Registration of inheritance under a will: sample application

If there is a will, is it necessary to inherit?

Not every heir knows that if there is a will, it is necessary to contact a notary's office. The main advantage of an administrative document is the priority right to the deeded property of the testator.

However, it is the responsibility of the heir to submit an application for acceptance of the property within the established time frame. You need to contact a notary within 6 months after the person’s death. Ignoring the order of inheritance will result in loss of advantage.

What happens if 1st line relatives submit an application to a notary to accept an inheritance in the presence of a will? If the main heir does not contact the notary, then such persons can freely accept the assigned property in the order of priority. A citizen to whom movable or immovable property has been assigned will remain without inheritance.

If the heir does not want to enter into his rights, then he may not contact the notary’s office or submit a waiver application. Refusal of an inheritance usually occurs due to the debts of the testator if they exceed the value of the inherited property.

More information about the recipients of the property of a deceased citizen can be found in the article: “Who has the right to inheritance if there is a will.”

How to execute a will

Acceptance of an inheritance does not always imply only a “pure” transfer of ownership of property. Sometimes additional steps are required to successfully transfer rights:

• protection of inheritance;
• search and seizure of property from third parties;
• fulfillment of debt obligations of the testator;
• transfer of property to the heir and registration of such transfer.

Also, the will may provide for actions performed in favor of third parties (testamentary assignment or testamentary refusal). The testator, showing concern for the heirs, protects them from such responsibilities. And such actions can be performed by the executor of the will. The will must be executed by the one named in the will - the executor, with his consent.

Ways to express the consent of the executor to carry out the will of the deceased:

• his signature in the will;
• a separate statement, which is an appendix to the will;
• a separate application sent to a notary within 1 month from the date of death of the person who left the will;
• actual actions implementing the will of the deceased.

When and how long after you can enter into an inheritance under a will?

How long does it take to inherit under a will? The general period for accepting an inheritance is determined by law. It is 6 months from the date of death of an individual (Article 1154 of the Civil Code of the Russian Federation). The heir under the will must submit an application to the notary at the place of residence of the testator.

Important! When can you assume rights if the fact of a citizen’s death was established in court? Submission of an application to a notary's office is carried out after the court decision has received legal force.

If the recipient does not timely perform the actions provided for by law, then to restore the lost right he will have to go to court. During the process, it is necessary to explain why he did not submit documents on time.

You can only win a lawsuit if there are compelling reasons. If the heir simply did not know that he would dare to visit a notary, then the court decision will clearly not be in his favor.

Example. The heir was in the hospital for more than 6 months and could not visit the notary. After the end of treatment, the citizen applied to the court to restore the period for entering into inheritance. The court satisfied the claims. Since other relatives acquired property rights during this time, the court canceled the previously issued documents on the basis of paragraph 41 of the Resolution of the Plenum of the Supreme Court of 2012 No. 9.

The same applies to cases where the heir actually assumed his rights, but did not contact the notary. He will need to establish the fact of inheritance, for example, to register the unaccepted part of the property - bank deposits.

Possible claimants to inheritance

A document representing a person's last will does not limit the choice of heirs among persons with whom the testator is closely related. This could be a stranger, an acquaintance, a friend. It is important to remember that when completely transferring the rights to your property to outsiders, the law will not allow the rights of minor children or dependents who lived with the testator until death to be infringed.

By virtue of the law, the following persons have the right to claim the property of a deceased citizen:

1. Persons mentioned in the will.
2. Relatives who have the right to inherit property without fail (minors, disabled people, citizens with disabilities).

• Procedure and grounds for challenging inheritance under the law

Children and disabled persons are two categories of citizens who are protected by the provisions of the law when distributing the property of the testator. If the testator has not taken their interests into account in his disposition, the will is subject to challenge in court.

Conditions of entry

To receive the property of the deceased under a will, a citizen must present to the notary the written will of the deceased owner. The document must be drawn up in accordance with the law. Otherwise, the will may be declared invalid (Article 1131 of the Civil Code of the Russian Federation).

Primary requirements:

1. Certified by a notary . The main form for a will is notarial. Stakeholders are least likely to challenge this option.
2. Certified by persons acting as a notary . If the owner could not visit the notary's office. For example, I was in a hospital, on an expedition, in a military unit. Then the right to certify the will is vested in the chief physician, the head of the expedition and the commander of the military unit.
3. Signed by 2 witnesses . If the application is made in emergency circumstances, then it is enough to put it in writing and verify it with the signatures of 2 witnesses. However, the heir will have to additionally establish the existence of extraordinary circumstances in court. The judgment is attached to the will when the documents are submitted to the notary.

