How to enter into an inheritance under a will: conditions, procedure, documents, fees, deadlines.

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Entering into an inheritance under a will is a process that requires extreme care from the recipient. This is due not only to the fact that this procedure legally changes the owner of the property, but also to the fact that, in addition to the property, all obligations are also transferred to the new owner after the death of the previous one. They concern:

• re-registration of legal documents in state registration authorities (BTI or MREO);
• fulfillment of debt obligations;
• payment of taxes and state duties, from which the deceased may have been exempted by law.

There are many nuances of taking over rights, and they are directly related to what kind of things are received by the successor.

Anyone who has become the owner of movable and immovable property, before starting the registration procedure, is recommended to study the legislation relating to this issue, or seek qualified help from a lawyer who will explain in simple language how to correctly receive the property due, left by the testator to the recipient.

The most common questions, the answers to which every successor under a will should know, will be covered in this article.

What does the term “testate inheritance” mean?

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From the point of view of lawyers, the term “inheritance by will” means that the successor receives the right to use property after the death of its owner not by inheritance according to a simplified procedure, that is, according to a law that presupposes the observance of priority, but in a special way.

It should be said that a person has the right to bequeath the property acquired during his life to absolutely any person. The beneficiary, in turn, can be a national of any country in the world. The main conditions for transferring one's property are voluntary desire and legal capacity.

The writing of a will (only a paper version of the document is recognized!) takes place in a notary office, in which there is a notary and a person who wishes to entrust his living space (house, apartment or room), car, business or cash deposits to one or more people.

The beneficiary may not even know that he is an heir.

The main features of “inheritance by will” are that:

1. Only adult citizens have the right to write an application for the transfer of property after death to a certain circle of people.
2. The document may indicate several recipients and the will of the now deceased regarding the share participation of each of those named.
3. A person who is not related, or even an organization (for example, a medical institution or a charitable foundation) can receive property. There are often cases when lonely people who have no one to leave their acquisitions resort to such actions.
4. The owner’s application for the transfer of property rights under a will can be challenged by family members who are legally guaranteed a mandatory share in the inheritance. These include citizens registered with social services and recognized as disabled, dependents of the deceased who received assistance from him (parents and minor children, as well as their mothers and fathers acting as guardians), as well as those to whom, according to the law, the deceased paid amounts for maintenance awarded for various reasons by the court (for example, for physical damage to health).

Read also: How to privatize the land under a house?

Inheritance under a will is sometimes an opportunity to divide property between natural and adopted daughters, sons and surviving spouses, parents and distant relatives who were dear to the deceased without scandals or lawsuits.

Time frame(s)

The time frame (deadlines) within which the successor under the will must necessarily meet does not differ from the general standards established by law for entering into an inheritance under the procedure of direct shared inheritance.

That is why you should definitely declare your desire to accept the will of the deceased before the deadline (six calendar months from the date of death of the testator, counting from the next day after the establishment of the fact that allows opening the inheritance).

If the applicant’s plans do not include receiving the entrusted property, then this decision should also be announced within the time period specified above. This must be done, even though a person who has not declared his desire to receive the leave for six months is automatically recognized as not having entered into rights.

Missed deadlines for accepting an inheritance can lead to lengthy litigation, since by the time the process of restoring rights begins, quite a lot of time may have passed, and the heirs at law (to whom the inheritance passed due to the fact that the heir under the will was not found by legal means within the agreed time frame) could have already sold or otherwise disposed of the property.

List of documents for entry into rights

The list of documents required to assume the rights of an heir under a will depends on several factors, including:

• relation degree;
• citizenship of the recipient;
• additional papers that can be used to confirm the facts necessary to open a case of inheritance under a will.

The originals listed below will be requested by the notary from any beneficiary who applies for re-registration of real rights:

1. Identification. Due to the fact that not only a citizen of the Russian Federation, but also a non-resident of the state can become a recipient of movable and immovable property, documents from any country recognized as legitimate are accepted for consideration.
2. A death certificate of the person whose property was transferred to the applicant, of the established form, including one issued outside the territory of Russia.
3. An extract or certificate about the actual place of residence of the person who has become an applicant for inheritance, as well as a certificate about the place of registration of the place of residence of the now deceased.
4. Any available document on the degree of relationship (for the purpose of establishing a special regime for paying state duty on received property, as well as determining the amount of the mandatory contribution to the state fund assessed on income - the so-called income tax).

A mandatory document, without which the recipient cannot claim to receive the property, is a notarized will.

The heir can receive it in several ways, including transferring a copy from the hands of the former owner or receiving a third copy of the original from a notary office, whose specialists have certified the desire of the now deceased owner to transfer the property of his own free will to a trustee. The issuance of a will is carried out exclusively upon a written application after establishing the fact that this particular person received the inheritance.

