Agreement on the division of inherited shares. How is an inheritance division agreement concluded?

One of the ways to divide property between heirs is conclusion of an agreement on the division of inheritance. The need for its conclusion arises among those heirs who become shared owners of any part of the inheritance when it is distributed. When dividing the testator's property, their shares are distributed in the amounts specified by the testator. If the shares of the heirs are not specified in the will, then they can also become shared owners of the inherited property and they will have to draw up an agreement. The main issues related to this process are regulated.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve exactly your problem, get legal advice for housing issues by calling hotlines:

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The need to draw up such an agreement may arise only in relation to that part of the property that requires state re-registration of the right to own it. An agreement on the division of inheritance can be concluded between the parties to the inheritance process on a voluntary basis if there are no disagreements between the parties to the process.

If the parties do not agree with each other, their disputes are resolved in court. Agreement between heirs on the division of inheritance is mandatory document to register ownership rights to inherited property.

Agreement on division of inheritance

Heirs have limited six months. Having received a certificate of heir's right from a notary, they can enter into agreements with other participants in the inheritance process on the division shared property. The right to joint ownership, management of joint property and benefit from its use is determined by articles of the Civil Code of the Russian Federation and.

An agreement on the division of inheritance can be concluded between the heirs, subject to inheritance rights other participants in the inheritance process. If such a condition is not taken into account, then such an agreement may be recognized by the court as void in the event of disputes.

The agreement can be drawn up in a simple form or according to standard sample. Sample agreement on division of inheritance can be obtained from a notary (you can view and download here:). You can also certify the drawn up agreement with him. The document signed by the heirs must contain information about the parties concluding it, the name of the property and an indication of the size of the share of each of the participants in the joint part of the testator’s property. It is mandatory to indicate the value of this property. When drawing up an agreement, the heirs can add to it those issues that seem most important to them.

An example of such interest of the parties is the question of compensation payments or refusal of them. This clause is not mandatory, but can be included in the document by the parties.

Definition of shares

The procedure for determining the size of shares of participants in the inheritance process is regulated by current legislation, which provides for the procedure for submitting property rights a certain category of heirs. These include those who jointly owned any property with the testator. They can claim an undivided part of the property as a priority. But in order to become its sole owner, they need to pay the other participants in the inheritance process compensation in an amount exceeding the size of their share in the total amount of inherited property. He can exercise his right within 3 years.

If the size of the shares is not determined by the testator in the will, then each of the participants in the inheritance process has equal rights with all the heirs. At the same time, one of the spouses who is legally married to the testator until the moment of his death has the right to half of the jointly acquired property, unless otherwise specified in the marriage contract. If any of the heirs refuses his part of the property, his share is distributed proportionally among the remaining heirs.

Procedure signing an agreement on the division of inheritance involves the distribution of shares as agreed and at the discretion of the parties.

Additional documents

To declare his rights as an heir, a citizen must contact the notary who opened the inheritance case and provide documents confirming the fact of relationship with the deceased. As additional document A certificate of joint residence with the testator in the same living space or an extract from the house register may be presented.

Where to submit?

An inheritance case, as a rule, is opened by a notary in the place where the testator lived. You can declare your rights as an heir by personally visiting a notary office or sending documents by mail or courier delivery service by registered mail with acknowledgment of receipt. The deadline for submitting documents is limited by law six months.

Copies of documents confirming relationship with the testator must be notarized. The division of property may not be limited to six months.

This is due to the fact that current legislation provides preferential inheritance rights that they can take advantage of within three years. Five years The term of trust management of property is determined. Therefore, the division of the inheritance can be made no earlier than 6 months and before full entry.

Conclusion

The law determines the period during which you can declare your rights to inheritance at six months. To do this, you need to submit an application to a notary along with documents confirming the relationship . Additional documents may include certificates of cohabitation with the deceased. They will allow those who are not related to the testator to prove their right to a share in the inheritance.
The heirs' shares are distributed in two ways. If a will is not left, the law will distribute them among the heirs.
The heirs have the right to divide the testator's property in another way. They can sign an agreement to share it. A lawyer can tell you how to write a document. It is better to consult with him in advance before drawing up an agreement between the parties.
Documents signed by the parties can be certified by a notary. The inheritance procedure provides for such a procedure for processing documents.
The reason for concluding an agreement between the parties may be their desire or the court’s compulsion.