The document should not contain orders regarding the spouse’s property, both jointly acquired and personal. An exception is the situation when the marriage contract provides for a special option for dividing the joint and personal property of the spouses.

A will must protect the rights of minors and disabled dependents of the deceased. This category of citizens has the right to an obligatory share in the inheritance. If the will does not establish a share for dependents, then the document can be challenged in court.

Important! Special requirements are imposed on the recipient of the property. If the heir is found unworthy in court, he is deprived of his rights to the property of the deceased.

The initiator of the process can be any interested party. Grounds for disinheritance:

• deprivation of parental rights of the mother or father in relation to the owner;
• committing a crime against the owner of the property or other recipients;
• refusal to care for the owner, provided for by a court decision.

Features of inheritance

Most often, real estate, cars or money (in cash or on a bank deposit) are inherited. The order of their inheritance is described above, but there are some peculiarities.

Let's consider what to do with certain types of property inherited and how it will be divided among several heirs.

Automobile

There is no need to register the transfer of ownership of a vehicle with Rosreestr; this is handled by the State Traffic Safety Inspectorate. Having received the certificate, you need to make changes to the PTS and order a new STS. Before this, OSAGO is purchased.

If there are several heirs, they are all indicated in the PTS.

Everything can be done in one day by submitting documents and making an appointment through State Services. The state duty is also paid there with a 30% discount from the standard amount.

Real estate

If real estate is inherited by will, each heir is usually given a copy of the certificate. The share specified in the will is allocated. For example, ½, 1/3, ¼ in ownership.

Having a share gives the right to permanent residence, use and disposal of property. If you sell the housing in the future, you will have to provide the pre-emptive right to purchase to the remaining owners (Article 250 of the Civil Code of the Russian Federation).

Money

Money can be transferred by testamentary order by registering it in a bank (Article 1128 of the Civil Code of the Russian Federation). Almost all financial institutions now provide this service; Sberbank definitely has it. Knowing about the testamentary disposition, the heir needs to come to the bank with a passport and certificate, and re-register the deposit in his name, or receive the money in cash. If funds are needed to reimburse the testator’s funeral expenses, it is not necessary to wait six months; you can receive them earlier.

If there is no order, but there is a will, after receiving the certificate it is enough to come to the bank. It is unlikely that it will be possible to reimburse expenses earlier than six months, as with a testamentary disposition.

How to enter into an inheritance under a will after the death of the testator

Inheritance under a will is carried out voluntarily. If a citizen does not want to receive the property of the deceased, then he may not contact the notary with an application. Another option for refusal is to submit an application to a notary's office.

In the application, a citizen can indicate an absolute refusal or transfer of property to another recipient under a will. However, targeted refusal in favor of heirs is not possible by law. They will receive the right to property if all heirs under the will refuse to register the inheritance.

Entry and procedure

To register an inheritance, the recipients specified in the will must follow the following procedure:

1. Visit a notary's office.
2. Submit an application for acceptance of the deceased's property.
3. Collect documentation for inheritance.
4. Conduct a property assessment.
5. Pay the fee.
6. Get a certificate.
7. Register property in your name.

Required documents

The list of papers depends on various factors - the method of accepting the inheritance, the timing of contacting the notary, the presence or absence of other heirs.

The minimum package of documents includes:

• original will;
• civil passport of the heir;
• papers confirming the death of the testator (death certificate or judicial act);
• title, title and technical documents for inheritance;
• a certificate of the last place of registration of the deceased citizen;
• property valuation report;
• a certificate confirming that the deceased has no debt on property taxes;
• receipt for payment of state duty.

If the heir is a young child, then you will additionally need his birth certificate and identification card of the legal representative.

A complete package of documentation, depending on the different types of inherited property, can be found in the article: “What documents are needed to enter into inheritance under a will.”

Statement

The law does not establish a mandatory form of the document. Each notary office may have its own sample. Let's look at how to properly fill out an application.

General requirements for the document

Sample application

Is it possible to refuse an inheritance?

Valuable property transferred by will to heirs may carry encumbrances. These could be:

1. Real estate pledged to the bank or with persons registered in it who have the right of lifelong residence.
2. Debentures.

It is impossible to accept an inheritance and refuse debts. The heirs have the right either to completely agree with the will of the testator and accept the inheritance as it is, or to refuse it. The refusal is issued in the same notary office where the inheritance case was opened. You can refuse completely, without specifying the reasons and those to whom the rights to the inheritance will be transferred, or you can draw up a refusal in favor of any person specified in the will or not specified.