It is important to note that a paper will must be kept until demanded, and after the new owner assumes rights, for at least seventy-five years. With the introduction of an electronic document management system, this task has been simplified, but nevertheless, you only need to contact the office whose lawyer executed the will during the owner’s lifetime.

The law recognizes the fact that a trusted person can act on behalf of the beneficiary. In this case, the notary who will open the case of inheritance under a will is obliged to request a power of attorney of the established form, issued taking into account the requirements for registering such papers in the state register.

Read also: How to get a 2-NDFL certificate through State Services?

Procedure and procedure for entering into inheritance under a will

The procedure and procedure for entering into an inheritance under a will do not differ from the actions that would need to be carried out when registering property rights one by one (without a will). The procedure for registering property rights is as follows:

1. A person claiming to receive property under a will applies to a state notary office with a passport and a full set of documents necessary to open office proceedings.
2. The notary opens a process during which he identifies the presence or absence of obstacles to the applicant’s accession to rights.
3. The specialist conducts an inspection and issues a certificate of inheritance, which contains an exact list of property that goes into the use of the heir.
4. Certifies the document as having entered into force and enters data on the transaction into the State Register of Property Rights.

The date of entry into inheritance is the first day after the expiration of six months after the death of the person who wished to transfer his property under a will. After this day, the heir becomes the owner of the property and assumes all maintenance responsibilities. It is important to note that all debt obligations become the “property” of the assignee.

Special control

Weapons (including collectibles) are under special control of law enforcement agencies, which the now deceased could bequeath to their legal successors.

The latter are required to undergo a psychiatric examination, collect a set of necessary documents and undergo specialized training courses for shooters.

If this condition is not fulfilled by the beneficiary before the expiration of the six-month period, then the weapon must be voluntarily handed over to the relevant services in order to avoid seizure and the opening of a case in this regard.

How much does it cost to inherit under a will?

How much does it cost to inherit under a will? This issue does not lose relevance, since the entire amount of fees and payments falls entirely on the beneficiary, as well as the need, within the time limits specified by law, to re-register documents confirming the right to use and dispose of property (cadastral numbers, technical passports for an apartment, country house, private or country house, garage or any vehicle). Gold and silver jewelry with precious stones received as an inheritance under a will are subject to examination by a certified appraiser, who can determine how much this or that jewelry is worth, and will also identify the fair value, based on which it will be necessary to calculate and pay taxes.

Read also: How to draw up a prenuptial agreement or prenuptial agreement?

Regarding inheritance

• lost wages, pension payments and maintenance funds,
• bank deposits, as well as dividends and interest on deposits,
• royalties and amounts received as royalties,

Special preferential tax conditions are applied that apply to all citizens of the Russian Federation.

The amount that the recipient of the inheritance will have to deposit into the state treasury accounts varies depending on the value of the property and the family ties (as well as the lack thereof) between the deceased and his heir under the will.

It should be noted that in the case where the document was drawn up in relation to a person who is the heir of the first (priority) line (children, spouse, parents), a zero tax rate is applied.

In addition, certain categories of Russian citizens are exempt from certain payments in whole or in part, including heirs under a will:

• those who lived in the same living space as the deceased;
• minor legal successors;
• heirs of persons killed in the line of duty.

Incapacitated family members of the deceased and their guardians (in the case where property was left to them by will) are exempt from paying income tax to the budget upon entry into rights.

With regard to the re-registration of property in the registration chamber, all the above categories do not have preferences in all regions of Russia.

How to invalidate an inheritance under a will?

How to invalidate an inheritance under a will? Challenging is a common practice of courts. This is due to the fact that there are often cases when older people, being legally capable, succumb to fraudulent schemes and leave their property to third parties.

Children and other heirs who are in excellent relations, who care for their parents (for example), but do not live with them, are faced with situations when fraudsters have documents in their hands stating that the housing or other property of the deceased has been “registered” under will.

The most correct solution is to seek help from a lawyer’s office, as well as submit an application to the notary who approved the transaction. It is possible to receive part of a parent’s property only if it is proven that the inheritance was received in violation of the law (by criminal means) or the children of the deceased are classified as socially vulnerable persons.

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Regulatory acts

Regulatory acts that spell out all the rules and procedure for the transfer of property rights, explaining and describing the features of operations, are:

• Civil,
• Tax,
• Housing codes of the Russian Federation.

The above documents contain all possible legal situations, using which you can interpret the legality or identify violations of the actions of the beneficiary (or another party to the process), as well as clarify situations that are non-standard.

In conclusion of the article on entering into an inheritance by will, I would like to say that there are many situations related to entering into an inheritance, and only qualified lawyers can resolve them. It is not advisable to refuse the help of specialists in order to save money.

