Inheriting an Apartment: How to Formalise It

Where an inheritance begins

An inheritance opens on the day the owner dies. From that day the heirs have six months to accept it. People inherit under a will or, if there is none, by law in order of priority; as a rule, the first in line are the deceased's children, spouse and parents.

Accepting an inheritance means claiming your right. The simplest and safest way is to apply to a notary at the place where the inheritance opened, usually the deceased's last place of residence. The law also recognises acceptance in fact, for example when an heir lives in the apartment and pays for it, but that will still have to be proven with documents later. If you live abroad, the application can also be filed through a representative with a power of attorney; ask the notary which documents are needed.

Step by step

1. Obtain the death certificate.
2. Go to a notary and file an application to accept the inheritance; better not to leave it to the last month.
3. Gather the documents: proof of kinship (birth and marriage certificates), the will if there is one, and details of the apartment, such as the ownership certificate number or the cadastral code.
4. The notary will request information from the Cadastre and other bodies. If there are several heirs, their shares will be stated in the certificate.
5. Receive the certificate of inheritance from the notary.
6. Register the right with the Cadastre: through the notary, online on e-cadastre.am or with the help of an advisory centre.

Until the heir's right is registered, they cannot sell or give away the apartment: the register still shows the deceased as the owner. If there are several heirs, after registration the apartment will be in their shared ownership, and they will have to sell it together or agree that one of them buys out the others' shares.

If the deadline was missed

Missing the six-month deadline is one of the most common problems. There are two ways out. The first involves no court: an heir can accept the inheritance after the deadline if all the other heirs who accepted it on time agree (Article 1228 of the Civil Code). The second is through the courts: if the reason for missing the deadline is valid, for example the heir did not and could not know about the death, the court may recognise them as having accepted the inheritance. The claim must be filed within six months after the reason ceased. The notary will tell you which route suits your case.

Taxes and costs

Under Armenia's Tax Code, property that an individual inherits from another individual is not subject to income tax. You will pay for the notary's services and for registering the right with the Cadastre; check the exact amounts with the notary and on e-cadastre.am before filing.

Also check any debts left on the apartment, for property tax and utilities. They will have to be settled when you sell anyway, and a tax debt suspends registration of the deal. The deceased's own debts, including to a bank, generally pass to the heirs together with the property, so discuss this with the notary and the bank in advance.

Buying an inherited apartment?

• Check in the unified Cadastre extract that the heir is already registered as the owner.
• Ask how many heirs there were and whether all of them received their shares. If there are several owners, all of them must sign the contract.
• Ask to see the certificate of inheritance.
• If the inheritance was formalised very recently, ask the notary whether there were disputes or other claimants. If in doubt, don't rush the deposit.

Key points

• You have six months from the owner's death to accept the inheritance.
• The safe route is an application to a notary; the result is a certificate of inheritance.
• The apartment becomes yours in everyone's eyes only after Cadastre registration.
• An inheritance from an individual is not subject to income tax; you pay for the notary and registration.
• Missed the deadline? Go to a notary at once: the other heirs' consent or a court may still help.