The most popular question and answer regarding an agreement on the division of property between heirs

Question: Good afternoon. It turned out that three people at once became successors to one living space. Managing the acquired property is not very convenient, since each action requires the consent of all owners. In addition, one of the owners wants to sell his part of the apartment to strangers. We would like to avoid such a decision. Please tell me how you can divide the property so that everyone owns their part, and also how to avoid transferring part of the common apartment into the ownership of third parties? Can we ourselves, the remaining successors, buy out this share? Alexander.

Answer: Alexander, according to paragraph 1 of Article 1165 of the Civil Code of the Russian Federation, property in common shared ownership can be divided by agreement between successors. That is, after receiving a certificate of inheritance, you can draw up an agreement between yourself on the division of property, in which you can specify the size of the shares of each successor. Such an agreement is drawn up only with the consent of all successors. If at least one of the heirs does not agree with such a decision, then the agreement cannot be drawn up, and even if the document is signed by the other two successors, it will not have legal force. If such an agreement is concluded, the heirs will be able to dispose of their share at their own discretion. Now, while the housing is in common ownership, none of the heirs can sell their part without the consent of the others. As for the redemption of a share, this does not contradict the law, and you may well offer this option, however, such a transaction must be formalized properly, preferably in a notary’s office. If the agreement was reached orally, it has no legal significance. In addition, if the redemption of the share is executed by the remaining successors in equal parts, then the share will be divided equally between them.

All people experience the loss of close relatives. As a rule, after the death of a person, there are heirs who claim the property of the deceased. If there are several of them, then one of the options is .

Sometimes it is difficult for people to agree on the distribution of inheritance. Said agreement aims to resolve property disputes between citizens. It is a variant of a civilized, “peaceful” division of the property of the deceased.

There are certain rules for drawing up a document that must be followed. Let us consider the elements and essence of this legal relationship.

In this article:

Features and principles of division of inherited property

The document represents an agreement between two or more heirs, which formalizes their joint voluntary decision to divide the inherited property in equal or unequal shares.

An important criterion for a legal relationship is voluntariness . There should be no disputes or unresolved issues when developing the final solution. Without this qualifying feature, there will be no basis for the emergence of an obligation.

Its conclusion is possible subject to the presence of a number of fundamental principles, namely:

there must be two or more heirs (Article 1165 of the Civil Code of the Russian Federation);
the deceased did not draw up a will before his death, where he would distribute his property (Article 1164 of the Civil Code of the Russian Federation);
You can divide what is included in the general hereditary mass;
absence of unresolved issues between citizens who entered into an obligation;
when real estate is divided, as well as to allocate a specific share, an agreement is allowed to be concluded only after receiving official document on the right to inheritance (Article 1165 of the Civil Code of the Russian Federation).

The procedure will be as follows. At first . Then the successors claim their rights to the inheritance within 6 (six) months. After completing the procedure, by mutual agreement, they can divide the property that is in common shared ownership at their own discretion.

The subjects of the contract in question have the rights:

may disagree with the proposed division option and go to court;
if desired, they have the opportunity to donate or refuse their share;
claim compensation if, as a result of the distribution of property, they received a smaller share than other participants.

In addition to legal successors by will and by law, there is a category of compulsory heirs - these are minors, disabled and partially able-bodied persons, and dependents. Their rights also need to be taken into account when dividing inherited property.

Note! Relatives do not have the right to alienate the property of the deceased until they receive a certificate of inheritance. This is possible after 6 months, subject to contacting a notary.

Definition of shares

All heirs claim equal shares, unless otherwise stated in the will. Each person has the right to demand his or her part of the inheritance, which cannot be less or more without a collective decision of the parties.

Before starting the process you should:

Indicate the number of applicants.
Determine the volume of divisible property.

Negotiations should then begin between the parties and an agreement should be reached. If unequal parts are allocated, the heir agrees with this or has the right to monetary compensation. Agreements must be enshrined in the document being signed so that disputes and disagreements do not arise in the future.

