How to open an inheritance case with a notary: general characteristics of registration of rights to inherited property, documents and cost of registration

The procedure for registering ownership rights to abandoned property requires following the procedure established by the legislation of the Russian Federation - opening an inheritance case. It will not be possible to carry it out independently, since it is necessary to contact an authorized person. Without it there is no way to do everything legally.

In order for the inheritance process to begin, the successor must complete certain actions. To do this, write an application to open an inheritance case with a notary.

All actions are regulated by the Civil and Tax Codes. The legal mechanism was created to be able to deal with the problems that are associated with the procedure. In some cases, you can hire a competent lawyer.

Inheritance - brief description

To deal with issues of registration of inheritance rights, you need to study the procedure of actions and their sequence.

The successor should know:

• who turns it on;
• deadlines for fulfilling the requirements provided for by law;
• features of all stages of the case;
• list of documents required for registration;
• who is involved in the procedure.

To carry out actions in the prescribed manner, an application from one of the heirs of the deceased citizen after his death is mandatory. In addition, the right to the abandoned property must be confirmed.

Opening an inheritance case with a notary can only be carried out by those citizens who claim a share on such grounds as a will drawn up by the deceased, or a queue provided for by law. You can start it at the place of last residence of the deceased.

Actions after opening an inheritance case

After opening an inheritance case, legal verification of the legality of the grounds for receiving an inheritance begins. At this stage, the notary must check the list of existing property, collect documents confirming the existence of property rights to the objects of the testator, establish the absence of grounds for recognizing the heirs as unworthy, and search for persons claiming an obligatory share of the property.

Potential heirs claiming property are required to prepare and submit the entire list of documents required by the notary. These can be documents for property, personal documents, documents confirming family ties.

Ignoring the requirements of a notary is a good reason for excluding a person from the list of heirs.

Legal grounds and deadlines for registration of inheritance

The entire procedure is regulated on the basis of the Civil Code of the Russian Federation, which contains basic information about starting a case.

In their capacity is:

• family ties with the deceased;
• dependency;
• a will indicating a successor or the allocation of his shares.

At the same time, other important facts are of primary importance for the inheritance procedure. Let's look at each of them in more detail.

Death of a citizen

With the death of a citizen, the inheritance is opened. It is necessary that this fact be documented.

Legally, the procedure for state confirmation of death and the issuance of a corresponding certificate is regulated by a number of legislative decrees.

The base is Federal Law No. 143 “On Acts of Civil Status”, where Chapter VIII is devoted to a specific process.

Note! The place where death can be registered is the state civil registry office. You need to contact the department where the deceased citizen was registered.

If this is not possible, then the place can be where:

• a body was discovered;
• the person died;
• the immediate family of the deceased resides;
• the court that made the decision to establish the fact of death is located (Article 65, paragraph 1 of Federal Law No. 143).

Relatives can contact the institution and undertake to report it in writing or orally. If a fact is discovered by other persons (individuals or legal entities), then this can be done by:

• organization or institution that works in the field of medicine;
• OVD – executive authority for the protection of the population;
• The institution where the deceased served his sentence;
• the body conducting investigations as a result of the death of a citizen;
• commander of a military unit.

You can submit an application no later than 3 days after the discovery of the body or death.

During the application process, individuals must have the deceased’s passport with them, if available. In addition, you will need to present the applicant’s passport and confirm your relationship with the deceased.

Upon admission, the employee may request a death certificate or an extract from a medical institution, which contains information about what caused the death. You can complete registration with the help of an authorized representative. To do this, you need to issue a power of attorney, which is notarized.

You can obtain a completed certificate from the same registry office; it will contain the following information:

• details of the deceased;
• place and date of death;
• information about the place of registration of the certificate;
• when it was issued;
• date of drawing up the death certificate and its registration number.

In certain circumstances, the procedure is carried out on the basis of a court decision. Depending on the situation, the list of attachments to the statement of claim will differ.

Declaration of death by court

The legal basis for the commencement of inheritance proceedings is also carried by the decision of the judicial authority, which contains data on the recognition of the citizen as deceased. It has equal legal consequences with the previous condition, which is regulated on the basis of the Civil Code of the Russian Federation (Article 1113).

