I made a power of attorney for a friend so that he could receive the keys and documents for the apartment from the developer.

What is a power of attorney

A power of attorney is a written document that gives the trustee certain powers. For example, obtain a certificate, submit an application, register an inheritance, register property rights.

Involving third parties is very convenient if a person lives in another city or does not have free time. The representative may be a relative or a practicing lawyer. You can also specify several authorized persons in a power of attorney.

To enter into an inheritance, you must submit an application to the notary in charge of the inheritance case (Article 1153 of the Civil Code of the Russian Federation). A prerequisite is the collection of documentation. In some cases, it may be necessary to initiate legal proceedings.

Important! The principle of drawing up a power of attorney and the actions of the representative are identical, regardless of the presence/absence of a will.

To carry out actions to enter into an inheritance, the personal participation of the recipient is required. The law allows the authority to accept the property of the deceased on behalf of the heir to be delegated to a third party.

To accept an inheritance, it is advisable to indicate a period of 1 year (Article 186 of the Civil Code of the Russian Federation).

The document loses its significance after the necessary actions are completed. If necessary, the heir can revoke the power of attorney at any time.

Rules for wording

The power of attorney must be issued in writing. There is no unification for this type of business papers in the legislation.

Important! In the process of drawing up business documents, it is important to proceed from the requirements reflected in the Civil Code of the Russian Federation.

The date the document was drawn up is a key element of the wording; without it, the document is deprived of legal force. In the absence of a date of writing, in accordance with Article 186 of the Civil Code, it will be considered void.

Article 186 of the Civil Code of the Russian Federation. Duration of power of attorney

1. If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.
   A power of attorney that does not indicate the date of its execution is void.
2. A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

Read about the validity period of a power of attorney here, and find out about canceling a power of attorney in this material.

When drawing up the form, it is important to consider a number of factors:

1. A clear understanding of who exactly will delegate their authority in the company is required.
   Candidates for the position of representative do not raise any questions, but the person whose powers are being transferred cannot always be correctly identified. There are many leadership positions in the organization's staff: executive, general director, etc. It is not difficult to make a mistake when drawing up a power of attorney. The solution to this problem is to identify a leader who protects the interests of the enterprise in negotiations, when signing agreements, and when interacting with partners and competitors. The attorney will use a digital signature directly on his behalf.

2. 
   The form must indicate a complete list of delegated powers.

3. The document must be personally signed by the head of the company. If there is a fax stamp for certification of documentation, the prior consent of the other party to the relationship is required. In the absence of consent, the power of attorney cannot enter into legal force.
4. The wording of the document must clearly reflect the fact that the attorney has the authority to perform various types of actions and transactions on behalf of the principal company. Indicating information about protecting the interests of the enterprise is not a sufficient factor for the powers to come into force. The contents of the document must clearly regulate the actions of the attorney and his responsibilities.
5. It should be clarified whether, within the framework of fiduciary obligations, it is allowed to resolve issues that arise during the exercise of basic powers, for example, the conclusion of contracts.

Powers of a Trustee

A power of attorney allows you to perform the following legal actions:

• submit applications (claims);
• make inquiries to government agencies;
• pay necessary expenses;
• receive extracts, certificates;
• sign agreements;
• register property;
• sell property.

Important! A comprehensive list of powers is displayed in the power of attorney. If necessary, it is possible to provide for the transfer of rights to another person.

Example. The heir learned about the death of a relative. The man was unable to come to the funeral due to the large distance between the cities (more than 5 thousand km). To enter into an inheritance, the applicant made a power of attorney for his friend. The representative lived in the same city as the testator. Just in case, the heir gave the trustee the right of subrogation. By oral agreement between the heir and the representative, it was decided to reissue the power of attorney only to a practicing lawyer. Soon the trustee encountered difficulties. One of the documents revealed a data discrepancy. The legal fact had to be established in court. The representative referred the matter to a local lawyer. As a result of the trial, the representative was able to complete the inheritance registration procedure.

Thus, the representative is vested with rights and responsibilities solely in accordance with the list of powers specified in the power of attorney.

Is notarization required?

In accordance with paragraph 4 of Article 185.1 of the Civil Code, powers of attorney on behalf of a legal entity are issued signed by its head or another person authorized to do so in accordance with the law and constituent documents. Consequently, powers of attorney to obtain an electronic signature do not require certification by a notary.

For more information about whether a signature on a power of attorney is certified in the name of an authorized person, and whether it is necessary to have the document certified by a notary, read here; about which powers of attorney require mandatory notarization, read this material.

Is it possible to enter into an inheritance by proxy?

Expert opinion

Stanislav Evseev

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

The law provides for the possibility of inheriting through a representative. However, if the application is submitted by a proxy, then the heir’s signature on the document must be notarized.

