Selling a car by inheritance without registering it in your name

Driving a car by proxy

After the death of the owner of the car who issued the power of attorney to drive the vehicle, this document loses its validity.
If there is only one heir and he will subsequently, after receiving a certificate of inheritance, sell the equipment to third parties, then there will not be any particular problem, although formally he has no right to drive this car. It's another matter if there are several heirs. It is quite understandable that they will worry about the safety of the vehicle that one of them drives, illegally at that (when the power of attorney expires, driving the car is considered illegal), because the car is planned to be sold. All heirs can agree among themselves that none of them will touch the car.

State duties and fees

After receiving a certificate of inheritance from a notary's office, a citizen must pay a state fee. A tariff of 0.3% of the total cost of the car applies to the following applicants:

• child of the deceased;
• spouse;
• one of the parents;
• brother or sister - only to relatives and full-blooded ones.

All other heirs pay 0.6% of the total value of the inherited property. For the first applicants, the total payment amount cannot exceed 100 thousand rubles, for the rest - 1 million rubles.

State sizes fees for notarial acts are specified in Art. 333.24 Tax Code of the Russian Federation.

Several heirs

When there is only one heir and new owner, it is enough to conclude a purchase and sale agreement, receive the money and hand over the keys. But when there are several owners, and each owns a small part of the car, there are several options:

• One of the owners buys the remaining parts, becoming the full-fledged sole owner, and after that sells the car.
• All heirs transfer their rights to parts of the car to one person. A car is bought and sold, and the proceeds from the transaction are distributed among everyone.
• The purchase and sale agreement is concluded between the buyer and all owners with the appropriate set of signatures. In such a situation, the cost of the car is also divided among everyone, in accordance with the ownership shares.

Formally, even if one of the heirs does not want to sell their share, the rest can do so, but finding a buyer for, say, a third of the car is almost impossible. In such a situation, the problem can only be resolved through the courts.

Minor heir

If the vehicle is inherited by a minor, the parents or guardians will take care of the registration. The details of this question may vary depending on the age of the child. If he is very young and does not understand what is happening, then the parents/guardians will make the decision on their own. If the child is old enough to have his own opinion, he may demand that its conditions be followed.

Example: A minor heir may refuse to sell his part of the car because he wants to drive it himself as soon as he grows up. The task of the guardians/parents in this case is to convince him why this is impossible or not profitable. For example, point out the fact that during the time it grows, everything can change a lot, and the car can become unusable. So it would be more profitable to sell it now, save the proceeds and when the child becomes an adult, add more money and buy another car.

Is it possible to dispose of the car I inherited?

The right to dispose of property, including the right to sell it, belongs to the owner. Accordingly, the heir will have the opportunity to sell the car after he performs certain actions.

The law provides for a six-month period for entering into an inheritance (Article 1154 of the Civil Code of the Russian Federation), which is calculated from the date of death of the testator. During the specified time, each of the legal successors applying for the property has the right to submit a corresponding application to the notary.

First of all, you need to issue a certificate of inheritance. Such a certificate allows the heir to register ownership of the car. After receiving a document confirming ownership of the car and entering data about the new owner into the technical passport of the vehicle, the heir can dispose of it in full, including selling it.

If, in accordance with the law or the will, the vehicle passed to several heirs, then they need to come to an agreement regarding the sale of the inherited property. An heir who wants to sell a car must first offer other heirs to buy out their share. If the remaining legal successors refuse to repurchase, the car may be sold to third parties.

In practice, it is difficult to find a buyer who wants to purchase part of the car, therefore, the heirs will have to negotiate among themselves.

The vehicle can be sold only after all legal successors have formalized the inheritance right to the property.

It should be borne in mind that only one owner of the car can be indicated in the passport of the technical device; accordingly, the car can be registered in the name of one of the legal successors, who will use it after the death of the testator. However, in order to sell the vehicle, he will need to obtain the consent of the remaining heirs.

Is it possible to sell a car, how long after taking ownership?

To obtain the right to dispose of inherited property, it is necessary to issue a certificate at a notary's office. On the basis of such a document, a person has the right to register movable and immovable property, which he accepted as an heir.

The standard period for entering into inheritance is 6 months. After the specified time, the heirs receive official documents giving them the right to dispose of the property of the deceased.

According to Art. 1163 of the Civil Code, registration of inheritance can be carried out in a shorter period of time. To obtain a certificate, you must provide irrefutable facts about the absence of other claimants to the property.

Read more about re-registration of a car after inheritance here.

