It is better to discuss inheritance issues with a lawyer
It should be borne in mind that you can begin inheritance registration of an apartment only after you prove your rights to the property. The first thing you need to do is provide evidence that the deceased was your relative.
1. You need a document of death of your testator – a certificate issued by the civil registry office.
2. Deregister the deceased from registration.
3. Order a certificate from the passport office that the deceased was registered at this address, and an extract from the house register.
4. Documents proving your family relationship with the deceased – birth certificates, marriage certificates, etc. But these are needed in the case of inheritance by law. For inheritance by will, the will itself is sufficient.
All of the above is needed for the first visit to a notary. Then you will need to collect documents for the apartment. These are, first of all, documents that confirm the deceased's right to this apartment. Such documents may include:
- documents on primary privatization. This includes a certificate of ownership of the apartment (pink or green forms), as well as the transfer agreement and application;
- various alienation contracts – for example, annuity, purchase and sale, etc. The contract should be accompanied by a certificate of ownership of the apartment and an acceptance certificate for the residential premises. The latter is not required if the transaction was concluded before March 1, 1996;
- if the deceased himself inherited the apartment, two certificates are required – a certificate of ownership of the housing and a certificate of the right to inheritance by law, as well as an agreement on the determination of shares of housing;
- if this is ownership in a housing construction cooperative, a certificate of ownership and a certificate from the housing cooperative on payment of the share are required. The second option is a BTI registration certificate and two original certificates of payment of the share.
If at the time of death the housing belonged to you, the deceased, and other family members as common property without shares, then to complete the inheritance registration, an agreement is required in which all owners will sign off on the division of shares. The agreement must be drawn up at a notary.
The next step is to prepare the following documents at the Bureau of Technical Inventory:
1. A certificate of the book value of the housing on the day of the owner's death. The latter must be specified, that is, exactly on the day of death.
2. Cadastral passport of the apartment.
3. Plan and explanations for the apartment.
After receiving the documents, be sure to check the information displayed in them – address, total and living area, etc. The notary may require you to provide an appraisal document of the market value of the housing. We will not discuss how legitimate this is, but simply tell you what to do in this case.
You will need an appraisal firm with an appropriate license. This firm will need to be provided with the previously collected documents on the housing and the death certificate of the testator.
And one more nuance. Some notaries require a certificate from the Office of the Federal Registration Service for Moscow that this apartment is not under arrest and there is no prohibition on it. You can freely order such a certificate from the branches of this organization. This document is called 'Extract from the Unified State Register of Rights to Real Estate and Transactions with It'. It will cost 100 rubles and will be issued in ten days.