If you inherited a car: how to re-register the car after the death of the owner?

A personal car serves the whole family. Adult children, grandparents and their grandchildren, having a driver's license, can use the car as they please, as long as they are included in the OSAGO policy. Taxes are paid from the general budget, as are the costs of repairs and scheduled maintenance. Sometimes a vehicle is even simply registered in the name of an elderly family member who has tax breaks or other preferences for processing customs documents. However, life does not stand still and old people do not last forever. Along with their death, the plans of the household collapse. The property passes to the heirs, the car is parked near the house, and the documents require re-registration. Asiya Mukhamedshina, a member of the Russian Lawyers Association (RBA), talks about how to properly operate a car if the legal owner has already passed away .

What to do before re-registering a vehicle after taking over the rights of the heir?

First of all, you need to decide whether the heir (if he is the only one) will keep the car. If you decide to sell it, then you should start looking for a buyer in advance so that you can register it immediately to the new owner, without re-registering it in your name. This is possible in accordance with clause 12 of the Rules for state registration of motor vehicles (Order of the Ministry of Internal Affairs of Russia dated June 26, 2018 No. 399).

When there are several heirs, they should also agree in advance on actions regarding this car. The car is registered by one of them, and all of them will be included in the title.

In addition, you can ensure that the re-registration procedure goes quickly. It is worth registering in advance with the traffic police . This is easy to do using the State Services website.

To carry out the re-registration procedure, you must have a valid MTPL policy. It can be issued at any insurance company by providing a certificate of acceptance of the inheritance (a technical inspection must first be completed).

If the heir does not have the opportunity to handle the re-registration personally, he can appoint a proxy , having first issued a notarized power of attorney.

Inherited car and compulsory motor liability insurance

The MTPL policy is compulsory civil liability insurance for the vehicle owner who drives the car or has access to this opportunity. Let's consider some points:

• To operate a car, you must have MTPL insurance;
• a new form can be issued at any time, since the policyholder can be not only the direct owner;
• After receiving property as an inheritance, a policy is required to be issued by the person who received the license for the car.

If necessary, the new owner of the vehicle also has the right to purchase a voluntary CASCO insurance policy, but this is not a mandatory process.

In the absence of a compulsory motor liability insurance policy, it is not allowed to operate the car on public roads, just like registering the vehicle.

How to re-register a car with the traffic police after the death of the owner - step-by-step instructions

Below we describe in detail how to register a car with the traffic police after the death of the owner (for example, re-register a car inherited from a father, grandfather or some other relative).

1. Within six months, the heirs declare their rights to receive the inheritance. To do this, the notary is provided with statements and documents confirming the relationship with the deceased (in the absence of a will).
2. The car is assessed and the assigned state duty is paid.
3. According to Art. 1163 of the Civil Code of the Russian Federation, a certificate of the right to inheritance by law can only be obtained 6 months after the death of the former owner of the car.
4. Take out a compulsory motor liability insurance policy.
5. Pay the state fee for re-registration of the vehicle.
6. Collect the necessary documents and submit them to the traffic police along with the car.

Registration period

You must submit documents to the traffic police no later than 10 days from the date of inheritance. The re-registration procedure itself takes place within one day.

According to Part 1 of Art. 19.22 of the Code of Administrative Offenses of the Russian Federation, the fine for violating the deadline for re-registration of a car for individuals is 1500-2000 thousand rubles.

Documentation

To re-register, the heir must provide the following documents (and their copies) to the traffic police.

• Passport.
• Application for registration of a vehicle (a sample can be obtained from the traffic police).
• Certificate of inheritance.
• OSAGO policy.
• Diagnostic card.
• STS, PTS and technical papers available for this vehicle.
• Receipt of payment of the state duty (the receipt can be paid at the traffic police department when submitting documents or taken in advance).
• Notarized power of attorney (if documents are submitted by an authorized representative).
• Statements of consent to re-register the vehicle from the remaining heirs (if there are several).

If re-registration takes place under the new owner according to the purchase and sale agreement, then it is also attached.

State duty and other expenses

The state duty for changing the owner of a car is 1,350 rubles. (clause 36 of article 333.33 of the Tax Code of the Russian Federation). This amount includes the issuance of a new STS (500 rubles) and making a new entry in the PTS (850 rubles). If there is no free space for a new entry in the PTS, then 1300 rubles are paid.