Property valuation

To calculate the state duty for entering into an inheritance, you will need to establish the value of the inherited property. To do this, it is necessary to obtain documentation of the price of each property of the deceased.

When registering real estate, it is advisable to obtain a certificate from Rosreestr. The organization issues a document based on inventory value, which is significantly lower than the actual market value. This will save you on state fees.

Valuation of other property (vehicles, securities) should be carried out by specialized organizations. The institution must have a license to carry out appraisal activities.

If the appraisal was carried out by a company that did not have the necessary authority, the notary will not accept the report. However, the law does not provide for a refund under the contract.

Important! It is necessary to check the availability of a license to conduct a specific type of assessment.

The cost of appraisal directly depends on the type of property. A certificate from Rosreestr in 2021 will cost 850 rubles. Real estate valuation report - 3,000 rubles. Vehicle valuation from RUR 5,000. and more.

Procedure for registering inherited property

The issue of own housing is acute for many citizens of the Russian Federation. Some resort to borrowed funds to purchase real estate, others use their own methods of creating personal living space. Property owners prefer to transfer apartments and houses to children or relatives in advance in order to prevent unfair distribution of their property.

Inheriting an apartment by will is becoming common. Citizens began to more often turn to legal authorities with questions about how to register an inheritance for an apartment under a will.

Costs, fees

Regardless of the method of inheritance, interested parties incur certain expenses. For the initial filing of the application, the heirs pay 100 rubles. One of the main types of costs is state duty. It is calculated based on the property valuation report.

The amount of payment depends on the degree of relationship and the value of the property:

1. Father/mother, children, living spouse pay 0.3% of the price of the identified property. The maximum collection amount should not exceed RUB 100,000.
2. Other applicants for inheritance pay 0.6% of the value of the inheritance. For this category of heirs, the limit is set at RUR 1,000,000.

If the beneficiary is entitled to benefits, then when contacting the notary’s office, he needs to provide supporting papers.

Example. The testator executed a will in favor of his nephew. The estate consisted of a two-room apartment. The administrative document excluded relatives of the 1st and 2nd stages (the son and sibling of the testator) from the inheritance. These persons did not have the right to an obligatory share. The estimated value of the property was 3,000,000 rubles. The heir submitted the papers to the notary in a timely manner. The applicant for the property is not entitled to benefits. The state fee for registering an inheritance was 18,000 (3,000,000 × 0.6%) rubles.

Notary services are calculated based on the tariffs provided by the regional notary chamber. The cost can increase 1.5 times if the notary travels outside his office (Article 333.25 of the Tax Code of the Russian Federation).

If a representative is involved in preparing the documents, then his services are paid separately. The amount of remuneration is determined by agreement of the parties.

Expert opinion

Stanislav Evseev

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

The heirs will bear additional expenses after receiving the certificate. Interested parties will have to register ownership of the testator's property. Without registration of the right, citizens will not be able to fully dispose of assets. The cost of registering an apartment or residential building will be 2,000 rubles, shares in a residential building will be 200 rubles.

More information about obtaining rights to an apartment can be found in the article: “Entering an inheritance under a will for an apartment.”

Inheritance under a closed will

The testator has the right to make a closed will. No one can be familiar with its contents until it is opened after the death of the testator.

The procedure for proclamation of a closed will:

• provide the notary with a death certificate of the testator;
• The notary appoints the day for the reading of the will, no later than 15 days after receiving the death certificate. This procedure takes place in the presence of witnesses and interested parties from among the legal heirs;
• the envelope is opened and the text of the will is read out;
• the notary draws up a protocol for the opening and reading of the will;
• the full text of the will is entered into the protocol;
• The protocol is signed by the notary and witnesses.

The original protocol remains with the notary, and a certified copy is issued to the heirs. Taking into account the will of the testator, the inheritance procedure takes place.

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 should be present in the document

The will is drawn up in writing by the testator in his own hand and includes mandatory clauses, the absence of which will be considered invalid:

1. Last name, first name, patronymic of the testator.
2. Date of Birth
3. Passport registration.
4. Passport data: series and number, authority that issued the document, date of issue.
5. Information about bequeathed property.
6. Last name, first name, patronymic of the heir (or several).
7. Registration and date of birth of the successor.
8. Passport information of the successor.
9. The date the document was signed.

The description of material goods indicates the address of the apartment, the size of the land ownership or information about personal vehicles.

Examples of wills

First, indicate the name of the locality and the date of compilation.

