THE TRANSFER OF REAL ESTATE TO INHERITANCE

The transfer of real estate to inheritance is a process that requires compliance with a certain procedure in accordance with the law and knowledge of the basic rules for paperwork for successful inheritance. In this article, we will consider the features of the inheritance of real estate, the procedure and registration of rights to hereditary property.

What are the characteristics of real estate inheritance?

According to the Civil Code of Ukraine, citizens, legal entities and the state can be heirs. The right to inherit real estate arises from the moment of death of the person who is the owner of such real estate. Legislation provides for two types of inheritance of real estate: by law and by will.

When inheriting real estate by law, the heirs have the right to inherit in accordance with the law. If the heir did not leave a will, his property will be inherited by his descendants (children), parents, spouses and other relatives in accordance with the law. If the heir left a will, then the property will be transferred to the heir specified in the will.

It should also be borne in mind that heirs have the right to refuse inheritance. In the event that all heirs renounce the inheritance, the hereditary property is transferred to the state.

What is the procedure for inheriting real estate?

The procedure for inheritance of real estate is regulated by the Civil Code of Ukraine, the Civil Procedure Code of Ukraine and other laws and regulations. When inheriting real estate, you need to follow these steps:

1. Establish the fact of inheritance and determine the heirs. To do this, you must submit an application to a notary or court.
2. Execute documents on the ownership of real estate. To do this, it is necessary to submit documents confirming the right to inheritance to the bodies of state registration of rights to real estate.
3. Pay taxes and fees. When inheriting real estate, you must pay taxes and fees prescribed by law. As a rule, this tax is 5% of the value of the immovable object of inheritance for individuals. However, this does not apply to heirs whose inheritance is taxed at a zero rate (for example, family members of a deceased person in the first and second degree of kinship).
4. Prepare documents for inheritance. After determining the heirs and confirming their right to inherit, it is necessary to draw up documents for inheritance, which are signed by all heirs.
5. Obtain a certificate of ownership of the property. After completing all the necessary documents, the heir receives a certificate of ownership of the property.

How to correctly register the right to inherit real estate?

Registration of inheritance for real estate involves the submission of documents to a notary or to the court. When applying for an inheritance, you must submit the following documents:

• Declaration of Inheritance. After the death of the owner of the property, the heirs must apply to the notary with a statement of acceptance of the inheritance. The application may contain information about the deceased and all possible heirs, as well as the property they want to inherit.
• The death certificate of an individual, that is, the testator – only the original.
• A document that will indicate the registration details of the deceased, including the place of his registration and the person (s) with whom he was registered at the time of his death.
• Certificate confirming the ownership of the property left by the deceased.
• RNOKPP and passport.
• If the inheritance is obtained by will, then directly (the will itself).
• If the inheritance is obtained by law, then documents confirming family ties. For example, a birth or marriage certificate.
• Documents confirming the payment of notarial services and state duty when initiating an inheritance case.

If you are looking for professional assistance in obtaining rights to the inheritance of real estate, then the law firm “Prikhodko and Partners” may be useful to you.

We offer a full range of services in the field of inheritance law, including advice on the inheritance procedure, assistance in preparing the necessary documents, representing clients in judicial and state bodies, as well as resolving disputes over the inheritance of real estate.

In addition, our lawyers constantly monitor changes in legislation and follow the news in the field of inheritance law to provide high-quality and prompt assistance to clients.