Paperwork on heritage
issues and privatization
of apartments and rooms.
We will help you to register heritage according to the law or testament. We prepare all requested documents, make arrangements with notary for the fixed time for him to confirm mass of the succession, and register property rights in the Main Federal Registration Office. You will not have to wait in queues in different organizations.
Learn more about probate
program "Inheritance without hassle"
If you want to do everything yourself then you need to know the basics of inheritance of immovable property:
Opening day of the inheritance is the day of death of the testator. Within six months after the heir has the right to either accept the property left by him, or refuse nego.Svidetelstvo the right to inheritance shall be issued within six months from the date of its opening. But this period may be suspended by the court, if there is conceived but not yet born child heir.
Within six months from the date of opening of the inheritance should apply for the adoption of the property. The statement handed to the place of its discovery notary public or officer authorized to issue documents on the right to inheritance. After that, the heir receives a certificate of inheritance, which is the basis for state registration of rights to inherit property.
If for some reason omitted the period for acceptance of the inheritance, then there are two options paperwork.
1. When the existence of other heirs have accepted the property, they must be consent to the adoption of the inheritance you have expressed in writing. If the identity of its citizens can not consent to visit the notary issuing the certificate of inheritance, they must come to any other notary public and to assure their signatures on the statement. With this statement should refer to the notary. His decision to revoke previously issued certificates and the new certificate is grounds for amending the record of state registration.
2. Trial. Should apply to the court for such reinstatement period. The court may restore the time limit for acceptance of the inheritance and accept the heir to take the property if he did not know and could not know about the opening of the inheritance, missed deadline for valid reasons and under the condition that applied to the court within six months after the causes have ceased to exist.
There are categories of citizens entitled to a compulsory share of inheritance, that is, inherit, regardless of whether they are specified in a will or not. These include:
- minor or disabled children of the testator;
- disabled spouse and parents;
- disabled dependents of the testator.
These individuals inherit at least half the share payable to each of them under intestate succession. I must say that prior to March 1, 2002 the size of an obligatory share was equal to 2 / 3 share (now - 1 / 2). But if the testator has drawn a testament to March 1, 2002, the size of a compulsory share of 2 / 3 rather than 1 / 2.
Rights to satisfy the compulsory share of the remainder, residuary estate (even if it would reduce the share of other legal heirs). If it is not enough, the obligatory share withdraw from bequests.
Act (from March 1, 2002) the case where the size of a compulsory share reduced or denied its receipt (§ 4 of Art. 1149 Civil Code), namely: if the legatee of the testator during his life used the dwelling for residence but a citizen who is entitled to an obligatory share, does not use and enjoyment of the right to a compulsory share will lead to inability to pass legatee this apartment, the court may, taking into account the property status of the person who has the right to an obligatory share, to reduce the size of that share, or refuse to her award.
There are two categories of citizens to inherit under the law on a par with the heirs of the queue. These include:
- heirs (the second, third and subsequent bursts) that are unable to work for the day of opening the inheritance, but not within the line of heirs, to inherit, provided that they are at least a year before the death of the testator, under his dependents regardless of whether living with them or not;
- other citizens, are not included in the terms of the heirs, but the day of the opening of the inheritance is disabled, and at least one year before the date of the testator's death were his dependents, and lived together with him.
How to split the inheritance?
Under intestate succession or by will, when not specified how much each of the heirs to inherit, the property goes to the common share ownership. But any time it can be divided by agreement among all the heirs. If the estate includes real property, the agreement on the division of inheritance, including the allocation of shares of one or several heirs, concluded only after the issuance of a certificate of inheritance.
The presence among the heirs of minors, disabled or reduced mobility of citizens property division produced with the participation of the guardianship authority. It is expressed in the fact that this body must notify the preparation of agreements on the division of inheritance, as well as a trial of the division of property.
Heir, who had together with the testator the right to common ownership of an indivisible thing, the right to share in that part of the inheritance is in the division of inheritance precedence over other heirs to receive in respect of its share in the estate stuff that was in common ownership. This happens regardless of whether use other heirs thing or not.
If the heir is constantly enjoyed indivisible thing, it also has a preferential right to the other heirs who have not used that property and are not parties to the common ownership of it.
If the estate includes a dwelling, part of which in kind is impossible, then at his section of the heirs who lived in it for the day of opening the inheritance and having no other shelter, have over the other heirs of the preferential right to receive on account of the proportion of dwelling. Such a right arises, if the other heirs were not parties to the common ownership of housing.
For state registration of immovable property in respect of which there was a partition, given agreement on the division of inheritance and the previously issued certificate of inheritance. If the state registration was carried out before an agreement on the division, the bodies of state registration of property rights constitute an agreement on the division of the inheritance.
represent your interests on the privatization of housing in all public and private institutions and organizations in Moscow (General Directorate of the Federal State of registration, inventory and mapping, BTI, REU, ZhEKah, DEZov,). At the same time on your behalf of the finance-personal accounts, conclude treaties sots.nayma, in cases of loss of order - rebuilding it, etc. Term of privatization depends on the size of your paid registration fee.
Typically the time of performance of about 1 month.