How to get the right to inherit? According to the Civil Code of the Russian Federation, only close relatives from under the law or persons indicated by the testator himself as recipients of c. To secure your rights to property, you must issue a certificate of inheritance.

Certificate of inheritance after the death of a relative

Entry into the inheritance, for example, after death, or possibly in two ways. The first one is inheritance. To establish this legal fact, the relatives of the deceased must take action in favor of the abandoned property. For example, they can establish: living in an apartment, paying the debts of the deceased, ensuring the safety of property.

In case of actual inheritance, it is not required to contact the notary office after the death of the testator. At any time later, you can get a certificate of inheritance from a notary. Without a certificate issued by a lawyer, it is impossible to register the property in the ownership of the receiver in the registration authorities.

Re-registration of inheritance is carried out by specialized bodies. You can issue it at the Rosreestr or the MFC, - at the traffic police department, - at the bank.

The second way to accept an inheritance is to contact a notary immediately after the death of the testator. Within a certain period, applicants for property must write an application and provide a package of necessary documents. will be issued to each recipient after consideration of the inheritance case and verification of the documents provided.

Where and when is the certificate issued?

Where to get an inheritance? Most often, the opening of an inheritance case is carried out in a notary's office, which territorially refers to the place of the last registration of the testator. In some cases, you can contact a lawyer at the location of the inheritance property.

How to get a certificate of inheritance? To do this, applicants must provide the notary with a package of documents. The basic paperwork includes:

• Death certificate of testator (testator).
• An extract about his place of residence from the house book.
• from the receivers on the acceptance of the property.
• Documents for property owned by the deceased.

When is a Certificate of Inheritance issued? After receiving by a lawyer, they are checked for authenticity. Within six months after the death of the testator, the inheritance case is considered. If there are no inheritance disputes, then at the end of this period, the notary draws up a certificate of inheritance (certificate).

You can get a document on inheritance only at certain times. Within six months from the date of death of the giver, relatives must make the actual entry or apply to a notary.

The law allows early closure of the inheritance case, but in practice this is rarely used in order to avoid conflicts and disputes between applicants.

Certificate of entitlement is a public document confirming the right to the hereditary property specified in it. In accordance with paragraph 1 of Art. 1162 of the Civil Code of the Russian Federation certificate of the right to inheritance issued at the request of the heir in place or official authorized by law to do so.

If the request of the heir to issue a certificate of the right to inheritance was set out in the application, then an additional application for the issuance of a certificate of the right to inheritance is not required.

An application for the issuance of a certificate of the right to inheritance shall be made in writing. When submitting an application for issuing a certificate of the right to inheritance by the heir directly to the notary, the notary establishes the identity of the heir and verifies the authenticity of his signature on the application. A note is made on the application about the name of the identity document presented by the heir, and the details of this document.

An application for the issuance of a certificate of the right to inheritance by the heir may be submitted both during the period of the established period for accepting the inheritance, and at any time after the expiration of the specified period.

An application for issuing a certificate of the right to inheritance can be sent by mail or handed over to a notary by another person, as well as by a representative of the heir acting by proxy or by operation of law in the manner provided for in paragraph 1 of Art. 1153 of the Civil Code of the Russian Federation.

A certificate of the right to inheritance may be issued only to heirs who have accepted the inheritance in accordance with the procedure established by law.

Obtaining a certificate of the right to inheritance is a right, not an obligation, of the heir, therefore, who has accepted the inheritance, can apply for such a certificate at any time after the expiration of the period established by law for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation and Article 6 federal law"On the Enactment of Part Three of the Civil Code Russian Federation"). A certificate of the right to inheritance cannot be issued to other heirs without taking into account the share of the heir who has not yet received a certificate of the right to inheritance. At the same time, each of the heirs who accepted the inheritance, who submitted all the documents necessary for issuing a certificate of the right to inheritance, has the right to demand the issuance of a certificate of the right to inheritance to the share due to him, without waiting for other heirs to wish to receive a certificate. In cases where there is reliable evidence that, apart from the persons who applied for the issuance of a certificate of the right to inheritance, there are no other heirs who have the right to the inheritance or to its corresponding part, there are no other heirs, the certificate of the right to inheritance may be issued before the expiration of the period established by law for accepting an inheritance (clause 2, article 1163 of the Civil Code of the Russian Federation).

The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but not yet born heir.

A certificate of the right to inheritance is issued if all the necessary documents and information are available in the inheritance file. To issue a certificate of the right to inheritance, it is necessary to submit to the notary documents and information that indisputably confirm the fact of the death of the testator; time and ; grounds for calling to inherit (when inheriting by law, it is necessary to submit documents and information confirming family, marriage, other relations with the testator, for example, being dependent on the testator; when inheriting by will or inheritance contract, a copy of the will or inheritance contract is submitted); the fact of acceptance by the heir of the inheritance within the prescribed period and in the manner prescribed by law; composition of the inherited property.

