How much does it cost to renounce an inheritance from a notary, state fee

How much it costs to renounce an inheritance from a notary is indicated in Article 333.24 of the Tax Code of the Russian Federation. The amount is fixed, its size is 100 rubles. The refusal is issued in the form of an application, which the heir must submit to a notary to certify the applicant’s signature. You will also have to pay, in addition to the state duty, the work of the legal entity. Usually the price ranges from 300 to 500 rubles.

Total cost of abandoning inheritance

In Russia, the cost of registration may vary depending on the region, but the fixed amount is the same everywhere. For refusal of inheritance in favor of another heir, the price from the notary will be the same.

How much does it cost to renounce an inheritance from a notary, state fee

The cost of refusing an inheritance from a notary in 2018 usually does not exceed 1,000 rubles.

This takes into account the fact that this amount combines all possible payments for the service.

Of course, if a citizen fills out the application correctly on his own and does not use the help of a lawyer, then the cost may be less.

Ideally , all registration will cost only 100 rubles . However, the majority of citizens of our country are not legally savvy and turn to professionals for help.

The procedure for renouncing an inheritance is very simple. You only need to correctly draw up an application using a standard template and express your desire regarding the future fate of the property. You won’t be able to save money by trying to choose a notary office; renunciation of the right to property is the competence of the district notary for inheritance matters.

Important! Each case when registering a refusal of inheritance is purely individual and the cost may vary.

Other payments

Before you formalize a waiver of inheritance, you need to find out the prices for related services.

Payment is charged for the following work performed by a notary:

  1. conducting consultations;
  2. assistance in preparing and filling out the application;
    drawing up a power of attorney;
  3. answers to various requests;
  4. verification of documents.

The exact cost will depend on the list of services that the notary will provide to a particular heir. Many citizens refuse to receive consultations. The price also depends on the price list of the selected notary office.

Benefits when paying state duty

Not all citizens must pay for notary services.

How much does it cost to renounce an inheritance from a notary, state fee

The following categories of people are exempt from state duty:

  • citizens of the Russian Federation who have the high title of Hero of the Soviet Union and the Russian Federation;
  • Knights of the Order of Glory;
  • WWII veterans and persons equivalent to them;
  • disabled people with group 1 or 2 pay 50% of the total state fee.

These are all cases in which either the state duty is not paid or its cost is reduced by half. The entire procedure for exempting persons from paying fees is described in the Tax Code of the Russian Federation.

What determines the size of the state duty?

The successor will not be able to renounce the inheritance completely free of charge if he does not fall into the preferential category of citizens. This procedure is notarial and, just like accepting an inheritance, it involves paying a state fee. This rule is enshrined in the legislation of the Russian Federation.

But calculating the amount of the amount differs from a similar procedure during the acceptance of an inheritance, where the amount of state duty is determined after assessing the property transferred to the successor. In such a situation, it is also necessary to pay for the work of the appraiser.

Waiver of inheritance from a notary has a fixed cost.

The cost of renunciation is not affected by the volume of the inheritance that the citizen has decided to renounce. The amount of the state duty is not affected in any way by:

  • the degree of relationship of the heir to his testator.
  • the amount of inherited property rights.

In this regard, it makes no difference how much the inheritance costs. Even if its total price is millions, you will not have to pay an astronomical amount to register the abandonment of the property. The cost of the application will be 100 rubles plus other services provided by the notary.

When to pay

The cost of renouncing an inheritance from a notary in 2018 is low, but you need to pay the fee before you decide to file an application. To do this, you will need to use the details provided by the notary office.

Payment can be made either in cash or by bank transfer. The received receipt indicating payment of the state duty must be attached to the application for refusal without fail. Without it, the notary's office will not review documents.

Important! If the renunciation of property is executed through a proxy and not in person, the cost of the document will be 200 rubles.

Is it possible to refuse an inheritance before death during the life of the testator?

It is not possible to renounce the right to inheritance while the testator is alive. This cannot be done.

All actions related to the property can only be carried out after he dies or this is announced by the court. Until this moment, the subject of renunciation simply does not exist.

The cost of refusing an inheritance in the regions and in Moscow

The price for renouncing an inheritance varies in different regions of the Russian Federation.

