The cost of registering an inheritance with a notary in 2021

Stages of inheritance

First of all, in order to formalize inheritance rights, the successor must go to a specialist within six months from the date of death and life of the testator. This must be done with a death certificate (issued without payment), a passport, and other documents. A lawyer in an office located at the location of the property will accept the application and open an inheritance case. The cost of this operation is about 1100 rubles.

The step-by-step procedure for accepting an inheritance is as follows:

• obtain a death certificate from the registry office;
• collect a package of documents;
• no later than 6 months, go to a specialist.

During the procedure, the notary accepts applications from other legal successors and creates a list of property recipients and their parts. As the deadline for closing the case approaches, legal successors pay state fees and notary expenses upon entering into an inheritance.

After 6 months, and not earlier, the successor receives a certificate of inheritance. Next, he applies the document to the State Register or the State Traffic Safety Inspectorate, where he registers ownership of the apartment, dacha or transport. You will have to pay 2,000 rubles for entering information into the Unified State Register in Moscow. For a change of car owner – about 2800.

What is included in the list of documents required to obtain rights?

• death certificate;
• certificate from the residential address of the deceased;
• will, if any;
• birth certificate, other documents certifying relationship;
• a fragment from the house register, if the successor lived with the deceased;
• documents for real estate: certificate of ownership, purchase and sale agreement, deed of gift;
• certificate from the BTI about the price of the apartment.

If a vehicle is inherited, the successor should be provided with:

• vehicle registration certificate;
• PTS;
• gift or sale agreement;
• property valuation act.

When inheriting other property, for example, deposits or shares, you will need a savings book, an extract from the register of shareholders, as well as other documents confirming property rights.

Note! According to the law, lawyers do not have the right to demand from successors an extract from the Unified State Register on the legal purity of the property. From October 12, 2015, information is requested by the lawyer independently.

What to do after receiving the certificate?

After receiving the certificate, the copyright holder must register ownership of the property. Registration of an apartment, house or land plot is carried out at the territorial branch of Rosreestr. The application and documents can also be submitted through an intermediary - the State Budgetary Institution “My Documents” (formerly MFC).

Registration of the car is carried out at the local traffic police office. The papers are submitted at the place of residence of the heir. You must submit an application for vehicle registration within 10 days . Otherwise, the copyright holder faces a fine - from 1,500 to 10,000 rubles (Parts 1 and 1.1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).

Registration of a share in the authorized capital of an enterprise is carried out by the Federal Tax Service (FTS). The papers are submitted to the registrar within 3 days from the moment of receiving the consent of the company participants to accept the heir as a co-owner (Article 16 of the Federal Law No. 14-FZ).

Read more about the procedure in our article at the link.

State duty upon entering into inheritance

According to Article 333.24 of the Tax Code of the Russian Federation, state duty rates in 2021 are:

• 0.3% of the price of the property if the heirs are relatives of the deceased in the first two lines of inheritance, but not more than 100 thousand rubles;
• 0.6% of the property price for other legal successors. In this case, the payment to the state does not exceed 1 million rubles.

According to the law, the basis for calculating the price of property is its market or cadastral value. To find out the market value when registering an inheritance, you need to order the procedure and receive an appraisal report. You can see how much the property is worth according to cadastral value on the Rosreestr website.

Note! The amount of the state duty does not depend on the order of inheritance. It is determined only by share and closeness of relationship. If there is more than one heir, the amount of the fee is divided among all legal successors in proportion to the share of the property received.

The cost of notary services when registering an inheritance is determined by the scope of the specialist’s technical services. These include the production and certification of documents, issuance of copies, execution of powers of attorney, and consultations. If the state duty is required to be paid, then obtaining UPTC is free: if the client disagrees with the form and content, he has the right to order them elsewhere.

The price list for notary technical services when registering an inheritance is explained by the Federal Notary Chamber, which sets tariffs for each region. However, Article 333.38 of the Tax Code of the Russian Federation exempts privileged categories of citizens from paying money for related services. Their exhaustive list is specified in the legislative act.

Here is an example of some technical fees of a notary:

• announcement of the will – 300 rubles;
• services for legal confirmation of a will – 100 rubles;
• confirmation of the application for entry into rights - 100 rubles;
• certification of the revocation of the will by the testator – 500 rubles;
• confirmation of property abandonment – ​​500 rubles;
• issuing copies of documents – 100 rubles;
• notary request – 50 rub.

Important! If you have difficulties calculating the price for registration of rights, you can use the online calculator on our resource. With its help, you can find out in a few seconds how much it costs to enter into an inheritance this year. To do this, you need to know the estimated or cadastral value of the property.

