How is the inheritance and registration of a share in a privatized apartment
How is privatized housing inherited?
If the apartment is not purchased, but privatized, then the process of its inheritance is slightly different. There are two ways to inherit such housing: According to the law; According to the owner's will.
In the first case, the housing is divided between the heirs of the first stage (if there are no heirs, then the second, third stage, etc.). The primary heirs are: the spouse of the apartment owner; his children; his parents.
An important point: if the deceased still has the listed relatives, then the heirs of the next queues are no longer considered.
If the owner of the privatized housing managed to make a will, then the inheritance procedure will be different. State institutions are obliged to fulfill what is called the last will. Therefore, the apartment will be transferred to those to whom it is bequeathed, even if there are primary heirs – close relatives of the deceased. But there is also an exception – the children of the deceased who have not reached the age of majority, his spouse who is recognized as incapable of work, one or both of his parents who are recognized as incapable of work have the right to claim a mandatory share in the inheritance.
These categories are entitled to receive their share of the inheritance, even without being mentioned in the will. To do this, they should contact the notary who conducts the inheritance case.
How to enter into inheritance rights?
To do this, the heir has 6 months from the date of the death of the owner of the apartment. During this time, you need to contact the notary who is entrusted with the inheritance of the deceased. If 6 months are missed – you will have to apply to the court with a request to restore the term, explaining your inaction with a valid reason (being on treatment, staying abroad, etc.).
There is also such a thing as" actual inheritance": a relative who has the right to an apartment, did not register it for himself, but began to live in it. In such a situation, it is most often recognized as having entered into inheritance.
What papers should I issue?
First, you need to contact a notary to open an inheritance case. Next, you should: apply for inheritance; pay the state fee for administrative procedures; get a certificate of inheritance; register your ownership right in one of the branches of the Federal Register of State Registration and Registration Services.
As soon as such a right is registered, the apartment becomes the legal property of the heir.
Added: 28.04.2021
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