To carry out the procedure, the guardianship authorities must be notified, who are obliged to check the circumstances to ensure that there are no violations of the interests of this category of persons.

It is prohibited to enter into an agreement if:

It has been established that one of the potential successors has not yet been born (was conceived during the life of the testator). The conclusion of the agreement in question will be legal only after its birth (Article 1166 of the Civil Code of the Russian Federation).
Not taken into account legitimate interests minors, incompetent and partially incompetent heirs (Article 1167 of the Civil Code of the Russian Federation).
Parts of the inherited mass are distributed unevenly without the consent of all persons claiming it.

If a transaction is concluded in violation of the specified criteria, then it is judicial procedure may be declared void (invalid).

As for the time frame for concluding the agreement, it can be signed when the successors receive certificates of the right to inheritance, that is, 6 (six) months after the opening of the inheritance case.

The procedure for dividing inheritance by agreement and the necessary documents

When conditions have arisen under which it is possible to conclude an agreement on the division of the inheritance, one of the first steps will be to familiarize yourself with the sample document. A sample agreement on the division of inherited property can be downloaded here.

Having previously studied it, you should prepare a package of documents and clarify their details, which should be included in its text. There is a list of documents that are required for any property.

These include:

civil passports;
certificate of inheritance.

For each type of property, you will additionally need 1-2 documents, which is due to its characteristics and purpose.

In the case of an apartment and a house it will come in handy:

certificate of absence of housing debts;
technical passport, with detailed description characteristics of the room.

If we are talking about a plot of land, then there is a slightly different list.

This applies to:

boundary and technical plan;
inspection report;
layout of the land plot (when registering for the first time).

The vehicle will also require a technical passport.

These documents will allow you to describe the property in the agreement and identify objects in space.

After the agreement is drawn up, the participants familiarize themselves with the text and put their signatures. If a notary certifies, he puts his signature and seal.

Judicial settlement of the issue

When people have not come to a common denominator on the issue of division, the party who wants to implement it in accordance with their vision can file a claim in court.

It must be accompanied by:

Document giving legal right for inheritance.
Passport.
Property documents.
Evidence demonstrating the legitimacy of the claims.
State payment receipt duties.

Any of the legal successors of a deceased relative has the right to file a claim. The main thing is that deadlines are met limitation period, which are 3 (three) years from the date of opening of the inheritance.

The application should indicate which method of division the person insists on.

There are several of them:

by dividing into parts in kind;
pay monetary compensation.

On admission statement of claim, the court must examine the submitted documents, checking the presence of all necessary data. He is obliged to take into account a number of factors on which the decision made will depend.

These should include:

is there an option for sharing the property;
is it possible to pay monetary compensation;
whether the other participants in the legal relationship will agree to sell the item through auction and divide the money received among themselves.

Verdict court often differ from the solutions previously agreed upon by the parties. Therefore, depending on existing factors and conditions, the court accepts one of the possible options - to designate the parts due to all, or to oblige the sale of all things and equally distribute the funds received.

At the same time, the parties to the conflict can reach a compromise and conclude in court settlement agreement on the division of inherited property.

An example of division of property by mutual consent

When it becomes necessary to divide property between the legal successors of a deceased person, various disputes often arise. They are related to how to divide a real estate object and between whom. At the same time, each side, as a rule, will insist on its own opinion.

It is especially problematic when there are many applicants and they all want to get the most favorable conditions. Let's look at the most common cases.

Example No. 1. How heirs can divide a house and a plot of land

When there are two heirs and we are talking about dividing the house with the land.

The situation is resolved by mutual agreement in several ways:

All property is received by one legal successor, the second is paid compensation.
The residential building and the plot are divided in half when the layout of the house, technical capabilities allow you to divide by a common wall and make separate entrances. To do this, it is necessary to make changes to the technical data sheets and obtain official permission for reconstruction. However, this option is extremely rare.
Sell the building and land and divide the money equally.
If there is still property, then it is possible to agree that the disputed objects are movable or Not movable property(car, securities, apartment) commensurate with a certain share of a person were transferred to another at the expense of home ownership with land.