How much does it cost to renounce an inheritance from a notary, state fee

This does not apply to the fixed amount of 100 rubles, according to Article 333.24 of the Tax Code of the Russian Federation, for filing an application. For example, in the Voronezh region, in addition to the tariff established by law, you need to pay 600 rubles for legal and technical work at a notary office. The total registration fee will be 700 rubles.

In the Moscow region, the price of services is 800 rubles and payment of a fixed price is 100 rubles, for a total of 900 rubles. How much it costs to renounce an inheritance from a notary in 2018 in a certain region of the Russian Federation must be clarified directly at the office at the place of residence of the deceased relative.

Is it possible not to pay at all when abandoning property?

Every citizen has the opportunity not to assume any property rights of the testator.

It is not necessary to formalize the refusal by a notary. To do this, it is required not to enter into an inheritance officially during the time allotted for this by law - 6 months. Then you won’t have to pay anything and such a decision will not have negative consequences. This renunciation is called indirect and it is impossible if the heir has already entered into the inheritance.

Before you make a decision and sign a statement of renunciation of inherited property, you should think carefully about whether it is really worth doing it or not. After the procedure is carried out by a notary, the refusal is recorded in the book of inheritance affairs. The law does not have retroactive force.

If a citizen wants to challenge the decision and declare it invalid, then this can only be done through the court. Cancellation of the legal force of a statement of abandonment of property is possible when the transaction is declared invalid. This is possible if a person signed it under the threat of violence, fraudulent actions, delusion, or being in an insane state.

Therefore, it is necessary to seek advice from a notary. Its cost is not high, but the benefits are great. The price for the service is fixed, but for other work performed by a notary, payment varies depending on the region of residence.

The cost of renouncing an inheritance from a notary - how much does the application cost?

How much does it cost to renounce an inheritance from a notary, state fee

The cost of refusing an inheritance from a notary is significantly small, but this legal procedure is very important. After difficult events associated with the loss of a loved one, his family and friends will have to solve the difficult task of dividing the property left behind by the deceased. This process can take place in different ways - from calm discussion to heated debate. Quite often, heirs come to a decision according to which all the property or most of it goes to one person. This often happens when the standard of living of relatives differs significantly. It happens that the amount of debt exceeds the value of the property itself. Such a decision can also be made if the object is in a condition where its restoration is not economically profitable.

Rules for renunciation of inheritance

Every citizen has the right not only to receive his share of values, but also to refuse it. No property can be forced upon him. The legislation of the Russian Federation provides for passive or notarial renunciation of inheritance.

What does it mean?

In the first case, the legal heir simply does not take any action. He does not arrive at the notary office at the place where the case was opened, and does not present his rights to the valuables in writing.

Six months after the death of the testator, he is automatically excluded from the lists of applicants for the material benefits of the deceased. After this, restoration of rights to inheritance is possible only in court.

If the plaintiff manages to prove that the reasons for his inaction were valid, then the case can be reopened, with a complete review.

Note: Notarized renunciation of inheritance is a procedure that is clearly specified in the Civil Code of the Russian Federation. It presupposes a citizen’s voluntary and unconditional renunciation of the values ​​due to him.

The alienation of property can be carried out unconditionally in favor of one person or group of persons. The notary formalizes the refusal in writing. Once a document is registered, it does not have retroactive effect.

Exceptions are those cases when there were obvious violations during the preparation and signing of papers. These include factors such as intimidation, deception, or misleading the heir.

It is possible to terminate a transaction if the person who participated in it was in an inadequate condition.

How much does it cost to renounce an inheritance from a notary, state fee

The cost of renunciation of inheritance is determined before submitting the application to the notary. You can submit it in person, through an authorized representative or by mail. The representative must have a power of attorney that confirms his authority. The postal item must be certified in the prescribed manner.

Regardless of the delivery method, the lawyer registers the refusal of the inheritance in his accounting forms. In cases where minors are involved in the transaction, their parents are given the right to sign. Although, there are practically no such examples in judicial practice.

You can refuse only for the benefit of the children, but not to their detriment.

All operations to alienate the described property must be carried out within 6 months from the date the testator was declared dead. After this, the successor will be deprived of the right to dispose of the assigned property. The chance to do a good deed will be irretrievably lost.

For whose benefit is the property taken away?

Even a generous gesture must be done within the bounds of the law. The notary will accept and register the refusal of inheritance only if all the rules for drawing up such documents are followed.