If one or more legal heirs are unable to provide evidence of a relationship with the testator, which is the basis for calling them to inherit by law, they may be included in the certificate of the right to inheritance with the consent of all other heirs who accepted the inheritance and submitted such evidence (Article 72 Fundamentals of the legislation of the Russian Federation on notaries, hereinafter - Fundamentals).

For inherited property, including property rights, documents must be submitted confirming that the testator owns the property on the basis of the right of ownership, as well as property rights on the day the inheritance is opened; the value of the estate; the presence or absence of an encumbrance of hereditary property, the rights to which are subject to special accounting or state registration; the location of the inherited property, indicating the specific address; other documents required for the issuance of a certificate of inheritance.

If the heir is not able to submit the documents necessary for the issuance of a certificate of inheritance, he can resolve this issue in court.

At the request of the heirs, a certificate of the right to inheritance can be issued to all heirs together or to each heir separately for all hereditary property as a whole or for its individual parts (Article 1162 of the Civil Code of the Russian Federation), including at different times. At the same time, certificates of the right to inheritance by law and by will can only be issued separately.

In the event that, after the issuance of a certificate of the right to inheritance, inheritance property for which such a certificate has not been issued, an additional certificate of the right to inheritance is issued. Such a certificate is issued in the same manner that is established for the issuance of a primary certificate of the right to inheritance, the period for its receipt by the heir is not limited.

The personal appearance of the heir to receive a certificate of the right to inheritance is not required.

A certificate of the right to inheritance can be issued by a notary to the legal representative of the heir upon presentation of the relevant documents on the powers of the legal representative or to the representative of the heir by proxy, which must reflect the authority to receive such a certificate.

According to Art. 71 Fundamentals, if the heir is recognized by the court as legally incompetent, reports on the issuance of a certificate of the right to inheritance in his name to the guardianship and guardianship authorities at the place of residence of the heir, in order to protect his property interests.

If the heir who accepted the inheritance presents all Required documents for the issuance of a certificate of the right to inheritance and payment of the notary fee in the established amount, then at his request, set out in writing, a certificate of the right to inheritance can be sent to him by a notary by mail. If the heir sends an application to a notary with the specified request by mail, the signature of the heir on the application must be certified in accordance with paragraph 1 of Art. 1153 of the Civil Code of the Russian Federation.

When property is transferred by right of inheritance to the state, a certificate of the right to inheritance is issued to the appropriate state body (Article 71 of the Fundamentals).

Certificate of ownership of the apartment issued to the owner, who confirmed his rights in the prescribed manner. In the future, this document is presented when performing all legally significant actions with the apartment, along with title documents.

Where do I need to apply to obtain a certificate of ownership of an apartment

clearance certificates of ownership of the apartment are engaged in Rosreestre. The official name of this institution is federal Service state registration, cadastre and cartography.

To obtain this public service, you can contact:

• Rosreestr office;
• Multifunctional Center.

On the website of Rosreestr you can find the address of the office that serves the desired territory. There is also an electronic service through which you can make an appointment. This service is provided free of charge.

If it is not possible to visit the office, you can use the service of field service. For veterans and invalids of the Second World War, as well as invalids of the 1st-2nd group, it is free. Field service includes the acceptance and issuance of documents as part of the registration of property rights.

Don't know your rights?

Documents can also be sent by mail or via the Internet.

What documents are needed and where to get a sample application

Here is a list of documents that the new owner of the apartment must submit to Rosreestr if he bought it or received it as a gift:

• an application (its sample can be found on the Rosreestr website, there is also an example of filling it out);
• the passport;
• a power of attorney, if the documents are submitted by a representative, as well as a power of attorney to conclude a transaction for the alienation of an apartment, if the contract was signed by a representative;
• certificate of ownership of the old owner;
• an agreement on the basis of which the owner of the apartment was changed;
• extract from the house book.

In addition, other documents may be required, such as permission to alienate a spouse or guardianship authorities.

How to get a certificate of ownership of an apartment to the owner or his representative

The procedure, during which information about the transaction and the new owner is entered into the register, lasts 10 days. The countdown starts from the moment the documents are submitted, provided that the state duty for the service has been paid. At the end of this period, you need to apply personally (by presenting a passport) or through a representative (a power of attorney and a passport are needed) to the authority to which the documents were submitted and receive a certificate.

Documents may be mailed to the applicant if requested by the applicant when submitting the application. Documents can also be delivered to the applicant at his location as part of the field service.

Obtaining a certificate is possible provided that the applicant complies with all requirements of the law. He must correctly fill out the application form and collect all the necessary documents. At the same time, you need to be careful: the list of documents is modified depending on the reason for changing the owner of the property.

The certificate of the right to inheritance is a document that confirms the rights of the persons who have entered into the inheritance. It is issued personally to a person who is recognized as the legal heir of the deceased. In some cases, it is possible for a representative of an heir to receive a power of attorney issued in accordance with the legislation of the Russian Federation.

Acquisition cost

The cost of a certificate of inheritance varies, depending on the estimated value of the property that is inherited and the order of succession.