Inheritance by will: how to enter and register, documents for entry, fees and deadlines

Inheritance by will guarantees the manager of funds that all of his property indicated in the document will pass into the possession of a specific citizen to whom the testator wishes to entrust his personal property. Of course, provided that the document is drawn up correctly in accordance with legal requirements.

The will can include information about all possessions or only some of it, as well as about all valuables and debt obligations.

What is a will?

Registration of inheritance under a will is the only option for transferring material wealth to third parties who are not related to the testator. According to civil law, a will is a unilateral agreement, approved by a notary, which states the will of the testator on the procedure for distributing all his property among the heirs.

Other legal characteristics of testamentary letters include the following facts:

• objects are included in the list of inherited material benefits at the request of the testator (that is, the document can be drawn up in relation to the entire property or a specific part of it), and it is also possible to bequeath those benefits that the citizen will have in the future;
• Only a competent citizen who is fully aware of his actions can draw up a will;
• this is a voluntary order, the execution of which is unacceptable under coercion and threats;
• the basis for inheriting property on the basis of a testamentary letter is the death of the testator;
• The document must be notarized, which confirms its legality and authenticity.

Invalid will

As practice shows, the presence of a will does not always guarantee that the property will go to those applicants who are indicated in the testator's order. It happens that relatives whose right to receive property has been limited file a lawsuit in an attempt to invalidate the letter. More than 30% of such requests are granted by the judge.

Attention! Based on the evidence provided by the plaintiff, the judge may leave the document, completely refute it, or revoke only some clauses of the will.

The right to inherit property under a will is lost if the court grants the claim. Then the articles of the Civil Code of the Russian Federation come into force on the procedure for obtaining property according to the law, that is, according to the order of the relatives of the testator.

The main reasons that are the basis for challenging the validity of the testator’s order include:

• the provisions of the letter contain illegal instructions or violate legal requirements;
• violation of the established form, but if there are small errors that do not affect the interpretation of the text, the will remains valid;
• relatives provided certificates confirming the complete or partial incapacity of the testator;
• the failed heirs learned that the inheritance had been revoked under threats of violence or through the use of violence.

Terms and time of entering into inheritance under a will

Entry into inheritance after death under a will occurs within strictly specified periods. Thus, the Civil Code of the Russian Federation states that the deadline for contacting a notary to open an inheritance is six months. This period of time begins to be counted from the next day after the date of death of the testator.

Also, the legislator has not established a minimum period for sending an application to the notary. That is, relatives can come with a statement the next day after the death of a loved one.

That is, when one of the heirs, after submitting an application to the notary to take ownership of the property, died, and instead of him, his children or grandchildren will become recipients of material benefits.

How to enter into inheritance after 6 months?

There are several options for entering into an inheritance under a will after the end of the established period. These include:

• applying directly to a notary, but there is a high probability of being refused, since lawyers close inheritance proceedings exactly six months later and decisions on the possibility of entering into inheritance rights are transferred to candidates who made it on time;
• receiving statements from each heir who has become the owner of the benefits that they are not against resuming proceedings and reviewing the procedure for distributing property;
• preparing a statement of claim to the court, but the judge will grant the request only if the reasons for missing the six-month term were compelling.

Good reasons include the birth of a baby - a claimant for the inheritance, who was still in the womb at the time of the opening of the inheritance. A long stay abroad for work may also be considered an inability to come to Russia.

A sample statement of claim for restoration of the deadline for accepting an inheritance can be downloaded here

Conditions for entering into inheritance under a will

Entry into inheritance rights on the basis of a will requires the fulfillment of the following mandatory conditions:

• the testator is an adult and capable;
• after opening the order, the notary did not find legal errors or illegal decisions;
• all property is in the possession of the testator, which gives him the right to dispose of the property.

Mandatory share in inheritance under a will

In some cases, even if there is a will, property may also pass to claimants by law, if they are not specified in the order. This procedure is referred to as the allocation of a mandatory share of the inheritance. The following may apply for the obligatory share:

• children (under 18 years of age or recognized as incompetent);
• disabled parents;
• dependents of the testator, for whom the main source of income was the financial support of the testator;
• official spouses who have lost their ability to work.

This is an exclusive list of persons claiming property bypassing the testamentary letter. But the formula for allocating parts to such applicants will be somewhat different. Thus, such applicants will be able to receive only half of the property that would have gone to them upon inheritance by law.

For example, citizen A. died and left behind a will in which he transfers his house and apartment to his official wife (the property was acquired before the wedding, so the wife does not claim the marital share). The total cost of the inherited property is 2,100,000 rubles. Citizen A. also has two sons: adult O. (disinherited by his father) and minor K.

If property were inherited on the basis of legal order, then each of the applicants would receive one third of the property, the value of which would be equal to 700,000 thousand rubles.

