Registration of a car by inheritance after the death of the owner in 2021

Good afternoon, dear reader.

In this article we will talk about the features of registration of a car by inheritance . Since entering into an inheritance is a fairly rare procedure and many encounter it no more than once or twice in their lives, it raises many questions among readers.

Today we will look at how to inherit a car, how to register a car with the traffic police and how to sell or gift it to a new owner:

Inheriting a car.
How to re-register a car as an inheritance?
Selling an inherited car.

Inheriting a car

Like any property, a car can only be inherited if it is registered as the property of the testator. Therefore, if a citizen bought a car by power of attorney, then his heirs will not be able to claim it. Moreover, they will not be able to receive the deceased’s money paid for him.

If the testator is the owner, then the car can be inherited:

According to an inheritance agreement. To do this, the owner of the vehicle must enter into an agreement with a potential heir during his lifetime. Moreover, any legal entity or citizen can act as an heir. The document is certified by a notary. It is necessary to obtain the consent of the heir to enter into an agreement.
According to the will. The will must be drawn up by a notary. The contents of the will are kept secret from the heirs and third parties. Relatives, other citizens, organizations, and the state can act as heirs.
In law. If the owner of the car has not drawn up an inheritance agreement or will, then the car is inherited by his relatives. The first priority heirs are the spouse, children and parents. The car will be divided among all the heirs of the same line who submitted an application to the notary in equal shares.

Separately, it is necessary to highlight the dependents of the deceased. These are citizens who were supported by the owner for at least 1 year before his death.

If a potential dependent is a relative, then in order to be included in the heirs, he must prove the fact of regular receipt of financial assistance from the deceased and his own inability to work (minor age or disability).

If the potential dependent is not a relative, then the fact of being a dependent will have to be established through the court. He must prove his own disability, being supported for at least 12 months, living together and maintaining a common household.

The dependent receives a share in the inheritance of the deceased, on an equal basis with the heirs of the queue entering into rights.

In addition, dependents, minor children, disabled adult children, parents, spouses have the right to a mandatory share in the inheritance when drawing up a will. The testator is obliged to provide for them a share in the property of at least ½ part of the share that they would have received during inheritance by law.

It's simple

As you can see, everything is simple, if only there was time and opportunity. I hope you have no questions about registering a car as an inheritance. And if there are any left, ask in the comments. See you again!

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How to inherit a car?

Algorithm of actions when inheriting a car:

Preparation of documents.
Contacting a notary.
Conducting an assessment.
Payment of state duty.
Obtaining a certificate of inheritance rights.
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:

Choosing a company.
Conclusion of an agreement and payment for services.
Providing a car for evaluation.
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?

Grade

A car is a type of property that needs to be valued. If there is no assessment, the notary will not be able to transfer the certificate to the heir.
But there is one point. To evaluate the vehicle, you do not need to provide the unit itself. It will be enough to show only the documentation for the car and information about the kilometers it has traveled.

Naturally, the actual assessment will be different from the paper assessment. It all depends on the presence of various defects seen in fact and not indicated in the documents.

Important! It is better for the heir if the analysis shows a lower cost. This affects the amount of the duty.

It is recommended to carry out this procedure in a short time so that the vehicle can be further registered.

How is a car divided between heirs?

Heirs have the right to divide the car both before entering into inheritance and at any time after that.

How can you divide a car:

Sell, and divide the money from the sale in accordance with the shares in the inheritance. The disadvantage of this option is the need to pay personal income tax in the amount of 13% of the transaction amount when selling a car that has been owned for less than 3 years.
Determine the order of use.
One of the heirs receives the car in full, and the other legal successors receive property of similar value.
One heir takes the car, and the others receive monetary compensation for their shares.

The heirs can divide the car within three years from the date of opening of the inheritance according to the rules of Articles 1165 - 1170 of the Civil Code of the Russian Federation (part two of Article 1164 of the Civil Code of the Russian Federation), and after this period - according to the rules of Articles 252, 1165, 1167 of the Civil Code of the Russian Federation as follows:

voluntarily (by agreement)
through the court.

Regardless of the option chosen, the heirs will have to pay a state fee. To certify the agreement - a state fee to a notary (from 5,000 to 11,000 rubles), in case of a legal dispute - a state fee to the court.

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

The procedure for re-registration includes:

Contact the traffic police department.
Payment of state duty.
Submission of documents and applications.
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.

Inheritance

Upon request, a notary opens a inheritance case and registers it in the UIS (unified information system of notaries).

