The procedure for entering into an inheritance: how to inherit real estate, deposits and other property

Entering into inheritance in Moscow

The process of registering rights to inherited property is schematically divided into several stages.

Let's take as our starting point the death of the testator, who left behind an apartment in Moscow to his heirs.

REMOVAL OF THE DECEASED REGISTRATION. Meaning of the action: The place of opening of the inheritance is determined by the last place of residence of the testator (Article 1120 of the Civil Code); with an application for acceptance of the inheritance, the heir can only apply to the notary at the place where the inheritance was opened (Article 1153 of the Civil Code of the Russian Federation).

Consequently, the heir must confirm to the notary the last place of residence of the deceased. Supporting documents are:

certificate from your last place of residence,
an extract from the house register with a note about deregistration due to death.

APPEAL TO A NOTARY WITH AN APPLICATION FOR ACCEPTING AN INHERITANCE. An application to a notary for acceptance of an inheritance must be made within six months from the date of opening of the inheritance (Article 1154 of the Civil Code of the Russian Federation). Such an application may be submitted personally by the heir or his representative acting by proxy. In the latter case, the heir's signature on the application must be notarized.

COLLECTION OF DOCUMENTS. Actions at this stage depend entirely on the type of inherited property. However, in all cases, it is necessary to confirm the family relationship with the testator with birth certificates, marriage certificates, or provide a will (if any) with a note from the notary who certified it that it has not been changed or revoked.

OBTAINING A CERTIFICATE OF RIGHT TO INHERITANCE. This stage occurs when all the documents are collected, presented to the notary, completely satisfy him and do not raise any doubts. In this case, the notary will charge you a state fee for performing a notarial act:

Children, spouse, parents, full brothers or sisters of the testator pay 0.3 percent of the value of the inherited property (according to the BTI certificate of the appraised value as of the date of death, or according to the market valuation of an independent appraisal company, whichever of these two you choose. ATTENTION !!! To you, and not to the notary), but not more than 1,000,000 rubles;
other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles;
Plus payment of tariff for technical work.

REGISTRATION OF OWNERSHIP IN THE CASE IF A CERTIFICATE OF RIGHT TO INHERITANCE FOR REAL ESTATE IS ISSUED. Accordingly, after receiving a certificate of inheritance rights to an apartment, the heir’s ownership rights are subject to state registration. Registration is carried out by the Federal Registration Service. In Moscow, a division of the Federal Registration Service is called the Directorate of the Federal Service for State Registration, Cadastre and Cartography for Moscow.

Opening an inheritance case

According to Art. 1110 of the Civil Code, inherited property previously belonging to a deceased citizen passes to his successors as part of inheritance under universal succession - in the unchanged form in which it was at the time of opening of the inheritance (i.e. at the time of the death of the citizen, the entry into force of the decision on declaring him dead or determining the date of his possible death by the court). According to Art. 1153 of the Civil Code, in order to accept this entire inheritance mass, the potential heir must contact a notary with a corresponding application.

Information

The transfer of rights to property included in the estate is subject to certification by issuing certificates of the right to inheritance to all heirs (Article 1162 of the Civil Code). In order to record all the documentary information necessary for the notary to certify the transfer of rights to property to all heirs, he opens and conducts an inheritance case.

Opening a case is allowed only after the opening of an inheritance. , no more than one case can be opened with a notary . In cases where it is discovered that more than one proceeding has been opened for one inheritance, those cases that are opened in violation of the priority established by Art. 1115 of the Civil Code, are subject to transfer by ownership to a notary who is competent to conduct the specified business. In addition, heirs should know that:

The basis for opening an inheritance case is the receipt from the heirs of the first document, which will in one way or another prove the fact of opening an inheritance . Such a document may well be a death certificate of the testator, death notices, or a court decision declaring him dead.
In addition to this, applications for the issuance of a certificate of inheritance and any other applications, including those executed with violations, can play such a role. This is allowed based on the fact that documents submitted with violations may become a reason for refusal to carry out notarial actions only if the applicant, within the prescribed period, does not submit properly executed applications to the notary.
Documents and applications submitted to a notary to open an inheritance case can be transferred to him either in person or through post offices . In this case, all documents, with the exception of those that are not subject to seizure, are accepted in their original form and against a notary’s signature.
An inheritance case opened by a notary is subject to registration in the register of inheritance cases, after which it is assigned an appropriate serial number. In the above book, in addition to the deed itself, all applications received regarding it from the heirs are subject to registration. Upon receipt of the primary document for opening an inheritance case, a special cover is created in which all documents are placed and special details are applied.

Notaries for inheritance matters

As mentioned above, only one inheritance case can be opened in relation to the property of one testator. This approach is ensured by the territorial division of notaries conducting hereditary affairs. This means that only the notary who carries out his activities in the district where the inheritance was opened has the right to open an inheritance case , which, in turn, as a general rule, is determined by the last permanent or primary place where the deceased testator lived (Art. 1115 Civil Code).

Example

At the request of one of T’s heirs, a notary for inheritance matters in the city of Taganrog, opened an inheritance case at the location (registration) of the movable inherited property of the deceased T, namely a car. To prove the correctness of determining the place of opening of the inheritance, the heir presented the registration documents for the car and its registration certificate. However, in the process of conducting an inheritance case, the notary received a notification from his colleague from Voronezh. It turned out that T had a share in the ownership of a complex of warehouse premises in Voronezh, which was the most valuable part of his inheritance. Based on this and guided by clause 135 of the Rules of Notarial Office Work, the inheritance case was subject to transfer to the above-mentioned notary according to its affiliation.