But, since citizen A. left all the property to his wife, the distribution will occur as follows:

• adult O. will not receive property;
• minor K. will become the owner of a share with a total value of 350 thousand rubles, that is, half of the share due to him by law;
• the wife took ownership of an apartment and a house, at a cost of 1,750,000 rubles.

The procedure for entering into inheritance under a will

Step-by-step instructions will show you how to register an inheritance under a will:

1. Establishing the existence of a testamentary disposition. When drawing up a will, a lawyer is obliged to maintain secrecy, that is, he cannot disclose information about the existence of the document, as well as its contents. Therefore, relatives often do not know about the presence of such a letter. To clarify whether there is a will. You will need to contact the nearest notary office. The notary, after checking the submitted documents, checks the presence of such an order.
2. If there is a testamentary letter, the participants must contact the notary with whom the order was drawn up.
3. Potential heirs submit personal applications to open an inheritance and prepare a package of necessary documents.
4. After six months, the notary, having checked the submitted papers, prepares a certificate of the possibility of entering into inheritance and registering ownership rights to the object.

A sample application for acceptance of inheritance can be downloaded here

Procedure for entering into inheritance after the death of the testator

It was noted above when a will comes into force. In particular, this requires the presence of a death certificate of the testator or a court decision declaring the citizen dead or missing. Only if there are such grounds, you can begin the procedure for obtaining inheritance rights.

Detailed instructions involve performing the following steps:

• after receiving individual petitions from applicants for property, the notary gathers all participants and reads out to them the text of the will;
• those parties who do not wish to register ownership of the property prepare letters of refusal of their share of the property;
• over the course of six months, participants bring to the notary the necessary documents proving the right to take ownership of the objects;
• compensation of notary costs for the production of documents and performance of related functions;
• familiarization with the date and time when you can arrive at the notary to receive completed documents.

Documentation

Interested parties will have to submit the following documents to inherit under a will:

1. Identification. Adult candidates bring the original and a copy of their passport, while minors must submit birth certificates. In addition, if the applicant changed his last name, then he must prepare a certificate from the registry office confirming the change or a copy of the marriage registration certificate.
2. Confirmation of the grounds for opening an inheritance. These can only be a death certificate or a court decision declaring someone dead.
3. Confirmation of property rights. Each of the citizens indicated in the contents of the will must submit papers confirming their identity. No other papers will be required, since on the basis of a testamentary disposition, property can be transferred even to strangers and there is no need to confirm kinship.
4. Property papers. Relatives must confirm that the testator has legal grounds to bequeath the property.

This list of papers is not complete and depends on each specific situation individually. So, for example, if among the applicants for property there are unworthy heirs, then you need to prepare documents confirming their unworthiness.

Important! If there are incapacitated dependents among the candidates, then you must provide evidence of cohabitation and your financial dependence on the testator.

Fee upon entering into inheritance under a will

Since 2008, income tax on the property received has ceased to be collected from inheritance recipients. But the obligation to pay the state fee remained. This is the amount of funds that is allocated to the state budget and is payment for the services of government bodies involved in the re-registration of documents to the new owner.

The amount of state duty deductions depends on the following factors:

• the degree of relationship of the recipient of material benefits with the testator;
• the estimated value of objects, which is carried out after the opening of the inheritance.

So, in 2018, the amount of the state duty for inheritance will be equal to:

• 0.3%, if close relatives of the deceased, that is, applicants of the first level of relationship, enter into property rights;
• 0.6% when transferring material assets to third parties and other relatives.

Important! If the object is registered in personal ownership, then a separate amount is paid for each share. If the property is registered in common ownership, then payment of the state duty will be the same for all co-owners.

Registration of ownership of inherited property

Obtaining a certificate from a notary is not the last stage of the process and this document is not enough to fully manage inheritance benefits. It is also necessary to register ownership of the objects.

Depending on what values ​​were received, the procedure will be performed. Land plots are re-registered in the land cadastre, and to enter information about the new owner of the property, you need to visit Rosreestr.

Vehicles must be registered with the traffic police.

In general, the procedure for transferring property on the basis of a will is reliable, since at the stage of registering the application, the notary checks the contents of the papers and the legal basis for their preparation. But if the property owner is afraid that specific individuals will not be able to obtain ownership, then other options for the alienation of property rights can be used. For example, a deed of gift.

This is a free transfer of property to relatives and third parties, but after registering the gift, the current owner loses all claims to the property.

How to inherit by will

The acquisition of property under a will is carried out after the opening of the inheritance from a notary. To do this, the citizen must provide a death certificate. And if he is indicated in the will as a legal successor, then a corresponding application is submitted for consent to enter into the inheritance.

According to Art. 1123 of the Civil Code of the Russian Federation, the will is kept secret, therefore, it is possible to find out whether it was drawn up or not only during the life of the testator from himself.

If the testator did not report the existence of the document, then relatives can find out about its existence when entering into inheritance.

