner is carried out in accordance with established rules. All documents necessary for this must be collected by the closest relatives and heirs of the deceased.
Documents for inheritance
What documents may be required to re-register an apartment upon inheritance? Citizens bring to the notary:
a will (usually the notary already has it);
death certificate of a citizen;
written consent to enter into inheritance;
an extract from the Unified State Register (not always, but it’s better to bring it);
heir's passport;
documents of relationship with the deceased (if available);
papers indicating the deceased's ownership of real estate.

As a rule, you need to bring all the listed papers to the Rosreestr, but in addition to them attach:
application for amendments to the cadastral passport;
an extract from a notary, which will indicate the fact of transfer of property by inheritance.

After contacting the registration chamber, the citizen will be given a special receipt. It indicates the time of receipt of the certificate of ownership of the property.
One small nuance that is worth paying attention to is taxes. If the re-registration of an apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes.
Gift deed
Now it is clear how the re-registration of an apartment occurs after death. There is no other way. The only exceptions are annuity agreements and deeds of gift. As a rule, a gift agreement is most often encountered in practice. It allows you to transfer the ownership of the entire apartment or part of it to another person during the lifetime of the owner of the property.
If the deed of gift is drawn up for close relatives, you do not need to pay tax. Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities.
As a rule, the procedure for registering a deed of gift is as follows:
The owner turns to the notary with documents for real estate and a deed of gift.
The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
The owner of the apartment and the donee sign an agreement.
The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

It is interesting that the deed of gift can be revoked within 12 months if certain circumstances exist. Usually the procedure is possible if:
the donee killed the former owner (then the heirs deal with the annulment of the deed of gift);
the recipient of the property has committed a crime directed against the donor or his relatives;
there is a threat of damage and loss of the apartment, which is of intangible value to the former owner;
the property is of public value and the recipient may destroy or damage it.

In practice, such situations rarely occur. Therefore, a deed of gift is the most reliable re-registration. No one obliges the apartment owner to donate the entire property. He has the right to donate only a share. This nuance must be specified in the gift deed.
Documents for registration of deed of gift
What documents for re-registration of an apartment will be useful in the case of drawing up a deed of gift? In this situation, the notary is brought:
donor's passport;
gift agreement;
real estate cadastral passport;
certificate of ownership of the apartment;
ID of the donee;
an extract from the personal account for the apartment;
documents indicating the relationship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the agreement, citizens are given a notarized notification of registration of the transaction. You can go with it to get a new certificate of ownership.
Re-registration of a personal account for an apartment is carried out after all the described procedures. The owner needs to contact the management company that maintains the building in which the apartment is located. You must bring with you:
passport;
gift/sale/rent agreement or other basis for the transfer of real estate to a new owner;
cadastral passport (preferably).

The new owner writes a statement in the established form, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations serving the apartment. Otherwise, payments for housing and communal services will be received in someone else’s name. Now it’s clear what documents are needed to re-register an apartment.

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 an individual, as well as commercial and charitable institutions. The testator has the right to dispose of his personal property at his own discretion by registering his will in a notary's office.

Since fixing the choice of a recipient is a unilateral legal action, unlike a deed of gift, the testator does not involve a potential heir to register the document. After the death of the owner, the apartment is the subject of an inheritance estate; the transfer of rights to own real estate is carried out on the basis of the same algorithms that are applied to all the property of the deceased.

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

If the deadline established by law for contacting a lawyer has been missed, then a court decision is required for the notary to accept the documents.

For a positive verdict from the judicial authority on extending the period for entering into inheritance, it is necessary to provide arguments that the reasons for which the date of the visit to the office is overdue are valid.

Order of heirs

If a will has not been drawn up, the next of kin and relatives of the deceased enter into the inheritance. The legal successors are persons of the first circle of kinship: the spouse, children and parents of the deceased owner of the property.

In the absence of primary heirs, the successors of the next circle may take ownership. These include the testator's brothers, sisters, and grandparents. Each of the applicants of the next round (there are seven in total) can be considered as a legal successor only in the case of a complete absence of heirs of the previous order.

Mandatory part of a disabled heir

But even the written will of the testator does not 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 first-degree relatives who are disabled - these are minor children, pensioners and disabled people. The obligatory 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 into the possession of the plaintiff.

Documents for a notary

To open an inheritance case, you need to prepare the following list of papers:

a certificate confirming property rights to the living space (if it is missing, a duplicate is requested by a notary letter);

paper from the registry office about death;

an extract from the passport office containing data on family composition;

paper confirming 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 with the deceased.