In order to confirm to the notary the place of opening of the inheritance and to open the inheritance case with him, the applicants provide him with documentary evidence of registration of the deceased testator at his place of residence, issued by the registration authorities.

Such bodies are territorial executive authorities authorized to control and supervise the field of migration - local branches of the Federal Migration Service , and in their absence - local administrations. In addition, when determining the required notary for inheritance matters, it is necessary to remember that:

If at the time of death the testator was permanently or primarily residing at the place of residence or temporary registration, but at the same time retained registration at the place of residence, then the inheritance case is opened by a notary anyway at the place of residence . Thus, it is unacceptable to open an inheritance case at the place of military service, place of student study, place of serving a criminal sentence, etc. However, this rule does not apply to citizens who died in social institutions (boarding schools for the disabled, homes for veterans) and citizens who lived at the time of death in monasteries, churches and other places of worship.
At the same time, if the place of permanent residence of the testator is not known or cannot be established, the provisions of paragraph 2 of Art. 1115 of the Civil Code, based on which, such inheritance cases must be opened by a notary for inheritance matters, carrying out notarial activities in the district where the property of the deceased is located . If it is available in several populated areas - according to the location of the real estate or its most valuable component, and if there is none - according to the location of the most valuable component of the movable property.
If independent determination of the place of opening of inheritance within the framework of Art. 1115 of the Civil Code is impossible, then it is determined in court . In this case, the inheritance case will be opened by a notary at the place indicated in the court decision.
In cases where the last place of residence of a citizen with property in Russia was outside our country, the place of opening of the inheritance, and therefore the jurisdiction of the inheritance case to a particular notary, is determined on the basis of international treaties .

Deadline for opening an inheritance case

Domestic legislation does not establish specific deadlines during which a notary must open an inheritance case. However, the provisions of Art. 1154 of the Civil Code, determine the period within which the heirs must accept an open inheritance. Moreover, it is necessary to take into account that the basis for opening an inheritance case is the application of the heir, which in one way or another indicates the opening of an inheritance, which, according to paragraph 1 of Art. 1154 of the Civil Code, must be submitted to the notary within six months from the date of opening of the inheritance .

Important

Based on the foregoing, the inheritance case must be opened by a notary before the expiration of the six-month period provided for the heirs to accept the property they inherited. Registration of a document that is the basis for opening a probate case is carried out on the day of its receipt, and therefore, the opening of office work should be carried out on the day of receipt of such a document.

At the same time, it is necessary to take into account the fact that Art. 1155 of the Civil Code allows for the acceptance of an inheritance after the expiration of the prescribed period . However, if the inheritance case was not opened before the expiration of the stipulated period, then it is logical to assume that the stipulated period was missed either by all heirs or by the only existing heir. In this case, its restoration is possible only in court, which, however, does not at all prevent the establishment of an inheritance case after the expiration of the period for accepting the inheritance, but before a negative court decision is made.

Documents for opening an inheritance case

The list of documents required to be presented to a notary to open an inheritance case will differ depending on the characteristics of a particular situation. Thus, to directly initiate an inheritance case and begin proceedings on it, the notary will only need an application from the heir to accept the inheritance or to issue him a certificate of right to inheritance. Along with it, in order to preserve the inheritance mass unchanged, the notary will require documentary confirmation of the place of opening of the inheritance (Article 1110 of the Civil Code). In addition to these documents, to conduct inheritance proceedings, a notary will need:

documentary evidence of the opening of an inheritance - a death certificate issued by the civil registration authorities in relation to the testator;
a certificate from the place of registration of the testator, indicating the persons living with him, as of the date of death;
documentary evidence of the relationship between the heirs and the testator - marriage certificates, birth certificates, etc.
a will (if any) with a note from the drafting notary that it has not been changed or revoked;
documents proving the identity of the heir;
title documents for inherited property (if any);
a report on the assessment of the inheritance mass, drawn up on the day of opening of the inheritance;
any other documents required by the notary.

As already mentioned, all documents for which this is permissible are submitted to the notary in their original form against receipt and placed in a separately opened inheritance file. Documents that are not subject to seizure are submitted in the form of copies.

All documents submitted to the notary must comply with the requirements for documents required to perform notarial acts (Article 45 of the Fundamentals of the Legislation of the Russian Federation on Notaries). In particular, the submitted documents must not contain any corrections or deletions, erasures or additions, errors, damage , etc.

What can be included in the inheritance and what cannot?

The inheritance mass includes all property, rights and obligations. These are movable and immovable objects, securities, funds in bank accounts, debts under obligations where the testator acted as a lender. At the same time, each of the heirs is obliged to answer for the debts of the deceased within the limits of the value of the property passed on by inheritance.

Not included in the inheritance:

rights and obligations regarding alimony, compensation for damage to the health and property of citizens;
intangible benefits;
personal non-property rights.