First of all, it is necessary to explain why this procedure is necessary. The notary needs to renounce the property in order to redistribute the inheritance according to the circumstances that have emerged. Self-removal of the heir from participation in the property process may lead to the fact that the case will have to be reopened.

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This happens when the court decides to restore the inheritance term. The remaining parties to the transaction need confidence in the future and stability in order to begin managing the assigned property in full. In order to avoid possible problems, it is advisable for them to obtain a copy of the refusal of inheritance from a notary.

This paper may come in handy if litigation arises.

Repossession of property is possible in the following ways:

  1. Without specifying a specific addressee. The testator writes that he voluntarily renounces his share of material wealth. In this case, they are distributed evenly among the main heirs.
  2. In favor of a specific person. There are some nuances here. A person can sign over his share of property only to those persons who are specified in the will. If there is no such document, then it is necessary to indicate one of the legal heirs.
  3. Distribution among several persons. The amount of material wealth is determined solely by the will of the one who commits the alienation of his property. If not everything is written down, then the remaining part is divided proportionally between all parties to the transaction.

In some cases, the notary refuses the right to inheritance. The lawyer makes this decision based on the court decision. The reason may be the behavior of the heir, which is expressed in disrespect for the testator or the creation of conditions that threaten his life.

What is not allowed?

How much does it cost to renounce an inheritance from a notary, state fee

The implementation of such a legal procedure as renunciation of a share of the inheritance is within certain legal frameworks. You need to know them in order for the notary to formalize the refusal of inheritance the first time.

When the material benefits of the testator are rejected, it is not allowed:

  • set any conditions for other participants in the process;
  • renunciation of only part of the values ​​due (all or nothing);
  • appointment of an addressee from among individuals and legal entities who do not appear in the will or in the list of relatives;
  • indicate reservations and deadlines in the application;
  • refer to pressure from relatives or third parties;
  • mention in the text the requirements for the actions of the remaining heirs;
  • insist on similar actions on the part of other participants in the legal act.

If the removal procedure was carried out correctly, then the property completely passes to the addressee. A preliminary agreement between all parties to the transaction is allowed. The result is an agreement on the division of material wealth. On its basis, inheritance certificates are issued. With them you can begin the standard procedure for registering valuables as personal property.

Price issue

Many potential successors are interested in the well-founded question of how much it costs to refuse an inheritance from a notary. This is a legal procedure that has its cost.

The specific form of the document has not been determined. But, there is a certain list of information that must be presented in the text. It is better to draw up the document in the presence of a lawyer.

This will help avoid inevitable mistakes.

The final payment amount consists of the following components:

  1. Application form. This paper costs a purely symbolic 100-200 rubles.
  2. Lawyer's work. It includes consultation, checking documents and writing text. This service will cost around 500 rubles.

These are mandatory events. If necessary, you can get a paid consultation on how to dispose of the deregistered valuables.

Thus, for a small fee you can officially re-register your part of the inheritance. This is a legal action that can make your relatives richer and happier.

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How much does it cost to renounce an inheritance from a notary, state fee

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How much does it cost to renounce an inheritance from a notary, state fee

As you know, when entering into an inheritance, a state fee is paid, the amount of which depends on the total value of the inherited property and on the family ties of the testator with the heirs.

Is it necessary to pay a state fee if the heir refuses the inheritance? After all, he does not acquire ownership of the inherited property?

State duty for registration of refusal of inheritance

Question.

Good afternoon. After the death of the mother, an inheritance was opened - a house and land in a village in the Moscow region. I am one of three heirs by law. Besides me, the heirs are a brother who lives in the same village, and a sister who, like me, lives in Moscow. My sister and I agreed to renounce the inheritance in favor of our brother. Will we have to pay a state fee for refusal and what is its amount?

Answer.

Yes. Registration of refusal of inheritance is a notarial action for which the law provides for a state fee. But, unlike the acceptance of an inheritance, the state duty is not calculated on the basis of the estimated value of the inherited property. A represents a fixed amount. Moreover, a rather modest amount.

Refusal of inheritance is formalized in the form of an application that the heir submits to a notary. The notary certifies the authenticity of the heir's signature on this application .

According to the Tax Code of the Russian Federation (clause 21 of Article 333.24), for certification of the authenticity of signatures on applications, if such certification is required by law (and it is required! Otherwise, the refusal of inheritance will be invalid) - the state duty is 100 rubles.