This is done to avoid the opening of duplicate notarial cases for the same property by other heirs with other notaries. If there is information about an existing open inheritance case, the application and all documentation are forwarded to the notary office in charge of the relevant case.

The inheritance case is handled exclusively by one notary.

Conducting an inheritance case is perhaps the most painstaking and time-consuming of notarial actions; it includes determining the estate, circle of heirs, allocating shares, etc. If you have any doubts, contact our lawyers for clarification by filling out a request for a free consultation at the end articles.

Tax on a car after the death of the owner

In accordance with the letter of the Federal Tax Service of the Russian Federation dated April 16, 2010 No. 03-05-06-04/86, in the event of the death of the owner of the car, the following situation arises with the payment of transport tax:

if the taxpayer received a notification about the need to pay the tax (sent through the State Services portal or by mail 30 days before the end of the payment period), then the transport tax debt passes to the heirs;
if the notification was not received or the Federal Migration Service did not have time to issue the debt for payment, then the heirs are exempt from payment.

Who can inherit a car in 2021?

The heir to the deceased’s car in 2021 may be:

persons (individuals and legal entities) specified in the will, including international organizations and foreign states;
citizens who are close relatives of the deceased (the order of inheritance is determined in accordance with the seven degrees of priority prescribed in Articles 1142-1145 of the Civil Code of the Russian Federation);
the state represented by municipal authorities;
subjects of the Russian Federation (Article 1151 of the Civil Code of the Russian Federation).

At the time of opening of the inheritance, the citizen (legal successor) must be alive. Persons conceived during the life of the testator and born after his death are also called to inherit (Article 1116 of the Civil Code of the Russian Federation). This means that even an unborn baby conceived during the owner’s lifetime can become the new owner of the car.

How to sell a car after the owner's death?

Heirs can sell the car immediately after receiving a certificate of inheritance rights. However, it is not necessary to register the car before selling it.

Note! The law prohibits the use and sale of a vehicle within 6 months after the death of the owner.

Procedure for selling a car:

Find a buyer.
Carry out a vehicle inspection.
Draw up a purchase and sale agreement.
Registration of an MTPL policy (by the buyer).
Registration of the transaction with the traffic police.

Attention! If less than 10 days have passed since the receipt of the certificate of inheritance rights, then information about the heir is not entered into the PTS.

The heir can present to the traffic police when registering the car by the buyer a certificate of inheritance rights or a copy thereof. The document will be returned to him upon completion of registration.

Refusal to receive

IMPORTANT! The refusal cannot be changed or withdrawn.

And also you cannot choose an inheritance.
More precisely, to refuse any share of the inherited property, while accepting another share of this fortune. This is the peculiarity of accepting vehicles by inheritance. But there were also moments in which the refusal was recognized as invalid. Usually these are situations where the person who receives the inheritance was under the influence of violence, was deluded, or unknowingly directed his actions.

Life situations

Let's consider situations that may arise during the process of inheriting a car.

How to restore a title after the death of the owner?

To inherit a car, a notary may request a title. This is not the only document that can be presented to the notary's office. In return, you can submit a purchase and sale agreement or STS.

Subsequently, the heir will need a PTS. Without it, you cannot register a car, issue a compulsory motor liability insurance policy, or sell a car. If the document is lost or its location is unknown, then a duplicate can be issued.

Art. 14 Federal Law No. 283 of 2021 provides for the possibility of obtaining a duplicate by the owner or his representative. To restore the document, you will need to contact the MREO OGIBDD of the Ministry of Internal Affairs in the region of residence of the deceased. The state fee for issuing a duplicate is 800 rubles. (clause 36 of article 333.33 of the Tax Code of the Russian Federation).

How to register a car after the death of my husband?

The procedure for re-registering a car after the death of a husband has its own characteristics. If the vehicle was purchased during marriage, the surviving spouse must:

Contact a notary to allocate the marital share. As a general rule, spouses are entitled to ½ share of every property purchased during the marriage.
Claim the priority right to inherit the car as a co-owner.
Pay other heirs compensation for their shares in the ownership of the car.
Pay the state fee.
Obtain a certificate of inheritance rights.
Re-register the car with the traffic police.

Thus, the spouse can become the sole owner of the vehicle.

A car to inherit for several heirs?

A car is an indivisible thing. Therefore, several heirs can own it only under the right of common joint or common shared ownership. This situation is popular if one of the heirs is a minor child or an incapacitated citizen. That is, a person who legally cannot use the car for its intended purpose. But he has no opportunity to ask for compensation for his share.

