Certificate of right to inheritance

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The inheritance procedure is not the fastest process, and in some cases can take a lot of time and effort. But having the necessary information, it is possible to save at least time costs. Below is information about what documents heirs need to enter into an inheritance, not only in general cases, but also when inheriting certain types of property.

Documents required for inheritance of certain types of property

Above we reviewed the general list of documents required in each case of inheritance. But this list may expand, depending on the type of inherited property. Let's look at each type in more detail.

Documents required for inheritance of real estate

Real estate inheritance can be divided into several stages:

Removing a deceased citizen from registration

To complete this procedure, the applicant must apply to the passport office window at the MFC.

To inherit real estate, you need to prepare an impressive package of documents

The applicant will need to present a passport, death certificate, and a written application. Deregistration is carried out approximately within 6-7 days, which is recorded in the house book. In order to make sure that deregistration was successful, the applicant can order an extract from the house register about the number of persons registered in the apartment.

Provide the notary with the following set of documents:

• Death certificate of the testator.
• Documents confirming family relations or a will.
• An extract from the house register at the place of residence of the testator indicating that he has been deregistered.
• Title documents for real estate (apartment, dacha, land plot, garage, etc.). This could be an agreement for the transfer of ownership of an apartment (privatization), a purchase and sale agreement, a gift agreement, etc.
• If the ownership of the apartment was registered before 1998, you will also need to obtain a certificate of registered rights from the City Property Department. Moreover, if the heir is not also the owner of the inherited apartment, the certificate will be issued only through a request from a notary.

Obtain a certificate of inheritance

If all documents are in order, the notary issues the applicant a certificate of inheritance. This document is the basis for registering ownership of real estate.

From February 1, 2020, it is possible to register ownership of real estate through a notary who handled the inheritance case. The notary independently sends the data to Rosreestr. The period for registering property rights in this case, together with sending documents, takes about 5 business days. It must be remembered that for registration actions the applicant must pay a state fee to Rosreestr; the amount of the fee for registration through a notary is 1,400 rubles.

In this case, the applicant, if desired, can act not through a notary, but personally contact the Rosreestr authorities through the MFC. At the same time, the registration period will be increased and will be about 9 working days, and the state fee will have to be paid in the amount of 2,000 rubles.

What documents does a notary issue when entering into an inheritance?

» What testators need to know September 9, 2020

Entry into inheritance

Entering (acquiring) an inheritance means that a citizen becomes the owner of the property of the deceased, that is, he enters into his legal rights.

To enter into an inheritance, you must accept it. Within 6 months from the date of death of a person, the heir collects the necessary documents and applies to the notary with an application to accept the inheritance. If he did not appear before the notary within six months for good reasons, for example, he was seriously ill or could not know about the death of a relative, then in order to restore his rights, he will most likely have to go to court. The situation can be resolved without judicial intervention if other heirs voluntarily recognize the rights of the late relative. In such a situation, a certificate of inheritance is issued later than 6 months. If an individual, legal entity or state has entered into ownership and management of property, retains it, incurs maintenance costs, and pays debts with which the property is encumbered, then such actions are recognized as acceptance of inheritance.

Basic documents for inheritance

When entering into an inheritance, the notary must provide the following documents:

• death certificate of a citizen
• an extract from the house register or documents from the village council to confirm the deregistration of the deceased
• passport of the Russian Federation or another state, translated into Russian
• power of attorney and passport for the heir's representative
• a will with a note that it was not revoked, another was not drawn up
• documents confirming relationship with the deceased, if there is no will
• refusals of inheritance in writing, if any
• a certificate of the estimated value of property on the date of death of the citizen
• receipt for payment of state duty.

A state-issued death certificate is issued by the civil registry office on the basis of a citizen’s death certificate received at a medical institution. An extract from the house register is taken from the passport officer at the housing maintenance department (HOE), homeowners' association (HOA), housing construction cooperative (HCS). If a citizen lived in a private house in the city, then for confirmation of deregistration of the citizen, you need to contact the department of the Federal Migration Service (FMS), if in a village, town or village - to the village council. A will is a document drawn up by the testator in accordance with Chapter. 62 of the Civil Code of the Russian Federation, in which he indicates what property and to whom he wants to transfer after his death.

Persons not specified in the will cannot claim the inheritance, regardless of the degree of relationship with the deceased.