I, (full name of the testator), (date of birth), (passport data and registration), being in a clear consciousness, strong memory and clear mind, acting voluntarily, understanding the meaning of my actions and without being mistaken, make the following order with this will in the event of my death :

1. Deny the right of inheritance to all (or certain citizens).
2. I will bequeath the property acquired by me by the day of death in full, wherever it is located, to (full name of the heir), (date of birth).
3. The content of articles 1118 clause 2, 1119 clause 2, 1149 clause 2 of the Civil Code of the Russian Federation was explained to me by a notary.
4. This will is drawn up and signed in 2 (two) copies, one of which remains in the files of the notary (full name of the lawyer), (place of work), and the other is handed over to the heir.

A record is made: the text of the will was read by me personally and read aloud to me by a notary.

Then comes the testator’s signature with a transcript.

Name of the locality.

Date of preparation.

Sample will form

Size: 14 KB

Acceptance of inheritance after the death of the heir

Sometimes, when registering an inheritance under a will, the applicant for the property does not have time to assume his rights. For example, due to sudden death.

In such a situation, the rights of inheritance pass to his relatives. An exception is the presence of a sub-heir in the will (Article 1121 of the Civil Code of the Russian Federation).

If such a person is not included in the administrative document, then the property goes to the parents, children or spouse of the deceased heir. The main issue is the deadline for submitting documents.

If after the death of the heir under the will there are less than 3 months to submit documents, then his relatives are given additional time. But, no more than 3 months from the date of death of the heir (Article 1156 of the Civil Code of the Russian Federation).

Who owes what?

Each heir under a will can only receive what is specified in the substitution. The notary takes care of this by issuing appropriate certificates of the right to inheritance to the heirs.

The dispositions in a will can be different:

• heirs are identified and property is distributed between them. Everything is clear here.
• indicates the heirs and their shares in the property. In this case, the heirs can inherit each thing in appropriate shares or distribute the property so that the total amount of shares is respected.

Example: A father bequeathed his property to his son and daughter in equal shares. The inheritance included: a summer cottage worth 750,000 rubles, a car – 500,000 rubles, a motorcycle – 250,000 rubles, an apartment – ​​1,500,000 rubles. The daughter and son distributed the property as follows: the son received a summer cottage, a motorcycle and a car (total cost 1,500,000 rubles), and the daughter received an apartment. Thus, all property was divided in half.

• the testator only listed the heirs. In this situation, the distribution of the inheritance in equal shares of all property is implied.
• a will disinherits one, several or all legal heirs.

Example: A will is drawn up that states only that the testator’s spouse is disinherited. Legal heirs, with the exception of the spouse, are called upon to inherit. The latter cannot claim anything.

In addition, there are still persons who will receive an inheritance in any case - the so-called obligatory share. This:

• minor children;
• disabled parents, children, spouse, dependents of the testator.

The size of the obligatory share is always no less than half of the share that would have gone to such an heir upon receipt of property by law (that is, if there had been no will).

Example: The testator had a wife and a minor daughter. According to the will, he inherited all the property - the apartment - to his wife. When distributing the inheritance, the daughter is entitled to ¼ share in the apartment.

The obligatory share can be provided from:

• remainders of intestate property;
• if there are not enough leftovers, then from the property that is bequeathed.

The will was declared invalid

The presence of an administrative document specifies the recipient of the property and the size of his share in the property of the deceased. That is, such a citizen inherits the established share regardless of other relatives by law and degree of relationship. The exception is mandatory heirs.

If the will is challenged in court, then after the judicial act enters into legal force, the heir loses his advantage.

How does property inheritance occur if a will is declared invalid? If there is no other will, then the property is inherited in order of priority.

The primary heirs are the parents, children and spouse of the deceased person. If the heir under the will is included in the specified group of persons, then he inherits the property on a general basis along with the others.

If the heir is the testator's brother or nephew, then he can count on the property only in accordance with his turn.

They cannot receive an inheritance:

• unworthy heirs, that is, persons who committed crimes against 1) the testator, 2) other heirs, 3) acting contrary to the last will of the deceased (the facts must be established by a court decision or sentence) in order to illegally obtain inherited property or increase their share.

How to recognize an heir as unworthy

• persons not specified in the will, even if they are heirs at law (except for the obligatory share). The exception is cases when a will is drawn up for part of the property. All legal heirs, including those receiving property under a will, can claim the rest.

Example: The testator had an apartment, a car and a plot of land. The car was bequeathed to his son. The apartment and land plot will be divided in equal shares among the remaining heirs by law: spouse, daughter, and son. And now the same situation, when the car was transferred by will to a friend of the testator. The remaining inheritance will be divided between the spouse, daughter and son without the participation of a friend (heir under the will), because he is not an heir by law.