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Inheritance of real estate in Russia

08.01.2022
Вартанян Манук Овсепович
Author:
VARTANYAN MANUK
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Inheritance of real estate and its proper registration is a long-term procedure that requires patience and compliance with the legally established procedure. Inheritance of real estate, along with other types of property, today is a particularly hot topic, so in order for this procedure does not seem so difficult, it is necessary to observe a number of clearly regulated hereditary legislation actions.

How to make an inheritance of real estate in Russia?

So let's break down what to do in order to heir to the inheritance of real estate, how to make a property inheritance.

To begin with, it should be said that ownership of real estate does not automatically pass to the heirs. In order to enter into an inheritance, it must be accepted. In this case, accepting an inheritance, the heir takes all the property, as well as all the liabilities of the testator, not only certain (it is impossible to inherit only the house without, for example, accepting other property and debts). Often the inherited estate includes significant debts in excess of the amount of assets, so whether or not to accept the inheritance is an important issue on which the heir must make a decision before accepting the inheritance. On the Internet, you can meet a division of methods of acceptance of inheritance into extrajudicial and judicial. However, this division is not entirely correct. There are really two ways to accept the inheritance.

  • The first way to accept inheritance is to apply to a notary with an application for acceptance of inheritance. That is, in this case, the heir expresses in writing his desire to accept the inheritance.
  • The second way of acceptance of inheritance is the actual acceptance of inheritance. The legislator points out that the heir is deemed to have accepted the inheritance also if he has performed actions that testify of the actual acceptance of the inheritance, in which the heir's attitude towards the inheritance as to his own property is manifested. In this case, the law does not require the heir to submit a mandatory application for acceptance of inheritance, but you will still have to go the notary - to obtain a certificate of right to inheritance, attaching the evidence of actual acceptance of the inheritance.

Regardless of the basis of real estate inheritance: by law or by will, the heirs may accept the inheritance in any of these ways.

Real estate be inherited either by virtue of a will or inheritance deed, or by operation of law. However, if the title passes to the heir under a will, it must not be revoked or altered during the testator's lifetime, as the notary, who certified the will, can attest. If the title to real estate is transferred by operation of law, documents will be required, which certify that the heirs and the testator are related.

The general period for acceptance of the inheritance by any of the methods - 6 months.
Read also: Restoration of the period for acceptance of inheritance

Registration of inheritance in real estate through a notary: step by step instructions

If you decide to formalize an inheritance at a notary, we recommend the following algorithm.

Step 1: Collect the necessary documents

The following documents will be required for inheritance of real estate:

  • Passport
  • Death certificate of the testator
  • If the real estate is inherited according to the will, the will with a mark of a notary certifying it, confirming that the will was not canceled and not changed
  • If the real estate is inherited according to the law, the documents confirming your relationship to the testator (in some cases, the dependence and disability): marriage certificate, birth certificate, etc.
  • Documents that confirm the right of ownership of the testator on the real estate (documents of title - the certificate of the right to inheritance, warrants, court decisions, contracts; extract from the Unified State register of legal entities about the right of ownership)
  • Certificate about the last place of residence of the testator, the extract from the house register about the de-registration of the testator in connection with his death (for obtaining these documents it is necessary to remove the registration at the place of residence of the testator before applying to a notary). If the place of residence of the testator is unknown, you may apply to a notary at the location of the immovable property
  • Documents that confirm privileges at the payment of the state duty for the issue of the certificate (confirmation of cohabitation with the testator in the inherited real estate, the existence of a mental disorder and being under care, the certificate of the disabled person of 1 or 2 groups, the pension certificate of the participant of the Second World War)

Step 2: Submit an application and documents to a notary for acceptance of inheritance

The application for acceptance of inheritance must be submitted at the place of the last place of residence of the testator, which is confirmed by the above mentioned certificate and extract; and if it is unknown, then at the place of location of real estate or other most valuable property. The application shall be filed within 6 months from the date of death of the testator or from the date of entry into legal force of the court decision on the recognition of the citizen as dead (if the heirs of more “priority” line of succession refused or did not accept the inheritance within that period, then an additional period is provided for the subsequent line, about this in the article on the link above).

Since January 01, 2015 there is a simplified procedure on the territory of the Russian Federation, a citizen wishing to open an inheritance case may apply to any notary within the notarial district.

In case of an application to the notary after the expiration of the six-month period, the heirs will have to obtain a notarial consent from the other heirs to restore the inheritance period or apply to the court to restore the inheritance period that was missed and prove the validity of the reasons for missing the period.

After checking all the documents required to accept the inheritance of the house, and the application, the notary opens an inheritance file.

