To date, inheritance rights to property are regulated by Part 3 of the Civil Code of the Russian Federation. The entry into inheritance rights is preceded by several stages: acceptance of inheritance, registration of inheritance rights.
Necessary
documents on the death of the testator, grounds for inheritance, documents for the testator's property, documents for assessing the value of the property, an application for accepting the inheritance and issuing a certificate of right to it
Instructions
Step 1
Acceptance of inheritance. The law establishes the term for accepting the inheritance, equal to 6 months from the date of opening the inheritance. During this period, the heirs must appear before the notary with a statement on the acceptance of the inheritance or to carry out the actual acceptance of the inheritance. The actions that determine the actual acceptance of the inheritance are specified in clause 2 of article 1153 of the Civil Code of the Russian Federation. It should be noted that the actual acceptance of the inheritance does not exempt the heirs from filing an application with a notary.
Step 2
The moment of opening the inheritance is the day of the death of the testator or the day the person is declared dead by the court. In addition to accepting the inheritance, legal refusal is also possible. Renunciation of inheritance is irreversible, unconditional and complete. The application for acceptance of the inheritance can be sent to the notary by mail or through other persons on the basis of a power of attorney. In this case, a notarized signature of the applicant is required.
Step 3
Registration of inheritance rights. Together with the submission of an application for acceptance of an inheritance, a number of documents are required to obtain a certificate of the right to inheritance. To issue it, it is customary to write a separate application for issuing a certificate, since the law does not establish its mandatory receipt. A certificate of inheritance is necessary for further entry into property rights, for example, property rights. If the inheritance goes to something that does not need registration of rights, then the certificate is not needed.
Step 4
The package of documents for registration of a certificate of the right to inheritance must include:
• a death certificate or a court decision in which a person is presumed dead;
• a certificate from the place of residence of the testator and people living with him;
• grounds for inheritance - documents confirming kinship with the testator, or a copy of the will (the original of the will is kept by a notary);
• documents on the ownership of the property to the testator - sales and purchase agreements, if the property is not registered, the technical passport of the vehicle, its registration certificate, other certificates of ownership, bank agreements, if there are cash deposits. The specific list of documents of the testator on the property is individual for each case of entering into inheritance rights;
• appraisal documents for property, establishing its value: a certificate from the BTI for a house or apartment, an appraisal report for a vehicle, a certificate from the land management committee for a land plot;
• application for the acceptance of the inheritance and the issuance of a certificate of the right to it.
Step 5
When registering inheritance rights, you must pay a notary fee for issuing a certificate. This point is regulated by paragraph 22 of Art. 333.24 of the Tax Code of the Russian Federation. For the heirs of the first, second stage, the rate is 0.3% of the value of the inheritance, but not more than 100 thousand rubles. for other heirs - 0, 6%. The type of inheritance (by law or by will) does not affect the interest rate.
Step 6
The following may be exempted from paying the notary fee:
• incapacitated persons over whom guardianship has been established, minors at the time of opening the inheritance;
• heirs, if the testator was insured at the expense of the organization and died as a result of an accident at work;
• heirs who inherit the dwelling where they lived with the testator and continue to live on.
Step 7
A certificate of the right to inheritance is issued at any time after 6 months from the date of opening the inheritance. At the same time, the law does not establish the mandatory personal presence of the heir when receiving the certificate, and it can be sent to him by mail in the prescribed manner.