By law, 2 or more heirs can use a car, determining the order of use:

voluntarily;
through the court.

But in practice, it is better for one of the heirs to pay compensation to the others or sell the car altogether and split the money.

Is it possible to drive a deceased relative's car?

Definitely not. From the moment the owner of the car dies, all documents issued in his name become invalid. These include PTS, STS, OSAGO and CASCO agreements, and a power of attorney for the use of a car. Therefore, the use of a vehicle after the death of the owner is prohibited.

Naturally, when checking documents, the traffic police inspector will not notice the catch. But when he checks the database, the driver faces serious problems. Since May 2021, information about the death of a car owner is received by the traffic police directly from the Federal Tax Service. The traffic police removes the car from registration without warning the heirs.

Therefore, a citizen who finds himself in such a situation will be issued a fine for using a vehicle without registration. In 2021 it ranges from 1,500 to 2,000 rubles. (Article 19.22 of the Code of Administrative Offenses of the Russian Federation).

Of course, putting a car in a garage for 6 months before registering an inheritance is not easy. Especially if the vehicle was registered to the deceased, but in fact it was used by another family member.

But in the event of an accident, the driver will not be able to use insurance; he will have to compensate the second participant in the accident for damages from his own funds, as well as repair the car at his own expense.

The law does not make an exception for the spouse of the deceased. If the car was purchased during marriage, but is registered in the name of the deceased spouse, the surviving spouse cannot apply to the traffic police for re-registration before the expiration of 6 months.

This is why buying a car by proxy is a bad idea. If the legal owner dies, the car is inherited. The actual owner loses rights to it.

What to do with insurance

There is another stumbling block when registering an inheritance for transport related to insurance. This problem lies in the fact that MTPL and CASCO insurance when inheriting a vehicle is terminated early due to the death of the owner of the vehicle.

One of the foundations of insurance is the presence of an obvious material interest of the insured in the object of the agreement. In the event of the death of the owner of the vehicle, his financial interest is transferred to his successor.

And here the main problem appears: this transition does not occur overnight, but only after the inheritance comes into legal force. This takes time, namely six months after the death of the former owner.

The insurance company is not able to return the funds before the due date, but eventually a recalculation will be carried out.

Lawyer's answers to private questions

After the death of my father, I inherited 2 cars. The heirs were my mother, me, grandparents. We received a certificate of inheritance rights. Each received a ¼ share of each car. How to register them with the traffic police?

You can register in the name of only one of the owners. Therefore, you need to decide to whom the cars will be registered. If the co-owners do not have a common opinion, then discuss the possibility of buying out shares.

Finished the inheritance registration after the death of her husband. All property, including the car, was divided between me and 2 minor children of 1/3 share. How can I sell my car now?

Contact the guardianship department to obtain permission for the transaction. The money received from the sale of shares owned by children will have to be deposited into their personal bank accounts. If the guardianship department refuses to issue permission, then go to court. Justify the need to sell by saying that the car will not be used by children for many years, during which time it will lose value or become completely unusable.

The father was in his second marriage. He bought a car before marriage. A month ago he died. And his wife continues to use the car. There is wear and tear and the value decreases. How to stop this?

Contact a notary to ensure the safety of the inheritance.

A married mother bought 2 cars and registered them in her husband’s name. She died 2 months ago, and he is hiding these cars from me. And he and I inherit all the property in equal shares. What to do to receive an inheritance correctly?

Apply to the court to allocate the mother's marital share in these cars. Since they were married at the time of purchase, he is entitled to ½ share in each car. But the second half must be part of the inheritance. You are entitled to ¼ share of each car. To go to court, you do not need documents for the car; the court will request them from the defendant.

I want to buy a car from a girl who inherited it. She did not register him with the traffic police. Are there any problems with this car?

Registration is not a requirement. But difficulties may arise when identifying heirs who have not assumed their rights. The car may also be pledged. Please check the information carefully before concluding a transaction.

Nuances when registering a car for several co-owners

Often, several relatives simultaneously claim an inheritance that is not divided between relatives and through a will. If none of them wants to cede ownership rights, then the car is appraised, after which shares are allocated to each owner, as when taking ownership of real estate.

The actions are similar to those performed by the sole recipient of the inheritance. As soon as the car is registered, it has several co-owners. None of them can decide the fate of the car separately; they will have to negotiate.

If a compromise is reached, the car is sold. In other cases, the owners go to court, which decides what to do with the car, how to divide the proceeds from its sale.