The process of registration of the inheritance as a whole is not complicated, but it will take a lot of time and money. Of course, if you have, for example, inherited furniture or household appliances, then you will not need any supporting documents. But if it comes to real estate or a car, then you should definitely learn how to arrange an inheritance.
Where to start the heir?
To obtain an inheritance, you first need to take some actions:
- Obtain authority to own or manage property;
- pay debts of the testator or claim them from third parties;
- take measures to protect and save property from encroachments on him;
- pay for the maintenance of the hereditary mass.
Initially, a person who plans to receive an inheritance should contact a notary. To do this, prepare the following documents:
- death certificate;
- papers that confirm your relationship with the testator (for example, a birth or marriage certificate);
- documents for the property that should be inherited (certificate of ownership, registration of a car, certificate of inheritance, registration certificate for a garage, certificate from BTI, a document on ownership of a land plot, etc.);
- a will marked by a notary who certified it that it was not canceled or changed (in case the testator made an order with his property during his life).
Opening place
Before making an inheritance a property, a citizen needs to confirm the place of opening of the inheritance with a notary. According to the law, it will be considered the last place of residence of the testator. This will require:
- certificate from the passport office about the last address of the testator;
- extract from the house book with a note on deregistration of the deceased.
Collection of documents
After going to the notary public and submitting an application for acceptance of the hereditary mass and confirming the place of its opening, we now proceed to collect papers on the property. For each type of real estate or other things, you must submit a supporting document. It is worth noting that this stage will be the most difficult and long. In addition, it will not be easy to draw up documents for inheritance if some papers were lost. In this case, you have a difficult way to restore them.
Obtaining a certificate
After the necessary written evidence has been collected, you need to go through the next stage - to receive a certificate of inheritance (by will or law). If the notary has no doubts, then after 6 months after the opening of the inheritance you will be given a certificate of inherited property.
State registration
How to draw up an inheritance further? If among the inherited mass there is immovable property (garage, house, apartment), then after receiving the certificate in Rosreestr it is necessary to register your authority for the inherited property.
It is important to note that the type of property that is inherited plays a significant role in the process of submitting papers to a notary. This can be a land plot, an apartment, stocks, debts in the capital of an enterprise, antiques, household items or other items. For each type of property, a separate set of documents must be collected.
Inheritance of an apartment
Are you the heir to the apartment? In this case, the person should first accept the inheritance.For this, you, of course, must appear at a notary public and receive a certificate of ownership of the property. If you cannot personally attend the notary office, make a power of attorney for another person who will be able to deal with inheritance issues in your absence.
However, in any case, you need to find title documents for an apartment testator. It could be:
- Primary privatization. It is confirmed by a certificate of ownership of housing (green or pink form) + application and transfer agreement.
- Alienation contracts - sale and purchase, exchanges, donations. Confirmation of the certificate of ownership of the dwelling, the original of the alienation agreement, the act of acceptance of the premises. Such documents will be required if the transaction was completed after 1.03.1996.
- If the deceased received her inheritance, a certificate of ownership, a certificate of inheritance and ownership of the apartment, an agreement on the determination of shares will be required from the future owner.
- Ownership in a residential complex or housing cooperatives - a certificate of ownership, a certificate from the housing cooperative, from the housing authority about the paid shares or a certificate from the Bureau of Technical Inventory, 2 original certificates of the housing cooperative, housing cooperatives about the paid shares.
Well, when all title papers are available. But how to arrange an inheritance for an apartment, if the documents, for example, are missing, stolen or burned? Do not despair, they can be restored, but it will take a lot of time.
The nuances of the procedure
If the apartment belonged to you or other family members on the right of common ownership at the time of the testator’s death without determining shares, then the notary will also require an agreement on the designation of shares between all owners. Then, in the territorial Bureau of technical inventory at the address of the apartment you receive the following documents:
- a statement of the book price of the apartment or its share on the day of the death of the testator;
- cadastral passport;
- about the explication of the apartment.
How to draw up an inheritance for an apartment at the next stage? After 2005, notaries began to demand from citizens who draw up the inheritance an appraisal document on the market price of the property. To order such an assessment, you need to contact a specialized company with the appropriate license, where you submit a death certificate, explication, cadastral passport, assessment of the book value of the premises issued by BTI.
If the heir did not live with the testator, then this certificate can be issued only on the basis of a death certificate, a document that confirms kinship, as well as title documents for the apartment.
