Inheriting an apartment: procedure, documents and disputes

After the death of a close person, an apartment does not pass to the family automatically. Until the inheritance is opened with a notary and a certificate of the right to inherit is obtained, the property cannot be disposed of: it cannot be sold, gifted or pledged. Many people find this out at the deal itself, when the buyer asks for documents and there is nothing to show.

Mistakes in such a situation are costly. Some miss the deadline and then prove in court that they actually took over the apartment. Some move in and carry out repairs before completing the paperwork, and then the dispute with another heir is already about the value of the improvements. Below is the procedure, the documents and the points where conflicts most often arise.

How the inheritance of an apartment begins after death

The inheritance of an apartment after the owner's death opens on the same day the person passed away. This date determines the circle of heirs: the spouse, children, parents, and in their absence — brothers, sisters, grandfathers, grandmothers and other relatives in the established order of priority. It is these people who acquire the rights to inherit the apartment — the opportunity to accept the property and then register it in their own name.

To exercise these rights, the heir goes to a notary and files an application to accept the inheritance or for the issue of a certificate of the right to inherit. The deadline for this is six months from the date of death; missing the deadline means the flat will have to be fought for in court. Actual acceptance of the flat — living in it, paying utility bills, carrying out repairs — does not replace going to the notary: without a certificate, the property cannot be disposed of.

• identify all heirs and their shares
• collect documents for the flat and proof of kinship
• file an application with the notary within six months
• obtain the certificate and register the right

Inheritance of a privatised flat: share and rights

If a flat was privatised in the names of several people, after the death of one of them the inheritance opens not on the entire flat, but only on their share. The other participants in the privatisation retain their parts, and their right is not affected by anyone. The deceased person's share forms part of the estate on the general grounds — regardless of whether they were an owner under the privatisation agreement or received a part later.

Inheriting a share in a privatised flat does not give an automatic right to a specific room: a share can be allocated in kind only if technically possible and with the consent of all owners, which in practice happens rarely. More often the heir receives an ideal share and takes part in common ownership. If one of the co-owners objects to the allocation or wants to buy out the share, the dispute is resolved in court.

• The deceased person's share is taken into account when calculating the compulsory share and the estate.
• Co-owners have a pre-emptive right to purchase the share when it is sold.
• Actual use of a room does not replace ownership of a share.

Inheritance of a flat under a will: how to arrange it

A flat or a share in it can be transferred under a will: inheritance of a flat under a will is distributed as the testator has specified. A will for a flat is made only before a notary — for the entire flat or for a share in it.

To make a will for a flat, documents are needed for the property and for the identity of the testator: title documents, details, and for a will for a share in a flat — confirmation of its size.

After death, the heirs apply to the notary to accept the inheritance, presenting the will and the documents for the flat; those who disagree may challenge the will in court.

• Title document for the flat: agreement, privatisation certificate, court decision.
• Document confirming the share in the flat, if only part is being bequeathed.
• Identity document of the testator.
• Technical documentation for the property (at the notary's request).

The list of documents may be clarified by the notary depending on the grounds for the right to the apartment.

Challenging a will for an apartment: grounds and procedure

A will for an apartment can only be challenged in court: it is declared invalid by a court decision, and the notary does not cancel the will on their own. The claim may be brought by those heirs whose rights are infringed: those who are not named in the will but fall within the circle of heirs at law, as well as those to whom the will left less than they would have been entitled to without it. Challenging is closely linked to the division of the apartment by inheritance: until the court resolves the matter of the will, the shares between the heirs cannot be determined.

Specific circumstances are examined: the testator did not understand the meaning of their actions at the time of signing, acted under the influence of deception, violence or threats, the will was executed in breach of the rules, or was signed by another person. A separate category of heirs is entitled to a compulsory share in the inheritance regardless of the contents of the will. That is why, before bringing a claim, it is important to assess the rules of inheritance of an apartment and the composition of the heirs in order to understand what can realistically be changed and what the court will leave in force.

• establish the time and manner in which the will was executed
• collect medical and other documents on the testator's condition
• identify all the heirs and those claiming a compulsory share
• file a claim in court to have the will declared invalid

Registering an apartment by inheritance: documents and re-registration by inheritance

To obtain a certificate of the right to inheritance, an application to accept the inheritance, a death certificate, documents confirming kinship or the will, and the title documents for the apartment — a sale and purchase agreement, a privatisation agreement, a court decision — are submitted to the notary. On their basis the notary checks whether the apartment belonged to the deceased. Lost documents are restored through the akimat, an archive or a court — without confirmation of ownership, an apartment cannot be registered by inheritance.

Registering an inherited apartment ends with registration of title: after receiving the certificate, the right is registered in the state register, and the heir then becomes the owner. Re-registration of an apartment by inheritance is held up by incomplete documents, disputes, encumbrances and arrests, and failure to accept the inheritance within the deadline. Below is the basic set of documents and the typical obstacles to registration.

• Application to accept the inheritance and issue the certificate
• Death certificate of the deceased
• Documents confirming kinship or the will
• Title documents for the apartment
• Technical passport and certificate of registered persons

If documents are lost, they are restored before submitting the application, otherwise the issue of the certificate will be delayed.

Inheritance and division of an apartment between heirs

Heirs may conclude an agreement on the division of inherited property — this is the fastest and cheapest way. The document records who gets the apartment and who receives monetary or other compensation, and it is certified by a notary. If no agreement is reached, the division of the apartment by inheritance goes through court: one heir receives the housing, the others receive payment.

A separate scenario should be provided for in the case of an indivisible item: the preferential right to it can be exercised through the court or through payment of compensation to the other heirs. Some co-owners often sell the property as a whole and divide the proceeds according to their shares. Typical mistakes here are oral agreements without a notarial form, refusal to value the housing before compensation, and an attempt to challenge a will for an apartment after the division has already been formalised. The most costly mistakes in division:

• Division without a written notarial agreement
• Compensation without an independent valuation of the apartment
• Sale of a share without regard to the preferential right
• A dispute over a will after the division has been completed

Disputes in the inheritance of an apartment: court and court enforcement officer

An inheritance of an apartment after the death of a close person often becomes the subject of a court dispute. Heirs may disagree on the assessment of shares, challenge actual acceptance, or allege unworthy conduct. The court hears such cases by examining documents, witness testimony and expert opinions.

Once the decision enters into legal force, it is subject to enforcement. If an heir does not hand over the keys, does not vacate the housing or does not pay compensation, the matter is resolved through compulsory enforcement. This is ensured by a private or state court enforcement officer. They initiate enforcement proceedings, apply measures of compulsion and secure actual enforcement.

• A dispute over recognition of ownership of an apartment by way of inheritance.
• Challenging the division of shares between heirs.
• An application concerning an unworthy heir.
• Enforcement proceedings after a court decision.

The first thing to do after the death of the owner is not to change the locks or divide the belongings, but to go to a notary and open an inheritance file. Any action involving the apartment before obtaining the certificate creates a dispute that can then only be resolved in court.