Cost of services

SIZES OF TARIFFS FOR PERFORMING NOTARIAL ACTIONS,

as well as the cost of legal and technical work from January 1, 2021

Notarial action	Rate	Cost of legal and technical work
CONTRACTS THE SUBJECT OF WHICH IS REAL ESTATE PROPERTY
1. Real estate transactions	0.5% of the contract amount, but	6,000 rub.
A) Subject to mandatory notarization	not less than 300 rubles and no more
20,000 rubles
6,600 rub.
2. Not subject to mandatory notarization	A) spouse, parents, children, grandchildren, depending on the transaction amount:	(in the case of alienation of several real estate objects in one agreement, the fee for UPTH increases for each additional object starting from the 2nd, by 1000 rubles. In this case, the total amount of payment for UPTH cannot exceed 13,600 rubles.)
Up to 10 million rubles. inclusive – 3,000 rub. + 0.2% of real estate valuation (transaction amount),
Over 10 million rubles. — 23,000 rub. + 0.1% of the transaction amount exceeding RUB 10,000,000,
but not more than 50,000 rubles;
B) other persons depending on the transaction amount:
up to 1 million rubles – 3,000 rub. + 0.4% of the transaction amount;
from 1,000,001 rubles to 10 million rubles. inclusive -7,000 rub. + 0.2% of the transaction amount exceeding 1 million rubles;
over 10 million rubles. — 25,000 rub. + 0.1% of the contract amount exceeding 10 million rubles.
and in case of alienation of residential premises (apartments, rooms, residential buildings) and land plots occupied by residential buildings - no more than 100,000 rubles.
3. Agreement on registration of shared ownership of residential premises acquired by parents and children using maternity capital funds	500 rub.	5,000 rub.
If, when concluding a contract (agreement), the spouses include in it an agreement on dividing the share of the residential premises, which was acquired with the spouses’ common funds, the notary fee is calculated for each transaction separately and summed up, and the UTTH is charged once at the greater cost.
4. Rent agreements, lifelong maintenance with dependents	0.5% of the contract amount,	6,000 rub.
but not less than 300 rubles and not more than 20,000 rubles
5. Mortgage agreement requiring a mandatory notarial form:
shares in the right of common ownership of residential premises, in particular a residential building with a land plot, to ensure the repayment of a targeted loan (loan) for the acquisition or construction of a house, apartment, or to secure a loan (loan), for the restructuring of a loan granted for the acquisition or construction in a residential building, apartment	200 rubles	8000 rub.
for certification of mortgage agreements for other real estate, with the exception of ships and aircraft, as well as inland navigation vessels	0.3% of the contract amount, but not more than 3,000 rubles	8,000 rub.
if more than one property is pledged under one contract, for each additional property, starting from the second, the payment for the property management and property management increases by 1,000 rubles, but the total amount cannot exceed 12,000 rubles.
for certification of mortgage agreements for ships and aircraft, as well as inland navigation vessels	0.3% of the contract amount, but not more than 30,000 rubles	8,000 rub.
if more than one property is pledged under one contract, for each additional property, starting from the second, the payment for the property management and property management increases by 1,000 rubles, but the total amount cannot exceed 12,000 rubles.
FAMILY LAW CONTRACTS
Marriage contract	500 rubles	10,000 rub.
If rights to real estate or a share in the authorized capital of a limited liability company arise, change, or terminate on the basis of a marriage contract, the fee for UPTH increases by 2,000 rubles. for each additional object, starting from the second, but the total amount cannot exceed 16,000 rubles.
Agreement on the division of common property acquired by spouses during marriage	0.5% of the value of the property subject to division, but not less than 300 rubles and not more than 20,000 rubles	8,000 rub.
If there is more than one real estate object in one agreement, for each additional object, starting from the second, the fee for UPTH increases by 1,000 rubles, but in the total amount cannot exceed 12,000 rubles.
Agreement on payment of alimony	250 rubles	8,000 rub.
Other family law contracts and agreements (on the place of residence of children, the procedure for communicating with children, raising children, etc.)	500 rubles	8,800 rub.
CORPORATE LEGAL AGREEMENTS
The fee for UPTH includes, among other things, filling out an application, scanning documents and transferring them to the Federal Tax Service
Agreements for the alienation of a share in the authorized capital of an LLC (sale, exchange, donation, compensation, contribution of a share in the authorized capital or in the property of a legal entity, etc.)	depending on the contract amount:	the parties to which are:
up to 1 million rubles rubles -0.5% of the contract amount, but not less than 1500 rubles;	A) only individuals - 14,500 rubles.
from 1,000,001 rub. up to 10 million rubles inclusive - 5,000 rub. + 0.3% of the contract amount exceeding 1 million rubles;	B) at least one of the parties is a Russian legal entity - 21,500 rubles.
over 10 million rubles. — 32,000 rub. + 0.15% of the contract amount exceeding 10 million rubles. but not more than 150,000 rubles	C) at least one of the parties is a foreign legal entity - 33,000 rubles.
Donation agreement for a share in the authorized capital of an LLC	0.5% of the contract amount, but not less than 300 rubles, and not more than 20,000 rubles.	the parties to which are:
A) only individuals - 14,500 rubles.
B) Russian legal entities - 21,500 rubles.
C) at least one of the parties is a foreign legal entity - 33,000 rubles.
Pledge agreement for a share in the authorized capital of an LLC	depending on the contract amount:	parties to which
up to 1 million rubles rubles -0.5% of the contract amount, but not less than 1500 rubles;	are:
from 1,000,001 rub. up to 10 million rubles inclusive - 5,000 rub. + 0.3% of the contract amount exceeding 1 million rubles;	A) only individuals - 16,000 rubles.
over 10 million rubles. — 32,000 rub. + 0.15% of the contract amount exceeding 10 million rubles. but not more than 150,000 rubles	B) Russian legal entities - 21,500 rubles.
C) at least one of the parties is a foreign legal entity - 33,000 rubles.
Agreement on granting an option to enter into a contract	depending on the contract amount:	33,000 rub.
up to 1 million rubles rubles -0.5% of the contract amount, but not less than 1500 rubles;