In some cases, it may be necessary to go to court to confirm the fact of death. The court has every reason to make such a decision.

A citizen is declared dead in court under the following circumstances:

• at the citizen’s place of residence over the past five years there is no information about his location;
• the military man has disappeared and there has been no information about him for more than two years;
• a person went missing, and there was a real threat to life.

These circumstances are exhaustive and are reflected in Art. 45 of the Civil Code of the Russian Federation.

The consequences of a court decision are significant. All rights and obligations of a person declared dead are legally terminated. Potential successors will receive legal grounds to open an inheritance case.

Birth of an heir after the death of the testator

A newborn child may become a new participant in the proceedings after the death of the testator. If at the time of opening the case there is an unborn heir, the procedure is suspended (Article 1166 of the Civil Code of the Russian Federation). It can be resumed only after the birth of the baby.

The Civil Code has created conditions for protecting the rights of the unborn child, although at this moment he is not the subject of legal relations. Provided that he is born alive, all rights are automatically transferred to him.

Regardless of the life expectancy, the very fact of birth is the basis for the redistribution of the property left by the testator. When a newborn is born dead, the inheritance procedure is carried out in the generally accepted manner (Article 1165 of the Civil Code of the Russian Federation).

The interests of the child can be defended by:

• citizens who are parents (mother or father recognized by law);
• persons acting as guardians;
• adoptive parents;
• public authorities (for the protection of children's rights).

The basis for inheritance is legally the fact indicating that this is the child of a deceased man. Provided that conception occurs in an official marriage before the death of a person (regardless of who is the biological father), confirmation by examination is not required.

Refusal of inheritance

The legal basis for opening a case is the refusal of one of the successors of the previous line, which was called upon. The conditions are regulated on the basis of Section 5 of the Civil Code of the Russian Federation. This is a legal action that allows for refusal in favor of other persons.

The process implies the following conditions:

• voluntary decision;
• personal discretion of the person refusing;
• free;
• for the benefit of one's own interests;
• unhindered.

The reason for such a decision may be the failure of the successor to assume the rights and obligations that the testator left to him. To formalize the refusal, you must make sure that the inheritance is open.

This means that at the time of refusal the fact of death must be registered (Article 1113 of the Civil Code of the Russian Federation). You will also need to comply with the deadlines and forms provided for the exercise of your right.

Deadlines

The period allotted for accepting an inheritance is regulated by the Civil Code of the Russian Federation. The established period is 6 calendar months from the date of death of the citizen (Article 1154).

During this time, the heirs of the first stage undertake to accept the inheritance. To do this, a written application from the successor is required, which is submitted to the notary's office.

The right of inheritance may arise as a result of the refusal of a citizen called to inherit or his removal; the period for acceptance is also 6 months (Article 1117).

The date of commencement of proceedings is the day the right arose (Article 1154, paragraph 1). However, for persons who have received the right only as a result of non-acceptance by other successors, they must accept the inheritance within 3 calendar months (after 6 months have expired).

Under certain conditions, it is permissible to enter into inheritance rights after the expiration of this period (Article 1155 of the Civil Code of the Russian Federation). In this case, evidence must be provided that the reason for the absence was valid. The court allows you to extend the period required to accept an inheritance.

Time frame for opening an inheritance case

The period for accepting an inheritance depends on the circumstances that serve as the basis for the commencement of inheritance proceedings.

opening date

The Civil Code states that the period for accepting an inheritance cannot exceed 6 months from the date of death of the testator. If a court decision declaring a person dead enters into legal force, the period begins to be counted from the moment the court decision enters into legal force or from the date indicated in the decision itself.

This period may be extended by 3 months if the property is transferred to the heirs through hereditary transmission.

Before the end of this period, each applicant for the inheritance submits an application to receive the valuables.

