The process of entering into an inheritance is complicated by a number of features and nuances that must be taken into account. First of all, you should understand when inheritance opens . Then, when the moment of opening the inheritance has occurred, the heirs should decide in what order it is necessary to accept (register) the property of the deceased - according to the law and according to the will . Each of them has its own characteristic features and stages.
According to the law, the period for entering into an inheritance is six months from its opening. But if there are good reasons, it can be restored by a court decision.
As with any other procedure for transferring property, to register an inherited apartment, a certain package of documents , which is provided to the notary along with an application for a certificate of inheritance (hereinafter referred to as the certificate). After paying the state fee and the expiration of six months, the notary issues the specified certificate.
Having entered into an inheritance, the heir needs to apply to Rosreestr to register the right to the apartment, providing the necessary documents and paying the state fee. The two above-mentioned state fees are the main expenses of the heir when receiving inherited property.
Time to open inheritance
According to the general rule established by Art. 1114 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the time of opening of the inheritance is recognized as the moment of death of the testator. However, there are some features that are associated, first of all, with the impossibility of accurately establishing the moment of death of a citizen:
- if a citizen is declared dead by a court decision - from the moment such a decision enters into legal force;
- in the case of recognizing the date of death of the presumed day of death - the day and moment of death, which are established by a court decision.
The Civil Code of the Russian Federation contains a provision according to which citizens are considered to have died at the same time if they died on the same day , that is, they do not inherit from each other. This provision is established for the purposes of hereditary succession . The norm in question applies if it is impossible to specifically determine the moment of death of each of them.
In this situation, the heirs of the deceased separately to inherit.
Is state duty a requirement?
Payment of state duty is a mandatory condition for inheriting rights to property. But the law provides exceptions for a certain category of citizens. Individual applicants may be exempt from such burdens as state fees. This possibility is provided for by the tax code, namely Article 333.38.
The following are exempt from state duty:
- successors of a deceased citizen taking part in social work;
- disabled people;
- heirs who, at the time of the testator’s death, lived with him in the same living space.
Ways to accept an inheritance
After the death of a citizen and the opening of an inheritance, the stage of its acceptance by the heirs follows. That is, acceptance of an inheritance is the transfer of the testator’s property to his heirs. In general, inheritance is passed on in two ways:
- in law;
- by will.
This list is clearly established by civil law, that is, no other methods of inheritance are provided .
To accept the inheritance, the heir needs to perform a number of actions . The first of these will be the heir filing an application to accept the inheritance, or to issue a certificate to the notary at the place where the inheritance was opened. If the application is not submitted in person, but is transferred by another person or sent by mail, then the heir’s signature must be notarized .
Art. 1153 of the Civil Code of the Russian Federation provides for the possibility of accepting an inheritance with the help of a representative , however, in this case, the power of attorney must indicate the right to such acceptance. In the case of a legal representative, such a document is not required .
In addition, the heir accepted the inheritance (if there is no evidence to the contrary) if he performs actions indicating his acceptance of the inheritance in fact. Such actions can be expressed as follows:
- began to manage or own inherited property;
- took measures to protect and preserve such property;
- incurred expenses aimed at maintaining the property;
- received the testator's funds due to him or paid the testator's debts.
In law
Methods of inheritance differ primarily in the circle of persons who act as heirs. According to ch. 63 of the Civil Code of the Russian Federation, when inheriting by law (if the testator does not have a will), queues are established. The heirs of the first stage are:
- children of the testator;
- spouse of the testator;
- his parents.
The second line includes:
- brothers and sister (full and half-blood);
- grandparents (both on the father's and mother's sides).
The third line consists of full and half brothers and sisters of the testator’s parents (that is, his aunts and uncles).
Further queues (fourth, fifth, sixth) correspond to the degrees of relationship - third, fourth and fifth, respectively (according to Article 1145 of the Civil Code of the Russian Federation).
The absence of all heirs of the first stage means the transfer of the right of inheritance to the second stage and beyond.