from 1,000,001 rub. up to 10 million rubles inclusive - 5,000 rub. + 0.3% of the contract amount exceeding 1 million rubles;
over 10 million rubles. — 32,000 rub. + 0.15% of the contract amount exceeding 10 million rubles. but not more than 150,000 rubles
Corporate agreement (agreement on the exercise of the rights of company participants)	500 rub.	12,000 rub.
If a corporate agreement (agreement on the exercise of the rights of company participants) includes an option agreement or an option agreement, the fee is charged at a higher rate
OTHER CONTRACTS
Transactions subject to mandatory notarization, the subject of which is not subject to evaluation	500 rubles	5,500 rub.
If the number of participants in the Agreement (agreement) on determining the size of shares when registering inheritance rights is more than 2, then for each additional participant, starting from the 3rd, the fee for UPTH increases by 1000 rubles for each participant. but in total the fee for UPTH cannot exceed 12,500.00.
2. Transactions subject to mandatory notarization, the subject of which is subject to evaluation (preliminary agreement for the purchase and sale of a share in an LLC or a share in an apartment/residential building, etc.)
3. Transactions not subject to mandatory notarization, the subject of which is not subject to evaluation (founding agreement, agreement for gratuitous use, including an apartment, determination of shares and procedure for using property, etc.)	0.5% of the contract amount, but not less than 300 rubles and not more than 20,000 rubles
4. Transactions not subject to mandatory notarization, the subject of which is subject to evaluation (mortgage agreement, rental agreement, lease of residential and non-residential premises, aircraft, sea, river vessels, loans, purchase and sale of movable property, assignment of rights, etc.)
500 rubles
5. Gift agreements (except for real estate):
- children, including adopted children, spouse, parents, full brothers and sisters:
- to other persons:
depending on the contract amount:
up to 1 million rubles rubles - 2,000 rubles. + 0.3% of the transaction amount;
from 1,000,001 rub. up to 10 million rubles inclusive - 5,000 rub. + 0.2% of the contract amount exceeding 1 million rubles;
over 10 million rubles. — 23,000 rub. + 0.1% of the contract amount exceeding 10 million rubles, but not more than 500,000 rubles.
0.3% of the contract amount, but not less than 200 rubles;
1% of the contract amount, but not less than 300 rubles.
2. Agreement on the division of inherited property	depending on the contract amount:	8,800 rub.
up to 1 million rubles rubles – 2,000 rubles. + 0.3% of the transaction amount;
from 1,000,001 rub. up to 10 million rubles inclusive – 5,000 rub. + 0.2% of the contract amount exceeding 1 million rubles;	If there is more than one real estate object in one agreement, for each additional object, starting from the second, the fee for UPTH increases by 1,000 rubles, but in the total amount cannot exceed 12,800 rubles.
over 10 million rubles. – 23,000 rub. + 0.1% of the contract amount exceeding 10 million rubles, but not more than 500,000 rubles.
3. Agreement:	200 rub.	a) – 7,000 rub.
a) about changing a contract or agreement	b) – 5,000 rub.
b) on termination of a contract or agreement (in relation to transactions both certified and not certified by a notary)	If, according to a certified agreement, it is necessary to send an application to the Federal Tax Service, an additional 2,500 rubles will be charged.
4. Inheritance contract	0.5% of the contract amount,	12,000 rub.
but not less than 300 rubles and not more than 20,000 rubles
5. Other contracts and agreements not listed above (including mediation agreement)	0.5% of the contract amount,	12,000 rub.
but not less than 300 rubles and not more than 20,000 rubles
POWERS OF POWER
Note 1: when certifying a power of attorney on behalf of several principals, the notary fee is paid as for certifying 2, 3, etc. powers of attorney, depending on the number of powers of attorney.
Note 2: when certifying a power of attorney for several representatives, the cost of UPTH services increases by 200 rubles for each representative, starting from the 3rd.
1. Powers of attorney for the right to use and (or) dispose of property, with the exception of powers of attorney for the use and disposal of motor vehicles.	100 rub. - children, including adopted children, spouse, parents, full brothers and sisters;	from FL – 1,500 RUR. (no more than 2100 rub.)
500 rubles - to other persons	from a legal entity – 2,500 rubles. (no more than 3100 rub.)
2. Powers of attorney without the right to use and (or) dispose of property, with the exception of powers of attorney for the use and disposal of motor vehicles.	200 rubles	from FL – 1,500 RUR. (no more than 2100 rub.)
from a legal entity – 2,500 rubles. (no more than 3100 rub.)
3. Powers of attorney for the right to use and (or) dispose of vehicles	250 rub. - children, including adopted children, spouse, parents, full brothers and sisters;	from FL – 1,500 RUR. (no more than 2100 rub.)
400 rubles - to other persons	from a legal entity – 2,500 rubles. (no more than 3100 rub.)
4. Powers of attorney issued by way of delegation, in cases where such certification is mandatory in accordance with the legislation of the Russian Federation	200 rubles	from FL – 2,200 rub. (no more than 3000 rub.)
from a legal entity – 2,700 rubles. (no more than 3100 rub.)
5. Power of attorney to receive pensions and social benefits	0 rub.	1,000 rub.
6. Order to revoke the power of attorney	500 rubles	500 rubles
WILLS
There is no fee for the search and for making a mark on the will.
1. Wills (except for accepted closed wills)	100 rub.	2,400 rub.
2. Acceptance of a closed will	100 rub.	3,000 rub.
3. Opening the envelope with a closed will and reading out the closed will	300 rub.	3,000 rub.
4. Order to revoke the will	500 rub.	500 rub.
5. Will:	a) - 18,000 rub.
a) the terms of which provide for the creation of an inheritance fund	b) — 3,300 rub.
b) joint will of the spouses	If the will falls under both clauses “a” and “b”, the fee for UPTC is charged at a higher rate
OTHER UNILATERAL TRANSACTIONS, EXCESS OF WILL
1. Irrevocable offer pursuant to an option to conclude an agreement (Article 429.2 of the Civil Code of the Russian Federation).	500 rub.	5,500 rub.
Not charged if the offer is included in the option agreement
2. Acceptance of an irrevocable option offer	500 rub.	5,500 rub.
The fee for UPTH includes, among other things, filling out an application, scanning documents and transferring them to the Federal Tax Service