In the absence of a will, heirs are determined by law in accordance with Chapter. 63 Civil Code of the Russian Federation. They are divided in order depending on the degree of relationship according to Art. Art. 1142 - 1147 of the said Code. Moreover, the closer the relative is to the deceased, the easier it is to prove family ties. Documents confirming kinship are: certificate of marriage and/or divorce, birth certificate, certificates from the registry office, certificates from the guardianship and trusteeship authorities and other documents that the notary will need. If there are no heirs, they are deprived of the right of inheritance or are excluded from it, the property of the deceased is recognized as escheat in accordance with Art. 1151 of the Civil Code of the Russian Federation. In this case, the state is recognized as the heir. The state duty when registering an inheritance, charged by a notary, is 0.3% of the value of the property for parents, children, brothers, sisters, but not more than 100,000 rubles, for other heirs - 0.6%, but not more than 1,000,000 rubles.

Documents for a notary depending on the type of inherited property

When entering into inheritance for an apartment, part of an apartment, room, house, garage, land plot and other real estate:

• documents confirming the deceased's ownership of this property (certificate of state registration of rights, privatization agreement, purchase and sale or gift agreement, etc.)
• cadastral passport from BTI
• certificates of absence of debt for housing and communal services or other obligatory payments, property tax
• certificates of absence of arrests and prohibitions
• vehicle passport
• certificate of registration of the vehicle with the traffic police.

When inheriting cash:

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• agreement between the deceased and a credit institution on opening a deposit
• rental agreement for a safe or locker in a credit institution
• savings book
• extract from the depositor's personal account.

After collecting all the necessary documents and transferring them to the notary, he opens an inheritance case and, after 6 months from the date of death of the citizen, issues a certificate of inheritance. If this document is issued for real estate, then to finally enter into inheritance you need to contact the Rosreestr office and obtain a certificate of state registration of ownership.

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What documents must a notary issue after entering into an inheritance? signed - you joined and you have to wait 6 months!

Viewed 237 times Asked 2014-11-01 09:50:31 +0400 in the topic “Inheritance Law” from Moscow

There is a will in which there is only one heir and there are no other heirs - we went with this will to the notary - we entered into the inheritance - (we signed some kind of entry document at the notary) and he said we need to come in 6 months. but the notary did not give us any documents (or copies) indicating that we had entered into an inheritance. and also took the original will. Fortunately, I thought of going back and making a copy and giving this copy to the notary. In general, he did not issue any documents indicating that we entered into a will! should I have? if so, which ones?

in other words, I can only say verbally that I have entered into an inheritance, but I cannot show any document confirming that I have entered into an inheritance.

He also told me to bring photocopies of the deceased’s passbooks.

Why does he need copies of the deceased’s passbook if, in theory, the notary himself should make a request to the bank to find out about all the accounts of the deceased that are due to the heirs. after all, if the heir provides one book and the deceased had 10 accounts in this bank, this does not mean that he will be given money only for this one account, a photocopy of which the heir presented.

Answers (1)

This lawyer is from Moscow 2014-11-01 09:50:31 +0400 Notify administration

She didn’t join, but accepted. The notary should not issue you any documents at this time. will be issued after 6 months. The notary gives you a request to search for accounts and you go yourself and the bank searches for your deposits for a fee, i.e. you have to pay money for this, isn’t it easier to present savings books? Moreover, you need originals, not photocopies. and if you do not provide evidence of the existence of other accounts, then this precisely means that a certificate of inheritance will be issued to you for one account for which the documents were submitted by you.

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  REGISTRATION OF AN INHERITANCE ENTRY INTO AN INHERITANCE AND REGISTRATION ON A TURNKEY FROM A NOTARY Registration of an inheritance in Moscow and the Moscow, Kaluga, Ryazan, Vladimir regions.

  RECEIVE A READY CERTIFICATE OF STATE REGISTRATION OF PROPERTY RIGHTS IN YOUR NAME FOR ALL INHERITED PROPERTY, WHATEVER IT CONTAINS AND WHERE IT IS LOCATED.

  The inheritance registration department provides a complete list of legal and technical work on the registration of your property. You will become the owner and your inheritance rights will be properly protected and registered.

  Registration of inheritance begins with the submission of an application to a notary for entry into inheritance rights no later than six months from the date of death of the testator.

  Main stages of inheritance registration

  In accordance with the legislation of the Russian Federation, it is possible to open an inheritance and deal with its registration only after the death of the testator or recognition of him as deceased in court. The date of opening of the inheritance will be the date of death of the testator.

  To enter into inheritance rights with the transfer of ownership, it is not enough to simply receive it - you must go through the mandatory procedure of registering an inheritance.