When replacing a license plate, an additional 2,000 rubles are paid. Transit license plates (for driving a car abroad) cost 1,600 rubles.

Result of the procedure

After processing all the documents provided and inspecting the car at the traffic police, they issue a new STS and PTS with a fresh entry. As well as new numbers, if they were ordered.

Re-registration of a car by inheritance in the traffic police in 2021

Reading time: 6 minutes

People rarely face questions of heredity. Therefore, when such a situation arises, many are not ready for it and do not know what to do. At the same time, re-registration of a car by inheritance in the traffic police is not a complex bureaucratic procedure. The main thing is to know what documents you need to provide.

How does the car re-registration procedure work?

In accordance with current legislation, after purchasing a car, its new owner is required to undergo a re-registration procedure within 10 days at the registration department of the State Traffic Safety Inspectorate.

This is necessary to secure the right to operate a vehicle for a specific person. This can be done at any traffic police department.

If the buyer does not have time to register the car within the specified time frame, he will face a fine of 2,000 rubles. If the violation is repeated, the penalty increases.

If the documents are in order, the re-registration process itself will take no more than a few hours.

Is it possible for the heir to use the car before registration of ownership?

In legal practice, two concepts are used:

• opening of inheritance;
• obtaining a certificate of inheritance.

The first occurs on the day of death of the testator. Opening an inheritance means that all powers of attorney issued for the car are canceled.

In addition, according to Article 18 of the Law “On State Registration of Vehicles...” No. 283-FZ, if there is information about the death of the owner, the registration of the car belonging to him is terminated. That is, you can no longer ride it.

The heir receives the right to dispose of the property six months after the certificate is issued. During the specified period, the notary searches for other potential heirs of the property.

If the heir is sure that no one else can lay claim to the property, he may not wait six months to inherit. This right is given to him by Article 1163 of the Civil Code of the Russian Federation. But it should be taken into account that other heirs may also lay claim to the car.

Such situations can only be resolved through the courts.

After receiving a certificate of inheritance, the new owner (heir) can renew the state registration of the car and register it in his name.

How does the car inheritance procedure work?

Before re-registering a car, the heir must assess the value of the vehicle. This can be done at any appraisal company. The cost of the service depends on the appraiser’s tariffs and ranges from 2,000 rubles. In addition to the assessment, the heir must provide the notary with:

• death certificate;
• registration certificate for the car (if it is not electronic);
• document confirming family relations (birth certificate, marriage certificate);
• certificate of residence of the deceased;
• receipt for payment of state duty.

Information about the market value of the car is needed to calculate the state duty, which is paid by the heirs receiving the right to the property. Thus, heirs who belong to the first line (close relatives - spouse, children, parents) must pay 0.3% of the appraised value, for more distant relatives the fee doubles - to 0.6%.

In some cases, tax laws provide benefits for heirs. For example, disabled people of groups 1 and 2 pay 50% of the state duty. All benefits can be found in full in Article 333.38 of the Tax Code of the Russian Federation.

Only after paying the state fee does the notary issue a certificate of inheritance. Further, in order to fully inherit the car, the future owner must register the car in his name within 10 days. To do this you will have to go through the following standard procedures:

Actually, registering a car with the traffic police is carried out similarly to the procedure for re-registration under a purchase and sale agreement and differs only in the package of documents.

The above process is suitable for the situation if only one person claims the property; if there are two or more heirs, then the procedure changes slightly.

In this case, all the heirs must decide among themselves on whom exactly to register the car. They formalize their decision with a corresponding statement of consent. You must also take this document with you to the traffic police.

At the traffic inspectorate, the car is registered in the name of one heir indicated in the application.

Procedure for abandoning an inherited machine

The heir does not have to take ownership. He makes this decision himself, based on the economic feasibility of the transaction and other factors.

After all, along with the property, the debts of the deceased are transferred to him. Therefore, there are often cases when people who claim transport refuse to enter into an inheritance.

For example, this very often happens if the car is on credit or has a large number of fines on it.