It is not only possible to submit an application for the acceptance of an inheritance and documents in person, but also through a proxy, such as a succession lawyer, who will collect a complete set of documents, submit a timely application for acceptance of the inheritance and protect the interests of the heir before the notary (often a notary’s application does not end the case. In many cases, it is necessary to search for other property of the testator, to accompany in disputes with other heirs, to assess the property, to obtain documents confirming the testator’s ownership of the property, especially if the property was allocated to the testator in Soviet time or was not properly registered - the right of ownership of buildings, garages, shares in the property, etc., rights of claim against the developer).

Step 3: Obtain a certificate of inheritance and pay the duty

Upon the expiration of 6 months from the date of death the heir shall apply to the notary again for obtaining a certificate of right to inherit, if all the documents submitted to the notary are sufficient for certification of the ownership right of the testator to the property and the recognition of the heir's right to the said property. Prior to issuance of certificate the notary fee for notarial acts and notary's services shall be paid. The amount of state duty is determined based on the cadastral value of real estate and the degree of kinship with the testator.

Step 4. Register your title to real estate

To do this you need to contact the Federal Register Office, present the certificate of inheritance and pay the state duty for registering property rights.

The state duty for title registration is 2000 rubles for individuals and 22,000 rubles for legal entities (heirs under the will). 

At the end of registration, the Rosreestr issues an extract that confirms the registration of ownership rights.

In case of actual acceptance of inheritance the application for the certificate of inheritance is submitted, but not the acceptance of inheritance (as the heir accepts the inheritance by actual actions, but not by application). The application shall be filed with the notary with whom an inheritance case has already been opened (you can find this out on the website of the notary chamber of the constituent entity of the Russian Federation), or to a notary determined in accordance with the rules described above for the first method of acceptance of inheritance. The notary will need some time to examine the documents, certify the right of the heir to the inheritance and accept the inheritance in due time. Upon review, the notary also issues a certificate of right to inherit.

If the notary refuses to issue a certificate of right to inheritance, which was actually accepted, the heir may apply to the court to establish the fact of acceptance of inheritance. In addition, recourse to the court will be required in case of missing the deadline for acceptance of inheritance (by any of the methods). Also, if the testator did not register his ownership right to the property in the prescribed manner in the Rosreestr or other reasons the notary has doubts about the presence of the right of ownership of the testator, the heir will be forced to apply to the court for the recognition of ownership rights.

The Dvitex law firm renders services in full legal support of inheritance case (at the notary or through the court) with registration of rights to real estate in accordance with the legislation of the Russian Federation. Read more here.

Inheritance of real estate in Russia

Inheritance of real estate and its proper registration is a long-term procedure that requires patience and compliance with the legally established procedure. Inheritance of real estate, along with other types of property, today is a particularly hot topic, so in order for this procedure does not seem so difficult, it is necessary to observe a number of clearly regulated hereditary legislation actions.

How to make an inheritance of real estate in Russia?

So let's break down what to do in order to heir to the inheritance of real estate, how to make a property inheritance.

To begin with, it should be said that ownership of real estate does not automatically pass to the heirs. In order to enter into an inheritance, it must be accepted. In this case, accepting an inheritance, the heir takes all the property, as well as all the liabilities of the testator, not only certain (it is impossible to inherit only the house without, for example, accepting other property and debts). Often the inherited estate includes significant debts in excess of the amount of assets, so whether or not to accept the inheritance is an important issue on which the heir must make a decision before accepting the inheritance. On the Internet, you can meet a division of methods of acceptance of inheritance into extrajudicial and judicial. However, this division is not entirely correct. There are really two ways to accept the inheritance.

  • The first way to accept inheritance is to apply to a notary with an application for acceptance of inheritance. That is, in this case, the heir expresses in writing his desire to accept the inheritance.
  • The second way of acceptance of inheritance is the actual acceptance of inheritance. The legislator points out that the heir is deemed to have accepted the inheritance also if he has performed actions that testify of the actual acceptance of the inheritance, in which the heir's attitude towards the inheritance as to his own property is manifested. In this case, the law does not require the heir to submit a mandatory application for acceptance of inheritance, but you will still have to go the notary - to obtain a certificate of right to inheritance, attaching the evidence of actual acceptance of the inheritance.

Regardless of the basis of real estate inheritance: by law or by will, the heirs may accept the inheritance in any of these ways.

Real estate be inherited either by virtue of a will or inheritance deed, or by operation of law. However, if the title passes to the heir under a will, it must not be revoked or altered during the testator's lifetime, as the notary, who certified the will, can attest. If the title to real estate is transferred by operation of law, documents will be required, which certify that the heirs and the testator are related.

The general period for acceptance of the inheritance by any of the methods - 6 months.
Read also: Restoration of the period for acceptance of inheritance

Registration of inheritance in real estate through a notary: step by step instructions

If you decide to formalize an inheritance at a notary, we recommend the following algorithm.