Is notarization required?

Without a notary, it is impossible to obtain documents confirming the right to inherit and use property. For proper legal registration, you need to bring with you to the notary office:

• personal passport;
• documents for the vehicle that will confirm that the deceased was its owner;
• STS;
• death certificate.

Without papers confirming the family ties between the heir and the testator or justifying the legality of inheritance, it is impossible to register a car in your name.

How long after the death of the testator is this possible?

You can sell a car after obtaining a certificate of inheritance , a certificate of ownership of the vehicle and entering information about the owner into the title. In this case, the car is the property of the heir and there are no restrictions on the disposal of the property. The legislator allows 6 months for the acceptance of inherited property.

At the same time, it is possible to sell an inherited car without the successor registering ownership of it. In this case, it is necessary to sell the car within ten days from the receipt of the inheritance documents. During the same period, the car must be re-registered to the new owner.

Violation of the deadline for selling a car will entail administrative liability in the form of a fine (Article 19.22 of the Code of Administrative Offenses of the Russian Federation).

Re-registration of a car after the death of the owner in the traffic police

The procedure for re-registration includes:

1. Contact the traffic police department.
2. Payment of state duty.
3. Submission of documents and applications.
4. Making changes to PTS, issuing new numbers (at the request of the heir) and issuing STS.

The list of documents for re-registration includes:

• civil passport of the heir;
• certificate of inheritance rights;
• PTS;
• OSAGO policy;
• STS:
• statement.

Receipts for payment of state fees do not need to be attached to the application. But you must pay it before submitting documents.

In 2021, the heir will have to pay for the re-registration of a car:

• for making changes to the PTS – 350 rubles;
• for issuing STS – 500 rubles. (for paper) or 1,500 rub. (for plastic);
• for changing registration plates - 2,000 rubles.

If you pay the state fee through the State Services portal, you can get a 30% discount on the fee amount. But to do this, you need to submit an application electronically and pay the fee by bank transfer.

Documents are submitted to any traffic police department, regardless of the place of registration of the heir. You must first confirm the reception day. Re-registration takes about 1 hour.

Specifics of car inheritance

In order to inherit a car, the receiver will need to perform a number of established actions (Section 5 of the Civil Code of the Russian Federation). The first step is to declare your desire to accept and open the inheritance.

It can be done:

1. By contacting a notary, where a written statement of intent is submitted.
2. Actual acceptance is to perform actions established by law that indicate intention.
3. Judicial procedure - to achieve your rights by applying to a judicial authority.

The next significant point in the inheritance process is timing. The opening of the inheritance is carried out on the day of death of the testator, which is confirmed by the relevant document.

After this, the successor has 6 months to declare his right and formalize the inheritance (Civil Code of the Russian Federation, Art. 1154). An extension of the period is possible provided that the legal heir has a compelling reason for the delay, which is regulated by the Civil Code of the Russian Federation (Article 1155).

Documents for inheriting a vehicle

To obtain a certificate of right to inherited property, the heir must submit to the notary's office copies and originals of documents that are required in the prescribed manner.

The list of documents is as follows:

1. Statement of intent.
2. Passport of a citizen of the Russian Federation or other document confirming identity.
3. PTS for the declared car.
4. Vehicle registration certificate.
5. Certificate from the traffic police about ownership.
6. An act confirming the assessment of the value of the car.

It is also important to have confirmation in the form of a check for payment of the state fee, without which the heir’s application will not be considered.

The state duty is set depending on several factors - the degree of relationship and the cost of the vehicle. The percentage is established in accordance with the norms of the Tax Code of the Russian Federation (Article 333.24, paragraph 1).

Conducting a vehicle assessment

The fulfillment of this condition is required to determine the percentage of state duty.

In addition, an assessment certificate is required when submitting a package of the above documents when contacting an authorized person. Establishment of value is carried out at the time of death of the testator.

To fulfill this condition, you need to be guided by Federal Law No. 135 of July 29, 1998 “On Valuation Activities,” which specifies the requirements for performing the assessment of motor vehicles. It is carried out by authorized persons - an appraiser or a forensic body.

The heir will need to do the following:

1. Sign an agreement on the assessment with the relevant authority (Federal Law No. 135, Article 9).
2. Provide the expert with the documents and data required for the assessment, including information about the latest repair work.

The deadlines for the procedure are announced by the organization with which the contract was signed. Based on the results of the inspection, the applicant will receive a report; it must comply with the requirements stated in Federal Law No. 135, Article 11.