Consequently, the heir will have to contact another notary and make two documents - an application to accept the inheritance and a power of attorney.

As for legal representatives, they do not need a power of attorney. The legal representatives of minors are their parents. The exception is for persons deprived or limited in their rights in relation to children.

To confirm their rights, the mother or father presents to the notary a civil passport and birth certificate of the minor.

In the absence of parents, their powers are entrusted to third parties. They must prove their rights with documents.

The adoptive parent should not provide a court decision on adoption or an adoption certificate, since the rule on the secrecy of adoption applies to this form of placement. An exception is the situation when a minor inherits the property of a deceased parent (if the court has preserved the property rights of the child in relation to the blood parents in accordance with Article 137 of the RF IC).

Example . After the death of Kirill's father, his mother Marina entered into a new marriage. Her husband adopted the boy. A few years after the wedding, the minor's mother died. The responsibility to represent the interests of the child and protect his rights rests with the adoptive parent.

Important! Each citizen representing the interests of a minor must present a personal passport.

Use of digital signature in electronic document management

EDS is information about the signatory attached to the information being signed. A document sealed with an electronic digital signature is equivalent to a paper document endorsed by a signature (and seal).

There are 2 types of digital signature: simple and enhanced (it is divided into unqualified and qualified).

A simple signature is a signature containing a sequence of characters and passwords.

An unqualified signature is generated using a cryptographic information converter and allows you to identify the signer, as well as determine whether the document has been changed after signing or not.

A qualified signature has all the properties of an unqualified signature, but it is required to be issued along with an EDS verification key certificate.

Find out more about the certificate in the article “What is the purpose of an EDS key certificate?”.

A qualified signature corresponds to the signature of the owner of the digital signature and the seal of the enterprise, a simple and unqualified signature corresponds only to the visa of the signatory.

You can obtain an electronic digital signature at a certification center (CA), at a territorial department of the Federal Treasury (for participation in government tenders), in the taxpayer’s personal account (for individuals), or on the government services portal.

Find out the algorithm for obtaining an electronic signature for working on a government services website in the material “How to obtain an electronic signature for a government services portal?”

To obtain a digital signature verification key certificate from the CA, you must provide a package of papers, including:

1. A copy of the passport, INN, SNILS of the person who owns the digital signature.
2. Application for obtaining an electronic signature.
3. TIN of the organization.
4. Extract from the Unified State Register of Legal Entities (USRIP).
5. A document confirming the authority of the owner of the digital signature to sign documents (power of attorney for the right to sign, order for the appointment of a manager, etc.).

The owner of the digital signature can receive the verification certificate personally or his representative authorized to perform legally significant actions by power of attorney.

1. Company that owns the digital signature: name, address, tax identification number, telephone number.
2. Individual recipient of the digital signature: passport data, residential address, sample signature.
3. Powers of the trustee.
4. Duration of validity of the power of attorney.
5. Date of issue, signature (seal if available) of the principal.

How to compose correctly

The right to issue a power of attorney is granted to adults and capable citizens. A minor, aged 14 to 18 years, may entrust the protection of his interests to a third party, with the consent of his legal representative.

The power of attorney must be in writing and certified by a notary. The document can be drawn up at any notary office.

Important! The contents of the power of attorney are usually monitored by a notary. He checks the text of the document for compliance with the law. However, it is the heir who determines the scope of powers for the representative.

Therefore, it is advisable to make the power of attorney as complete as possible, so that later the heir does not have to run through the authorities on his own, in the event that the power of attorney does not give the representative the right to receive letters, file a claim or appeal against illegal actions of officials.

Sample power of attorney for inheritance

There are several types of powers of attorney. They differ in the scope of the representative's powers.

Mandatory details of the power of attorney:

• document's name;
• city, date of document execution;
• details of the heir/trustee (full name, registration address, passport details);
• list of powers;
• list of property that is subject to inheritance;
• validity period of the document;
• signature of the principal;
• date of document execution;
• notarial inscription;
• name of the notarial district;
• form number.

Below is a sample power of attorney

Procedure for entering into inheritance by power of attorney

If the recipient enters into an inheritance by law, then the heir’s representative needs to contact the notary at the place of residence of the deceased subject (Article 1153 of the Civil Code of the Russian Federation). When inheriting by will, you must contact the notary who keeps the document.

You will also need a basic package of documents and an original power of attorney. 6 months to submit papers . The terms begin to be calculated from the date of death of the testator.

The inheritance procedure can be divided into several stages:

1. Preparation of documents.
2. Submitting an application to a notary.
3. Carrying out property valuation.
4. Paying the state fee and obtaining a certificate.
5. Registration of property rights.