If the heir cannot contact the notary in person, he can issue a power of attorney. Then a trusted person will contact the notary instead. Of course, with a statement from the heir, signed and notarized .

According to paragraph 1 of Art. 333.24 of the Tax Code of the Russian Federation, for certification of a power of attorney for concluding transactions that require a notarial form in accordance with the law of the Russian Federation (and refusal of inheritance is just such a transaction), a state duty of 200 rubles is charged.

In addition to the state fee, the notary charges a fee for technical and legal work : consulting, checking documents, preparing the text of an application or power of attorney, requests. The exact amount of this fee depends on the notary office or notary district - within 300-500 rubles.

It is not allowed for a notary to impose unnecessary, unnecessary notarial services.

Exemption from payment of state duty

Question

After the death of my father, an inheritance was opened - the apartment in which our family lives. The heirs include my mother, brother and me. My brother and I decided to give up our share of the inheritance in favor of our mother. I heard that if we are talking about inheriting a home in which the heir lives, he is exempt from paying state fees. Do my brother and I need to pay a state fee for refusal?

Answer

There is indeed a provision in the Tax legislation according to which heirs are exempt from paying state duty if they inherit housing in which they lived before and after the death of the testator.

But this provision applies only when entering into an inheritance, and not when refusing it.

are exempt from paying state fees for notarial acts :

  • Heroes of the Soviet Union and the Russian Federation, holders of the Order of Glory;
  • disabled people and participants of the Great Patriotic War;
  • disabled people of groups I and II – pay only 50% of the state fee for notarial acts.

How much does it cost to renounce an inheritance from a notary?

In what cases is a refusal of inheritance formalized, what are the ways of rejecting property, and how much does it cost to refuse an inheritance from a notary? In our article you will find answers to all these questions.

When is a refusal of inheritance formalized?

The division of property after the loss of relatives is a morally difficult, but necessary task, for which, according to the law, only 6 months are given from the date of death of the testator.

In some cases, heirs decide to waive their rights to inheritance, especially if this turns out to be economically unprofitable. For example, if the total value of the inheritance is so small that it cannot even cover all the debts of the deceased relative. But what is the correct way to refuse inheritance in such cases?

How much does it cost to renounce an inheritance from a notary, state fee

Ways to refuse inheritance

There are two ways to refuse an inheritance:

  • Passive
    In this case, the heir takes absolutely no action.
    Within 6 months after the death of a relative, he does not appear before a notary and does not present his rights to the inherited property. After six months, he will be automatically excluded from the list of applicants for the inheritance, even if he was an heir not only by will, but also by law. Those who formalize the refusal in a passive way have the right to restore their inheritance rights through the court, even after a long period of time. This does not happen often, however, it is quite possible to restore your inheritance rights later by court decision. This method of refusal is therefore unsafe for other heirs who accepted the inheritance within the period and procedure established by law, since all certificates of inheritance rights received and paid for by them can subsequently be canceled on the basis of a court decision.
  • Notarial
    The procedure for notarial refusal of inheritance is regulated by the Civil Code of the Russian Federation.
    According to the law, a citizen has the right to voluntarily and unconditionally renounce all valuables that are due to him as an heir. A citizen has the right to renounce inherited property (movable and/or immovable) in favor of one person or group of persons. In this case, the refusal is made in writing and does not have retroactive effect. In addition, a refusal cannot always be directed in someone’s specific favor; for example, it is impossible to refuse an inheritance indicating the person whose share in the inheritance will increase due to such a refusal, if the heir who expressed the refusal inherits under a will drawn up for all the property.

The refusal must be executed no later than within 6 months from the date of death of the testator.

The following types of refusal of inheritance are distinguished:

When refusing an inheritance, a citizen must, first of all, decide in favor of whom he will make such a refusal. In notarial and legal practice there are three main methods:

  • Without specifying a beneficiary
    In this case, the share of the refused heir will be distributed in equal parts among the remaining claimants to the inheritance who have grounds for doing so.
  • In favor of a specific person
    , the heir who executes the refusal has the right to transfer his share of the inheritance to one of the heirs who have the right to inherit both by will and by law, with some exceptions described above. If there is no will, then the refusal can be issued in favor of one of the legal heirs.
  • Distribution of inheritance among several persons
    The heir who formalizes the refusal may renounce the property in favor not of the entire circle of remaining heirs, but only of several specific persons.
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How much does it cost to notarize a waiver?