3. Consent of the spouse to conclude a transaction (disposal of the spouses’ common property)	500 rub.	1,200 rub.
If more than one real estate item is indicated in the document, the fee for UPTH increases by 100 rubles. for each subsequent item of the transaction, but in total cannot amount to more than 2,100 rubles.
4. Other unilateral transactions (offers, except for irrevocable option offers, refusal to use the preemptive right to purchase under Article 250 of the Civil Code of the Russian Federation, obligations, etc.)	500 rub.	1,500 rub.
5. Consent to the departure of a minor citizen of the Russian Federation abroad of the Russian Federation	100 rub.	1,100 rub.
The size of the fee for UPTC does not depend on the number of minors, as well as persons giving consent, and on the number of accompanying persons
6. Consent to accompany a minor across the territory of the Russian Federation	500 rub.	1,500 rub.
7. Certificate:	500 rub.	a) 2,700 rub.
a) demands for the redemption of a share in the management company;
b) an application for the withdrawal of a participant from a company that is not a credit institution	b) 5000 rub.
There is no separate charge for postage. Postage is included in the UPTC fee.
REGISTRATION OF INHERITANCE RIGHTS
UPTH is charged for each object if one certificate is issued for several objects.
(Object – property as a whole or a share in the right). The number of heirs indicated in one certificate does not affect the size of the UPTC.
UPTH include preparing and sending requests to banks. (For the issuance of certificates of the right to inheritance for pensions, deposits and funds in accounts, a notary fee is not charged). If the number of requests sent to banks exceeds 3, then for each subsequent request - 100 rubles, while the amount for all requests should not exceed 1000 rubles.
1. Preparation of statements by a notary,	—	1,000 rub.
entering the inheritance case
2. Certificate of certification of the powers of the executor of the will	—	2,000 rub.
CERTIFICATES OF RIGHT TO INHERITANCE
(the fee for UPTH is calculated for each property separately and is summed up if one certificate is issued for several objects. Several deposits and/or accounts in one bank are accepted for one object)
1. Issuance of a certificate of the right to inheritance under a will providing for the creation of an inheritance fund, regardless of the type of property	12,000 rub.
2. Issuance of a certificate of inheritance rights to funds or rights to claim them (unreceived pensions, wages, benefits, insurance compensation, funds on deposit with a notary, rights to closed deposits/accounts), except as specified in paragraph 45:	released	a) is released
a) for a total amount of up to 10 thousand rubles. inclusive
b) with a total amount of over 10 thousand rubles.	b) 500 rub.
c) with a total amount of over 100 thousand rubles.
c) 2500 rub.
The fee for UPTC does not increase when one certificate is issued to several heirs.
3. For cash deposits, funds in bank accounts:	released	a) is released
a) for a total amount of up to 10 thousand rubles. inclusive	b) 1,000 rub.
b) with a total amount of over 10 thousand rubles. up to 100 thousand rubles. inclusive	c) 2,500 rub.
c) with a total amount of over 100 thousand rubles.	The fee for UPTC does not increase when one certificate is issued to several heirs. If, at the request of the heirs, requests were prepared to banks, the fee for UPTH increases by 100 rubles. for each request after the 4th, but in general cannot exceed 500 rubles.
4. For real estate	*children, including adopted children, spouse, parents, full brothers and sisters living separately from the testator: 0.3% of the value of the inherited property, but not more than 100 thousand rubles.	6,000 rub.
*other heirs: 0.6% of the value of the inherited property, but not more than 1 million rubles.	If one certificate is issued to several heirs, the fee for UPTC increases by 1,000 rubles. for the second and each subsequent heir
5. For other property (including impersonal metal accounts, amounts on brokerage accounts, vehicles, property rights, exclusive rights, as well as for property abroad of the Russian Federation without specifying specific objects in the certificate)	*children, including adopted children, spouse, parents, full brothers and sisters living separately from the testator: 0.3% of the value of the inherited property, but not more than 100 thousand rubles.	3,000 rub.
*other heirs: 0.6% of the value of the inherited property, but not more than 1 million rubles.	The fee for UPTH is charged for each object (item). The number of heirs in the certificate does not matter. The fee for UPTC does not increase when one certificate is issued to several heirs.
CERTIFICATES OF PERMANENT OWNERSHIP IN COMMON PROPERTY OF SPOUSES
(the number of objects in the certificate does not affect the amount of payment for UPTH)
6. For funds or rights to claim them (unreceived pensions, wages, benefits, insurance compensation, funds on deposit with a notary, rights to closed deposits/accounts), except as specified in paragraph 2:	released	a) is released
a) for a total amount of up to 10 thousand rubles. inclusive	b) 500 rub.
b) with a total amount of over 10 thousand rubles.
7. For cash deposits, funds in bank accounts:	released	a) is released
a) for a total amount of up to 10 thousand rubles. inclusive	b) 1,000 rub.
b) with a total amount of over 10 thousand rubles. up to 100 thousand rubles. inclusive	c) 2,500 rub.
c) with a total amount of over 100 thousand rubles.
8. For real estate	200 rub.	6,000 rub.
The number of objects in the certificate does not affect the amount of payment for UPTH
9. For other property	200 rub.	4,000 rub.
The fee for UPTH is charged once, regardless of the number of objects in the Certificate
REGISTER OF NOTICES ABOUT PLEDGE OF MOVABLE PROPERTY
1. Notification registration:	600 rub.	a) not charged
a) in electronic form	b) 200 rub.
b) on paper (for 1 page of notice)
2. Issuance of an extract from RUSDI:	a) 200 rub.	a) not charged
a) in electronic form	b) 40 rub. for each page of the statement within the limits from 1 to 10 pages inclusive	b) 60 rub.
b) on paper (per 1 page of statement)	20 rub. for each page of the statement starting from page 11.
OTHER NOTARIAL ACTS
1. Certification of the fact of decision-making by bodies of legal entities and the composition of persons present at their adoption:	3000 rub.
for each hour of attendance at the meeting + 5,000 rubles. preparation for the meeting and issuance of a certificate (fixed size)