If the applicant misses the deadline for entering into inheritance (Article 1155 of the Civil Code of the Russian Federation) or a dispute arises between the heirs, then such issues will be considered by the court. Any interested person can file a claim. The general limitation period is 3 years .

If the heir missed the deadline for filing papers, then the application must be submitted within 6 months . The countdown begins from the moment the reason for absence ends. For example, after returning home from a foreign business trip.

Inheritance procedure

If there is a power of attorney, the interests of the heir are represented by a trusted person. His responsibilities include collecting the necessary documents for the notary. Naturally, the heir must assist the representative in every possible way.

After all, most of the papers are usually kept by the relatives of the testator. If the heir’s relatives doubt the citizen’s powers, they can check the power of attorney on the website of the Federal Notary Chamber.

The representative must contact a notary office. The notary will check the submitted documents and verify the authority of the representative.

After explaining the rights/responsibilities, the notary will invite the representative to submit an application for acceptance of the inheritance. An inheritance case is opened solely at the request of the heir or his representative.

The next stage is an expert assessment of the identified property. A report from specialists is required to calculate the state duty.

Important! Without an assessment and payment of the fee, the notary will not issue a certificate of inheritance.

It is not required in exceptional cases. For example, if a cash deposit in a bank is subject to inheritance.

After six months, the representative needs to visit the notary again. At this stage, the number of applicants is determined, the shares of heirs are calculated, the amount of tax is calculated, and a certificate is issued.

After receiving the main document, all that remains is to register ownership. The choice of government agency depends on the type of property that the principal inherited.

Important! If the heir authorized the representative only to obtain a certificate, then he will have to register the rights independently.

Statement

The basic document when registering an inheritance is an application. The law does not provide for a special form of the document. Each notary has his own sample.

Application details:

1. Name of the notary office.
2. Recipient information.
3. Representative information.
4. Details of the power of attorney.
5. An indication of the degree of relationship between the heir and the deceased citizen.
6. Display the method of inheritance (law/will).
7. The heir's request.
8. Date of submission of documents.
9. Applicant's signature.

Sample application for acceptance of inheritance

Documentation

Some documents must be attached to the application.

These include:

1. Applicant's identity card.
2. Power of attorney for registration of inheritance.
3. Death certificate of an individual.
4. Certificate of the last place of registration of the deceased owner.
5. Original order (if available).
6. Evidence of the relationship between the heir and the testator (in case of inheritance by law).
7. Documents for identified inheritance.
8. Report on the value of the inheritance or an extract from Rosreestr.
9. Receipt of payment of the duty.

The identity of the representative is established by the notary when submitting the application. Therefore, the authorized person needs to have a passport of a citizen of the Russian Federation with him.

Expenses

The costs of registering an inheritance are borne by the applicant for the property (Article 333.24 of the Tax Code of the Russian Federation). However, a representative can pay for the appraiser’s services or state fees. The main expense item is state duty.

It is calculated as follows:

1. 0.3% for close relatives of the owner . They pay significantly less than other heirs. The legislator not only reduced the base rate, but also limited the maximum tax amount. It should not exceed 100,000 rubles. This amount of payment applies to children, parents, spouses, brothers and sisters of the deceased citizen.
2. 0.6% for other recipients . This group of heirs includes all other applicants (individuals and legal entities). The maximum amount of duty is set at RUB 1,000,000.

Separately, the heirs pay for the services of the appraiser. The cost of services of a specialized specialist depends on the type of property.

The apartment's valuation is about 3 thousand rubles. Whereas a certificate from the BTI will cost the applicant from 300 to 600 rubles. A similar document from Rosreestr on the cadastral value of real estate is issued for 350 rubles.

To evaluate a vehicle you will need from 2 to 5 thousand rubles. Several factors are taken into account here - whether the car is a car or a truck, whether the car is used for commercial purposes, and the condition of the vehicle.

Notary services are paid separately from the state fee. To specify the costs of a notary when entering into an inheritance, you must use the service of the Federal Notary Chamber. The amount of payment directly depends on the region of circulation.

The final stage is the registration of property rights to an apartment (Federal Law No. 218 of 2020) or a car. Here the heir will also have to spend money. Registration of a property costs individuals 2,000 rubles.

If the heir is entitled to a share in the common property of an apartment building, then the state duty is 200 rubles.

Deadlines

Heirs of the first stage are given 6 months to assume rights. A similar rule applies to applicants for property in the order of presentation.

If the trustee acts on behalf of the second-order heir, then the papers are submitted 6 months after the death of the testator. Missing deadlines can lead to loss of inheritance or protracted legal proceedings.

Important! Shifting deadlines is permitted in special cases. For example, if the heir accepted the property after the fact. Therefore, the application can be submitted after the deadline. The only condition is the presence of indisputable evidence of acceptance of the inheritance.

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