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  To enter into an inheritance. the heir must contact a notary with an application to accept the inheritance. At this stage, registration of inheritance according to the law of the Russian Federation can be carried out not only by the heir himself, but also by his representative. The heir provides the heir with powers that will be specified in the power of attorney.

  What documents must be provided to the notary to obtain a certificate of inheritance rights?

  The heir receives a complete list of these documents at the notary office during the first visit, i.e. documents that confirm the testator's ownership of the property. The notary will issue requests to the relevant authorities (BTI, Rosreestr, cadastral chamber, banks, etc.).

  The most difficult thing is to draw up documents for suburban real estate - a plot of land, a house, a dacha, a garage, etc. This is explained by the remoteness of the objects, because registration of ownership takes place at the location of the property.

  Added to such difficulties is the heir’s complete inexperience in preparing documents for country real estate, ignorance of the registration procedure, because the notary only gives a list of documents, and sometimes this list of documents is unreasonable and very long.

  The notary does not consult with the heir on where to go and where to collect these documents.

  The duties of a notary when registering an inheritance for an apartment. a plot of land, a house or any other property includes checking the availability of ownership of the inherited property. The fact of the presence or absence of owners and existing encumbrances is revealed. The notary checks documents on the valuation of inherited property, payment of property tax, etc.

  After all the documents have been collected, after 6 months from the date of death of the testator, the notary issues a certificate of entry into inheritance rights, and the heir is obliged to pay the tariffs for notary services.

  Heirs of the first stage 0.3% of the value of the inherited property, but not more than 100,000 rubles. Heirs of subsequent stages 0.6% of the value of the inherited property, but not more than 1,000,000 rubles.

  After receiving a certificate of entry into inheritance rights, this certificate is registered in Rosreestr and the heir receives a certificate of state registration of the right in his name.

  By concluding an inheritance agreement with us. you save yourself from the tedious procedure of entering into inheritance rights.

  To do this, you need to come to us twice, once to conclude an agreement on managing the inheritance case and drawing up a power of attorney, and the second time to receive documents on state registration of property rights in your name.

  You will be required to provide documents. death certificate, heir's passport, title documents for inherited property, documents confirming relationship.

  If you do not have the specified documents, the center’s specialists will restore them.

  The number of office visits is two times.

  The first time to open an inheritance case, the second time to obtain a certificate of state registration in the name of the heir.

  Payment can be made from 50%

  Inheritance registration procedure

  After the death of almost every person, property remains that belonged to him during his lifetime, and after his death passes to his heirs.

  Methods of obtaining property

  There are a number of alternative ways to become a property owner. The most common method of concluding various types of paid contracts is also through inheritance. The law provides for several methods, each of which presupposes a certain procedure for registering the entry into rights and subsequent registration of the inheritance.

  In law

  Inheritance by law does not require the expression of will by the testator, and the heirs are the persons specified in the law.

  The Civil Code of the Russian Federation contains a list of heirs by law. This list consists of 8 queues.

  In the case of inheritance by law, the heirs of one line are actually presented for inheritance, most often the first or the next closest to it, if there are none.

  By will

  Inheritance by will assumes that the testator, during his lifetime, expressed his will and independently determined the circle of persons who will receive his property.

  A will involves drawing up a written document in which the testator determines the heirs, property and shares.

  What is included in the hereditary mass

  The hereditary mass covers a number of objects:

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• Objects of the material world, money and all types of securities
• Property rights
• Obligations.

In this case, the rights and obligations that the testator had on the day of death, and those that the deceased began to formalize, but did not complete due to his death, are inherited.

The law excludes inheritance of rights and obligations that:

• directly tied to the personality of the testator (alimony, pension, etc.)
• By law it is prohibited to transfer (state awards, etc.).

Actual acceptance

Actual acceptance of an inheritance is the actions of the heirs performed from the day of its opening until the actual registration of their rights with a notary, which indicate that the inheritance mass, part of it, has been accepted by them as their own.

Actual acceptance may be evidenced by:

• The debts of the testator are paid off
• Debts of third parties owed to the testator are accepted
• Ensuring the safety of the hereditary complex
• Material maintenance of property
• Actual management or ownership of property.

Read what the right of representation is in the article “Who has the right to inheritance by representation”.

What is not included in the inheritance can be found here.

Where to contact

Having received the death certificate of the testator, you will have to go to the notary at the last place of residence of the deceased or at the place where the largest part of the inheritance mass is located (usually real estate) to obtain an inheritance certificate.