In order for the apartment to become the full-fledged property of the heir after the death of the owner, a document issued by a notary office must be registered with the authorized body (Rosreestr). This can be easily done by submitting all documents to the “My Documents” government services center.

When changing the owner of the property, it will be necessary to re-register ownership of the apartment, the meaning of which is to create a certain package of documentation illustrating the essence of the transaction.
How to re-register ownership of an apartment?
There are several options by which you can re-register the certificate of ownership of an apartment to another person.
Sale (purchase) of an apartment. According to the law, this transaction must be accompanied by the signing of an appropriate agreement and payment of state duty. In addition, those who sell residential premises will have to pay a tax deduction on the income received, and those who buy, on the contrary, claim tax benefits.
Exchange. This method is used less frequently and most often by people who want to change their living conditions.
Giving. This method makes it possible to avoid paying taxes and collecting a large package of documentation.
Receiving an inheritance. This method is used between relatives, but inheritance of property by a stranger is also possible. Often this option involves the execution of a will, which stipulates the persons and the property that he will inherit.
Division of jointly acquired real estate. Used when re-registering an apartment or part of it upon divorce.

Documents for re-registration of ownership of an apartment
To re-register an apartment (or part of it), you will need the following documents.
Documentation for residential premises (privatization certificate, gift agreement, purchase and sale agreement, will and others);
Cadastral passport, documents from the BTI;
Personal documents of re-registration participants;
Notarized permission of all apartment owners.

The package of documents standard for these procedures required for registering the transfer of ownership will increase if you re-register housing for a minor child, you must additionally provide:
certificate of absence of debt for utilities;
certificate of family composition;
paper from the housing office, which confirms the legality of various redevelopments in the premises (if they were carried out);
consent of the guardian or one of the parents.

When a sale or purchase transaction occurs, it is necessary to draw up an agreement in writing and submit an application to Rosreestr to register the ownership rights of the buyer or the recipient. After which the recipient or buyer becomes the full owner of the apartment.
The procedure for re-registration of an apartment to another owner
Let's consider the nuances of re-issuing a certificate of ownership of an apartment:
Buying real estate is considered one of the most reliable options.
Often it is simply unrealistic to challenge the transaction procedure, which is based on mutual settlements. In this case, the buyer's rights are protected as much as possible. At the same time, the seller is deprived of the opportunity to refuse the purchase and sale transaction.
If the basis for re-registration of ownership of an apartment is a gift, then you need to understand that if the donor’s plans change, he has the right to insist on the return of the housing through the court.
As for the recipient, he can dispose of it individually, since the re-registered piece of real estate is not considered as joint property and is not included in the property that is subject to division.
Rent makes it possible to transfer a property to another individual, and the conclusion of an agreement is not tied to family ties. The settlement of the transaction is made by paying equal payments for a specific period of time, determined by the clauses of the annuity agreement.
Purchasers of residential premises under this agreement are faced with constant “claims” from the owner of the apartment, which may ultimately lead to the cancellation of the original agreement. The help of a notary makes it possible to ensure the interests of the parties to the transaction as much as possible.
Transferring a property by will or inheritance requires the presence of a list of documents of a standard type, as well as a certificate of death, receipt of inheritance and papers that demonstrate the presence of family ties.

The rights to the apartment remaining after the death of the owner may appear to one or more heirs, who can take advantage of the order of inheritance by will or law.
First of all, you need to contact a notary office in order to determine the inheritance mass. Next, at the request of the notary, you need to bring technical documentation. The procedure for transferring ownership rights when inheriting an apartment lasts 6 months. If issues arise with the allocation of shares, they are resolved through participation in court proceedings.
Important! Re-issuing a certificate of ownership of an apartment without a notary is a constructive option when purchasing property in a new building. In other cases, the participation of a notary is required, who will be responsible for a full-fledged property transaction.
Re-registration of real estate after the death of a person
After the death of the owner of the living space, you need to contact the notary’s office with an application, as well as the following documents for state registration of the transfer of ownership:
a document confirming ownership (in case of inheritance based on a will);
death certificate of the person who is the actual owner of the property;
a set of technical documentation produced by the technical inventory authorities.

Important! The procedure for transferring an apartment to the heirs lasts 6 months, after which the owners receive all the documentation for the housing.
The choice of method for re-registering property to another person depends entirely on the specific case. Which one is preferable must be decided taking into account all the nuances, including those that appear after a certain period of time.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.