Only the above-mentioned persons have the right to contact a notary with an application for acceptance of the inheritance (issuance of a certificate).
By will
A citizen can dispose of his property after death in only one way - by making a will . In this document, the testator has the right to indicate any persons without explaining the reasons for including a particular person in the will (Article 1119 of the Civil Code of the Russian Federation).
In this case, persons claiming inheritance are strictly limited by the text of the will.
How much does it cost to register an inheritance and what does the amount consist of?
In accordance with the requirements of the Tax Code of the Russian Federation, the state duty is paid immediately before contacting a notary . In other words, before going to a notary’s office regarding inheritance issues. The heirs pay a certain amount of state duty (according to the degree of relationship) at bank institutions. More often in Sberbank, because in commercial banking services such as an additional receipt will increase your expenses.
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“Professional Code of Notaries of the Russian Federation” of 2001 in paragraph 7.3 of Section III: “notary. should not allow transfer of functions via . production of originals, reproduction of documents to persons other than employees of a notary’s office.” But in practice, not everyone follows the code, which is advisory in nature.
When can you enter into an inheritance?
According to Art. 1154 of the Civil Code of the Russian Federation, the general period for accepting an inheritance is six months from the date of opening of the inheritance.
It is important to remember the specifics of the moment of opening the inheritance. If the right to inheritance arises in connection with the heir’s refusal of the inheritance, or for other reasons (Article 1117 of the Civil Code of the Russian Federation) he does not inherit the property, then the period is calculated from the moment such a right arises and is six months.
If such a right arose only due to the failure of other heirs to accept the inheritance within the prescribed period, then the inheritance can be accepted within three months after the expiration of the six-month period.
Example
Nikolaev S.A. was the only heir of the first stage. Within the period established by civil law, he did not accept the property that was transferred to him by law. Therefore, Larkova N.N. the right arose to accept the inheritance due to the fact that she is the heir of the second stage, and there were no other heirs of the first stage, except for Nikolaev, who did not accept the inheritance.
In connection with these circumstances, Larkova contacted the notary’s office with a corresponding application and entered into an inheritance of the property of the testator transferred by law.
What to do if the deadline for entering into inheritance is missed
There are a number of circumstances that could prevent the heir from accepting the inheritance. Some of them serve as the basis for reinstating the missed deadline. Thus, the court has the right to restore the missed deadline if the heir did not know and should not have known about the opened inheritance. The court may accept other reasons for missing a deadline as valid.
There is a condition according to which an application for restoration of the deadline must be submitted within six months after the reasons for missing the deadline have ceased. In this case, the court determines the shares of the heirs and measures to protect their rights.
In this case, previously issued certificates of the right to inheritance are considered invalid .
Clause 2 Art. 1155 of the Civil Code of the Russian Federation provides for the acceptance of an inheritance after the period established by civil law and without a court decision. This requires the written consent of all heirs. It is given in the presence of a notary, or the signature under such consent must be witnessed by a notary or persons authorized to do so. After receiving consent, the notary cancels previously issued certificates and issues new ones.
When registering the right to an apartment with the competent authority, the newly issued certificate (together with the previously issued one) serves as the basis for registering the transfer of the right to such property.
Approximate prices for basic services
In addition to the state fee, you will have to spend quite a bit of money when completing paperwork with a notary. The final amount of expenses depends on what services the heirs will use.
Approximate prices for basic services are as follows:
- Application for acceptance of inheritance - 1000 rubles.
- Application for refusal of inheritance – 1000 rubles.
- Certificate of a closed will - 600 rubles.
- Registration of a certificate of ownership – 1000 rubles.
- Opening a will – 300 rubles.
- Preservation of inherited property – 600 rubles.
The lawyer also provides technical services. These include making photocopies, preparing documents, powers of attorney, forms, and so on. In addition, the notary's office can offer support services in inheritance matters. The fee for it can be quite high.
Payment for services involving several heirs is made by each of them.
