How to enter into an inheritance in another city without going there

The question of whether it is possible to register an inheritance in another city is of interest to a large number of successors who cannot come to the locality where the testator is registered. Article No. 1115 of the Civil Code states that a notary is obliged to open a case according to the last place of residence of the deceased. If the citizen lived abroad, then the heirs must visit the notary’s office in the Russian city where the deceased’s property is located. It is quite difficult to enter into inheritance rights at a distance, but it is possible if you become familiar with the procedure and features of obtaining the property of the deceased.

How to find out about inheritance in another city

To figure out how to enter into an inheritance from another city, you should familiarize yourself with the methods of informing successors. The notary who opened the inheritance case informs the citizen about the need to issue a certificate.

To learn more about the inheritance, you can contact the relatives of the deceased who live in the same city as the deceased. Also, in order to register an inheritance, it is allowed to send an official request to the notary office at the place of residence of the deceased.

Legal services in Yekaterinburg

MAKE APPOINTMENT

Legal Services Center

Ekaterinburg, Botanika, st. Rodonitovaya, building 18b, office 414 +7(343)383-51-58 [email protected] By appointment: Mon–Fri: 10:00–19:00 Weekends: Sat-Sun

Lawyer on WhatsApp

Find on the site

2021 Legal services Yekaterinburg. All rights reserved. Privacy Policy.

CALL BACK
×
Send a message
×
Case perspective online
×
REQUEST A MEETING
×
Ask a lawyer
×
MAKE AN APPOINTMENT WITH A LAWYER

×

Inheritance procedure

To understand how to register an inheritance in another region, you need to study the general procedure for receiving the property of the deceased. First, you need to contact a notary office, draw up an application and attach the necessary documents to it.

The sequence of how to enter into an inheritance in another city:

1. Visit a notary office in your locality. There you need to fill out an application, which is certified by a notary. Copies of documents confirming the right to claim the property of the deceased are also prepared and certified.
2. Sending documents by mail or transferring them by an authorized person to the notary office at the place of residence of the deceased. In the first case, a person personally takes part in the inheritance procedure, therefore he is constantly in touch with other successors and the notary. If you act through an official representative, then it is enough to issue a power of attorney.
3. Obtaining a certificate. The document is issued six months after the death of the testator.

If the deceased has executed a will, then this document must be provided to the notary. When there is no last expression of will, inheritance is carried out according to law and the successor must prove his relationship with the deceased.

Place of opening of inheritance

The inheritance case is registered at the last place of residence of the deceased. If the recipient of the property is located in another city, then he can claim the right to inheritance in three ways. When a person has not yet decided how to enter into an inheritance in another locality, it is recommended that you familiarize yourself with each option and choose the most convenient one for yourself.

Ways to claim rights to the property of the deceased:

1. Go to another city . But not every citizen has the financial and time resources to travel and complete all the documents independently.
2. Remote option . You can send the completed application and papers by registered mail. An unreliable option, because the package may get lost or arrive later than expected.
3. Issue a power of attorney for a third party . The most optimal way that allows you to transfer all powers to a disinterested representative.

If the deceased lived abroad, then the inheritance case is opened at the location of his assets in Russia. A similar situation occurs when the last place of residence of the deceased is unknown. If the property is located in several cities, then the one in which the largest percentage of property is concentrated is selected.

Does region of residence matter?

Ideally, in order to register the rights to the property of the deceased, you need to visit the notary office at the place of his residence. But this option is often quite difficult to implement, since relatives may be in different parts of the country (for example, the deceased is registered in Moscow, and his successor lives in Siberia).

The region of residence does not matter if you fill out the application and prepare the papers correctly. Thus, documents can be certified at a notary office in your city, and then sent by mail. You can also entrust the preparation of all papers to a third party through a power of attorney.

When dividing an inheritance without a will, conflicts often arise, because each relative believes that he is entitled to a larger share than allotted by law. In this case, the heir is recommended to transfer his powers to a trusted person who will control the legality of all actions.

Package of documents

It is important for applicants to the property of the deceased to know not only how to apply for an inheritance, but also how to draw up additional paperwork. Their list may differ depending on the method of inheritance. But in any case, it is necessary to document the rights to inheritance.

List of required documents:

• certificate confirming the death of the testator;
• conclusion on the assessment of the value of the deceased’s property;
• papers confirming the deceased's ownership of assets;
• proof of relationship or will.

An exact list of documents can be obtained from a notary. To complete all the paperwork while living in another region, you need to include the necessary powers in the power of attorney. You can also hire a lawyer who will help you correctly draw up the documentation and send it by mail.

Expenses of heirs

If a citizen registers an inheritance, he must pay state tax. The amount of the fee depends on the degree of relationship with the deceased and the estimated value of the share.