To avoid becoming the owner of such a vehicle, it is enough not to submit an application to a notary for six months. You can also refuse an inheritance if, due to ignorance of the situation, the heir has assumed rights to the property. But this must be done within six months after the death of the testator.

If you refuse to accept the inheritance, the property passes to the state. The right to a car can be restored through the court, but only if the heir proves that he did not have time to do this for good reasons. When the heir gives an official refusal, it will no longer be possible to obtain the right to inheritance.

After re-registration of the car, the heirs can sell it and divide the money among themselves, or one person will compensate everyone else for their shares.

What documents are needed to re-register a car by inheritance?

Re-registration of a vehicle due to the death of the owner is carried out by the traffic police within 10 days after receiving the inheritance certificate and on the basis of a package of documents, including:

• heir's passport;
• statement;
• OSAGO policy;
• certificate of inheritance on a notary form;
• payment document confirming payment of the state duty;
• registration certificate for the car (if it is not electronic).

If there are several heirs, it is also necessary to provide an application on behalf of all those claiming the property with consent to register the car in the name of one of them.

The application must be signed by all applicants for the property; it must indicate the last name, first name, and patronymic of only one heir for whom the car should be registered.

In this case, the vehicle is registered in his name.

Usually, if all the documents are available and they are in order, the registration of the car is resumed and it is registered to the heir on the same day.

What is the procedure for re-registration of a car received by inheritance?

The period for registering a car with the traffic police after inheritance does not exceed 10 days. However, if the future owner does not intend to use the vehicle, he may not waste his time registering it.

It is enough to conclude a purchase and sale agreement or a gift agreement with the buyer of the car. After this, all registration responsibilities fall on his shoulders. The only thing the seller must provide is a copy of the inheritance certificate.

Without it, the buyer will not be able to re-register the car in his name.

As already mentioned, the procedure for re-registration of a vehicle by inheritance is no different from the procedure for registering a car under a purchase and sale agreement.

You need to collect the entire package of documents and go to the nearest traffic police department, having previously made an appointment. You can make an appointment through the State Services website. The re-registration procedure will take no more than 1 day.

The heir will have to spend approximately:

1. About 15 minutes of waiting in line.
2. About 20 minutes - for an MREO employee to check information about the car, chassis numbers, body, VIN.
3. Another 20 minutes to inspect the vehicle in the parking lot.
4. 20 minutes - waiting to make a decision and prepare new documents.

The cost of re-registration of a car by inheritance

The cost of re-registration of a car by inheritance also does not differ from the costs that accompany registration when registering under a purchase and sale agreement.

The costs that accompany registration of a car depend on the buyer’s desire to keep the existing license plates or take new ones. The cost of this service is 2,000 rubles. From 01/01/20, you can save old registration plates only if the heir’s region of registration coincides with the region code on the signs.

Other mandatory expenses include:

• registration of changes in the technical passport - 350 rubles, if you need to replace the PTS (paper), you will have to pay 800 rubles;
• issuance of a new registration certificate - 500 rubles (if it is plastic, a new type - then 1500 rubles.

By the way, the cost of re-registration can be reduced by paying fees through the State Services website. Here registration will cost 30% less.

Does the heir receive fines from the previous owner along with the car?

The future owner of the car should take into account that along with the vehicle, the fines that are attached to it will also be transferred to him. Therefore, it does not always make sense to enter into an inheritance. It is logical that this is unprofitable if the debts on the car exceed half of its value.

However, before making a final decision, lawyers recommend finding out exactly when the fine was issued. If two years have already passed from this moment, then in accordance with Art.

39 of the Code of Administrative Offenses of the Russian Federation, the fine has lost its force and the new owner of the vehicle may not pay it.

If the car was purchased on credit and is pledged, debt servicing responsibilities are transferred along with the vehicle to the new owner.

What are the basic rules for selling an inherited car?

After waiting six months and registering the car in his name, the heir can sell it after some time. The rules of sale are no different from the standard ones. But when making a transaction, you should pay attention to taxation. If the new owner has used the car for less than three years after registration, he, as the seller, will have to pay 13% income tax.

It is also possible that the heir does not plan to use the received car. In order not to waste money and time, he has every right to skip the stage of re-registering the vehicle in his name and concluding a purchase and sale agreement. In this case, all responsibilities for registering the car with the traffic inspection authorities fall on the buyer.