Process order

Entry into inheritance is subject to notarization. The rules stipulate that applications for inheritance must be made within six months. You should contact a notary office or a private notary.

Within the specified time, all heirs declare in writing their intention to enter into the inheritance or, on the contrary, write a refusal. Those who apply for membership collect a package of documents and provide it to the notary.

Acceptance of documents

Heirs claiming an inheritance will be required to provide a number of documents, without which the notary will not be able to open a notary business. If the notary, having examined the documents, is convinced of their authenticity, then the establishment of an inheritance case will follow.

Within the borders of the Russian Federation, one inheritance case can be opened, according to which the entire property complex of the testator is inherited, regardless of its dispersion in different administrative-territorial units.

The notary verifies and protects the rights of all heirs. For this purpose, he notifies about the opening of the inheritance all the heirs of the represented line, who themselves have not applied to him, both about entry and refusal, and also takes other measures:

• Describes the property in the inventory
• Establishes a ban on the alienation of real estate
• Transfers households. subject in trust management
• Transfers property, with the exception of real estate, for safekeeping
• Addresses the necessary instructions to other notaries serving the territories where individual objects of property included in the inheritance mass are located.

In addition, the notary receives claims from the testator's creditors, which, after accepting the inheritance, are subject to satisfaction by the heirs who have entered into rights in proportion to their shares.

To open a business

The notary will need to submit a package of documents:

• passport
• death certificate
• documents that certify the testator's rights to property that is part of the inheritance
• documents evidencing the existence of a relationship, its degree, or a will
• a certificate from the passport office indicating the territorial affiliation of the opening of the inheritance
• power of attorney. when the interests of the heir are represented by a person authorized by him.

Where to contact

Having acquired a certificate issued by a notary, you can obtain the corresponding property, and in some cases register your rights to it.

Depending on the type of inherited property, you should contact:

• Rosreestr when it comes to real estate
• Traffic police - all types of vehicles
• Bank - for the deposit in which it was opened by the testator
• Rostechnadzor and its bodies - a self-propelled vehicle
• Company registrar – shares
• Board of Directors – share in the company.

Rosreestr

A state body that, through its territorial bodies, carries out centralized cadastral registration of real estate and registers rights to it.

For example, you can and should register an inherited apartment in the registration chamber of the corresponding administrative-territorial unit.

MFC

A multifunctional center for the provision of state and municipal services is an alternative that can be used to prepare various documents, including the implementation of state registration of inheritance for real estate.

Deadline

The registration authority is obliged to carry out registration within 10 days from the date of submission of all documents. At the same time, he carries out an examination of the relevant papers. Upon expiration of the established period, the applicant must be issued a corresponding certificate.

How to inherit after the death of a husband, read the article “Who can inherit after the death of a husband? "

How to enter into an inheritance if there are no documents for the house can be found here.

Main nuances

Inheritance has its own characteristics, primarily related to the inheritance of debts. and dispute resolution.

Controversy

A notary formalizes rights in relation to property in the absence of disputes regarding the rights of a particular heir to it.

If there are disagreements among the heirs, or irregularities in the preparation of inheritance documents, inheritance is possible only through the judicial authorities.

The presence of a certificate of inheritance issued by a notary also does not exclude the possibility of judicial permission. This may occur if the will is declared invalid, or heirs are declared who, for good reasons, missed the deadline for filing an application for inheritance and in other cases.

Satisfaction of the claim on one of these grounds will invalidate the certificates received from the notary, and the registration of inheritance will have to be done anew.

Are debts transferable?

From the moment the inheritance opens and over the next 6 months, creditors, regardless of whether the obligations have become due or not, have the right to file a corresponding claim with the notary.

All declared claims from creditors, along with the estate, pass to the heirs and are subject to satisfaction by the heirs in shares proportional to the inherited property.

If additional property is discovered

Identification of additional property will require:

• Visit the same notary again with documents
• Pay a fee, which is calculated based on the cost of additional property.

Sources: 1nasledstvo.ru, heritage.joosy.ru, slyxi.com, gorelikoff.ru, sudguru.ru

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Basic documents

As noted, the list of documents varies depending on the order of inheritance.

Inheritance by law

You can see the list of required papers in the following table.

Table. Documents for inheritance by law

By will

Principles of inheritance
In the case of inheritance by will, the list of documents remains similar to the above list, supplemented directly by the will. The document must be certified by a notary's seal. This mark indicates that the will has not been revoked and no changes have been made to its contents.