The successor’s task is also to check the main documents of the organization that carries out the car assessment procedure.

This will be required to ensure competence. Otherwise, if the notary discovers a discrepancy, he has the right to invalidate the assessment act.

Re-registration of vehicles with the traffic police

The next step when registering an inherited car is to contact the traffic police. This is a mandatory condition, since the heir is obliged to re-register the car in his name.

Within 10 days you need to complete the specified procedure, after you have a certificate from a notary in your hands. The implementation procedure is regulated in accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008.

Re-registration requires the provision of the following documents to the vehicle registration authority:

• application from the new owner of the car;
• passport of a citizen of the Russian Federation or other identification document provided for by law;
• car passport;
• certificate of right to inherit the vehicle (certificate issued by a notary);
• insurance documents;
• receipt for payment of state duty.

Depending on the type of registration actions, the amount of the state duty changes, which the heir undertakes to pay when re-registering the car.

According to the Tax Code of the Russian Federation, it is provided:

1. Provided that the vehicle numbers have not been preserved, registration and issuance of signs is carried out - 2000 rubles.
2. Issuance of a vehicle passport (in case of loss) – 800 rubles.
3. Certificate of registration – 500 rubles.
4. Temporary registration – 350 rubles.
5. Changing PTS data – 350 rubles.
6. Obtaining Transit numbers. The size depends on the material from which the numbers are made, ranging from 200–1600 rubles.

If the heir does not want to spend money on this, you can consider sale options. To do this, you need to study the legal side of the issue. In addition, it would not hurt to consult with a lawyer who will explain how to sell a car after inheriting.

Re-registration can be carried out only for one person, regardless of the number of heirs who claim the share. Thus, the shared heirs must determine in advance to whom the vehicle will be registered.

When an heir has the right to sell a car without registering it in his name

Initially, the successor must obtain a certificate of inheritance. It is the basis for registering property rights.

The document is issued to the heirs 6 months after the death of the testator. A notarial certificate is a document of title. It explains how a citizen acquired ownership of a car.

However, the vehicle is included in the list of objects that are subject to state registration. Therefore, the heir is obliged to register the car with the traffic police within 10 days

If a citizen does not want to use the vehicle personally and wants to sell it, then he can conclude a deal without re-registration with the State Traffic Inspectorate.

The right to alienate a car is valid for only 10 days . How much time is given to submit documents to the traffic police?

Of course, a citizen may not register a car with the traffic police if he does not actually use it. However, to sell, you will need to pay a fine for late registration from 1500 to 2000 rubles.

Deadlines for inheriting a car in 2021

Inheritance to a car opens immediately after the death of the owner or after the proclamation of the will (Article 1154 of the Civil Code of the Russian Federation). The timing of accepting a car inheritance in 2021 is related to the presence or absence of the following factors:

• time of receipt of news of the death of the testator;
• the time of receipt of information about the refusal or exclusion from the inheritance of the remaining heirs or heirs in line next ahead.

The standard situation is that the inheritance is accepted within 6 months from the date of receipt of information about the death of the previous copyright holder. In some cases, only 3 months are given for a decision. This is possible if potential owners from the previous line were excluded from inheritance or refused. So, instead of buying shares in a car from his brothers, sisters, or one of his parents, a relative who wants to own the car can ask them to write a refusal. In this case, as the only legal successor who agrees to take responsibility for the property, he receives ownership of it.

Re-registration of the received car to a new owner

The re-registration of the car to the new owner is carried out by the traffic police, which must be contacted within 10 days from the date of conclusion of the transaction. If the heir does not intend to use the vehicle, and a buyer for it has already been found, then it is possible to re-register the car in the name of the buyer without first registering ownership by the heir.

The following package of documents will need to be provided to the traffic police:

• car purchase and sale agreement concluded between the legal successor and the buyer;
• buyer's civil passport;
• PTS;
• car registration certificate;
• a document confirming the right to inheritance;
• receipt of payment of state duty;
• vehicle diagnostic card;
• OSAGO policy.

The car must be re-registered within no more than 10 days from the date of receipt of the certificate of inheritance.

How to inherit a car?

Algorithm of actions when inheriting a car:

1. Preparation of documents.
2. Contacting a notary.
3. Conducting an assessment.
4. Payment of state duty.
5. Obtaining a certificate of inheritance rights.
6. Registration of a car with the traffic police.