What is evidence

Each subject, which is the heir, is available to obtain a certificate of the right to inheritance. It confirms the existence of inheritance rights. But obtaining this document is not an obligation. The heir can own and use property without a certificate, but he may have some difficulties. We are talking about the need to provide documents for registration and registration:

• real estate;
• valuable papers;
• Vehicle;
• bank deposits;
• objects of cultural value.

If there are no disputes between the heirs about the rights to low-value movable property, you can do without obtaining a certificate. However, practice shows that issuing a certificate of inheritance is advisable, as it allows you to get rid of unnecessary difficulties and problems in the future.

The Certificate of Inheritance contains the following information:

• Full name of the testator;
• Full name of the heir;
• place of residence of the heir;
• date of issue of the document;
• list of property that is inherited;
• assessment of property, its quantitative and qualitative characteristics;
• the share of each of the heirs;
• relationship with the testator;
• data of the notary who issued the document.

To calculate the cost of a certificate of inheritance, you need to evaluate the inherited property. To do this, you can conduct an assessment through an expert, request a certificate of cadastral value on real estate objects. Until the heir pays the state duty, it is impossible to obtain a certificate of inheritance.

• for disabled people I and II, the cost of a certificate of the right to inheritance will be reduced by 50% (the exemption applies only to the state duty, but not to the amount of the FSC);
• persons who lived with the testator at the time of his death and continue to live in the same house or premises are exempted from paying state duty when issuing a certificate for a residential building and a land plot under it;
• persons who inherit the property of citizens who died in connection with the performance of state or public powers will not pay the state duty;
• children who have not reached the age of 18 on the date of opening the inheritance, as well as citizens over whom guardianship has been established due to mental disorders are completely exempted from the state duty;
• heirs of deceased employees are exempt from the state duty for issuing a certificate when inheriting insurance amounts (if the deceased was insured by the employer and died as a result of an accident at work).

A notary is not entitled to independently reduce the cost of a certificate of inheritance, since all rates are fixed tax code RF.

To obtain a certificate, you must pay the state fee and apply to a notary with the appropriate application.

It is allowed to obtain a certificate of the right to inheritance in the following ways:

• to all heirs together;
• each heir separately (in this case, applications may be submitted at different times to obtain a certificate of inheritance);
• on all hereditary property;
• to separate parts of the estate.

The heirs themselves will determine the option of obtaining a certificate of the right to inheritance.

Features of obtaining a certificate of inheritance

There are situations when minors or incapacitated persons enter into inheritance rights. In this case, the certificate of the right to inheritance is received by their legal representative or guardian.

To issue a certificate, a notary must provide an opinion of an independent expert who assessed the property, or another document confirming its value. This is necessary to calculate the amount of state duty that must be paid by the heir. Also, the assessment data is indicated in the certificate itself.

Issuance period

The procedure, terms and conditions for obtaining a certificate of the right to inheritance are regulated by the Civil Code of the Russian Federation. Its rules state that it is possible to obtain a certificate at any time after the expiration of a six-month period, which is allotted for the heirs to enter into their rights, provided that there are no obstacles to its issuance. You need to apply for a certificate of inheritance right to the notary who conducted the inheritance case.

At the same time, the law allows obtaining a certificate of the right to inheritance earlier than the above period:

• in the absence of other persons who have declared themselves heirs;
• if there is judgment on the early entry of the heir into his rights;
• provided there is no litigation.

The law also provides for situations in which the issuance of a certificate may be suspended:

• there is a relevant court decision;
• during the time provided for entry into the rights of an heir who has not yet been born;
• there is a litigation between the heirs and other interested parties.

During the period of litigation between applicants for property, obtaining a certificate of the right to inheritance may be delayed. This is quite natural, since as a result of contesting a will, deeming unworthy by heirs, or other categories of disputes, the conditions of inheritance can change significantly.

Issuance procedure

The legislation of the Russian Federation says that the heir can receive this document at will. To obtain a certificate of inheritance, you need to apply to a notary office with an application. After receiving such an application, the notary performs certain actions:

• verifies the death of the testator;
• establishes who is the heir;
• determines the composition of the property;
• establishes the location of the property;
• checks the place and date of opening of the hereditary property;
• checks other facts.

To perform the above actions, the notary may request the necessary documents, submit appropriate requests to various institutions. After the notary receives the information he needs and evidence of its accuracy, and after 6 months, the notary issues a certificate of inheritance. As mentioned above, the heir must pay the cost of a certificate of inheritance or submit documents confirming the state duty exemption.

How to get a

To obtain a certificate of inheritance, you can contact the notary office of T. V. Yuldasheva on any day except Saturday and Sunday. To save time, it is recommended to make an appointment in advance by calling us at the contact number.

To obtain a certificate of inheritance, you must submit an application and the following documents:

• confirming the death of the testator and containing information about the date and time of death;
• a will or documents that certify family ties with the deceased;
• confirming the ownership of the deceased on the property;
• indicating the value of the property;
• identification of heirs.

After checking the submitted documents, you will receive a certificate and will be able to use it to receive the property due or re-register rights.