The tax for persons of the first and second lines of kinship is 0.3% of the price of the received real estate, but not more than 100 thousand rubles. Distant relatives are required to give the state 0.6% of the estimated value of assets, but not more than 1 million rubles.

Deadlines for entering into inheritance

To register an inheritance, six months are allotted after the death of the testator. If a person died on 08/01/2019, then the last day for filing an application will be 02/02/2020. If the death of a citizen was established in court, then the countdown begins the next day after the decision was made.

When, after 6 months, someone abandoned the assets of the deceased or did not submit an application at all to issue a certificate, then another 3 months are allotted for the provision of documents by the heirs from the next queues. If a citizen missed the allotted period for a good reason, then he has the right to restore the terms through the court.

Method two: through a proxy

This method is considered more convenient and reliable than the first. The trustee is vested with all the rights of the heir himself. To appoint such an assistant, you need:

1. visit with him any convenient notary office in your city;
2. draw up a power of attorney indicating the personal data of the person who will deal with inheritance issues;
3. the received official document is handed over to a trusted person, who from now on can go to the city at the place where the inheritance was registered and carry out all the necessary procedures there for the trustee.

The authorized representative has the right to:

• protection of inheritance from third parties encroaching on it, clarification of the legality of their actions;
• search and collection of valuable property due to the heir;
• settlement of debt issues that passed to the principal along with the right to the property of the deceased;
• resolving other issues that may arise between the heirs both in the area of ​​division of property and in the area of ​​its subsequent sale;
• receipt of final papers from the notary, settlement with him;
• registration of shares received by inheritance with the registration authorities.

The authorized person must be reliable, positive and responsible, capable of resolving the listed issues. This method allows you to reduce time and avoid difficulties that may arise during correspondence.

Where to apply for inheritance

First you need to determine where to send the application to formalize the inheritance. It must be submitted at the last place of residence of the deceased. This is usually the city in which the citizen spent the most time.

If the testator is a minor child or an incapacitated person, then the place of residence of the official guardians is taken into account. When a citizen is registered abroad, and his property is located in the Russian Federation, then the inheritance case is opened in the locality where the largest amount of real estate is located.

Visit to a notary

There are 2 ways of entering into inheritance - formal and actual. The second option allows you to dispose of the property of the deceased six months after his death. But for this you need to first obtain a special certificate. In this case, you will have to prove your rights to own property in a notary office or in court.

It is safer from a legal point of view to personally submit an application within 6 months after the death of the testator at his place of residence. A package of papers is also collected and submitted to the notary’s office. After six months, the notary issues a certificate.

When problems arise with a personal visit to a specialist (for example, when the heir is in another city), you can issue a power of attorney, according to which a third party will receive material benefits. It is also possible to send documents by mail.

Sending by mail

To send documents for an inheritance in another city by mail, you must first prepare and certify them with a local notary or authorized persons.

Which citizens have the right to certify applications:

• representatives of the municipality;
• embassy workers;
• heads of military units and prisons;
• representatives of the administration of social institutions and health organizations.

It is recommended to send papers in advance to meet deadlines. It is prohibited to impose conditions, correct information or provide false information in the application. You also need to complete and send the necessary papers. But if the documents are restored, then you can send one application. Specialists will accept all certificates later.

Transfer of powers to a third party

In Article No. 1153 of the Civil Code you can find a written clause according to which you are allowed to transfer your powers to a representative by issuing a power of attorney. The document describes in detail all the issues that will be dealt with by the third party.

What powers are allowed to be delegated to an official representative:

• checking the legality of the actions of other successors;
• filing an application;
• ensuring the safety of real estate and movable assets;
• cooperation with banks and other financial organizations;
• provision of missing certificates;
• making payments.

The official representative is a legally competent adult who is not interested in receiving the property of the deceased. It is best to contact a lawyer who knows how to properly prepare documents.

Actual acceptance of inheritance

Art. 1153 of the Civil Code of the Russian Federation provides for the opportunity for an heir to enter into an inheritance without visiting a notary. To do this, you need to actually take ownership.

That is, carry out one of the following actions with the property of the deceased:

• use as intended;
• carry out repairs;
• ensure safety;
• pay the bills.

Also, the actual acceptance of an inheritance is considered to be the payment of the debts of the deceased and the acceptance of debts from citizens who borrowed from the testator.

Upon actual acceptance, the heir does not need to visit a notary at all. Therefore, it is not necessary to go to another city.