After receiving a certificate from the BTI, we advise you to compare the data containing them with the documents of title to the apartment, in particular the address of the object and its properties (residential and total area). All these numbers must match. Some notaries, before you register the inheritance in the property, may ask for an extract on the absence of prohibitions and seizures of real estate. This certificate is obtained at the branches of the Fed. For such a request you will be charged about 100 rubles. A citizen will be able to get a certificate in his hands in 10 days.
House inheritance
How to make an inheritance at home? To do this, the notary must bear the following papers:
- documents confirming the deceased’s rights to the house;
- help from horticultural partnership at the location of the home ownership, certified in BTI;
- contract of sale;
- certificates from BTI, where the value of the property and cadastral passport are indicated;
- certificates from the tax authority about the absence of debts (if the house was transferred to the testator under a gift agreement or by inheritance);
- certificates of absence of encumbrances and arrests (extract from the USRP).
Land plot
If you need to draw up an inheritance on a land plot, then be prepared to provide the following documents to the notary office:
- papers on the land (certificate of ownership, barter, sale, annuity, certificate of inheritance, resolution of the head of administration);
- cadastral plan and cadastral passport (obtained from the Committee on Land Resources);
- extract from the Unified State Register about the lack of arrest and prohibition of the plot;
- certificate of tax on lack of debt.
We advise before you make the land an inheritance, also to find out if there are any buildings on the site.
Did you get a car?
If a vehicle bequeathed to you, then in order to receive it, the following shall be submitted to the property:
- passport of technical equipment;
- certificate of state registration of the vehicle;
- conclusion or certificate of car value on the day of the testator’s death.
Garage decoration
To inherit a garage, you should prepare:
- title documents (certificate of the paid share, contract of annuity, gift, sale and purchase, certificate of ownership, etc.);
- assessment of the cost of the garage;
- extract from the Unified State Register;
- BTI papers (explication, floor plan);
- certificate from the tax office about the absence of debts.
Receiving cash deposits
In order for money to be included in the estate, it must be kept in a savings book. If for some reason you could not find this document (it was lost, burned, or was stolen by ill-wishers), but you know for sure that the deceased's money deposits were stored in a particular bank, then when drawing up an application for acceptance of property in the section “inherited property ”indicate“ cash deposits ”. Based on such a statement, the notary will be able to submit a request to the bank branch, where the deceased's deposits are located. Upon receiving such a request, the bank will raise its archives and find open deposits, calculate the amount of compensation and send a response to the address of the notary who filed the request. However, before you make an inheritance for a contribution, you will have to expect a response from a financial institution in about 1-2 months.
If the deposit is in the Savings Bank, the citizen will be required to make a photocopy and the original death certificate, passport, notary's request, as well as a document that confirms your relationship with the deceased. In cases where a representative is involved in matters of inheritance, an additional power of attorney is also required. In commercial banks, such a procedure will be much simpler and take much less time.
How to draw up a testament inheritance?
As you know, you can get property from the testator in two ways: by will and by law. This means that if the deceased did not make a will during his lifetime, then inheritance will be carried out in order of priority. How to draw up an inheritance, and who can claim the property in this case? By law, only relatives can become heirs.
But the will can be made on anyone, this person does not have to be a relative of the deceased. It may even be a legal entity. It is not forbidden to bequeath their property to charitable or other organizations. True, in this case, the relatives will probably try to challenge such an order from the testator. But for this it will be necessary to prove that this person at the time of drawing up and signing the will was not sane, suffered from mental disorders or suffered from other diseases that could affect his mental health.
For this, a special examination is carried out, which will establish or refute this fact. Also, evidence can serve as evidence and medical certificates. If the allegations that the testator was out of his mind are not confirmed, then such an order will remain valid. But in the case when it will be precisely established that a person could not understand and direct his actions, the will is recognized as invalid, and inheritance will be carried out by law.
True, if the deceased had dependents (minor children, disabled spouse (s), etc.), then they are entitled to an obligatory share of the property, even if they are not indicated in the will.
In addition, a person can bequeath property to several persons at once. In this case, the heirs can freely dispose of only their share: to give, sell, exchange, etc.
Law Inheritance
If everything is understandable with a will, in principle, then let's figure out how to arrange an inheritance without a will. If the deceased did not draw up such a document during his lifetime, his closest relatives become heirs. The first stage includes the spouse (spouse), parents and children. The second group includes grandchildren, grandparents, brothers and sisters. The third category - native uncles and aunts, etc. If there are First line heirs the inheritance is drawn up on them, if they are absent - the property passes to the next group of heirs.