Let's sum it up

The procedure for registering an inherited car with the traffic police is practically no different from the standard one.

In this case, the main thing for the new owner of the vehicle is to ensure that he has a certificate of inheritance.

You can receive the latter six months after the death of the testator or sooner if you can prove the absence of other heirs. Only if you have this document can you contact the traffic police.

The registration process takes no more than one day. All the heir needs is to provide a complete package of documents.

You can save on state fees by paying them through the State Services website.

The heir should take into account that along with the property he receives fines and debts that are registered with the car. Therefore, it is not always advisable to become an heir; sometimes it is better to give up the property. This is easy to do: write an official refusal or simply not contact a notary for six months.

Step-by-step instructions for re-registration online through State Services

Re-registration of vehicles using the State Services website not only saves time, but also allows you to pay the state duty with a 30% discount. In order to use the service, you must do the following:

1. Register on the State Services website.
2. In your personal account, select the “vehicle registration” function.
3. Follow the link that appears “registration of documents when changing information about the owner.”
4. Select the “change registration data” category.
5. Detailed step-by-step instructions for further actions appear:
   Select the type of service received (electronically).
6. Fill out an application.
7. Make an appointment at the traffic police department,
8. Send the application, after checking it you will be able to pay the state fee at a discount (this opportunity will be reflected in the “notifications” tab in your personal account within 24 hours).
9. Collect the necessary documents and visit the traffic police at the appointed time. The application and payment receipts should be printed and taken with you.
10. Receive new documents and license plates after the inspector has checked the car and the originals provided.
11. Follow the link “get the service” (to the right of the instructions) and act according to the listed points.

What if some documents for the inherited car are missing?

To register an inheritance, the notary must provide the title to the car. But sometimes the question arises about what to do if the title is lost and the owner of the car is dead, whether in this case it will be possible to register the inherited car. If the PTS is lost, the heirs make a request to the traffic police to confirm the testator’s ownership rights. The vehicle is then assessed and a fee is paid.

After receiving a certificate of acceptance of the inheritance, you can contact the traffic police for a duplicate of the title and, having received it, proceed to re-register the car to yourself or to the buyer.

Possible problems

When inheriting vehicles, two problematic situations most often arise:

1. The successor actually accepted the inheritance, but never received a certificate. If at that time he was servicing the car, operating it, paying taxes, he must prove actual acceptance by contacting a notary, and in particularly difficult situations - in court.
2. The car was transferred by will, but the heir did not receive a certificate. In any case, this document must exist, even if there is a will. You should contact a notary for a certificate, because without it you will not be able to re-register your car.

Re-registration of a car after the death of the testator occurs only after the legal successors enter into the inheritance. To do this, you need to submit documents to a notary, and then re-register ownership with the State Traffic Safety Inspectorate based on the received certificate.

Difficulties and pitfalls

1. Heirs cannot use the car for their own purposes immediately after the death of the owner, even if there is a power of attorney (it loses its force). To do this, it is necessary to re-register, which is possible only after six months. The fine for non-compliance with this clause is 500-800 rubles.
2. When entering into an inheritance, not only property and income are subject to inheritance, but also debts. Thus, after re-registering the car, the heir will have to pay all fines received by the previous owner.
3. If there are a large number of debt obligations of the deceased, the heirs have the right to refuse the inheritance. The refusal is issued for all inherited property and cannot be selective.
4. When selling a car to heirs, you need to take into account that if the car has been in their ownership for less than 3 years, you will have to pay income tax (13%).

If there are several applicants for a car

It often happens that a vehicle purchased by the deceased is transferred to several successors at once. In such a situation, there are some points to consider:

• successors may claim equal or unequal shares of the deceased's vehicle;
• one of the successors may renounce his share in favor of another heir by law;
• if necessary, the vehicle can be sold and the proceeds distributed among the heirs;
• It is necessary to have all the necessary documentation to accept the car as an inheritance;
• During the inheritance procedure, transactions for sale or donation cannot be made with the car.

All these points must be taken into account in the case where there are several potential successors, and all of them are endowed with equal or different powers in relation to the inherited property. If the successors missed the deadlines, they can restore them through the court, if there is an appropriate good reason.