After opening the inheritance case, the notary announces the terms of the will and the list of citizens who are claimants to the property.

There are also persons who are entitled to a mandatory share in the inheritance, regardless of the terms of the will. These citizens acquire at least half of the share of the property that would be due to them by law.

These include:

• minors;
• disabled people - children, parents, spouses;
• dependents - if they were dependent during the year before death.

The procedure for entering into inheritance under a will

The inheritance case is conducted by a notary at the last place of residence of the testator , or at the location of his property.

To acquire property rights under a will, you must follow the following algorithm:

1. Collect the necessary documents.
2. Contact a notary who will handle the inheritance matter.
3. Draw up an application for acceptance of inheritance and provide all the necessary documents.
4. Pay the state fee.
5. Receive a certificate of inheritance.

There are two types of wills - open and closed . In the first case, acceptance of the inheritance is carried out after the will is announced and an application for entry into the right of inheritance is submitted.

a closed will was drawn up , then its contents are announced by a notary only 15 days from the date of provision of documents confirming the death of the testator and the opening of the inheritance. In this case, two witnesses must be present, as well as persons from among the legal heirs.

What documents are needed to enter into an inheritance?

To purchase bequeathed property, you must provide the notary with a list of the following documents.

1. Death certificate issued by the civil registry office.
2. Passport of the legal successor.
3. Application for inheritance.
4. A document indicating the last place of residence of the testator.
5. Will, if there is one.

If there is no will, the notary, within two days from the opening of the inheritance, searches for it through the unified notary information system (UIS). If the order is old and not included in the register, then the successor must contact the notary chamber to search for it.

Depending on the type of property being transferred, it will be necessary to provide documents confirming the testator’s ownership of the object of inheritance, for example, an extract from the Unified State Register of Property Rights.

To take ownership of the property, you must pay a state fee for a certificate of inheritance. The amount of the state duty is set depending on the value of the property. Therefore, in some cases it is necessary to provide an appraiser's opinion .

Time limits for entering into inheritance under a will

The general period for entering into inheritance is six months from the date of death of the testator. During the specified period, the citizen will need to submit an application to the notary to accept the inheritance.

For full ownership of property and the ability to dispose of it, the successor must obtain a certificate of inheritance, which will indicate the characteristics of the inherited property and what share is due from it.

The certificate can be issued at any time after a 6-month period. However, this period may be reduced if reliable data is provided that there are no other heirs.

If the successor under the will died after the opening of the inheritance, but did not have time to accept it , then the right to receive the property arises from his heirs (hereditary transmission - Article 1156 of the Civil Code of the Russian Federation).

If the right to enter into an inheritance arose before three months before the end of the entry period, then this period is increased by 3 months . Those.

if the heir under the will died, for example, 5 months after the opening of the inheritance, then his legal successors have the right to accept the inheritance within three months after the date of death.

What to do if the deadline is missed

If the heir missed the deadline for entering into inheritance, then the law provides for the possibility of restoring it. The most convenient way for this is the consent of other heirs . In this case, a written agreement with other heirs is submitted to the notary.

In other cases, the right to inherit after 6 months can be in court and if there are good reasons:

• The heir did not know and could not find out about the death of the testator - he did not communicate for a long time, did not know about the existence of a relative or the presence of a will.
• Serious illness - being hospitalized and unable to physically exercise your right.
• Being in another country and not being able to leave it.
• A search for a will was carried out - it is necessary to provide documents confirming the application to the notary authorities for the search.
• Illiteracy is ignorance of the state language.

The court independently determines whether the specified evidence is the basis for reinstating the missed deadline. The claim must be filed within 6 months from the moment the circumstances of missing the deadlines have disappeared.

If the remaining heirs were issued certificates of the right to inheritance, then upon the entry of a new successor, these certificates are invalid .

After which the notary issues new documents to the heirs indicating the shares of each.

If the property has already been sold , and it is not possible to receive it in kind, then the new heir has the right to demand appropriate compensation for losses.

Inheritance of an apartment by will

If a will transfers an apartment that was jointly owned by the spouses, then in the absence of a marriage contract or an agreement on the allocation of shares, the heir is issued a certificate indicating half the share of the apartment.

The successor can own the inherited real estate from the moment the inheritance is opened. However, to be able to dispose of property, it is necessary to register ownership with Rosreestr.

There are two ways to accept a bequeathed apartment:

In the first case, ownership of property arises after filing an application for acceptance of inheritance.

When actually accepting an inheritance, it is not necessary to submit an application to enter into the right of inheritance if the successor carries out actions indicating ownership of the real estate. However, subsequently, in order to be able to register ownership of the apartment, it will be necessary to contact a notary and confirm the fact of acceptance of the inheritance in order to issue a certificate.