The presented methods seem to be the most realistic. If there are more parties, then most likely options No. 1 and 3 will be applicable. Option No. 4 - but provided that the deceased had a lot of other property.

Example No. 2. Options for dividing an apartment between heirs

The most common situation in legal practice when the apartment is divided.

Here possible options, if there are 2 or 3 heirs there will be:

its sale and division of the money received;
payment of compensation to the remaining parties to the contract;
division into shared ownership, without allocation in kind.

The first option is most often used; it is less expensive and can bring additional benefits due to price fluctuations in the real estate market. As for compensation, such a case is less common, since not all citizens have financial resources its payment.

Deadlines for registration and state registration

The separation agreement comes into force after it is signed by the parties. However, without mandatory registration, the actual transfer of ownership will not take place.

After concluding an agreement, you must contact the authorities of Rosreestr or the MFC when it comes to real estate. When re-registering a car, you need to contact the traffic police, if the share in legal entity, then in tax office.

When going to Rosreestr, you should have with you:

passport;
agreements on the number of parties plus a copy for Rosreestr;
a document giving the right to inherit;
technical passports for real estate;
state payment receipt duties.

For this list, the registrar, we are talking about real estate, may additionally require documents, such as: appraisal acts, a certificate from the BTI, a copy of the personal account. Government duty registration fee is from individuals 1000 rubles. The procedure takes no more than 10 days.

The agreement is a variant of the civilized division of the property of a deceased relative. With the right approach, all parties will receive property in the required amount.

Discussions on this section should be open and transparent.
A correct assessment of the allocated shares was made, taking into account their depreciation and market value.
The interests of the obligatory are taken into account.
The compiled document was carefully checked to identify inaccuracies, errors and ambiguous interpretation of the text.
If we are talking about a house or apartment, securities, it is better to have it notarized, giving the document additional legal guarantees.

When dividing, you need to pay attention to which of the citizens participating in it needs this or that thing. As part of a mutual transaction, it is possible to make a profitable exchange of one object for another. Often such a solution serves as a way out controversial situation.

Vladimir

Heirs, if there are two or more of them, who have received the inherited property as shared ownership, may enter into an agreement among themselves on the division of the inheritance. Currently, this is their right, but not their obligation. Therefore, not all heirs can take part in the conclusion of the agreement.

However, it is possible that in the near future, heirs who have inherited housing will be required to agree among themselves which of them will become the sole owner. If no agreement is reached, the property must be sold at mandatory, and the money received from its sale is divided among the heirs in accordance with their shares.

This will happen if State Duma The Russian Federation will adopt amendments to the Civil Code of the Russian Federation regarding issues of inheritance of real estate.

This legislative initiative, which has already caused mixed reactions Russian citizens, will primarily concern those cases where the testator bequeathed his living space to several heirs at once. Or, if in the absence of a will it went to several heirs by law.

The period expected to be allocated for the sale of the apartment is 3 months. With the consent of all owners, the period can be extended to six months. If a buyer cannot be found during this time, the property will be sold at auction.

The authors of the bill refer to international experience and believe that in this way it is possible to put an end to “family wars” for inherited square meters, as well as destroy the illegal schemes of “black realtors” to eliminate share owners.

We will definitely monitor the fate of this bill and inform our readers about it; in this article we will consider the procedure for concluding an agreement on the division of inheritance, based on current Russian legislation.

Attached to the article is a sample agreement on the division of inheritance, which you can download for free and adjust based on your specific situation and use as intended.

Procedure for concluding an agreement

An agreement on the division of inheritance can be concluded between the heirs by their mutual consent.

The current legislation does not establish rules regulating the content of the agreement concluded between the heirs. The requirements that must be met are as follows:

it is not allowed to enter into an agreement that contradicts the law;

the agreement must not violate the rights of heirs who do not participate in it, but who have a share of the property rights subject to division.

It is not allowed to conclude an agreement on the division of property containing real estate without receiving a certificate of inheritance. If such objects are not included in the inheritance, then division is possible even before receiving the above certificate.

Conditions for division of property included in the agreement

The text of the agreement lists the heirs who take part in its conclusion, indicates what specific property is transferred to each of the heirs participating in the agreement, indicating the value of the transferred objects. If the agreement provides for payment of compensation, its amount is indicated.