A) on increasing the authorized capital of LLC	If, along with the issue of increasing the capital capital, other issues are included in the agenda of the meeting that do not require the mandatory presence of a notary at the meeting, the notarial fee is collected as a mandatory notarial action (100 rubles)
B) any other questions except point A)	A) 100 rub.
B) 3000 rub. for each hour of attendance at the meeting
2. Issuance of a certificate certifying the fact of decision-making by the sole participant (shareholder of a legal entity)	3000 rub.	1500 rub.
3. Certification of the fact of the emergence of ownership rights to real estate objects due to acquisitive prescription (Russian Post)	1500 rub.	1500 rub.
4. Submission of documents for state registration of legal entities and individual entrepreneurs (Article 86.3 of the Fundamentals)	1000 rub.	100 rub. for 1 page
No more than 1400 rub. overall for the action
5. Transfer to the EDF of information contained in applications of individuals and legal entities for bankruptcy and facts of activity (Article 86 of the Fundamentals)	100 rub.	1500 rub.
The fee for UPTH increases by 50 rubles. for each page of a scanned document submitted to the registry, but the total amount cannot exceed 1900 rubles.
6. Transfer of applications and (or) documents (Article 86 of the Fundamentals)	100 rub.	a) 2,500 rub.
a) personally by a notary	b) 2,000 rub.
b) by post	c) 1,500 rub.
c) via electronic communication channels	To point “a”: lost income (exit fee) is charged separately.
To point “c”: if the document contains more than 10 sheets, the fee for the UPTK increases by 50 rubles. for each sheet, starting from the 11th. In this case, the total amount of UPTC cannot exceed 2,800 rubles.
6. Certificate of sending (transfer) of applications and (or) documents in accordance with Art. 86 Basics	100 rub.	1,000 rub.
7. Certificate of identity of the handwritten signature of a visually impaired person with a facsimile reproduction of his signature	100 rub.	Only notary fee, taking into account Art. 333.38 clause 1 clause 2 of the Tax Code of the Russian Federation
8. Other notarial certificates (about being alive, in a certain place, the identity of the citizen with the person depicted on the photographic card, etc.), as well as certification of the time of presentation of documents	100 rub.	2,000 rub.
9. Signature authenticity:	For every signature
a) translator	a) 100 rubles	a) 300 rubles
b) an individual - the sole participant of the LLC	b) 100 rubles	b) 1400 rubles
c) an individual in other cases	c) 100 rubles	c) 1000 rubles
d) representative of a legal entity	d) 100 rubles	d) 1500 rubles
e) on bank cards, on applications to the Federal Tax Service	e) 200 rubles	e) 1000 rubles for individuals/
1500 rub. for legal entities
Charged per document, does not depend on the number of signatures on it. However, if signatures are certified at different times or by different notaries, the UPTH is charged separately for each certification inscription on one document
10. The accuracy of the translation made by a notary	100 rub. for one translation page	800 rub. for 1 page
11. Accuracy of copies and extracts, per page of copy (extract)	10 rub.	50 rub.
12. Equivalence of documents, per page of paper document	50 rub.	100 rub.
13. Entering information into the register of lists of participants of EIS Notary LLC. (Article 103.11 Fundamentals)	600 rub.	1,000 rub.
14. Issuance of an extract from the register of lists of participants of the Notary EIS LLC (Article 103.12 of the Fundamentals)	100 rub.	50 rub. for 1 page
15. Protest of the bill	1% unpaid	20,000 rub.
amounts, but not more than 20,000 rubles.	Lost income (when the notary leaves) is charged separately
16. Presentation of a check for payment and certification of non-payment of the check	100 rub.	5000 rub.
Lost income (when the notary leaves) is charged separately
17. Sea protest	30,000 rub.	10,000 rub.
Lost income (when the notary leaves) is charged separately
18. Acceptance of a notary’s deposit (Article 87 of the Fundamentals):	0.5% of the accepted amount of money or the market value of securities, but not less than 20 rubles. and no more than 20,000 rubles.	a) 2,000 rub.
a) funds under alimony agreements, rent agreements, utility payments	b) 4,900 rub.
b) funds for settlements with creditors of liquidated NPFs	c) 7,000 rub.
c) cash and securities in other cases	In addition to the funds included in the inheritance identified during the inventory of inherited property (see section “Registration of inheritance rights”)
To point “b”: Starting from the sixth and for each subsequent creditor, the payment for the UPTH increases by 700 rubles.
To paragraph “c”: Starting from the sixth and for each subsequent creditor, the payment for the UPTH increases by 1000 rubles.
19. Deposition of property by a notary (Article 88.1 of the Fundamentals):	a) 1,000 rub.
a) funds for the purpose of fulfilling obligations under a notarized transaction	b) 3,000 rub.
b) non-cash funds for the purpose of fulfilling other obligations, including for settlements under agreements concluded in simple written form	a) 1,500 rub.	c) 10,000 rub.
c) cash for the purpose of fulfilling other obligations	d) 17,000 rub.
d) in other cases
b) 1,500 rub.
c) 1,500 rub.
d) 0.5% of the value of the property, but not less than 1,000 rubles.
20. Providing evidence	3,000 rub.	3,000 rub. for 1 page flow.
If you have an application - an additional 100 rubles for 1 page of the application
21. Document storage	20 rub.	90 rub.
for each day of storage of each complete or incomplete 250 sheets
22. Executive inscription:	0.5 percent of the value of the claimed property specified in the contract, or the amount to be recovered, but not less than 1,500 rubles and not more than 300,000 rubles;	a) 5,000 rub.
a) on foreclosure of the pledged property	b) 3,000 rub.
b) other executive inscriptions
23. Notification of the pledgor (debtor) about the fulfillment of the obligation secured by the pledge	—	2,000 rub.
24. Duplicates (Article 52 of the Fundamentals):	100 rub.	a) 2,500 rub.
a) wills	b) 3,800 rub.
b) other notarial documents	There is no additional fee for searching for a copy of a document in the archive and copying it.
25. Performing other notarial acts not specified above	100 rub.	1,800 rub.
26. Issuance of an extract from the register of registration of notarial acts	—	600 rub.
It is not an independent notarial act. Only the fee for UPTH is collected
27. Issuance of copies of documents from the archives of a notary (including archives of notaries and notary offices transferred for storage)	100 rub.	2,500 rub.
Does not apply when issuing a duplicate of a notarial deed