Is it possible to refuse an inheritance?
It should be emphasized that if among the hereditary mass there are not only property, but also debts, then it will not work to refuse them. It is impossible to accept only rights without obligations (if any). If you do not want to take the will, you can write a waiver of the inheritance. How to make such a decision? To do this, contact a notary public place of opening of the inheritance. When filing such a notice by the representative of the heir, his signature must be notarized. At the same time, if the power of attorney does not indicate the person’s authority to refuse the inheritance, the notary can not accept this statement.
It is possible to refuse all bequeathed property within the period which is given for the acceptance of the inheritance. If the person performs actions that will actually testify to the acceptance of the inheritance, then such a citizen will be able to subsequently abandon the property, but this will have to be done through the court. If the applicant misses the deadlines, the judge will be able to accept his claim only if he proves that the reasons for missing this time were valid.
It is possible to renounce an inheritance only once and finally, it will not work to change one’s decision. If the heir is a minor, a person who is partially or completely incompetent, then this can only be done with the consent of the guardianship authority and guardianship. A citizen also has the right to refuse the inheritance in favor of other persons who are heirs both by law and by will. This is prohibited only if the subjects were deprived of an inheritance. In addition, giving a refusal with reservations or conditions is unacceptable.
Also, a waiver of part of the inheritance is not provided. But in the event that a person has inherited property on several grounds (by law, testament and hereditary transmission), then he has the authority to refuse on one of these grounds, on several of them, or all at once.
Clearance costs
Now let's move on to one of the most significant questions for people who have been bequeathed property: how much does it cost to take out an inheritance? According to the Tax Code of the Russian Federation, for the issuance of a certificate there are such amounts of state duty:
- 0.3% of the price of the property, but not higher than 100,000 rubles - to spouses, children (adopted children also belong here), parents, sisters and brothers of the testator.
- All other categories of heirs will have to pay 0.6% of the value of the property, but not more than 1,000,000 rubles.
To express these percentages, property still needs to be evaluated. As a rule, real estate is inherited. To determine this value, you need to contact an independent appraisal firm that can give such conclusions. However, there is no need to rush. How much does it cost to execute an inheritance with the least losses?
Spend on state duty can be much less.The Tax Code allows the use of the inventory, cadastral or other (nominal) value of property for calculating the state duty in addition to the market price. As a rule, the cadastral or inventory assessment is much less than the market. Therefore, the size of the calculated duty will be less.
However, before you register the right of inheritance, you still need to decide on what date to evaluate the property. Such a procedure is carried out based on the value of the hereditary mass at the time of opening the inheritance.
It is also worth noting that some individuals have benefits. This category includes:
- invalids of I and II groups;
- minor heirs;
- individuals for issuing a certificate for a house, apartment, room if they lived with the testator and continue to live there;
- persons who inherit bank deposits;
- heirs of insurance amounts, etc.
Payment to a notary for technical work
In addition to paying state fees, notaries take money for the so-called legal or technical work. The cost of such services is not regulated anywhere and can be determined locally in each of the notarial districts. However, many experts tend to go to different tricks. For example, if there are several heirs or two or more types of property, then you may be asked to issue several copies of evidence. Accordingly, the more copies you get, the more expensive they will cost you. However, the Civil Code of the Russian Federation states that, at the request of the heirs, they can be given either one certificate for all, or each separately. Remember about these nuances, since it is much cheaper to arrange an inheritance after death if you know the provisions of the law.
If necessary, you can instruct the notary to prepare this or that draft document, however, in this case, payment will be made only at the established rate. In no case can a notary impose a particular service on a client; any actions can be carried out only at the request of a citizen.
Where to draw up an inheritance?
As has already been noted, it is necessary to carry out all the procedures for registration of the property that you got in the notary's office. Usually you need to contact a notary public, which is located in the village where the testator lived before his death. If you have no idea where the deceased lived and his last address cannot be established, then the opening of the inheritance is made at the location of the property. If it is located at different addresses, then you need to contact a notary public where the most valuable property is located. In other words, if the testator has a 3-room apartment in Moscow and a Zhiguli car in Saratov, then you need to draw up an inheritance from a notary, who is in the capital.
Summary
How to arrange an inheritance after death, now you know. Of course, the death of one of the family members or relatives is a very sad event. However, in order not to encounter difficulties in obtaining an inheritance, it is important not to miss all the periods specified in the legislation, as well as to have with you all the necessary documentation for each type of property. Here, perhaps, we have covered all the questions about how to make an inheritance a property.