The heirs have the right to independently, when concluding an agreement on the division of the inheritance, introduce various provisions into it, with which all participants in the division of property agree:

On the transfer into the ownership of one of the heirs of all inherited property belonging in certain shares to all heirs. During the implementation of this clause of the agreement, the general shared ownership for this property.

About changing the size of the share of each of them.

Carry out a division of property in kind, without observing the proportionality of the price of the received part of the property and the heir’s share in the right of ownership.

Include issues of payment of compensation in the agreement or abandon it altogether.

Other provisions that the heirs deem necessary to include in the agreement.

Registration of rights to real estate received under an agreement

Heirs who received real estate objects in accordance with the agreement on the division of inheritance must carry out state registration of the right to these objects in the Office Federal service state registration. Registration is carried out in accordance with the agreement on the division of inheritance. In this case, the heir presents a certificate of the right to inheritance, previously issued by a notary.

If before the conclusion of the agreement on the division of the inheritance, the registration of the right to the property was carried out, then only the agreement on the division is presented.

If the shares of the heirs received by them as a result of the agreement do not correspond to the shares that are due to them on the basis of the certificate of inheritance, this is not a basis for refusal to register the ownership of the received real estate.

A sample agreement on the division of inherited property

The sample agreement on the division of inherited property presented to your attention was developed in accordance with current legislation and is most often found when dividing inheritance.

Agreement on the division of inherited property

(sample)

City N-sk, Moscow region, Russian Federation

The nineteenth of May two thousand fifteen

We, Prokopenko Irina Nikolaevna, born December 10, 1965, living at the address: Moscow, st. Kirova, house N 154, apt. 121 (passport series 60 04, N 215432, issued by the Department of Internal Affairs of the Pervomaisky district of Perm on December 16, 2004),

Sedova Lyubov Nikolaevna, born November 12, 1967, living at the address: Moscow, st. Zhukovsky, house no. 67, apt. 34 (passport series 60 07, N 328671, issued by the Department of Internal Affairs of the Oktyabrsky district of Perm on June 18, 2007),

Kotov Anatoly Nikolaevich, born on January 09, 1971, living at the address: Moscow, st. Voikova, house N 74, apt. 97 (passport series 60 04, N 342127, issued by the Department of Internal Affairs of the Pervomaisky district of Perm on April 17, 2004),

Rudenko Sofya Nikolaevna, born on February 10, 1974, living at the address: Odintsovo, Moscow region, lane. Kirgizsky, house No. 51 (passport 67 06 No. 274398, issued by the Proletarsky District Department of Internal Affairs of Samara on November 18, 2006), have entered into this agreement as follows:

1. According to the certificate of the right to inheritance according to the law, issued by the notary of the city of N-sk, Moscow region, Nelidina R.V. 05/19/2015, according to register N 8954, we are heirs in equal shares each of the property of the deceased Nikolai Semenovich Kotov, consisting of:

residential building No. 17 in Nsk, Moscow region, on the street. Tyutcheva;

Renault car, manufactured in 2012, state license plate M 447 199;

two-room apartment No. 61, located in the city of Nsk in house No. 74 on Sadovaya Street;

land plot with an area of 990 sq.m., located at the address: N-sky district, Moscow region, L-vo village, lane. Svetly, 11.

2. In accordance with Article 1165 Civil Code Russian Federation By this agreement we are dividing the specified inherited property as follows:

2.1. Apartment number 61, located in house number 74 in the city of Nsk, Moscow region, on the street, becomes the property of Irina Nikolaevna Prokopenko. Sadovaya, located on the second floor of a five-story brick building, consisting of one room with a total usable area of 38.1 sq. m. m, including a living area of 18.5 sq. m. Cadastral number of the apartment is 34:28:00 0/16586/B/32, inventory assessment is 978,000 (nine hundred seventy-eight thousand) rubles.

2.2. Residential brick house No. 17 located on the street becomes the property of Sofia Nikolaevna Rudenko. Tyutchev in the city of N-sk, Moscow region; consisting of 4 rooms, with total area 62 sq. m, cadastral number of the house - 37:21:00 0/41634/B-61 worth 800,000 (eight hundred thousand) rubles.