List of documents for inheriting an apartment
To enter into an inheritance, you need to collect a certain package of documents. Regardless of what property is inherited, the following documents :
- death certificate (or court decision in cases established by law);
- a certificate from the testator’s last place of residence (extract from the house register or apartment card);
- documents confirming relationship (in case of inheritance by law, for example, marriage or birth certificate);
- will (in case of inheritance under a will);
- passport.
When inheriting an apartment, in addition to the above documents, you must provide the following documents:
- title documents for the apartment;
- documents confirming the absence of debt on utility bills;
- certificate from the BTI.
The listed documents are sufficient to inherit an apartment.
However, in cases established by law, a notary may require the provision of additional documents not included in the above list.
What else should you pay attention to?
Read Article 333.38 of the Tax Code of the Russian Federation. It lists the types of property and categories of citizens who are exempt or pay state duty at a reduced cost. The preferential category includes:
- heirs under 18 years of age;
- persons with mental disorders;
- disabled people falling under the first or second categories pay 50% of the state fee.
When entering into an inheritance, you will have to pay the most for a certificate confirming the right to inherit. The certificate indicates the estimated value of the real estate. You can order a property valuation in the following places:
- from independent appraisers;
- from cadastral engineers;
- in BTI.
If you have several appraisals on hand, you can transfer to the notary the one that indicates the minimum value. This will reduce the state duty and save money.
Obtaining a certificate of inheritance
Without a certificate, further registration of rights to real estate received as an inheritance is impossible. To do this, you need to contact a notary with an application to issue a certificate (Article 1153 of the Civil Code of the Russian Federation).
This application must include the following information:
- Full name of the testator and heir;
- moment of death and last place of residence of the testator;
- basis of inheritance (by law or by will);
- date of application, signature.
information about other heirs , the composition and location of the inherited property may be indicated
The application is submitted within six months from the date of death of the testator.
After submitting the application, you must prepare and provide the notary with the necessary documents (their list may be indicated by the notary when submitting the application). For the issuance of a certificate by a notary, you must pay a state fee . In this case, a receipt for payment is attached to the general package of documents.
The certificate is issued by a notary after six months from the date of death of the testator. The legislation provides for the issuance of a certificate earlier than the specified period , however, the condition specified in paragraph 2 of Art. 1163 of the Civil Code of the Russian Federation - the presence of reliable information that there are no other heirs .
In general, notaries rarely issue a certificate before the deadline established by law.
Cost of processing other related documents:
- A duplicate/copy of an official document will cost 100 rubles;
- A certificate confirming the fact of cancellation of the will costs 500 rubles;
- The service of certifying a will costs 100 rubles;
- A certificate confirming the applicant’s refusal of the inheritance is issued for 100 rubles;
- A certificate declaring the recipient’s desire to step into inheritance rights costs 100 rubles.
In addition to paying for notary services, there are other expenses at the stage of inheritance. The list of documents and the cost of their preparation depend on the type of inherited object. For example, when re-registering bank deposits, you will need to pay for an official certificate from a banking institution, which confirms the presence of the amount in the testator’s account. When registering a land plot, you must issue a certificate confirming the absence of debts.
Registration of ownership of an apartment after inheritance
After receiving the certificate, you must contact Rosreestr with an application to register the right to the inherited apartment. To do this you must provide:
- identification document;
- certificate of inheritance;
- Other documents that were provided to the notary to obtain a certificate;
- Receipt for payment of state duty.
Rosreestr reviews the application and, if the decision is positive, makes an entry in the Unified State Register of Real Estate, which notifies the applicant .
Registration of real estate in the name of the new owner occurs within 3 working days when contacting the registration authority directly, and 5 working days through the MFC (clauses 9, 10, article 16 of the Federal Law of July 13, 2015 No. 218-FZ “On State registration of real estate").
Where is the state duty paid?
Services provided by a notary are paid directly to the authorized person. Only after making this payment, the heir confirms the legal significance of his actions. The certificate of inheritance will be recognized as valid.
Payment for notary services when entering into an inheritance includes the following steps:
- Receive payment details.
- Make payment at the appropriate institution or in another way provided by law.