As grounds, it will be necessary to provide evidence showing that the heir lived with the testator. As well as documents confirming payment of utilities and related to housing maintenance costs, i.e. information confirming that the heir did not renounce the property , but on the contrary had a desire to accept it.

How to inherit under a will for a house and land

If a will transfers a plot of land along with a house, then in order to be able to accept such property, it is necessary to make sure that these objects were in the property of the testator and were properly registered .

If a will transfers a plot of land that was acquired by the testator before 1991 under the right of lifelong inheritable ownership, then in order to register ownership it is necessary to first register it with the cadastral register.

Court opinions differ regarding the recognition of ownership rights if only one of the real estate objects , for example, a house, is transferred by will.

it was established that the land plot is associated with home ownership and is inherited property.

However, the Supreme Court overturned this decision, indicating that the house and land plot are independent real estate objects . Consequently, the house specified in the will can be transferred entirely to the heir, while the land must be distributed among the successors in the order of priority by law.

What taxes are paid upon inheritance under a will?

The Tax Code, paragraph 18 of Article 217 of the Tax Code of the Russian Federation establishes that property acquired by inheritance is not subject to income tax . An exception is income received from intellectual property rights.

However, in order to acquire bequeathed property, it is necessary to incur the cost of paying a state fee for issuing a certificate of inheritance. The amount of the state duty is calculated based on the value of the accepted inheritance:

• 3% from property, but not more than 100,000 rubles. - if the citizen is among the heirs of the first and second stages;
• 6% from property, but not more than 1,000,000 rubles. - for the remaining heirs.

There are also benefits for certain categories of citizens in which there is no obligation to pay state duty:

• If, according to a will, real estate is transferred in which the heirs lived before the death of the testator and continue to live to this day.
• Minors and incompetent citizens.
• The testator died while performing state or public duties.
• When inheriting money.
• Disabled people of groups 1 and 2 pay a state duty in the amount of 50% of the value of the property.

Inheritance tax is only payable if the property is subsequently sold.

This requirement is applicable if the item was owned for less than 3 years and the testator was one of the close relatives .

Or 5 years if the property was transferred by will to other persons. The specified period begins to be calculated from the moment the inheritance is opened .

Registration of inheritance under a will: documents, terms and procedure

Most often, inheritance is carried out according to law. This means that only his blood relatives can claim to receive the property left after a person’s death. According to the law, there are seven lines of relatives of the deceased, who, in order of priority, can be called upon to inherit.

But in addition to legal rights to inheritance, there are other forms of inheritance. The second method of entry is by will. In this article we will tell you what this document is and how to formalize your rights to inheritance under a will.

What is a will?

According to Article 1118 of the Civil Code of the Russian Federation, a will is understood as a unilateral transaction, the rights and obligations under which are opened at the time of opening of the inheritance. The testamentary document is drawn up by the testator himself, who has the right to indicate on paper the following conditions:

• List of heirs who can accept the inheritance.
• The amount of shares or type of property that a testator wants to pass to each heir.
• A list of relatives or other persons who, in the opinion of the testator, are unworthy of accession rights.

The will is drawn up in two copies and one version of the document is transferred for storage to the notary's office. When entering into an inheritance, the relatives of the testator can independently contact a lawyer and find out about the existence of a will.

In order for a will to be recognized as legal, several conditions must be met. If they are violated, the paper may be declared void in court. If the will is revoked, entry into the inheritance will take place according to law. What are the main requirements for a will?

• The document must be drawn up by a legally competent citizen.
• Information in a will cannot be written from the words of the testator by another person.
• The paper must be officially certified by a notary.

In some situations, certification of a testamentary document by special officials is allowed. For example, a will may be drawn up by the chief physician, the captain of a ship, or another employee of a government department. But in order for such a will to be accepted, the reason why the document could not be registered in a notary’s office must be indicated.

What is the procedure for registering an inheritance under a will? In general, the process of entry in the presence of the left will of the deceased is similar to the registration of inheritance by law. But before registering an inheritance under a will, you need to know which of the heirs has the rights to enter.

Inheritance by will: who has rights of entry

Now you know what a will is and how to make one. Which relatives or other persons can formalize an inheritance under a will and what is needed for this?

According to the law, the testator has the right to completely independently dispose of his property. The will maker is not required to explain his actions. A testator can leave an inheritance in favor of the following persons:

• Close relatives, who may belong to any of the legal orders of entry.
• Friends, acquaintances and complete strangers who are not related to the testator.

It is also possible to transfer an inheritance by will in favor of private or public companies, municipal or federal authorities. The successors specified in the will do not need to prove their rights to succeed by law. It is enough to provide the applicant’s passport and a will written in his favor.

Successors may refuse to accept an inheritance under a will by writing a corresponding statement at a notary's office. However, if there is only one successor indicated in the document, then he cannot refuse to accept the property.