2.3. The property of Lyubov Nikolaevna Sedova becomes a Renault car, manufactured in 2012, chassis No. 14509, engine No. 4738, state license plate M 447 199, worth 360,000 (three hundred sixty thousand) rubles.

2.4. The property of Anatoly Nikolaevich Kotov becomes the property of land plot with an area of 990 sq. m, located at the address: N-sky district of the Moscow region, village L-vo, lane. Svetly, 11. Cadastral number: 34:38:0060209:726, worth 967,000 (nine hundred sixty-seven thousand) rubles.

3. No additional payment taking into account the difference in the objects of inherited property is made by the parties.

4. Costs associated with technical training and the conclusion of this agreement are paid to Prokopenko I.N.

5. This agreement is drawn up in five copies, one of which is kept in the files of the notary of the city of Nsk, Moscow region, R.V. Nelidina. and one copy was received by each party to this agreement.

Prokopenko Irina Nikolaevna

Sedova Lyubov Nikolaevna

Kotov Anatoly Nikolaevich

Rudenko Sofya Nikolaevna

Notary's signature

In conclusion, it should be noted that an agreement on the division of inheritance can be certified by a notary, but this is not mandatory requirement. Current Russian legislation It is also possible to conclude an agreement on the division of inheritance in simple written form.

When a close relative dies, it becomes topical issue division of the property acquired by him. If there is only one heir, everything according to the law will go to him. If everything has to be divided between the parties, it is necessary to take into account the personal interests of each. If a will has been drawn up, the shared ownership of the heirs is registered in it.

If the division of ownership will be carried out by law, the best option would be to draw up an agreement on the division of property. Familiarize yourself with the procedure and rules for compiling the said act The following publication will help you.

What is an inheritance division agreement and how to draw it up?

An agreement on the division of inherited property is an agreement, the content of which indicates the desire of the participants in the process to divide the property. A document is drawn up in writing between several parties to the process who claim a portion of the inherited property. The procedure for concluding an agreement on the division of inheritance between heirs is prescribed in Article 434 of the Civil Code.

To draw up such a document, the first thing you need to do is contact a notary, and after a while receive from him a certificate of the right to inheritance. When all persons claiming the share contact a specialist and sign the papers, the number of heirs will be determined.

When is an inheritance division agreement drawn up?

Six months after the death of the testator, a settlement agreement on the division of the inheritance is drawn up, which indicates information about the heirs, a description of the property and the size of the share of each party. It is after this period that all parties will receive a certificate of title and will be able to divide the property.
Division of movable property between heirs can be made immediately after death close relative, in this case there is no need to obtain a certificate of inheritance.

Agreement on the division of inheritance between heirs - sample

The presented agreement is drawn up in accordance with established by law norms. Its contents must indicate the key points of the transaction. These should be highlighted:

Place and date of conclusion of the agreement;
All data of the heirs and testator, including the information specified in the passport;
Description of the inherited property indicating all data;
Shares of each participant in the transaction;
Signatures of the parties.

The document can be drawn up in a simple form or according to a sample. An agreement form can be obtained from a lawyer.

Agreement on division of inheritance with payment of compensation - sample

When dividing property, disputes may arise between the parties to the transaction - some claimants may demand compensation. Sometimes such disputes go to court because one of the parties is dissatisfied with its share of the property. The heirs can resolve this dispute among themselves by transferring the property or paying monetary compensation to the dissatisfied party. Moreover, compensation is paid from common property and not to the detriment of the interests of only one person.

In the event of such a conflict, an agreement on the division of the heritage with payment of compensation is drawn up according to the sample, which indicates the payment procedure Money claiming party. The example presented below complies with all the rules for drawing up a document. Based on the example, it is recommended to draw up an agreement, including the necessary points.

Agreement on division of inheritance with the participation of a minor - sample

A child, just like an adult, can inherit the property of a deceased person by will or by law. The Civil Code of the Russian Federation protects the rights of children, therefore minors are considered first-priority heirs if the will is divided according to law.

Article 1149 of the Civil Code of the Russian Federation states that minor heirs of the deceased have the right to obligatory share regardless of the contents of the will. They are required to receive at least fifty percent of what they would have inherited by law if there had been no will.