A notary can extend the inheritance period by 9 months if the official spouse or common-law partner of the deceased testator presents documents confirming that she is expecting a child from the deceased person. Production resumes after the birth of a child, who is a representative of the first line of heirs.

closing date

Termination of an inheritance case occurs in the following situations:

• each candidate for property received a notarized certificate of property rights;
• the notary prepared a resolution refusing to issue a certificate, but other participants did not appeal it;
• the heir who acquired property rights has not applied for a certificate for at least 5 years;
• all participants renounced claims to the property.

The notary file is kept by the notary who opened the proceedings for no more than 10 years. At the end of this period, the case is transferred to the archive, where it continues to be stored.

Cost of notary services when registering an inheritance

Why do you need an assessment of inherited property and how to do it?

First steps and procedure

To begin the procedure, the successor will need to take certain actions to open an inheritance case with a notary. The provisions of the Civil Code of the Russian Federation provide for a number of operations that indicate the desire of the heir to receive the property of the deceased at his disposal.

As already noted, you can file a statement of intent to receive an inheritance. Another way involves actual acceptance.

This means that the heir must perform such actions:

• ownership and disposal of property;
• ensuring the safety and protection of the property of the deceased;
• maintenance at own expense;
• debt recovery;
• maintain in good condition and more.

The procedure established by the Civil Code requires contacting a notary. Submission of an application is carried out by visiting the office in person, with the help of an authorized representative or by mail. The latter involves notarization of the power of attorney.

During a personal visit, it is possible to draw up an application directly to a notary. This way, you can avoid inaccuracies and fill out the form correctly. The notary will provide a corresponding sample and also provide assistance in registration.

When bequeathing property

The heir who is noted in the will has the right to declare his own rights. Such a statement will refer to a document indicating the last will of the testator.

Note! If several inheritance cases were opened, in violation of the principle of priority established by Art. 1115 GR CF, then they must be transferred to the notary at the place of residence of the testator.

If it is in the hands of relatives, then the will is attached when submitting the application.

There may be cases when the heirs do not know its location. Then the only correct solution would be to search directly for a notary. He must keep a second copy.

To do this, you will need to contact the nearest notary, who will provide information about the location of the will. However, to obtain information, you must have with you the death certificate of the testator.

Based on the law

When a citizen dies without leaving a document that contains the last will, inheritance is carried out according to the letter of the law. The procedure is regulated by the Civil Code of the Russian Federation. The first action of the successor will be to confirm the relationship with the deceased.

In such a situation it is necessary:

• certificate confirming legal marriage;
• for children - a birth certificate containing information about the parents;
• certificate confirming pregnancy;
• proof of dependency.

Any of them (or several, if available) are filed at the time of opening the inheritance case. They are attached to the application, which will serve as the basis for actions on the part of the authorized person.

Application to the court to establish the place of opening of the inheritance

The need to file a claim is usually due to the following reasons:

• impossibility of obtaining documents indicating the last place of residence of the testator;
• the testator lived for a long time without registration or with temporary registration;
• there is no information about the last place of residence of the testator.

The appeal is considered by the federal court of general jurisdiction located at the place of residence of the plaintiff. This is due to the fact that the applicant does not have information about the defendant.

Contents of the statement

The petition is prepared in accordance with the requirements of the Civil Code and taking into account the universal rules for filing statements of claim. The claim must contain the following sections of information:

• name of the court;
• personal data of the applicant;
• personal data of each interested person participating in the consideration of the application;
• name of the document: application to establish the place of opening of the inheritance;
• displaying the full name of the testator, date of death;
• indication of relationship;
• display of document details confirming the death of the testator;
• providing information about the presence or absence of a will;
• legal requirements (recognize the location of property or another territory as the place of opening of inheritance, indicating its address);
• inventory of attached materials;
• date of filing the claim and signature of the applicant.

Required documents

The plaintiff must provide:

• plaintiff's passport;
• a document confirming the death of the testator;
• a certificate indicating the impossibility of establishing the last place of registration;
• list of inherited property;
• technical documents for the property confirming its location;
• official refusal of a notary to open a inheritance case due to non-compliance with the territorial principle;
• receipt of payment of the state duty (in 2021 it is 300 rubles).

Documents that the heir may need

Registration of inheritance rights requires the successors to collect a package of documents to submit to the notary. He provides a complete list at the time of application. It should be taken into account that the list of statements and certificates may differ depending on what actions are performed.