The rights to inherit by will and registration of inheritance may be cancelled. According to Article 1117 of the Civil Code of the Russian Federation, other relatives or other persons have the right to apply to a judicial authority with a statement of claim to recognize a certain applicant as unworthy of entry rights. A court may revoke rights to inheritance under a will if the defendant:

• Gained entry by illegal, fraudulent or deceptive means.
• Prevented other successors from inheriting.
• He hid part of the deceased’s property from the notary and took possession of it without hindrance.

Also, relatives or other persons cannot accept inheritance if they did not fulfill the legal obligations that were determined for them in relation to the testator. Crimes committed against the testator are also a serious reason for deprivation of the right to join.

Special rights of legal successors

The procedure for registering an inheritance under a will provides for one feature: the testator has the right to allocate property not only to strangers, but also to his relatives. What if there are no heirs in the will who could legally accept the property?

The testator may not provide opportunities for successors, for example, first priority according to the law of inheritance. The will may list legitimate claimants as unworthy of succession or may not be named at all.

If all the property that belonged to the testator was bequeathed, then the legal heirs will receive nothing. If there is some uninherited property, that remainder not included in the will will be distributed to the rightful claimants.

But the rights of first-priority successors are protected by law, and even if there is a will not in their favor, such relatives will be able to join on an equal basis with the successors appointed by the testator. Thus, according to Article 1149 of the Civil Code of the Russian Federation, first-rank applicants can take part in the inheritance if they were limited in inheritance by a will.

The parents, spouse and children of the deceased may be allocated a mandatory share of 50% of their legal share if they:

• Reached retirement age.
• Are minors.
• Have an officially recognized disability.

When registering the right to a compulsory share, applicants of the first legal priority must provide documents indicating their incapacity for work. For example, you can give the notary a certificate from a medical institution about the presence of disability or a pension certificate.

Entry under a will: searching for a document and submitting an application to a notary

Now we will tell you how to correctly register an inheritance under a will. The first thing the heir needs to do is contact any notary with a request for the presence of a will drawn up by the deceased.

There is a special notarial register of wills, and when submitting a request from the heirs, the lawyer will quickly find the place where the document is stored. If there is a will, applicants will be able to find out which notary holds the will.

How to write an application for membership? This can be done in free form, but the document must indicate the following conditions:

• Information about the applicant and notary.
• Information about the testator: Full name, date of death, place of registration.
• Grounds for opening an inheritance case: information about the will and death certificate.
• Information about the applicant's right to inheritance.

The application does not have to be written in advance. You can draw up the document directly from a lawyer and then have it certified. If the inheritance case is opened far from the place of residence of the heirs, then the paperwork for registration and application can be sent by registered mail or transmitted through a representative.

Please note: only certified copies of documents must be sent by mail. You can stamp the authenticity of the papers at any notary available to applicants.

List of documents required for entry

After submitting an application to a notary's office, applicants for membership must prepare a package of documents for a lawyer. What documents are needed for inheritance under a will? You need to prepare:

• Death certificate of the testator.
• Will.
• Certificate of the place of registration of the testator.
• The decedent's title to his or her property.

It is important to know that in order to determine the volume of the inheritance, the notary must provide documents on the property owned by the testator.

For example, when inheriting a car, you need to prepare a title, a certificate and a purchase and sale agreement, and when inheriting an apartment - a BTI passport, an extract from the Unified State Register, a certificate and an agreement for the purchase of real estate (purchase and sale, donation, exchange).

Remember: it is impossible to inherit property that did not belong to the testator during his lifetime. In a will, the latter is legally obligated to distribute only his personal possessions in respect of which the testator has established ownership rights.

Only legally capable adult heirs can deal with registration of inheritance under a will, preparation of documents and writing of statements. According to the law, disabled persons cannot independently carry out any transactions, including accepting an inheritance. Instead, this should be done by official representatives of the incapacitated person with the consent of the guardianship and trusteeship authorities.

Deadlines for registering rights under a will

The inheritance case is considered at the notary's office within six months from the date of death of the testator. At this moment, the notary is obliged to check the submitted documents, applications, and also determine the amount of tax upon entry.

When accepting an inheritance under a will, parents, children, spouses, brothers or sisters, and grandparents must pay a state fee in the amount of 0.3% of the estimated value of the inheritance. All other applicants must pay a tax of 0.6%.

Successors who are heirs under the will and at the time of the death of the testator lived in the same territory with him or had common property do not need to pay the state fee for issuing a certificate of the right to inheritance.

When transferring accession rights to another category of successors, the time frame for registering an inheritance may be increased by an additional three months.

What if the documents for the inheritance under the will were not provided to the notary within the period established by law? In such a situation, the rights of entry can be restored in several ways: by agreement with other successors, through the court, or by establishing the actual acceptance of the inheritance.

What to do after registration?