Example. Ulyana learned about her grandmother's death. The girl kept in touch with her grandmother before her death, so she knew that her neighbor owed her a large sum of money. Ulyana called the debtor and asked to return at least part of the debt in order to organize the funeral. A neighbor transferred money to her bank account. The girl called the funeral company and organized the funeral remotely. Since Ulyana received a debt for the deceased, she is considered to have actually accepted the inheritance. The proof will be a bank account statement confirming the transfer of funds.

The disadvantage of this option is the impossibility of officially registering the property of the deceased. The heir will not be able to submit documents to register ownership rights to the traffic police, Rosreestr, or withdraw money from the deceased citizen’s account.

Thus, upon actual entry into inheritance, the successor will only be able to live in the apartment of the deceased, visit the dacha, and use the garage and household items for their intended purpose. He will not be able to sell or donate property. To do this, you will need to formally register ownership through a notary or through the court.

In addition, the actual entry into rights is fraught with the fact that other heirs may promptly contact a notary and formalize the inheritance. Then the successor, who actually took over the rights, will have to prove his case in court.

Rights to inheritance by law or by will

You can claim the property of the deceased on the basis of law or a will. The first option is considered the most common. The priority and share of each legal successor are determined by law and are spelled out in detail in Article No. 1141 of the Civil Code.

According to the law, close relatives can claim the inheritance. In the first line there are husband, wife, children, father, mother. Each successor receives an equal share of the total estate (the total property of the deceased). When the assets are classified as jointly owned, the widower or widow can count on 50% of the community property. At the same time, they can also formalize a legal share of the inheritance mass.

If first-degree relatives refused to enter into an inheritance in another city or place of residence of the deceased, then the property is divided between distant relatives. The second line of kinship includes brothers, sisters, grandparents.

The testator can independently determine the circle of persons and their shares in the inheritance mass if he draws up and certifies the expression of will in advance. You can make a will in another city or even in another country. The main thing is to certify him at his place of residence.

Features of inheritance by will

If the testator makes a will during his lifetime, he will be able to independently determine the claimants for his assets. The last declaration of will must be certified by a notary office to give it legal force.

What information is included in the will:

• information about the successors and the size of the shares that are due to each of them;
• conditions for inheriting assets after the death of the testator;
• list of citizens who are prohibited from claiming inheritance.

Many people are interested in whether it is possible to make a will in favor of friends or colleagues. When drawing up an order, a citizen can transfer his property to any persons, including people with whom there are no family ties. But a will cannot deprive relatives of their obligatory and spousal shares.

Time limits for entering into inheritance under a will

Successors are given 6 months to complete and submit their application. The countdown begins from the day the heirs are announced. This date is set by the notary, which is communicated to all applicants for the property of the deceased.

What to do if the inheritance deadline is missed?

The heir, being in another city, may not immediately find out about the death of his relative or have other obstacles to the timely registration of the inheritance. As a result, the deadline for filing the application is missed. Is there a way out in this situation?

It is possible to restore the deadline. There are two options for resolving this issue - out-of-court and judicial . In the first case, the heir turns to the other successors and asks for their consent to his participation in the inheritance. If they agree, a peace agreement is drawn up and presented to the notary. Based on this, the specialist extends the time for filing an application.

It is not always possible to find a common language with other heirs, so the issue of restoring the term is often decided in court. But the judicial body meets the successor halfway only if there is a good reason for missing the period of entry into inheritance rights.

Respectfulness is determined by the judge independently. It is important for the heir to prove that he could not take part in the registration of the inheritance in any way. The reason may be that the successor:

1. I did not know about the death of a relative, since I had not communicated with him for a long time, or other heirs deliberately hid the fact of death.
2. Was in serious condition in the hospital for a long time, for example due to a coma.
3. He lost his memory, as a result of which he could not know that he had relatives.
4. Was on a long business trip.

This list is not exhaustive; the court may accept other circumstances. The main thing is that they should not depend on the will of the heir and must be supported by evidence.

Extension of deadlines

If the successor does not formalize the inheritance within six months after the death of the testator, then he loses the right to claim the property of the deceased. Such a decision can be challenged in court. The heir must have a valid reason that prevented him from issuing the certificate on time.

Grounds for renewal of inheritance rights:

• ignorance of the death of the testator and the share of property allocated by the deceased;
• stay in prison;
• health problems;
• long business trips;
• service in the armed forces.

The period for accepting an inheritance can be extended through a court procedure. The issue can be resolved peacefully if all successors give their written consent to the recalculation of shares. But this option is practically unrealistic, because few people will agree to voluntarily transfer their part of the property to a third party.

Tax and state duty

When registering an inheritance, the successors will have to bear some expenses. There is no tax charged, but you will need to pay a state fee. It is also called the notary fee.

If there was a close family connection between the deceased and the heir, then the amount of the fee is calculated as follows: 0.3% of the value of the inherited share, but not more than 100 thousand rubles. The remaining successors pay 0.6%, up to a maximum of 1 million rubles.

