The Ministry of Justice gave clarifications to the heirs and their representatives

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After a person dies, his property goes to his heirs. If the testator managed to leave a will, the inheritance of assets occurs on the basis of his last will. The absence of an administrative act triggers inheritance of property by law. The issues of opening an inheritance are dealt with by an authorized person - a notary. He is entrusted with the functions of distributing property between applicants.

The question arises, how to find out about the opening of an inheritance and contact a notary? Indeed, situations can be different: distance from the place where the inheritance was opened, several objects of inheritance, ignorance about the opening of the case, employment and other factors. Let's try to figure out how and where an inheritance is opened, who manages it, and what the heirs need to do.

Is it possible to apply for an inheritance at any notary office?

The testator died, but he was left with property: a house, a garage, land, a car, a deposit, jewelry, shares and other assets. What should the heirs do?

First of all, you need to submit an application to a notary office. Typically, a probate case is opened at the residence address of the deceased (less often, at the place of residence).

If the address is unknown or is located outside the state, then you can contact a notary at the location of the testator’s property (see “Place and time of opening of inheritance”). If assets are located in different cities, the application is submitted to the one where the most valuable property is located.

For example, the apartment of a deceased citizen is located in Budennovsk, and the car is in an impound lot in Pyatigorsk. Therefore, the heirs need to submit documents to a notary from Budennovsk.

In a word, any notary office will not work - otherwise there would be confusion.
If the testator has not reached the age of 14, the application to the notary is submitted at the place of residence of the child’s legal representatives (parents, guardians, trustees).

How to find out if an inheritance case has been opened?

How to recognize a notary by inheritance?

Typically, this question arises if there are several notary offices operating in the area where the testator lives. You can determine which of them you need to submit documents to by calling a notary.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

But it is better to use the official website of the Notary Chamber. The resource contains an up-to-date database of all notaries in Russia. By requesting the necessary information, you can find out: the notary’s full name, service region, office address, telephone, email and other data.

The Unified Information System (UIS) is now in effect - notaries have access to its information. The heirs can contact the nearest notary office, pay to find the right notary and determine which specialist is handling the case? It is advisable to apply as a group of relatives - this way you can quickly find out about the inheritance, and then notify the other applicants.

Read our instructions on how to recognize a notary in order to enter into an inheritance?

Underwater rocks

When registering an inheritance, citizens must take into account the following nuances:

1. If the heir is a minor or incapacitated citizen, then his interests are represented by a legal representative. He must provide a birth certificate of the recipient of the property, a court decision on guardianship or trusteeship, or another document confirming his rights.
2. If there are several heirs and they cannot agree, then not always each of them can present a death certificate. In this case, you can take a duplicate of the document. To do this, you should contact the registry office where the original was received.
3. The final stage of the procedure is obtaining a certificate of inheritance. It is issued 6 months after the death of the testator. If there are several heirs, then each of them receives a document indicating the share of the property.

How to open an inheritance case with a notary

There are two options for opening an inheritance: if there is a will and if the property is inherited by law (lack of a will). It must be taken into account that the procedure for opening an inheritance in these cases differs (see “Differences between inheritance by law and by will”). But in general, the steps are the same.

By will

The disposition gives certain privileges to the heirs. In fact, they have priority in inheritance, regardless of other claimants, including close relatives of the deceased citizen.

However, in order to take over the rights, the heir must contact a notary in a timely manner. If he is part of the circle of close relatives, he can accept the property on a general basis.

Algorithm of actions

1. Find out if there is a testamentary disposition.
2. Contact the notary's office at the location of the will - usually its address coincides with the address of the deceased's last place of residence.
3. Make an application for inheritance.
4. Submit the initial package of documents.
5. Collect and deliver missing documents.
6. Pay the tax fee - state duty.
7. Obtain a certificate of inheritance.
8. Register ownership with the Rosreestr or the State Traffic Safety Inspectorate.

Example:

During his lifetime, the testator left a will in favor of his sister. He gave her shares in an oil company. The rest of the property (the house and the land attached to it) was inherited by the relatives in order of priority. After the death of a citizen, his relatives turned to a notary. The sister of the deceased citizen was abroad at that time. She actually could not return to her homeland and inherit. The deadline for submitting an application has been missed. The wife and son of the deceased person accepted the inheritance in full. Each received a corresponding portion of the property, including shares.

After 8 months, the testator’s sister returned from a business trip. She turned to a notary, where she was refused to issue documents for the property of her deceased brother. The woman met with relatives, but they refused to explain anything. The heiress went to court. She asked to restore the terms and recognize ownership of the securities. The woman managed to prove the validity of the reason for missing the deadline for acquiring her license (the basis is a certificate from the consulate, a boarding pass for an airplane, a certificate from her place of work, an order from her superiors). The court satisfied the plaintiff’s demands on the basis of paragraph 1 of Article 1155 of the Civil Code of the Russian Federation. The inheritance certificate was declared invalid. The ownership of the shares is recognized by the heiress. All applicants received new documents and registered their rights.

Without a will

Acceptance of the property of a deceased person by law is practically no different from inheritance under a will. The main difference lies in the composition of the heirs and the size of the shares they are entitled to.

Algorithm of actions of the heir

1. Preparation of documents for inheritance.
2. Visiting a notary's office - at the address of the last place of residence of the deceased or at the location of valuable property (real estate).
3. Submitting an application for acceptance of assets.
4. Transfer of documents, including relationships.
5. Order a property valuation - from the BTI or Rosreestr.
6. Repeated visit to the notary.
7. Obtaining a certificate of inheritance.
8. Registration of property rights in Rosreestr or the State Traffic Safety Inspectorate.

