How to issue a power of attorney to conduct inheritance business in 2021?

What is a power of attorney?

A power of attorney is a written document that reflects the authority of the representative to perform actions on behalf of the principal (Article 185 of the Civil Code of the Russian Federation). On its basis, a citizen has the right to do something on behalf of another person, to represent his interests.
A power of attorney can be issued to several persons at once. Each of them has only those powers that are indicated in the document. In order for the power of attorney to take effect, it must be certified (Article 185.1 of the Civil Code of the Russian Federation). To do this, it is advisable to contact a notary.

But in exceptional cases the right to certification is granted to:

• chief physician of a medical organization;
• captain of the ship;
• head of a military unit;
• head of the correctional institution.

Their signature equates the power of attorney to a notarized one.

What rights does a representative have?

The rights and obligations of the representative are specified in the document.
When registering an inheritance, the trustee will need to perform the following steps:

• visit a notary and fill out an application;
• collect the necessary documents;
• conduct a property assessment;
• contact government agencies;
• pay the state fee;
• represent the interests of a citizen in court if controversial issues arise;
• file an appeal against the court decision.

If the representative is a lawyer, then a civil contract is concluded to pay for services.

Deadlines

You must declare your desire to inherit within six months after the death of a relative. If the interests of the heir will be represented by an attorney, he must also submit a corresponding application during this period. This period is intended for close relatives who are considered first-line heirs. After this period, other heirs can lay claim to the property. If more than six months have passed since death, and a close relative only wishes to inherit, he will have to set aside his interests in court.

Types of powers of attorney

The powers of the trustee depend on the type of document.
The following powers of attorney are available:

• general;
• special;
• one-time

A general power of attorney gives authority to perform various types of actions, including transactions with real estate and inheritance. A document with the right to sell allows you to enter into transactions on behalf of the owner. The exception is actions that, due to their characteristics, can only be performed in person (Article 182 of the Civil Code of the Russian Federation). These include making a will.

Reference! A special power of attorney allows you to perform certain types of actions on behalf of another. It can be issued to represent a citizen in court.

A one-time document gives the right to perform only one legally significant action. Such a power of attorney can be made to receive papers or a pension on behalf of the principal.

The document, regardless of its type, must contain the following information:

• information about the principal and the authorized person;
• powers of the attorney;
• validity;
• Date of preparation.

Download a sample power of attorney for inheritance matters

Required elements

The law imposes certain requirements on a power of attorney. Its correct execution depends on the inclusion of mandatory components in the document. Among them:

• Information about the heir (principal) and representative, their passport details and addresses.
• Information about the testator, indicating his full name, date of death and last place of residence.
• List of powers that an attorney has the right to perform.
• The right of subrogation, that is, the possibility of assigning one’s responsibilities to a third party.
• Date and place of issue of the document.

Certain requirements are also imposed on the author of the document. He must be fully capable. On behalf of minors, a power of attorney is drawn up by their representatives. The opinion of minors who have reached the age of 10 must be taken into account. Children who are 14 years old have the right to personally draw up a power of attorney to enter into inheritance rights (Article 26 of the Civil Code). When the property is accepted by the legal representative (parent), such a document is not needed.

How to issue a power of attorney to conduct an inheritance matter?

Let's consider how to issue a power of attorney to conduct inheritance business in 2021.

Where to contact?

The principal and his attorney must contact a notary. The official will help you draw up the document. The notary can offer a ready-made sample of paper. If necessary, it includes additional clauses that expand the powers of the representative. The only condition is that they must not contradict the law.

After drawing up the document, citizens pay the state fee. The notary certifies the power of attorney and enters the information into a unified electronic register.

Price

The cost of processing the document consists of state duty and technical services of the official. The fee to the state treasury for document certification is 200 rubles. (Article 333.24 of the Tax Code of the Russian Federation). The price of notary services depends on the region of residence. If an application for inheritance is submitted with a proxy, then the citizen’s signature must be certified. The cost of the service is 100 rubles.

Documentation

When visiting a notary's office, you must prepare the following documents:

Retrust

The law provides for the possibility of reassigning a power of attorney - transferring the duties of a voluntary representative to other persons specified by him. This is feasible under the following conditions:

• The power of attorney specifically stipulates this right.
• Sub-entrustment is not prohibited and there are good reasons for its implementation (due to insurmountable circumstances, the entrusted person is not able to fulfill the powers assigned to him).
• The original written authorization has not been revoked, annulled or terminated due to the expiration of the period specified therein.
• The principal is alive, his whereabouts are known, and his legal capacity is fully present.