When calculating the amount of the duty, the heirs have the right to use any value of the property: cadastral, inventory or market. The notary has no right to demand the use of any specific price.

Who pays off the debts of the testator

According to Article No. 1175 of the Civil Code, successors receive not only the property of the deceased, but also his debts. Debts are distributed among the heirs in the same way as assets.

What obligations pass to successors:

• bank loans;
• debt against receipt to ordinary citizens;
• late payments for utilities;
• unpaid taxes;
• various fines and delays.

If during the life of the testator a loan is issued with guarantors, then after his death it is they who undertake to repay the loan. When the deceased independently paid for the loan, then after his death all obligations pass to the heirs.

Peculiarities of registration of foreign inheritance

There are often situations when you can receive an inheritance from abroad.
In this situation, inheritance will be formalized based on the norms of international law, according to which the rules determined by the territory of the state where the deceased most recently lived or his property was located should be applied.

In other words, you should contact the consulate of this country to obtain clarification on this issue. Most likely, you will need to provide a certain package of papers with their translation into a foreign language.

As mentioned above, in the process of inheritance it is completely unimportant in which region the testator lived and in which the heir.

The procedure for registering an inheritance within the country will be absolutely the same as when the parties live in the same city. It doesn’t matter what region or country the applicant lives in. He can assume his rights on the basis of Russian legislation (if the deceased lived in the Russian Federation) or according to the rules of another state (if the deceased lived abroad).

Place of opening of inheritance

The law provides for the place of opening of the inheritance to be a notary office at the place of permanent registration of the deceased citizen (Article 1115 of the Civil Code of the Russian Federation).
In the absence of the above data, the application is submitted at the location of the property (house, apartment). If there is no such property, then the heirs can contact the notary at the location of the testator’s most valuable property.

Is it possible to submit an application at the place of registration of the heir? The law does not provide for this possibility. Successors must contact a notary at the place of registration of the testator or the property that belonged to him by right of ownership.

What to do if a notary refuses to accept an application? Usually the reason for refusal is the lack of a document confirming the place of residence of the testator. However, the law clearly states that if the heirs do not know about the place of residence of the deceased subject, then they can contact the address of the location of the property.

Consequently, the refusal of the notary representative does not comply with the law and the Methodological Recommendations of the FNP. Such actions can be appealed in court.

Example. After the death of citizen G., an inheritance opened. The testator's apartment is located in Samara. However, at the time of his death he was registered in Ukraine. The exact address is unknown to the heirs. The legal successors turned to the notary at the location of the housing. The notary's representative refused to accept the application. The reason is that the heirs did not confirm the residential address of the deceased citizen. The successors had to go to court with a claim to establish the place of opening of the inheritance. The claims were satisfied.

Notice

Article 61 of the “Fundamentals of Legislation on Notaries” established the obligation for the authorized person to notify successors about the opening of a case. Generally, notification is carried out by registered mail with acknowledgment of receipt.

The employee informs only individuals known to him at the time of discovery. The successors have the right not to tell the employee about the presence of other legal heirs. However, the period for concealment of information may subsequently be reinstated for such persons.

The requirements are the same both when inheriting by testamentary disposition and by law. Such measures make it possible to ensure the attendance of all applicants with preference for succession.

Actions after joining

After registering an inheritance in another city, the successor must undergo state registration if he inherited real estate or a car. Without it, it will not be possible to become the owner of property, and, therefore, to dispose of it.

Re-registration of real estate

The property is registered with Rosreestr, where you must submit an application and a package of documentation. If the heir is in another city, his authorized representative, who has a power of attorney confirming his authority, can handle the procedure.

The following documents are required for registration:

1. Passport.
2. A certificate certifying the death of the owner of the property.
3. A certificate indicating the existence of an inheritance right to the property.
4. Receipt of payment of the fee to the state.
5. Documents for the object.

Other documents may be required.

Within 10 days, Rosreestr employees issue a certificate confirming ownership of a house, apartment or other real estate.

Car re-registration

To re-register a car, you must first undergo a technical inspection and purchase insurance. Then you can go to the traffic police to register. You need to have an application and documents with you. The list of papers is as follows:

1. Heir's passport.
2. A certificate certifying the death of the former owner.
3. A certificate confirming the successor's right to the car.
4. Vehicle passport.
5. Diagnostic card.
6. Insurance.
7. Receipt for payment of state duty.

Based on these documents, the traffic police officer will issue a certificate.

Thus, the answer to the question whether it is possible to register an inheritance in another city is positive. But it’s still better to take part in the procedure personally; it will be much more reliable and faster.