If a child who has not reached the age of majority takes part in the division, the agreement is filled out and signed on behalf of his legal representative. The legal representative can obtain a sample document from the notary.

Cost of an inheritance division agreement with a notary

All activities of notaries must comply with the law. When preparing documents, the specialist performs two types of actions:
Certificate. He certifies the agreement between the parties, that is, he makes sure that the personal interests of everyone are satisfied and that everything happens in accordance with the law of the Russian Federation.
Witnessing. This procedure includes verifying the authenticity of all copies and signatures of the parties.

Prices for notary fees are regulated by law, so they are the same for all specialists. However, he also performs services as a specialist legal nature and technical, therefore the cost of notary services consists of the cost of tariffs and services.
During the registration process, the notary issues a certificate of inheritance to relatives claiming the property; the cost of this activity is approximately as follows:

For spouses, children and parents, this is 0.3 percent of the total cost. This amount cannot exceed one hundred thousand rubles.
The tariff for other heirs is 0.6 percent of the total cost.
The amount cannot exceed one million rubles.

By concluding an agreement on the division of inherited property the personal interests of each party can be taken into account. In this case, the allocated shares may be disproportionate. Heirs who receive a smaller portion of the property may be provided with compensation, subject to the consent of the remaining persons entering into the inheritance. The inequality of the shares of the heirs determined in the agreement, in comparison with the parts due to them specified in the certificate of inheritance, does not entail a refusal to register rights to real estate. It is not allowed to conclude an agreement on the division of real estate before the heirs receive a certificate of the right to inheritance. But it is possible to carry out the division of movable things, property rights and obligations. Not notice legal representatives heirs of the guardianship and trusteeship body when concluding an agreement with persons who do not have legal capacity in in full, entails its invalidity. By a settlement agreement, persons may be allowed to inherit other participants(for example, distant relatives).

Conditions for division of property by agreement

An agreement on the division of property by heirs is concluded after six months from the date of opening of the inheritance (death of the testator), provided that the number of heirs is precisely determined. Conclusion the specified document possible both in inheritance by law and by will. When making a division by agreement, the shares of the heirs may be disproportionate to each other.

Established by law preemptive right inheritance in situations:

the right to inherit household furnishings and household items belongs to the person who lived with the testator at the time of death (Article 1169 of the Civil Code of the Russian Federation),

when inheriting rights related to participation in a consumer cooperative (Article 1177 of the Civil Code of the Russian Federation), inheriting an enterprise (Article 1178 of the Civil Code of the Russian Federation), inheriting the property of a member of a peasant (farm) enterprise (Article 1179 of the Civil Code of the Russian Federation),
When inheriting an indivisible property, priority goes to the person who:
- had common property on it, and others did not use it and are not co-owners,
- used the item, but other heirs did not use it and are not the owners,
- lived in a residential building or apartment on the day of death and has no other home, and other heirs do not have ownership rights to it.

Division of inherited property is permissible within three years from the date of death of the testator (Article 1164 of the Civil Code of the Russian Federation). If the specified period is missed, the heirs lose the advantages granted to them in inheritance of its individual types.

Form of property division agreement

Apply to the separation agreement general rules about the form of transactions and contracts, that is, it is enough simple written form and there is no need for notarization (Article 161, Article 434 of the Civil Code of the Russian Federation). The agreement is civil contract, accordingly it is necessary to define it essential condition, namely - item (movable and immovable property) and its value. It may also provide for the division of the testator's debts in proportion to the inherited shares.

Procedure for dividing inheritance by agreement

It should be taken into account that registration of heirs’ rights to real estate is made on the basis of a certificate of inheritance (which is issued by a notary six months from the date of death of the testator) and an agreement on the division of real estate.

For your information

The conclusion of an agreement on the division of real estate is not allowed until a certificate of inheritance is received.

Therefore, there are two possible options for registering real estate. Option one- on the basis of an agreement on the division of inheritance and a certificate of the right to inheritance. If earlier there was an initial registration of rights to real estate on the basis of a certificate of inheritance, and subsequently the heirs entered into an agreement on its division, then the subsequent registration of rights under the agreement is carried out on the basis of this document.