To obtain rights you will need the following:

1. Passport of the citizen who is the heir.
2. Originals and copies of certificates confirming family ties.
3. Death certificate (original).
4. The will (if there is one), where there should be a notary’s note about the absence of changes/fact of cancellation.
5. A certificate issued by the EIRC about the last place of residence of the deceased.

This list serves as the basis for opening the inheritance procedure. The content serves as a guideline for collecting required information.

Depending on what property is transferred to the heir’s disposal, other information may be required - archival extracts.

Vehicles

Such an object is not subject to actual inheritance. For legal use of vehicles, registration of ownership is required. This is done at the traffic police department.

The basis for the procedure is a certificate of inheritance, which is presented to a government agency. This means that you cannot do without cooperation with a notary.

When the subject of inheritance is a car, regardless of the type, it is necessary to collect:

1. Technical passport for the vehicle.
2. Ship's ticket (if the object of inheritance is a ship).
3. Certificates of registration actions in relation to the vehicle.
4. An act confirming the assessment of value. It is needed to determine the cost of the state duty.

Next, the new owner has the right to re-register ownership. Only after this can you dispose of the car at your own discretion.

Real estate

To formalize the right to dispose of real estate, documentary evidence will also be required. Their difference will depend on the type of property being inherited. These include residential and non-residential premises, as well as land plots.

Documents using the example of an apartment, room (living premises):

1. On the property right of the testator (agreements, certificates, registration certificate, etc.).
2. Valuation report on the cost of residential premises.
3. Cadastral passport, explication, floor plan of the house.
4. Extract from the Unified State Register of Real Estate and transactions carried out with it.

A complete list, in case of such a need, must be requested directly from the notary. They are provided after opening a probate case and submitting an application the next time you visit the office.

Bank deposits and savings

Inheritance is carried out on the basis of the general procedure of succession, but implies several features. This type of inheritance does not require an appraisal. State fees are charged based on the monetary amount.

If the funds are held by a financial institution, evidence of open accounts and deposits will be required.

The main ones are:

• deposit agreement with the bank;
• a savings book in which there is a mark from the savings bank about the amount of the deposit at the time of death.

It is also possible to request additional information. Its origin is determined by the banking institution and internal requirements.

Who has the right to open a business?

The law suggests that you can open a probate case in any notary office. That is, the notary can be anyone. But it is better to do this in Moscow (as an example), if the inheritance is in the capital and the will-maker lived here. To open an inheritance case, a notary needs grounds. At a minimum, you need to know that the testator is dead. The package of documents must include a death certificate.

Registration of inheritance with a notary is a service available to all legal successors. These are the persons indicated in the written expression of will, and relatives who have the right to claim their share in the order of priority. In addition to spouses and blood relatives, rights are granted to dependents who have been supported for more than a year, as well as people who lived in the same apartment with the deceased. Then the number of applicants for an apartment increases, and dependents and minor children receive a mandatory share of the inheritance in the form of a part of the apartment.

What to do when the inheritance is opened in another city

Such circumstances require appropriate measures. To register, there is no need to go to that locality in person, and this is not always possible.

If such circumstances exist, you should contact a notary at the place of residence of the heir. You can draw up a statement of intention to accept inherited property in his presence at your place of residence. Information about the heir is forwarded to the notary who is involved in inheritance proceedings.

Followers may find themselves in this situation:

• children from the first marriage;
• immediate relatives who have not recently maintained contact with the testator;
• heirs who work outside the country.

In order to take ownership, you can use postal delivery. When submitting documents in person, acceptance is certified by a certificate of opening of an inheritance case.

Such a certificate confirms that the notary has received the originals, and he takes responsibility for their safety. Data about them is also entered into a folder, and is also registered officially. This is done by entering information into the register of the notary's office.

The heir must be given other confirmations that indicate that the inheritance case has been opened with a notary.

Such documents must be kept in two copies. The first is issued directly to the applicant, and the second is stored in a folder. They provide grounds to challenge the decisions and actions of a notary if at least one is missing.

How to find out about the opening of an inheritance case?