Categories of citizens exempt from paying state duties and technical services

Articles 333.35, 333.38 of the Tax Code of the Russian Federation determine the list of persons who are completely exempt from paying state duties or who are entitled to discounts when entering into an inheritance. These include:

• heroes of Russia or the Soviet Union;
• participants or disabled people of the Second World War;
• former prisoners of war, prisoners of the Nazis;
• disabled people of groups I and II (50% discount on all notary services);
• people receiving real estate or a share where they lived with the deceased;
• people acting in the interests of wards and minor children;
• citizens registering rights to deposits, insurance payments, royalties;
• persons whose successors are people who died during public service, political repression, or while saving people.

Discounts are provided based on documents presented at the notary's office. Moreover, if the property is inherited by several persons, and one of them is exempt from payment, the state duty is reduced in proportion to the number of heirs.

Is it possible to reduce expenses for heirs?

Reducing costs when registering an inheritance is provided only through benefits.

The following citizens are exempt from paying state duty:

1. Young heirs.
2. Persons suffering from mental disorders. Provided that guardianship has been established over them.
3. Relatives of citizens who died while performing public duties.
4. Heirs who are entitled to deposits, insurance payments or royalties.
5. Persons who lived with a deceased relative for more than 1 year, including the day of his death.

Disabled people of groups 1–2 receive a 50% discount. The tax amount is calculated based on the assessed value of the property.

What is the difference between entering into an inheritance by law and a will?

Entry into inheritance according to law

The procedures for registering inheritance rights by law and by will differ. It happens that the deceased owner of the property does not leave a will regarding the inherited persons. In this case, inheritance is carried out in order of priority regarding the proximity of the relationship.

According to the law, the line of inheritance looks like this:

All children of the deceased, born in an official or unofficial marriage, adopted, born after his death, as well as unborn heirs, have the right to accept the inheritance of their parents. If the legal successor is just preparing to be born, according to the law, it is impossible to divide his share before birth.

Note! The property is distributed equally among the first-degree heirs. At the same time, apartments, deposits and other property, according to Article 1117 of the Civil Code of the Russian Federation, cannot be inherited by unworthy persons, as well as by parents deprived of their rights.

Also, dependents - disabled people who lived with the testator and were supported by him for at least a year - can become successors in order of priority. Dependents have the right to receive no more than ¼ of its amount. To do this, they, as well as the successors of any of the lines, when entering into an inheritance, need to go to the notary's office in the city where the deceased lived and declare their right.

In the absence of a will, the law allows the heirs to agree on the division of shares. This can be done legally correctly by drawing up an agreement in writing.

Entry into inheritance under a will

The state grants the right to every citizen of the Russian Federation to dispose of property at their own discretion. A person has the right to transfer for use what belongs to him to any person, even if he is not his relative. Legally, the will of a citizen is reflected in a will - a document defining the rights and obligations of the recipients of the inheritance from the moment of its opening. He can assign shares in property in an arbitrary amount to a notary.

However, the owner of the property will not be able to disinherit people from the following four categories:

• minor children;
• children who have reached adulthood but are unable to work;
• a retired or disabled spouse;
• father and mother who have lost their ability to work.

One way or another, they will receive a share of the inheritance, regardless of who is indicated in the will as the beneficiary.

Entry into inheritance under a will is carried out in the following order:

• the notary announces the contents of the testamentary document (if it was transferred in an envelope);
• the heirs write an application to enter into inheritance rights;
• beneficiaries provide a package of documents: passport, death certificate, certificate from the house register, inheritance data (location, cadastral number of the apartment, area, etc.);
• the state duty is paid, a certificate of title to the property is obtained;
• the acquired property right is registered with government agencies.

If the heir does not have a copy of the will, and he cannot take it from his relatives for good reasons, he must obtain the document from the lawyer who carried out the certification. The specialist does not have the right to refuse service to the recipient: by law, he must issue a copy within 10 days. If there is no information about the inheritance, the applicant can seek help from the notary chamber.

Main reasons for failure and solutions

The refusal to provide the opportunity to participate in the division may be explained by the person’s lack of this right initially or his exclusion from the inheritance division in a lawsuit. To solve the first problem, you need to file a statement of claim submitted to the court. The solution depends on the specific problem.

Perhaps this is the restoration of a deadline for acceptance that was missed for a good reason or a reasonable request to recognize a will certified by a notary as invalid. Cases often come to light with a request to include unaccounted heirs in the division, for example, on the right of compulsory share.

What is the difference between receiving an inheritance by will and by law?