The cost of the service for registering a refusal of inheritance consists of two main components:

  1. Notary fee for witnessing a signature by a notary. The size of such a tariff is equal to the amount of the state duty established for performing such a notarial act by state notaries, and is 100 rubles.
  2. Additional notarial services, which include consultation with a notary, verification of documents, preparation of an application. The price for legal and technical work in our notary office is 1000 rubles.

For detailed advice on the issue of formalizing a refusal of inheritance, as well as to make an appointment with a notary, call +7 499 670-19-00. We will help you draft the document correctly and give it the necessary legal force.

Notarial action Tariff according to NK P&T services
Agreement on determining shares in an inheritance case 500 rub. 11,000 rub.
Agreement for determining shares in other cases 500 rub. 11,000 rub.
  • Statement
  • · about acceptance, issuance of inheritance
  • · refusal to accept inheritance
300 rub. RUB 2,600
Issuance of certificates of the right to inheritance by law and by will:
children, spouse, parents, brothers and sisters 0.3% of the value of inherited property, but not more than 100,000 rubles. See paragraph 37 below
other heirs 0.6% of the value of inherited property, but not more than 1,000,000 rubles. See paragraph 37 below
certificates issued to persons specified in paragraphs. 11,12 art. 333.35 of the Tax Code of the Russian Federation as well as for the property specified in paragraphs. 5,6,7,13 art. 333.38 Tax Code of the Russian Federation Exempted 100% based on paragraphs. 11, 12 art. 333.35 Tax Code of the Russian Federation, pp. 5,6,7,13 art. 333.38 Tax Code of the Russian Federation See paragraph 37 below
for lost pensions, benefits See paragraph 37 above 500 rub.
for cash deposits, funds in bank accounts, rights to closed accounts Not charged 1000 rub.
- with a deposit amount of up to 100,000 rubles. 2,500 rub. — over 100,000
for real estate (for each object) See paragraph 37 above 6,000 rub. for 1 object
for other property (for each object), as well as for an inheritance opened abroad See paragraph 37 above 3,000 rub. for 1 object
Certificate for the share of the surviving spouse
For real estate (for 1 object) 200 rub. 6,000 rub. (for each object)
For other property (for 1 object) 200 rub. 4,000 rub. (for each object)
Taking measures to protect the inheritance, incl. inventory 600 rub. 3,000 rub. (for one hour of work) Travel to the place where the inventory is compiled is paid separately
Agreement on division of inherited property 0.5 percent of the contract amount, but not less than 300 rubles. and no more than 20,000 rubles. 7,000 rub. for each subsequent, starting from the 3rd subject of the contract - plus 1,000 rubles, but not more than 13,000 rubles.
Requests to various institutions and organizations, individuals, including when registering inheritance rights (except for requests to notaries) No No
In the center of Moscow Online registration Free parking Translation agency Various forms of payment

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How much does it cost to renounce an inheritance from a notary in 2023?

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Some heirs accept the property, others renounce their rights. The reasons for such decisions are different. Most often, citizens give up property because of debts. Successors are afraid to contact the testator's creditors. When submitting an application to a notary, legal successors will expect certain expenses. Let's consider how much it costs to refuse an inheritance from a notary.

Ways to refuse inheritance

Acceptance of the property of a deceased citizen is a right, not an obligation, of each applicant. Under certain circumstances, citizens have the right to refuse identified property. It is not necessary to explain the reasons for refusal.

Methods of refusal:

  1. Default. The period for submitting documents to a notary is 6 months . Missing a deadline results in loss of property rights. Its restoration occurs by court decision or with the written consent of the remaining participants. Most often, citizens have to go to court. Reinstatement of the term occurs if there are compelling reasons - long-term illness, being at sea, a foreign business trip, serving a prison sentence. Lack of evidence that the reason for missing the deadline is valid is grounds for refusing to satisfy the claim. Consequently, the banal inaction of the assignee is a refusal of the property by default. Under such circumstances, there is no point in going to court.
  2. By submitting an application (notary). The option implies an active position of the applicant. It is usually relevant when there are outstanding obligations. Creditors can present their claims to the heirs within 3 years. The rule also applies to actual legal successors. To close the issue of acceptance/rejection of property, it is finally necessary to visit a notary. Documents are submitted at the place of registration of the deceased citizen. If it is unknown, then you can visit a notary at the location of the testator’s real estate. The waiver application must be submitted within 6 months. After this period, the notary will not accept the paper. As for 2nd–3rd line , they submit documents 6 months after the death of the copyright holder.

