To enter into inheritance rights to a shared apartment after the death of a spouse, it is necessary to prepare a package of documents, contact a notary at the location of the apartment and, finally, formalize the ownership of the dwelling.
Making an inheritance for an apartment jointly owned by spouses involves contacting a notary at the location of this apartment with three applications: for issuing a certificate of ownership of a share in an apartment, for accepting an inheritance (within six months from the date of death of the testator) and issuance of a certificate of the right to inheritance.
So, in the application for the issuance of a certificate of ownership of a share in an apartment, the characteristics, cost, location and cadastral number of the dwelling are indicated with reference to the relevant documents. Unless otherwise agreed, in the event of the death of one of the spouses, his share is 1/2 of the area of the apartment.
The application for acceptance of the inheritance is necessary in order to declare oneself as the heir of the first priority during the period when the inheritance is open (six months).
An application for the issuance of a certificate of the right to inheritance can be submitted at any time, but the notary can only determine the share of the testator and issue a certificate after a six-month period.
The documents required to inherit an apartment jointly owned by the spouses include: a death certificate of the testator, a marriage certificate, a certificate from the deceased's place of residence to confirm the place of inheritance opening, an apartment purchase and sale agreement, a certificate of ownership (with indication of shares), cadastral passport, certificate from the BTI on the appraised value of the apartment, extract from the Unified State Register, certificate from Rosreestr, passport.
In order to register ownership of a share in an apartment, you need to contact the territorial department of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) with certificates of the right to share and inheritance. An application for state registration of ownership of an apartment must be submitted to this authority.