As you can see, the deadlines, list of documents and the procedure for their provision are unchanged in both cases. The difference between legal procedures lies in the specifics of inheritance. The circle of persons entering into inheritance under a will is much wider: it is not limited to the first priority beneficiaries. Not only blood relatives, but also people completely alien to the family can inherit by testament. They can be individuals, enterprises and even states, including foreign ones.

At his own discretion, the testator determines the inheritable shares in the property. He can leave half of the apartment to one relative, and divide the rest between three others. When inheriting by law, property will be distributed without taking into account the will of the deceased - equally between all representatives of the first and subsequent orders.

The testamentary order of inheritance takes precedence over the legal one. According to Article 1111 of the Code, the latter comes into force only if the deceased did not write a will or it was declared invalid. Also, property is divided in equal shares according to the law if the successors specified in the document renounced their rights. One of the main requirements for the testator is that at the time of drawing up the will he must be legally competent. Otherwise, interested parties may challenge the validity of the document in court.

Where to find a will

Typically, after making a will, the testator:

• transfers it directly to the heir;
• indicates the place where it is located.

But it happens that the heirs do not know about the contents of the will and its location, or even about its existence. Light is shed on this when contacting a notary after the death of the testator. It all happens as follows:

Contact any notary

The potential heir contacts any notary at the place of residence of the testator and presents:

• death certificate;
• your passport;
• proof of relationship (birth certificate, marriage certificate).

The notary uses the notary's information database to check whether a will was drawn up by the deceased. When confirming this fact, he reports the coordinates of the notary who certified the required will. This notary retains a second copy of the will.

Next, the heir turns to the notary who certified the will

The latter outputs:

• a duplicate of the will with a note that it has not been changed or revoked;
• if the original will has been changed, then duplicates of all wills with a note on the last one indicating its validity.

But provided that the heir is indicated in this will. Otherwise, it is not transmitted to him.

After this you can enter into an inheritance

The heirs with the will in hand should also appear before the notary to confirm the validity of the will. This way you can verify its effectiveness.

If it is impossible to determine the value of the inheritance: valuation of the inherited property

Payment of the state fee for entering into an inheritance is a necessary legal requirement for the successor. As far as we know, the amount of the contribution depends on the price of the property, amounting to 0.3% and 0.6% of its value. To correctly calculate the amount of the fee, the notary needs to know the value of the property. This is the only reason why a property valuation should be carried out upon taking possession.

Heirs have the right to independently choose the method of property valuation: at market or cadastral value. You can find out the value of real estate from the state’s point of view on the State Register website without paying - any specialist can enter the resource and obtain information. Obtaining a market valuation involves expenses. To carry out the procedure, you must use the help of independent appraisers or authorized government bodies who will charge a fee for their services.

Depending on the region, the real estate valuation procedure costs 5-10 thousand rubles. It can be economically justified only if the cadastral value of the property significantly exceeds the market value.

Note! In addition to real estate, all types of property of the deceased that require registration are subject to assessment: transport, shares, bonds, business, weapons. Items must be appraised within six months after the death of the testator.

You can find out how much they pay for the valuation of various inheritance objects in the table:

Formulas and examples of calculating the costs of inheritance

Example 1. After his death, a man left his heirs (his wife and two daughters) a homeownership that he inherited from his parents. Such property is not recognized as jointly acquired property, so it was divided in equal shares between each family member.

The cadastral value of the house was 5 million rubles. Due to the fact that the heirs were close relatives of the deceased, the state duty was calculated at a rate of 0.3%:

5,000,000 *0.3/100 = 15,000 rubles.

Payment of the notary fee was made by each legal successor in the amount of 5,000 rubles. In addition, the heirs reimbursed the expenses of the notary's office in the amount of 4,000 rubles.

Example 2. After the death of a single citizen, a car worth 2 million rubles was left behind. The man had no children and divorced his wife. The only relative who could inherit was the nephew. He began to register the rights to the property. Since the heir was not a close relative of the deceased, the state duty is calculated using the following formula:

2,000,000*0.6/100 = 12,000 rubles.

In addition, the testator's nephew reimbursed the appraiser's expenses in the amount of 5,000 rubles and the technical services of a notary. The total amount spent by the assignee was 21,000 rubles.

Example 3. A girl inherited from her father an apartment worth 3 million rubles and was indicated in the will. Besides her, the man had a 30-year-old son from his first marriage, about whom there were no documentary orders. There were no minors or dependents in the family.

According to the law, the girl has the right to real estate in the amount of 100. The registration fee is calculated as follows:

3000 000 *0.3/100=9000 rubles.

In addition, the heiress paid the notary's expenses in the amount of 5,000 rubles. It does not include the fee for registering property in the Unified State Register of Real Estate - 2,000 rubles, which the girl gave to the territorial body of Rosreestr.