The heir can register the deceased's car as his own or through a representative. To do this, you need to contact a notary and issue a notarized power of attorney. It must indicate all the powers that the heir wants to transfer to the representative: drawing up documents, contacting government agencies, filing applications, etc. The representative performs his duties only within the powers specified in the power of attorney.

Note! If the heir of the deceased is a child under the age of 18, then the documents are drawn up by his parents or guardians. But the right of ownership arises from the minor.

Statement

To enter into an inheritance, you must submit an application to the notary for acceptance of the inheritance and the issuance of a certificate of inheritance rights. The application must be submitted within 6 months from the date of death of the owner of the car.

The application must include the following information:

• name of the notary office;
• heir data;
• title of the application;
• information about the death of the owner of the car;
• grounds for inheritance (will, family relationship);
• vehicle information;
• a list of other property of the deceased;
• information about other heirs known to the applicant;
• date and signature.

Sample application

Documentation

To inherit a car, you must prepare the following documents:

• civil passport of the heir;
• death certificate of the property owner;
• a certificate of the last place of registration of the deceased;
• title document for the car (sale agreement, donation agreement, certificate of inheritance rights);
• PTS;
• STS;
• documents on the basis of which inheritance occurs (will, documents on family ties).

State duty

The amount of the state duty depends on the family connection with the deceased. Therefore, it is advisable to present documents about family ties to the notary even when inheriting under a will.

Successors will have to pay:

• 0.3% of the cost of the car - to the surviving spouse, children, parents, sisters and brothers;
• 0.6% of the cost of the car - to other legal successors.

When inheriting a car, benefits for paying state duty are received by:

• minors and incompetent heirs are exempt from payment;
• disabled people of groups 1 and 2 – 50% discount on the cost of the property.

Additionally, you will have to pay for legal and technical services of a notary:

• when filing an application for acceptance of inheritance – 1,000 rubles;
• when issuing a certificate of inheritance rights - depending on the prices of the regional notary chamber.

Grade

The calculation of the notary's state duty is based on the results of the assessment report. Therefore, the heirs will have to order an expert assessment of the car from an independent company.

Procedure:

1. Choosing a company.
2. Conclusion of an agreement and payment for services.
3. Providing a car for evaluation.
4. Receive an assessment report.

Note! When concluding a contract, check with the appraiser that you have a valid license to appraise vehicles. And also whether he is a member of the SRO.

The appraiser may offer to conduct an assessment without inspecting the car, using documents. Since moving a car after the death of the owner is not recommended, you can use this option. However, you must be prepared for the fact that the assessment result will be less accurate.

Certificate of right to inheritance

The certificate is issued 6 months from the date of death of the owner. This is the title document for the property.

Heirs can ask for a general certificate for everyone or a separate one for each.

Does an ex-wife have the right to inherit after the death of her ex-husband?

How to enter into an inheritance after the death of a father?

Donation agreement

This is an alternative option that in some cases allows you to bypass the need to pay tax. Formally, instead of selling, the car is given as a gift, which does not imply any monetary reward. You can even make such an agreement not for the entire car, but only for a certain part of it. This approach is relevant in cases where it is necessary to transfer all shares to one person, who will deal with further sales.

According to Article 574 of the Civil Code of the Russian Federation, state registration is only required for donating real estate. A car is movable property, and therefore there is no need for notarization of the gift agreement. Formally, you don’t even need to draw it up, but without this, it will be difficult for the new owner to register the car with the traffic police.

The main feature of this document is the ability not to pay taxes. But this is relevant (clause 18.1 of Article 217 of the Tax Code of the Russian Federation) only for close family members. If you try to give a car to a third party or a very distant relative, you will still have to pay 13% tax. True, no longer to the donor, but to the recipient.

Donation of a share of a car by inheritance

The new owner in 2021 has the right to donate a share in the car to anyone. He can do this before registering with the traffic police or after it. In the latter case, all issues related to obtaining new documents will have to be resolved by him himself, which means:

• contact the traffic police yourself;
• collect papers for the car;
• take out insurance;
• pay the state fee.

If you plan to give the inherited car as a gift rather than use it, then it is better to do this before registration. You will be able to save on state fees and insurance.

General rules for filling out/drawing contracts

• The agreement must be either completed manually or printed. You cannot enter part of the data with a pen and type the other, but you can print out a standard form and then fill it out manually.
• To enter information, you need to use only blue paste.
• Throughout the entire text of the contract, only complete information is indicated, without abbreviations. An exception is made only for well-known abbreviations, such as “kg and hp.”
• Entries in the contract begin strictly from the beginning of the column. If there is free space left, you need to put dashes, and if there are several free lines, cross them out with a zigzag. Otherwise, this space can be used to add additional information after the document is signed.
• No erasures or corrections are allowed.

