Moștenirea unui apartament implică mai multe etape legale și administrative, iar simpla succesiune nu este suficientă pentru a deveni proprietar cu acte în regulă. Iată ce pași trebuie urmați după moștenirea unui imobil, pentru a evita eventualele probleme juridice.
To become the legal owner of an inherited apartment, follow these organized steps:
1. Check for a Will: Verify if there is a valid will that specifies the inheritance. If not, the inheritance typically goes to the next of kin according to legal succession laws.
2. Obtain the Certificate of Inheritance: This legal document is necessary to prove your right to inherit. It is usually obtained through a notary or legal professional.
3. Register the Property:
- OCPI Filing: Submit the required documents (death certificate, inheritance certificate, property deed, building plans) to the Land Registry and Real Estate Office (OCPI).
- Registration Tax: Pay a tax of 0.15% of the property's value. If processed within two years of the death, inheritance taxes are exempt.
4. Local Tax Registration: Register the property with the local tax office to handle annual property taxes.
5. Division Among Heirs (if applicable):
- Mutual Agreement: Heirs can agree on the division, possibly through a notarized document.
- Court Process: If agreement is not reached, a court may divide the property.
6. Consider Costs:
- Notary Fees: Vary based on property value (e.g., ~2,000 lei for a 100,000 euro apartment).
- Mortgage Handling: Address any existing mortgages, whether by paying them off or transferring the loan.
7. Consult a Legal Expert: Ensure all steps are followed correctly to avoid legal issues.
By systematically addressing each step, you can secure your legal ownership of the inherited apartment efficiently.