Before receiving a notary certificate of the right to inheritance, division of movable property is possible.

If the heirs include minors, incompetents, or those with limited legal capacity, then the representatives (parents, guardians, trustees) are required to notify the guardianship and trusteeship authority about the conclusion of this agreement. The refusal of this body to allow the conclusion of this transaction is being challenged in court. This rule does not apply when dividing inheritance in court or minor citizens already have legal capacity as a result of emancipation (Article 27 of the Civil Code of the Russian Federation) or registration of marriage by the registry office.

If the shares are disproportionate according to the agreement, the heirs have the right negotiate counter-compensation either in the form of property from the hereditary estate, or sum of money. But if the owner’s share is small, cannot be allocated in kind and does not have a significant interest, then the court may decide to pay money without the consent of the participant.

When an heir realizes an advantage for items of ordinary home furnishings and household items, the payment of monetary compensation does not require the consent of the other heir. But do not belong to household items antiques, luxury items, works of art with historical and artistic value, libraries, personal belongings of the testator.

Attention

The Supreme Court of the Russian Federation clarified that an agreement on the division of an inheritance made to cover up another transaction with an inheritance (for example, on the payment of money to an heir or the transfer of property that is not part of the inheritance, in exchange for renouncing rights to inherited property), insignificant. Also, the agreement may provide for the refusal of inheritance by one of the participants in the inheritance.

Settlement agreement on the division of inherited property

Failure of the heirs to reach a compromise on the terms of the division of property does not subsequently deprive them of the opportunity to conclude an agreement in court. Court approves the settlement agreement, signed by the parties, if it does not affect the rights and interests of other persons, refuses its approval during the division of property with the participation of heirs who did not accept the inheritance, or heirs who have acquired ownership rights only to specific inherited property. The proceedings are terminated if the court approves the agreement concluded between the heirs.

When considering a settlement agreement, the court has the right involve others in the matter who do not declare their claims (creditors, caregivers, burial). This is necessary in order to determine the circle of persons who will reimburse the debts and expenses of the testator in proportion to their shares. But it is also possible debt forgiveness by specified persons, which is desirable to be reflected in the document.

The parties can enter into a settlement agreement even during court proceedings. claim for invalidation of a will, which is not a violation of the will of the testator, since a person, having acquired ownership of property, can dispose of it at his own discretion.

The most common cases of concluding a settlement agreement are in disputes between heirs who have entered into an inheritance and missed the deadline for its acceptance.

Dmitrieva D.S. In 2012, she filed a lawsuit against her sister L.P. Dmitrieva, wanting to claim the share of property inherited after the death of their mother. She asked for the restoration of the period for accepting the inheritance, recognition by the heir who accepted the inheritance, and recognition of the right of ownership to it by law. IN trial a settlement agreement was concluded under which she received monetary compensation for ½ share of the disputed apartment.

However, subsequently, she filed private complaint to the court ruling and asked to cancel the concluded settlement agreement. Dmitrieva D.S. claimed that she had not carefully read the text of this document and it did not establish the market value of ½ share of the disputed apartment.

The panel of judges left the complaint unsatisfied, since this agreement does not contradict the law, does not violate the rights and interests of persons, contains a specific version of the division and the value of its share was determined by the parties.

On the desirability of concluding an agreement between the parties to the proceeding judicial trial evidenced by the fact that the court cannot always satisfy the interests of the parties.

Kuznetsova A.O. In 2015, she filed a lawsuit against her brother Kuznetsov I.O. on the division of inherited property with a priority right to a room, since it does not have any other residential premises on the territory of the Russian Federation.

She asked to be given the room as her sole property, and the defendant to have everything else (garage, car). During the proceedings, it was established that the sister permanently resides in the United States and was registered in the room after the death of her father.

The court rejected the claim because the parties' shares in the property rights are equal, the allocation of a share in kind is impossible due to the indivisibility of the room, an agreement on the procedure for dividing the inheritance between the parties has not been reached, and there is no expression of the brother's will for his sister to pay him monetary compensation.

Based on the judicial determination upon approval of the settlement agreement, the rights to real estate can be registered in Rosreestr.