Each person claiming property is obliged to independently verify information about the opening of an inheritance. This can be done by contacting a notary in person or online.

Independent verification of the fact of opening an inheritance is necessary in order not to miss the established six-month inheritance period. Otherwise, you will have to restore the missed deadlines through the court.

Request for opening to a notary

An interested citizen who suspects the possibility of receiving an inheritance can apply to any notary office with a handwritten application and personal passport.

With the application, the person asks to provide information about the opening of inheritance proceedings. The notary provides information in writing by issuing a certificate indicating the number of the inheritance case, the date of its opening, the name and address of the notary who is involved in the case. To obtain data, it is enough to know the last name, first name, and patronymic of the deceased person.

Information about opening online

In Russia there is a register of inheritance cases that allows you to check information about the opening of inheritance proceedings. To do this, you need to go to the official website of the notary - notariat.ru, where the last name, first name, patronymic of the testator is entered in the search bar, after which information about the presence of an open case appears on the screen.

The advantage of this method is that even if the last name is misspelled or the middle name is entered incorrectly, the system will offer available options. Among the list of deceased citizens, you need to find your relative.

How much does it cost to obtain a certificate of inheritance?

Inheritance proceedings involve certain expenses for the actions of a notary.

The cost of services will be influenced by the following factors:

• degree of relationship with the deceased;
• estimated value of inherited property;
• the region in which the procedure takes place;
• private notary or public notary;
• types of services provided.

Payment of the state duty is mandatory, the price of which remains static in accordance with the Tax Code of the Russian Federation.

When submitting an application, the notary provides details for making a payment in the amount of 100 rubles (Article 333.24 of the Tax Code of the Russian Federation). You can make payment using any financial institution or terminal.

The receipt is presented to the notary, which will serve as the basis for conducting business in the future.

State fee for registration

A significant part of the costs will go towards obtaining a certificate of inheritance. To do this, it is necessary to pay a state fee, the price of which is set after the property is assessed.

Depending on the degree of family ties with the deceased, it can be:

• 0.3% (up to 100 thousand rubles) – first-priority heirs, among whom are immediate relatives;
• 0.6% (up to 1 million rubles) – other individuals called for the procedure.

To calculate how much the state will need to pay, it is necessary to evaluate the inherited property. Almost all property falls under this process, including money in a bank or microfinance institution.

Additional costs for documents

The notary also provides consulting and technical services, the cost of which can be clarified on the spot, directly upon your visit.

Most technical services are specified in the Tax Code.

Many of the services presented are provided only if circumstances warrant. Thus, the estimated cost can be calculated in accordance with regulations.

What documents are required?

As part of an open case on the distribution of inheritance, you will have to document the existence of family ties. Passport required. Certificates and extracts will also be required if indirect involvement has to be explained. As, for example, in the case when the applicant was dependent on the testator and lived with him in the same apartment or house. Until the case is closed, it is necessary to keep copies so that, if necessary, you can bring the lawyer up to date with the case as quickly as possible.

Originals or copies?

Heirs must bring original papers with original signatures and seals. If this is not possible, you have to use duplicates. It's good when they are notarized. Otherwise, if there are marks in the registers of the relevant authorities that issued the document, a copy is sufficient.

Why is an assessment needed?

The basic stage of registration of ownership of a land share or other property is assessment. This is a process to determine the value of property that passes to successors by right of inheritance.

The choice of valuation method remains with the heir; there are three in total:

• cadastral;
• inventory;
• market

The procedure is regulated by the legislative framework, where the main one is Federal Law No. 135 of July 29, 1998. Separate paragraphs from the Civil, tax and other codes of the Russian Federation also apply. The government has developed a mechanism and standards for federal assessment. Thus, a special legal regime has been created to carry out the process.

Note! Most inheritance cases require an assessment so that the heir can fully assume inheritance rights. The assessment act serves as the basis for paying the state fee, without which the matter will not proceed further.

Therefore, it is important to evaluate the property in the prescribed manner. In addition, having information about the value of the inheritance will allow the shares to be distributed among the heirs.