- Provide a receipt.
Payment can be made at a bank, post office, or using a terminal. Modern means of payment also have weight. Payment can be made using the Internet. In this case, you need to print the receipt yourself. For additional payments, payment is made in the same way.
How much does it cost to inherit an apartment?
The heir will have to bear the first costs when collecting documents that must be provided to the notary to obtain a certificate. The cost of certificates varies from region to region, but in general their cost is not significant . The largest cost for the heir will be the payment of the state fee for issuing the certificate .
In accordance with paragraphs. 22 clause 1 art. 333.24 of the Tax Code of the Russian Federation (TC RF), the following fee is charged for the issuance of a certificate (both by law and by will):
- children, spouses, parents, full brothers and sisters of the testator - 0.3% of the value of the property, but not more than 100 thousand rubles ;
- other heirs - 0.6% of the value of the property, but not more than 1 million rubles .
Next, ownership of the real estate is registered with the registration authority (Rosreestr). For such a procedure, a fee is also charged, which is established by paragraphs. 22 clause 1 art. 333.33 Tax Code of the Russian Federation:
- for individuals - 2,000 rubles;
- for legal entities - 22,000 rubles.
How much does a will cost?
Do not forget that drawing up a will through a notary is a paid service. Its cost is determined by two components. The first part is the state duty, the second is the tariff for the service in force in a specific notary office. The amount of the state duty is fixed, it is the amount of 100 rubles. Notary services are priced differently in different offices, but often their cost is no more than 100 rubles.
Completion of the procedure for re-registration of inheritance - obtaining a certificate. Before issuing it to the heirs, it is better to first meet with a notary, discuss all the nuances, and verify information about the property.
So how much do notary services actually cost when registering an inheritance? Let's figure it out
The surviving spouses of the testator will have to bear additional costs associated with the allocation of the marital share in the jointly acquired property. Directly for the application for the allocation of a share you need to pay 900 rubles. Another 200 rub. – this is the state duty for issuing a certificate for the spouse’s share. In addition, funds are paid for technical and legal work.
Let's look at how much it costs to formalize or enter into an inheritance with a notary in different regions. It’s worth clarifying right away that the maximum fee for technical and legal work is given here. The notary himself, at his own discretion, has the right to set reduced rates.
What are the features of inheritance registration?
All the property of a deceased person is transferred to his relatives or strangers, who are called heirs. This procedure is regulated by civil law. In order for the heir to be able to fully dispose of the received property, it is necessary to follow the official procedure for its acceptance by a notary, as required by civil law.
Most often, the heirs are relatives of the deceased, but not always. If he took care of drawing up a will in advance, then the property will be given to those persons designated in it, regardless of relationship. The main requirement is that the will must be certified by a notary.
This method is called inheritance by will. Read more about it in our special article. The duty of a notary is to verify the sanity of the testator, so you need to write a will only when you are in adequate condition. Violation of this principle serves as the basis for appealing the will in the courts.
When it was not drawn up during life, we are talking about inheritance by law. This method requires formal registration of the inheritance with a notary, since it is necessary to give all heirs the opportunity to present their claims to the share.
The heirs are divided into 8 separate queues. The very first includes children (official), spouses (not ex-wife) and parents. If they are absent or refused to participate, the inheritance is transferred to persons from the following queues.
The main condition is the absence of special circumstances provided for by civil law. A classic example is inheritance by right of representation, which is discussed in a special article on our portal.
How much does it cost to register an inheritance with a notary in 2020?
To enter into an inheritance, a person must write an application in the presence of a notary officer. There is a charge for this action. Its size depends on the established tariff. The cost of notary services when registering an inheritance consists of the state duty, the amount of which is fixed in Article 333.24 of the Tax Code of the Russian Federation, and payment for technical and legal services of employees. The organization sets this indicator independently.
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The law allows you to register a will with a notary. The document guarantees that the property will be received by the person chosen by the property owner. A person must first find out what percentage is charged for carrying out an action in a notarial manner.
