Publication date: 11.06.2024
Legal aspects of the sale of inherited real estate
The sale of inherited real estate has its own peculiarities and legal nuances. The heir needs to know all the subtleties of this process in order to avoid legal problems and risks. In this article, we will look at the main legal aspects of the sale of inherited real estate, using concepts such as legal opinion, lawyer's advice, lawyer's help online, lawyer online, written advice.
Registration of inheritance
Before selling inherited real estate, it is necessary to properly issue inheritance rights. This includes:
- Submitting an application for acceptance of inheritance to a notary public. The application must be submitted within six months from the day the inheritance was opened.
- Issuance of a certificate of the right to inheritance. This certificate is issued by a notary after six months from the day of the opening of the inheritance, provided that there are no disputes between the heirs.
- Registration of property ownership in the appropriate register. For this, it is necessary to contact the State Registrar of Rights to Immovable Property.
At this stage, it will be useful to obtain a legal opinion from a lawyer to make sure that all procedures are correct and to avoid mistakes.
Preparation for the sale of real estate
After registration of all inheritance rights, you can start preparing for the sale of real estate. For this you need:
- Real estate appraisal. It is important to determine the market value of the object. This can be done by contacting a professional appraiser.
- Preparation of necessary documents. These include:
- A certificate of inheritance.
- A document confirming ownership of real estate.
- Technical passport for real estate.
- Certificate of no arrears on utility payments.
Consultation with a lawyer will help to make sure that all documents are prepared correctly and meet the requirements of the law.
Sales procedure
The sale of inherited real estate is carried out in several stages:
- Finding a buyer and concluding a preliminary contract. At this stage, it is important to check the buyer's solvency and intentions.
- Drafting and signing of the main sales contract. The contract must be drawn up in writing and notarized.
- Settlements between the parties. Payment for real estate can be made both in cash and non-cash, as agreed by the parties.
- Registration of transfer of ownership. After signing the contract, it is necessary to register the buyer's ownership in the State Register of Real Property Rights.
Tax aspects
The sale of inherited real estate is subject to taxation. The seller is obliged to pay personal income tax (PIT) and military service. A lawyer's written consultation will help you understand all the tax nuances and avoid misunderstandings with the tax authorities.
Resolution of possible disputes
In the process of selling real estate, disputes may arise, for example, regarding the legality of inheritance or the terms of the contract. In such cases, the help of an online lawyer will be indispensable. An online lawyer will provide the necessary legal support, prepare all the necessary documents and protect your interests in court.
Conclusion
Selling an inherited property has a number of legal aspects that must be considered in order to successfully complete the transaction. Correct registration of inheritance rights, preparation of the necessary documents, compliance with the sales procedure and consideration of tax aspects - all this is the key to a successful transaction. Consultation of a lawyer, legal opinion and help of a lawyer online will allow you to avoid mistakes and ensure the protection of your rights and interests.