When performing a notarial act outside the premises of a notary's office, the notary has the right to collect lost income

when traveling to non-transportable persons and disabled people of groups 1 and 2 - 2,000.00 rubles

when visiting individuals - in the amount of 5,000.00 rubles;
when visiting legal entities - 10,000.00 rubles.
when leaving for a pre-trial detention center - 10,000.00 rubles

The benefits established by paragraphs 1 and 2 of the Appendix also apply when collecting lost income.

When performing notarial acts outside the premises of a notary's office at one address for several persons, the lost income is charged once in equal shares.

If several notarial acts are performed for one person at one address outside the premises of a notary's office, the lost income is charged once.

If PTH services directly related to the performance of a notarial act were performed before it was performed, the notary has the right to charge the established fee for the PTH before the notarial act is performed. The fact of charging a fee for UPTH is confirmed by an entry in the register without assigning a number. When a notarial act is subsequently performed, the amount payable is reduced by the previously collected amount. If the notarial act is subsequently not completed, the amounts paid for the UPTH are not refundable.

The amount of the fee for the provision of legal and technical services collected when performing a notarial act is indicated in the notarial act and in the register of registration of notarial acts.

NOT ALLOWED:

Charging fees for the provision of legal and technical services not listed above, including for consultations, both related and not directly related to the performance of notarial acts.

— Changes in the established fee, including depending on the place where the notarial act is performed, as well as on the time of day, working and non-working days, and the notary’s office hours.

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).

If the inheritance case is open, but not completed and more than 3 years have passed?

The Civil Code defines the period for entering into an inheritance - 6 months from the date of death of the testator (Article 1154). Due to valid and other reasons, it may be missed. In order to exercise his right to a share in the inheritance, a citizen has the right to go to court with documentary evidence that the deadline was missed due to extenuating circumstances.

It is permissible to restore the missed 6-month period without trial. To do this, the heirs must express their consent to another heir entering into the inheritance.

Upon completion of the entire procedure, the probate case is closed. A corresponding mark is placed on it.