Step 1: Collect the necessary documents

The following documents will be required for inheritance of real estate:

  • Passport
  • Death certificate of the testator
  • If the real estate is inherited according to the will, the will with a mark of a notary certifying it, confirming that the will was not canceled and not changed
  • If the real estate is inherited according to the law, the documents confirming your relationship to the testator (in some cases, the dependence and disability): marriage certificate, birth certificate, etc.
  • Documents that confirm the right of ownership of the testator on the real estate (documents of title - the certificate of the right to inheritance, warrants, court decisions, contracts; extract from the Unified State register of legal entities about the right of ownership)
  • Certificate about the last place of residence of the testator, the extract from the house register about the de-registration of the testator in connection with his death (for obtaining these documents it is necessary to remove the registration at the place of residence of the testator before applying to a notary). If the place of residence of the testator is unknown, you may apply to a notary at the location of the immovable property
  • Documents that confirm privileges at the payment of the state duty for the issue of the certificate (confirmation of cohabitation with the testator in the inherited real estate, the existence of a mental disorder and being under care, the certificate of the disabled person of 1 or 2 groups, the pension certificate of the participant of the Second World War)

Step 2: Submit an application and documents to a notary for acceptance of inheritance

The application for acceptance of inheritance must be submitted at the place of the last place of residence of the testator, which is confirmed by the above mentioned certificate and extract; and if it is unknown, then at the place of location of real estate or other most valuable property. The application shall be filed within 6 months from the date of death of the testator or from the date of entry into legal force of the court decision on the recognition of the citizen as dead (if the heirs of more “priority” line of succession refused or did not accept the inheritance within that period, then an additional period is provided for the subsequent line, about this in the article on the link above).

Since January 01, 2015 there is a simplified procedure on the territory of the Russian Federation, a citizen wishing to open an inheritance case may apply to any notary within the notarial district.

In case of an application to the notary after the expiration of the six-month period, the heirs will have to obtain a notarial consent from the other heirs to restore the inheritance period or apply to the court to restore the inheritance period that was missed and prove the validity of the reasons for missing the period.

After checking all the documents required to accept the inheritance of the house, and the application, the notary opens an inheritance file.

It is not only possible to submit an application for the acceptance of an inheritance and documents in person, but also through a proxy, such as a succession lawyer, who will collect a complete set of documents, submit a timely application for acceptance of the inheritance and protect the interests of the heir before the notary (often a notary’s application does not end the case. In many cases, it is necessary to search for other property of the testator, to accompany in disputes with other heirs, to assess the property, to obtain documents confirming the testator’s ownership of the property, especially if the property was allocated to the testator in Soviet time or was not properly registered - the right of ownership of buildings, garages, shares in the property, etc., rights of claim against the developer).

Step 3: Obtain a certificate of inheritance and pay the duty

Upon the expiration of 6 months from the date of death the heir shall apply to the notary again for obtaining a certificate of right to inherit, if all the documents submitted to the notary are sufficient for certification of the ownership right of the testator to the property and the recognition of the heir's right to the said property. Prior to issuance of certificate the notary fee for notarial acts and notary's services shall be paid. The amount of state duty is determined based on the cadastral value of real estate and the degree of kinship with the testator.

Step 4. Register your title to real estate

To do this you need to contact the Federal Register Office, present the certificate of inheritance and pay the state duty for registering property rights.

The state duty for title registration is 2000 rubles for individuals and 22,000 rubles for legal entities (heirs under the will). 

At the end of registration, the Rosreestr issues an extract that confirms the registration of ownership rights.

In case of actual acceptance of inheritance the application for the certificate of inheritance is submitted, but not the acceptance of inheritance (as the heir accepts the inheritance by actual actions, but not by application). The application shall be filed with the notary with whom an inheritance case has already been opened (you can find this out on the website of the notary chamber of the constituent entity of the Russian Federation), or to a notary determined in accordance with the rules described above for the first method of acceptance of inheritance. The notary will need some time to examine the documents, certify the right of the heir to the inheritance and accept the inheritance in due time. Upon review, the notary also issues a certificate of right to inherit.

If the notary refuses to issue a certificate of right to inheritance, which was actually accepted, the heir may apply to the court to establish the fact of acceptance of inheritance. In addition, recourse to the court will be required in case of missing the deadline for acceptance of inheritance (by any of the methods). Also, if the testator did not register his ownership right to the property in the prescribed manner in the Rosreestr or other reasons the notary has doubts about the presence of the right of ownership of the testator, the heir will be forced to apply to the court for the recognition of ownership rights.

The Dvitex law firm renders services in full legal support of inheritance case (at the notary or through the court) with registration of rights to real estate in accordance with the legislation of the Russian Federation. Read more here.

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