After the inheritance case is closed, the notary will issue a certificate of inheritance rights for each applicant. This document confirms the citizen’s legal rights to dispose of the received property.

The procedure for entering into inheritance under a will provides for the last step - state registration of the successor's property rights in relation to the received property. With a certificate of inheritance and property documents, candidates can apply to government authorities to register the inheritance in their name.

Real estate registration is carried out at the MFC within 30 days from the date of application. You can register a car within 10 days at the traffic police department. Other forms of property are registered with other relevant authorities.

Couldn't find the answer to your question or are you having difficulty registering an inheritance? Get a free consultation from a professional lawyer on inheritance matters right now: write your request and we will provide you with free legal assistance.

How much does it cost to inherit under a will?

When entering into an inheritance, the heirs of the deceased incur certain costs (payment of state fees, preparation of necessary documents, payment of notary services).

What is included in the cost of inheritance?

Expenditure	Explanations
Notary Services	The inheritance procedure begins with a notary. According to the application submitted by the heir, the notary begins inheritance actions
3. Valuation of inherited property	payment for the services of a licensed appraisal organization/independent appraiser. To determine the value of the property, to calculate the amount of state duty, the heir must pay for issuing a certificate of inheritance.
State fee for issuing a certificate	the amount of the state duty is determined based on the value of the property depending on the relationship between the testator and the heir
State fee for registration of property rights	Not all inherited property needs to be registered. Some types of property are subject to registration - real estate, land, transport

Cost of notary services

The heir, with a statement of intention to enter into an inheritance, turns to a notary.

The following documents are attached to the application:

1. death certificate of a relative,
2. extract from the place of registration (residence) - certificate from the passport office, house register data,
3. identification document (passport),
4. document confirming relationship (birth certificate, marriage certificate).

• Additional documents:
• – death certificate of the wife, if the relative was a widower,
• – preferential documents (certificate of disability, pension certificate) to receive benefits when paying state fees for notary services.
• An approximate list of the cost of notary services (the same in all notary offices):
• – for certification of the will of the deceased – 100 rubles,
• – for certification of the deceased’s order to cancel the will – 500 rubles,
• – for opening the envelope with the will – 300 rubles,
• – for certification of an application for entry into inheritance and issuance of a certificate of right to inheritance – 100 rubles,
• – for certification of refusal to enter into inheritance – 500 rubles,
• – for issuing original documents – 100 rubles,
• – for a request to a notary – 50 rubles.
• Read also the article ⇒ Entering into inheritance after death without a will.

Property value assessment:

1. – real estate objects,
2. - Vehicle,
3. - valuable papers,
4. – shares in the authorized capital of the LLC,
5. – copyright
6. – other property.

7. Cost of real estate and land
8. It is determined by government agencies and territorial divisions that keep records of real estate and land plots (Rosreestr) or non-governmental organizations that have a license to assess the value of real estate and land plots.
9. Cost of vehicle and other property
10. It is determined by the state forensic institution, appraisal organizations that are licensed to assess the value of property.
11. The heir has the right to independently choose the valuation of the inherited property from any appraisal organization; the notary must accept his choice.

The heir, having applied for an assessment of the value of the property, will receive a document on the market or cadastral value. If these indicators differ, then smaller indicators of the value of the property are taken to calculate the state duty.

The assessment must be made as of the date of death of the property owner.

State fee for issuing a certificate by a notary

The heir must pay a state fee to obtain a certificate of inheritance.

The amount of the state duty is determined based on the value of the property; the family relationship between the deceased and the heir also matters.

– 0.3% of the value of the property , but not more than 100,000 rubles. - the amount of duty for heirs of the first and second priority. The maximum amount of state duty cannot exceed

– 0.6% of the value of the property , but not more than 1,000,000 rubles. - the amount of duty for the remaining heirs.

Consequently, the greater the value of the property, the more expensive the state duty. Distant relatives or strangers (heirs under a will) will pay twice as much as close relatives of the deceased.

• Some heirs may take advantage of a benefit or complete exemption from paying state fees.
• The following are exempt from paying the state fee for issuing a certificate of inheritance:
• – heirs of the property in which they lived with the deceased before and after the death of the testator,
• – heirs of property that belonged to those who died while performing state or public duties, civic duty,
• – heirs of bank deposits, pensions, wages, funds in accounts, insurance payments.

Minors and incapacitated heirs are also exempt from paying state fees. Disabled people of the first and second groups pay only half the cost of notary services.

Read also the article ⇒ Validity of a will: grounds for the invalidity of a will.

State fee for registration of property rights

The heir, having received certificates of inheritance, must go to the state registration authorities (Rosreestr) to enter information about ownership. For state registration of ownership of real estate, heirs are charged a state duty in the amount of 1,000 rubles. up to 2,000 rubles, per vehicle – 850 rubles. or 2,850 rub. (when changing numbers).