Do I need to pay taxes?

If a citizen sells a car that was only inherited, then he must pay a tax in the amount of:

• 13% - for residents of the Russian Federation;
• 30% - for non-residents.

First, the seller must submit reporting documentation to the Federal Tax Service at the place of permanent registration. The declaration must be submitted by April 30 of the following year. Late payment of tax or filing of reports threatens the taxpayer with a significant fine.

Is there any exemption from income tax? Yes. Citizens who own a vehicle for more than 3 years . In other cases, sellers can only use a tax deduction. Details of its receipt are described on the Federal Tax Service website.

Fines

If the new owner of the vehicle did not have time to register the car within 10 days, then a late fine will be sent to the seller, who will have to pay this fine. This can only be avoided by personally visiting the traffic police department with a purchase and sale agreement and deregistering the car. The fine ranges from 1.5 to 2 thousand rubles.

Failure to file a return on time will result in a fine of 5% of the tax amount for each month of delay, up to a maximum of 30%. The minimum amount of such a payment is 1000 rubles and is relevant even if the declaration is empty.

The penalty for late payment of tax is 20% (if this was done intentionally, then the full 40%). In addition, you need to pay 1/300 of the current refinancing rate for each day of delay.

Example: Ivan Ivanovich sold a car for 300 thousand and had to pay 6.5 thousand in tax (with tax deduction). He completely forgot about this, as well as the fact that he needed to file a declaration. Now he must not only pay 6.5 thousand tax, but also 325 rubles (5%) for each month of delay in the declaration + 1300 rubles fine for non-payment of tax (20%) + 1.78 rubles (1/300 of the refinancing rate 8 .25%) for each day of delay in tax payment.

Responsibilities of the seller after the sale

The completed transaction creates obligations affecting both parties. Thus, the heir will pay tax on the sale of a car received by inheritance. It is 13% if he has owned the car for less than 3 years and if the price of the car is more than 250,000 rubles. If the vehicle was cheaper than the specified price or was used for 3 years, then taxation for the transaction is not provided in this case. It will be enough to notify the tax service regarding the sale of the sold car by filing a declaration.

Let's summarize how to sell a car by inheritance without registration. The first step is to enter into inheritance and register the car as your property. The second step is to find a client, conclude an agreement with him to sell the car by inheritance, without registering the car in your name. The third step is to comply with your obligations: pay the 13% tax and/or submit a declaration to the tax service of the Russian Federation.

Sales taxes

If a citizen decides to sell a car within the first 3 years from the date of inheritance or its value exceeds 250 thousand rubles, then he must pay tax. Art. 212 of the Tax Code of the Russian Federation states:

• heirs with Russian citizenship pay 13% tax;
• persons who are nationals of another state pay 30% of taxes.

The tax amount may be reduced if you provide documentation of expensive car repairs. The tax is not paid when the vehicle was acquired as a property more than 3 years ago. Receivers have the right to take advantage of a tax deduction: if the difference between the initial price of the car and the sale amount does not exceed 250 thousand rubles, personal income tax is not paid.

In this article, we examined the sale of a car after its inheritance. Read also about how the car valuation procedure for a notary goes.

What to do if you couldn't find a buyer

If the heir planned to sell the car, but could not find a buyer, then he will have to register the car in his name. 10 days to prepare documents . Missing deadlines will result in a fine.

The procedure for registering a car

1. Initially, the heir needs to obtain a certificate from a notary.
2. Then you should submit the relevant documents to the traffic police department at the place of registration of the copyright holder. Data on a change of owner is entered upon the application of the heir.
3. One of the key documents when re-registering a car is an insurance policy. The MTPL policy is issued in the name of the copyright holder.
4. To obtain a policy, you will need to have a diagnostic card. It is issued upon passing a technical inspection.
5. On the eve of filing the papers, the heir will have to pay a state fee. Its size is 850 rub.

The necessary registration actions are usually completed within 1 day. If necessary, the copyright holder can use the State Services service. The only drawback of this method of submitting an application is the need to register on the state portal.

However, wide possibilities open up for the user. The resource allows you to save a lot of time and money. For example, you can make an appointment with the traffic police and submit an application remotely. When submitting an application to change data about the owner of a car through State Services, the fee can be paid through the portal. The fee will be 70% of the actual rate .