In practice, this can be implemented like this:

1. When drawing up the initial written authority, the principal indicates the possibility of its transfer and subsequent repeated reassignment (the number is not limited by law) or determine the number of reassignments, for example, “the power of attorney was issued with the right of a one-time reassignment/reassignment with a single subsequent reassignment,” etc.
2. The document establishes other key nuances: whether the trustee loses his powers after the transfer (by default they will be retained), what part of the responsibilities can be transferred (if this is not specified, they will be transferred in full or in the amount that the trustee specifies).
3. If any inconvenience arises regarding the acceptance of an inheritance, the representative draws up a new power of attorney. He has the right to delegate the powers assigned to him among several persons or to delegate only part of them. The document indicates the details of the initial power of attorney, the distribution of powers, proxies and instructions as to whether the delegated responsibilities remain with the representative indicated by the heir.
4. A voluntary representative, together with a power of attorney (the original and not yet certified copy), comes to the notary and draws up a sub-power of attorney. If, according to a document, the powers of the heir are transferred to several representatives without approval of their joint interaction, each of them has the right to transfer their functions to another person. If the principal obliges them to jointly accept the inheritance, the transfer can only be made jointly or in another manner prescribed by the successor.
5. The notary checks the validity of the original written authority and the presence of circumstances that prevent the applicant from performing actions under the power of attorney (if the right to sub-authorization is not separately specified in the power of attorney). If the information received meets the requirements of the law, he certifies the document and makes the necessary notes in the Unified Notary Information System.

USEFUL INFORMATION: Circles of heirs by law
Example. The heir learns about the opening of the inheritance several thousand kilometers from the place of its acceptance, and due to certain circumstances cannot travel to personally carry out the succession. He draws up a power of attorney to accept the inheritance, indicating his friend in it and giving him the right to delegate in the event that he has difficulties in performing this task. At the same time, he and his friend agreed that in the event of a transfer of trust, he would transfer his powers to a professional lawyer.

During the acceptance of the inheritance, the trustee encountered difficulties in the form of the absence of a death certificate of the testator - the heirs refused to issue it according to the law (the trustor was appointed as a legal successor in the will). In this situation, the voluntary representative decides to delegate part of his powers (obtaining a duplicate certificate) to a lawyer. Additionally, it establishes the termination of part of the power of attorney after fulfillment of the obligation indicated in it. As a result, all stages of accepting the inheritance were completed successfully and on time.

Can a representative refuse authority?

Regulatory legal acts allow a representative to refuse to fulfill the rights and obligations assigned to him.
The reasons don't matter. The attorney must inform the principal that he cannot represent his interests. Attention! A power of attorney can be issued both for entering into an inheritance and for refusing it. In the second case, this must be stated in the text as one of the powers of the attorney. A power of attorney is not issued if the refusal of inheritance is written by the legal representative of the heir.

What is important to know?

In Russia, the heir is responsible for all actions of the attorney performed within the framework of the power of attorney. Therefore, the powers of the first need to be spelled out very clearly. At the same time, it is necessary to take into account possible overlaps in its work.

ATTENTION !!! Thus, if a power of attorney is issued not to a specialist, but to a relative, then it is possible to provide for several proxies or the right of reassignment, according to which in a difficult situation (illness, change in life circumstances), the attorney can delegate his powers to another person, as well as to receive goods and materials.

Questions from our readers

Is it possible to issue a power of attorney with the right to obtain a certificate of inheritance rights?
A power of attorney can be issued with the right to receive a certificate of inheritance rights. This point is indicated in the application to the notary. The authorized representative will be able to receive documents within the period established by law.

Is it possible to issue a power of attorney to accept an inheritance?

Art. 1153 of the Civil Code of the Russian Federation allows for the execution of a power of attorney with the right to accept an inheritance. This must be stated in the text of the document. For legal representatives of minors or incapacitated citizens, a power of attorney is not required in this case.

What to do if the heir is in another city?

The news of the death of a loved one can find a person anywhere. What to do if the heir lives in another area? The procedure for registering an inheritance may take up to a single day. It is necessary to submit an application, collect various forms and certificates. All this will take time.

If a person cannot engage in the process independently, then there are two options:

When sending by mail, please note the following:

• the letter is sent by registered mail with return receipt requested;
• If the envelope arrives at the office after the expiration of the six-month period, the notary will take into account the date of the postage stamp. If it is sent within the prescribed period, the specialist will accept the documents for consideration;
• When sent by mail, the letter may get lost, so this method is not the most reliable.

If the heir himself cannot travel to another city where the deceased relative lived in recent years, then he can send a representative on his behalf.

We have already written about this in more detail in this article - entering into an inheritance in another city.

Underwater rocks

When preparing documents, you need to consider the following nuances:

1. Until the issuance of a notarized document, only the heir can apply for inheritance and participate in the procedure. A third party can begin collecting documents and submitting an application only after they have the official paper in their hands.
2. A power of attorney can only be issued by legally capable adult citizens. If there are doubts about the reasonableness of the principal or his mental state, the document may be declared invalid, and all actions of the attorney will be annulled.
3. The right to act on one’s own behalf can be entrusted to any citizen, regardless of the degree of kinship. If something does not go according to plan, the document can be revoked at any time.

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