Lawyer practicing real estate, construction and land law.
Re-registration of an apartment after the death of the owner
Re-registration of an apartment after the death of the owner is quite possible, but a complicated process. The legislation provides for a special procedure for registration of property during martial law. It is worth noting that in wartime there are some peculiarities related to the operation of the Inheritance Registry. In particular, a notary may open a hereditary case without using it in the absence of technical capabilities, but within five working days from the moment of restoration of access to enter all the necessary information into it. We will examine in more detail the main nuances of re-registration of an apartment in this article.
Registration of ownership of an apartment after the death of the owner in the order of inheritance
This issue is regulated by the Civil Code of Ukraine and describes the transfer of the rights of the deceased owner to heirs by law or will. Below are the main rules:
- a six-month period is established from the date of death of a person for accepting the inheritance (submission of a corresponding application to a notary);
- in the absence of a will, inheritance occurs in the order of kinship (first order: children, second spouse, parents; second: brothers and sisters, grandmother and grandfather; third: uncle and aunt; fourth: persons who lived with the owner in the same family for at least five years; fifth: other relatives and dependents);
- the issue of registering the inheritance for pensioners, persons with disabilities who were dependent on the deceased owner is resolved out of turn.
What documents are needed?
To register ownership after the death of the owner, you will need to prepare the following package of documents:
- death certificate (original or notarized copy) or a court decision recognizing the person as deceased;
- documents confirming the ownership of the apartment by the deceased owner (technical passport, extract from the State Property Register, certificate from the Housing and Housing Association, if it is a cooperative apartment);
- documents confirming the heir’s family ties (birth certificate, marriage certificate, court decision establishing the fact of family relations, certificate of family composition, etc.);
- a will (if available) and a statement of acceptance of the inheritance of the established sample.
What does the procedure look like?
First, the most important step is to contact the notary at the location of the apartment and submit the necessary documents. From this moment on, the inheritance case is opened and information is entered into the Inheritance Register (if access is available).
Secondly, in case of a successful procedure, a certificate of inheritance from a notary is obtained.
Finally, the final stage is the state registration of ownership. In particular, the certificate obtained is the basis for contacting the state registrar and entering information into the DRRP.
Registration of the right to a non-privatized apartment after the death of the owner
Registration of the right to non-privatized real estate is a complex process, since such an apartment was not in the private ownership of the deceased and is not part of the inheritance. However, there are certain exceptions:
- if the deceased owner applied with a properly executed application for privatization and received a decision in accordance with the Law of Ukraine “On Privatization of the State Housing Stock”;
- if the privatization body unjustifiably failed to consider the tenant’s application within the established period or illegally refused to satisfy it.
Thus, the absence of an application for privatization during the lifetime of the deceased, as a rule, makes it impossible to re-register a non-privatized apartment.
Step-by-step procedure
The heir must complete the following steps:
- first, submit an application to a notary with a statement of acceptance of the inheritance. If there are no title documents for the apartment from the privatization authority, the notary, as a rule, issues a resolution refusing to perform notarial actions;
- second, file a lawsuit with the court at the place of opening the inheritance for recognition of ownership. The statement of claim must be accompanied by the notary’s resolution on refusal, evidence of the deceased owner’s application to the privatization authority, a receipt for payment of the court fee, etc.
The court considers the case, examines the evidence provided and makes a decision. From this moment on, the heir applies to the ASNAP or a notary to register ownership of the apartment.
Legal support for registration of ownership of an apartment after the death of the owner: main services and cost
Qualified lawyers of “Prikhodko and Partners” provide a range of services aimed at assisting in passing all stages of the procedure for re-registration of an apartment. They take on a significant part of the organizational issues, saving clients’ time and effort. The main services of legal support for registration of ownership of an apartment after the death of the owner during martial law are:
- initial legal consultation;
- collection and preparation of documents for a notary, ASNAP or court;
- representation of the client’s interests during state registration or in court;
- resolution of controversial issues (for example, establishing the fact of family relations).
The cost of such legal support can vary significantly depending on the volume of work performed, the complexity of the client’s request and its urgency. The fixed price is formulated at the first consultation with a real estate lawyer.
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In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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