Valuation price of inherited property

The activities of the institution that performs the procedure are carried out on a paid basis. According to the norms of Federal Law No. 135, appraisers can charge fees for services provided (Article 14). The price depends on the type of property being inherited.

The price should be set at the stage of signing the contract, and this is a mandatory point (Article 10 of Federal Law No. 135). This condition will help avoid conflicts in the collaboration process.

If there are not enough or missing documents

The legislation provides for conditions when it is possible to inherit even if documents are lost. However, the procedure becomes significantly more complicated.

Lack of documentary evidence is possible under the following conditions:

• loss;
• impossible to find;
• unformed/not processed.

And also, the successor may not always not know what property was left to him as an inheritance under the will. Accordingly, it is impossible to collect the necessary extracts that need to be submitted to register rights.

At the first stages of the inheritance case, it is possible to provide only basic information - draw up an application and confirm family ties.

Confirmation of relationship

The established procedure requires confirmation of the fact of family relationships. This can be done by submitting the relevant documents issued by the Civil Registry Office.

These include:

• birth certificate;
• divorce/marriage;
• a certificate confirming the fact of changing the surname (first name, patronymic).

If they have been lost, they can be restored by contacting the department where the primary version was issued.

As a rule, difficulties begin at this stage. Since not all information may be at the disposal of the heir, it is not easy to find a specific registry office or go to the required region.

The law allows you to submit a request to the relevant government agency. A duplicate will be provided within the specified time. However, things are not always successful.

It happens that the registry office lost information. In this case, it will be extremely difficult to restore the document. In this case, the court must establish the fact of family relations.

For property

The situation with confirming the rights of the deceased to property is much more complicated. Often the heir does not know about the existence of this or that real estate and movable property, not to mention the availability of the relevant documents.

Such situations are possible under the following circumstances:

• a child from his first marriage inherits property, but has not previously communicated with his father (less often his mother);
• inherited by a distant relative;
• a citizen who is not a relative was allocated a share under a will;
• the heir lived outside the country for a long time.

This can be corrected with the help of a lawyer who specializes in inheritance matters. The list provided by the notary should be carefully studied. After this, the lawyer will provide information about where and on what grounds you can obtain this or that certificate or extract.

To obtain duplicates, you should contact the appropriate organization. The successor must submit requests, but formulate them correctly.

Is it possible to transfer the case to another notary, other controversial issues

Order of the Ministry of Justice of the Russian Federation dated April 16, 2014 No. 78 contains a complete list of grounds for transferring a case to another notary, the main ones:

• long illness or death;
• absence from work;
• location of the deceased's property in another area or city.

To implement the procedure, all parties to the case must write a written consent. If someone refuses, the transfer will not take place.

Regarding other controversial issues, the notary cannot impose his opinion, so issues are resolved in court.

Under any circumstances, each of the heirs, regardless of the method of accepting the inheritance, must strictly follow the procedure established by law for its acceptance, and do this within the six-month period allotted for filing the application. And, of course, take the preparation of documents very seriously, so as not to lose the property you are owed.

Read: How to certify the authenticity of a signature with a notary: procedure and useful tips

New property - procedure

It often happens that after accepting an inheritance, other property is discovered. If there is only one successor, then after accepting part of the testator's property, he inherits everything else.

Therefore, it is necessary to take certain actions to formalize your rights. This is a rather complicated procedure, since even credit debts can act as shares.

The legal framework provides for the procedure for registering ownership of property that was not inherited in a timely manner. The basis for this is Art. 1110 of the Civil Code of the Russian Federation. Regardless of the location and nature of the property, it automatically passes to the successor.

According to the requirements, the heir is required to obtain a certificate for the objects of inheritance. This will require repeated cooperation with the notary. If there are no difficulties, the document will be issued. Some cases require litigation.

Which notary to open with, his responsibilities

According to Art. 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is considered to be the place of last residence of the deceased, or the location of the majority of his real estate. You can contact any office or directly to the notary who keeps the will.

If there are several heirs, and the cases will be opened in different places, the applicant will be redirected to the notary who first opened the inheritance case.

This is only possible in the case when several heirs come into play who do not know about each other’s existence.