Registration of inheritance to the apartment: possible difficulties

click fraud protection

probate, apartment or house can be transmitted in two ways:

1. With the help of a notary.

2. At the court.

itself probate for an apartment - a simple process, if you have not missed a 6-month period of legal entry into the inheritance, has all the documentation, there is no dispute about the inheritance and discrepancies in the title documents.

Since the death of the testator within six months is required to apply for a notary for entry into an inheritance, attaching to process all necessary documents.Then, after it expires in 6 months, it is necessary again at any time apply to a notary to complete probate apartment and buy a certificate certifying the right of inheritance.

through a notary to issue the inheritance can not only personally, but also in using proxies (for example, a lawyer engaged in hereditary cases) that decent saves time and nerves.

If you have missed a period established by the legislation, and can not restore it, and the heir to the notary refused the registration and issuance of certificate, what to do?This is called a de facto acceptance of inherited property, as the heir owns inheritance (for example, living in the home of the deceased), liable for the debts of the testator or contains his property.

With a lawyer and prepared a statement of claim submitted to the district court at the location of the inheritance, with the application of the necessary documentation, and starts the court.

after the decision of the court (if this property) is recorded on the VAT in the FRS.In such a case, in fact, the judgment replaces the notarization of the inheritance to the apartment and becomes legal documents.Therefore, on the basis of the judgment is not necessary in the design of a notary certificate of inheritance.

the above procedure is carried out probate apartments as a bequest, and by law.

Required documents:

- The original and a copy of the death certificate of the testator.

- Help from the last place of residence of the deceased: Out in the management company from the house, condominiums, housing department in the original or reference FMS.

- Passport (to provide necessary and only in the original).

- Testament with a notary stamp, making sure it that it does not change and does not negate (copy and original).

Disabled persons must provide a certificate of finding on the provision of the testator and the FAQ VTEK the assignment of disability.Citizens need to provide retirement pension certificate.

probate at the apartment (required documents):

- title documents (the contract of sale, privatization, equity participation in the construction, exchange, donation, other than a certificate of ownership, proof of payment of the share) - the original and a copy.

- account statements about the absence of debt on utility bills for the apartment.

- Technical documentation BTI (technical and cadastral passport in original and copy).

- Help BTI conducted an inventory assessment of the apartment at the time of death of the testator.

process is fairly lengthy, but if you all to understand, simple.