A situation may arise when the inheritance case is open, but not completed. For example , the heir applied to a notary for a certificate within 6 months from the date of death of the testator, but never received the document. In this case, the legislation does not contain a deadline. Theoretically, a certificate of inheritance rights can be issued after 15 years.

What does it mean to open an inheritance case?

Only one inheritance case can be opened for an opened inheritance. It is made by a notary of the district at the place of opening of the inheritance: this is the last place of residence of the deceased or the location of the property, if there is no information about the residential address or the citizen lived outside the Russian Federation.

The opening occurs on the basis of the first document received by the notary:

applications for acceptance or refusal of inheritance;
applications for the issuance of a certificate of inheritance;
applications for the issuance of a certificate for a spouse’s share in the common property;
appeal from the creditor, etc.

As a result, the notary enters information about the opening of a hereditary case into the unified notary information database. Only the one who opened it first will lead. It will do the following:

accept statements and consents related to an open inheritance case;
send notifications to heirs, etc.;
request the necessary documents to establish family relations between the deceased citizen and his potential heirs, the composition and value of the inherited property;
ensure the safety of the testator's property;
issue certificates of the right to inheritance, make decisions on the annulment of previously issued certificates in the event of redistribution of shares between heirs;
conduct the inheritance file in paper form, fill it with the necessary documents.

Which relatives can claim the inheritance?

Inheritance occurs by will, i.e. a document according to which the deceased distributed all his property during his lifetime, or according to the law, when no will was drawn up. In the second case, the principle of priority applies depending on the proximity of family ties.

The legislation establishes the following sequence of succession lines:

Parents, children, spouse.
Brothers, sisters, their children, grandparents on both sides of the relationship.
Uncles and aunts.
Great-grandparents.
Grandchildren and grandparents who are cousins of the deceased.
Cousins, aunts, nephews and great-grandchildren.
Stepdaughters, stepsons, stepmother, stepfather.
Citizens who lived together with the deceased and were dependent on him for at least a year at the time of the death of the testator.

Each subsequent line has the right to inherit in the absence of previous relatives, as well as in the event of their refusal. It should also be taken into account that there is a condition for the allocation of a mandatory share in the inheritance, regardless of the presence of a will, to the following categories of heirs:

children of the deceased who have not reached the age of majority and/or are disabled;
disabled parents, spouse and persons who were dependent on the testator for at least a year before the date of his death.

After the funeral: how heirs can deal with deposits and loans, real estate and shares in business

Together with the legal adviser of the Perm Chamber of Commerce and Industry, Vladimir Khaldeev, we are analyzing what to do if the deceased was the founder of an LLC or was registered as an individual entrepreneur.

— Do I need to submit an application to cancel the IP?

— No, the deceased is automatically excluded from the state register of individual entrepreneurs. No additional certificates or applications are required.

— Does the IP pass to the heirs?

— IP status is inextricably linked to a person’s personality and is not inherited. And all property is owned by an individual and is inherited in the usual manner. For example, if an entrepreneur had his own kiosk, it will be passed on to his heirs.

As for individual entrepreneur contracts, it all depends on the nature of the contracts - whether obligations under them can be transferred to other persons. For example, if an entrepreneur has entered into a loan agreement with a bank, then the debts under it will be transferred to the heirs. If, under a contract, the individual entrepreneur promised to paint a picture for someone, then the rights and obligations under such a document (closely related to the person) do not pass to another person. Another clarification: even if the agreement is not related to the personality of the individual entrepreneur, the rights and obligations under it will be transferred to the heirs only if the other party agrees to this.

If any licenses were issued for an individual entrepreneur (specifically for an individual entrepreneur, not an individual), then with the death of the person their validity will cease. You'll have to register it again for someone else.

— What is inherited in LLC and JSC?

— Shares in the authorized capital of legal entities are inherited property. Moreover, the size of the share does not matter. As in the case of inheriting an apartment or car, the notary will establish this property by making inquiries to the tax office. In turn, the tax office will provide information about the shares (in an LLC) or the volume of shares (in a JSC) of the deceased, as well as the heirs who may lay claim to them. The usual period for entering into inheritance is after 6 months.

Difficulties may arise with a legal entity if everything was tied to one person - the manager-owner, and he died. This often happens in small and medium-sized businesses. Then, for some period of time, the enterprise will have to do without a manager; contracts and their implementation may freeze. A good option is when there is not only a founder (deceased), but also a hired manager with the right to make all necessary payments (including loans) and sign documents. Then the enterprise will calmly continue to operate until the new owners take over.

Another possible problem is if the heirs cannot agree and begin to dispute each other’s property. Six months before inheritance, even a successful business can be ruined.

Previously, we told you step by step what needs to be done when a person dies, and how the funerals of those infected with coronavirus differ.

What to do in case of disagreement between relatives?

Disputes often arise between heirs regarding the division of property. Most often the reason for this is:

absence in the will of an indication of each person’s specific share;
the preemptive right of one of the legal heirs to indivisible property;
challenging a will if it was drawn up by a citizen recognized as partially or completely incompetent.

Heirs have the right to divide property in court. When filing a claim, the information is transferred to the notary, who is obliged to suspend the issuance of certificates of inheritance. They will be issued in accordance with the court decision.

You can go to court even after the certificates have been issued. For this purpose, a period of three years is established from the date of opening of the inheritance.