The most important thing is not to violate the order of inheritance. Opening an inheritance is just the beginning, followed by legal actions on the part of the heirs. They will also have to collect a package of documents.

Required documents

The list of papers depends on the method of inheritance and the type of inherited property.

When contacting a notary office you will need:

• heir’s passport (copy + original);
• documents confirming the death of the testator - a certificate from the registry office or an extract from a court decision declaring a person dead;
• evidence of the relationship between the applicant for property and the deceased person - birth certificate, marriage certificate, etc.;
• extract from the house register - issued to the housing office at the request of the heir;
• certificate from the local police department at the Ministry of Internal Affairs regarding deregistration (if necessary);
• papers for the property of a deceased person;
• a document confirming that the deceased person has no debt - certificates from the housing office, tax office;
• proof of payment of the state duty - receipt (original).

Read more about documents in our article “What documents are needed to open an inheritance case with a notary?”

If inheritance is by will, you must attach the original order. If documents are submitted on behalf of a minor child under 14 years of age, a passport of the legal representative (parent, guardian) will also be required.

A report on the value of the property is required when you contact the notary again. You can set the price of an inheritance in Rosreestr or in a private appraisal firm. All expenses are borne by the heirs.

Application for inheritance (sample)

An applicant for the property of a deceased person needs to submit an application according to the sample.

The document contains the following information:

• details of the notary's office;
• information about the heir (registration address, full name, contacts);
• the essence of the application is to accept the assets of the testator or testator;
• degree of relationship with the deceased citizen;
• date, signature of the applicant.

The application must be accompanied by a package of papers and a receipt for payment of the state duty. The notary establishes the identity of the applicant, checks his legal capacity, completeness of documents and opens an inheritance case. The citizen is explained his rights/responsibilities.

The certificate is issued after the deadline for accepting the inheritance has expired. Before receiving the document, the heir needs to evaluate the property. An assessment report will be required to calculate the amount of tax withheld upon issuance of the certificate.

Deadline for opening an inheritance

You should contact a notary within 6 months . The deadline for filing an application does not depend on the method of accepting the inheritance: by law or by will. The countdown of time begins from the moment of the citizen’s death (Article 1114 of the Civil Code of the Russian Federation).

What to do if a person is declared dead by a court decision? The calculation of deadlines begins from the moment the judicial act enters into legal force. For example, if Ivanov A. was absent from his place of residence since August 20, 2021, and the court decision entered into legal force only on September 30, 2021, the date of opening of the inheritance will be September. The six-month period for entering into inheritance begins on September 30.

Price

What costs does an applicant bear when submitting an application? The state duty is 100 rubles . After opening an inheritance case, the applicant needs to conduct an assessment of the property and pay a state fee for obtaining a certificate of inheritance. The cost of the appraisal depends on the type of property and the city in which the heir lives.

To evaluate an apartment, on average you need about 3,000 rubles. You will have to pay from 2,000 to 3,000 rubles to evaluate the car. Valuation of freight transport will cost 1,000 - 1,500 rubles more.

How much do heirs pay when receiving a certificate? The state duty rate depends on two factors - the degree of relationship and the value of the inheritance.

Basic rates:

• 0.3% - this is what close relatives of the deceased citizen pay . This includes siblings, parents/children and living spouse. The maximum tax amount should not exceed 100,000 rubles;
• 0.6% - this is what other applicants pay . For them, the tax limit has been increased to 1,000,000 rubles.

Notary services are paid separately. On average, applicants for an inheritance pay from 1,000 to 5,000 rubles. The rate may increase if a notary is called to your home. If you travel outside the office, the cost of services increases 1.5 times (Clause 2, Article 22.1 “Fundamentals...”).

Can the heir take advantage of the benefits? Yes. Certain categories of citizens are exempted completely or partially from paying the fee. For example, disabled people of groups I-II are entitled to a 50% discount.

The amount of state duty is calculated based on the base tax rate. Benefits can only be provided if supporting documents are available. If the heir cannot provide them, the tax is paid on a general basis.

Subsequent registration of ownership is accompanied by additional costs. For example, to register an inherited apartment, the heir will need to pay another 2,000 rubles , and the land will cost 350 rubles. Documents are submitted to any “My Documents” (MFC) branch or Rosreestr on a territorial basis.

Features of the procedure

Each procedure has its own nuances. Registration of inheritance is no exception. Let's look at the most common situations that arise in inheritance law.

Inheriting a house

In general, the procedure for registering an inheritance is the same. However, legal successors will have to prepare 2 packages of documents:

1. For a residential building.
2. On the land plot of the testator.

How to deal with the debts of the testator

Upon entry into rights, the debts of the deceased woman are transferred to the relatives. Dividing the inheritance mass and outstanding obligations is not allowed.

Options for the development of events:

1. If the amount of debt is significantly less than the cost of the apartment, then the heirs can pay it off from the inheritance.
2. If the debts exceed the value of the transferred property, then the relatives may abandon it. The debt will pass to the recipient of the inheritance.

If the spouses lived in a civil marriage

When contacting a notary office, you will need a marriage certificate. If such a document is missing, the notary will refuse to accept the application.

The only way out is to go to court. It will be necessary to establish the fact of being a dependent (Article 264 of the Code of Civil Procedure of the Russian Federation).

A common-law husband is entitled to inheritance if:

• is disabled;
• lived together with the deceased for more than 1 year;
• He ran a joint household with her.

If the application is satisfied, the interested person will be able to freely contact a notary. In other cases, the cohabitant has no right to inheritance.