Establishing the Fact of Inheritance Acceptance and Recognizing Ownership Rights to a 1/5 Share of an Apartment

Case Profile

The Background

Following the death of her daughter in 2015, our Client (the mother) became the sole heir to a 1/5 share of a Moscow apartment. However, due to severe emotional distress, she failed to apply to a notary within the statutory six-month timeframe. In 2021, several years after the daughter's passing, the notary refused to issue a certificate of right to inheritance, citing the missed deadline.

Despite this, our Client had actually taken possession of the inherited property: she continued living in the apartment, regularly paid utility bills, preserved her daughter's personal belongings, and took all necessary measures to maintain the housing. These actions fully comply with the criteria for actual acceptance of inheritance under the Civil Code of the Russian Federation and Supreme Court guidelines.

To legally confirm title to the share and record her ownership in the USRN, KDpartners lawyers prepared and filed a lawsuit seeking to establish the fact of inheritance acceptance and recognize ownership rights.

Client Risks

The central risk for our Client was the permanent loss of ownership of the 1/5 share in the Moscow apartment, which carries a cadastral value of nearly RUB 2.8 million.

Missing the six-month statutory deadline to apply to a notary created a risk of the property being declared escheat, potentially transferring the share to the City of Moscow. This could have led not only to the loss of real estate, but also to complex property litigation with municipal authorities.

Furthermore, lacking a registered title in the USRN prevented our Client from freely disposing of the real estate (including bequeathing or gifting it).

Legal Defense & Strategy

KDpartners lawyers drafted and substantiated a statement of claim to establish the fact of inheritance acceptance and confirm ownership title.

A comprehensive evidence package was presented to the court demonstrating actual entry into possession:

• utility bill payment receipts for the apartment paid within six months of the deceased's death;
• archival records and witness testimonies confirming that the Plaintiff preserved her daughter's personal effects and openly used the dwelling;
• debt-clearance certificates and other records proving continuous maintenance and upkeep of the property.

The legal strategy was built on Articles 1152–1154 of the Civil Code of the RF and judicial clarifications from the Plenum of the Supreme Court of the RF, which stipulate that inheritance acceptance can be demonstrated not only by formal notary application but also through actions indicating actual possession and preservation. The lawyers proved that our Client performed these necessary acts precisely within the six-month statutory period.

The court fully agreed with the defense arguments, deeming the submitted evidence relevant and sufficient.

The Outcome

The Koptevsky District Court of Moscow granted the claims in full:

• officially established the fact of our Client's inheritance acceptance following her daughter's death;
• recognized our Client's ownership right to a 1/5 share of the apartment in Moscow;
• confirmed the court judgment as the direct legal instrument for state title registration in the USRN.

Thanks to the work of the KDpartners team, the Client avoided property loss, fully restored her legal rights, and gained the ability to freely dispose of her share.