Reasons for refusal

The law does not oblige citizens to disclose the reasons for their decisions. However, it is necessary to consider the main factors that lead to refusal of inheritance. Sometimes claimants lose property due to unfounded fears or lack of alternative solutions to the problem.

Common reasons for failure

No. ReasonComments
1 Territorial remoteness For example, the heir lives in another city or region. After all, you don’t always have the time and opportunity to travel to another region and deal with paperwork. You can solve the problem in different ways - attract a trusted person, by transferring papers by mail, through the MFC. To register an inheritance through a proxy, you will need a notarized power of attorney. If you send documents by mail, you must attach a notarized document confirming the signature of the legal successor.
2 Reluctance to spoil relationships with relatives The moral and legal sides of the issue have nothing in common with each other. However, each person makes the final decision independently. At the same time, the law provides for the possibility of concluding an agreement on the division of inheritance. The agreement allows not only to avoid conflict with family members of the testator, but also to receive monetary compensation for the value of the inherited share.
3 Outstanding debt obligations Similar problems usually arise with a mortgage or car loan. Not all heirs are ready to contact creditors or collectors. However, sometimes accepting such property is quite profitable. For example, if the testator regularly repaid the loan for several years. The heir can accept the property and draw up a loan agreement for himself. Then enter into a monthly payment schedule and calmly repay the loan. If your income does not allow you to pay the mortgage, you can find a buyer and sell the property. Part of the proceeds will be used to repay the loan, and you can take the rest for yourself. The only condition is that the lender's consent to the transaction is required.
4 Transfer of property to another applicant The law allows for the abandonment of property in favor of one of the legal successors called to inherit. However, there are some nuances here.
5 A lack of money When preparing documents, citizens expect significant expenses. This includes the state fee for issuing a certificate, the services of an appraiser and notary, engaging a lawyer to participate in a court hearing, and a fee for registering property rights. If a person does not belong to the preferential category of citizens, then sometimes giving up property is the only way to solve the problem.
6 Low property value Sometimes the inheritance includes minor items or household items. For example, if on the eve of death a person drew up a deed of gift and transferred the apartment to one of his relatives. Refusal of illiquid property is quite natural.

Partial renunciation of inheritance

Acceptance of property or refusal of it can only be absolute. The assignee cannot accept part of the property and refuse the other half. For example, if the estate includes a credit car or mortgaged housing.

However, the law has a caveat. If the applicant is entitled to property on 2 different grounds , then he has the right to accept the inheritance on one of them. Consequently, he has the right to refuse the remainder of the property. Under such circumstances, we can talk about partial acceptance of the inheritance.

However, renunciation of part of the inheritance does not provide for the possibility of renunciation of debts. The share of debt obligations, proportional to the share of the accepted property, remains with the recipient anyway.

Example. The testator made a will for his daughter. The man allocated her an apartment from the common property. However, there was a condition in the will. The heiress had to provide the testator's partner with a room for lifelong residence.

Another contender was the son of the testator, who lived in another region. The heiress was faced with a choice - to accept the inheritance under the will and be the sole owner of the apartment or to take legal rights and lose half of the property.

Due to tense relations with her father's partner, the girl refused to enter into inheritance rights under the will. She declared her rights under the law. The son also applied. The inheritance was divided equally among the legal successors.

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The will of the testator regarding the cohabitant remained unfulfilled.

Refusal in favor of another heir

There are 2 types of notarized renunciation of property:

  1. Absolute . In this case, an unconditional renunciation of the property is implied. The released share is redistributed among the remaining legal successors. An absolute refusal is also possible in relation to the obligatory share.
  2. Address. The option involves the targeted transfer of property. The heir has the right to submit an application in favor of a specific applicant from among the persons called to inherit. As for the obligatory share, it is not transferable to a specific heir.

The law also establishes a ban on testamentary refusal. The legatee cannot transfer the property assigned to him or the right to it to other persons (Article 1160 of the Civil Code of the Russian Federation). Refusal of the benefits due to him can only be absolute.

If the refusal application is submitted by a representative of the heir, then the corresponding powers must be specified in the power of attorney.

Expenses upon refusal of inheritance

One of the key issues when registering a waiver of inheritance is the amount of expenses. Of course, if you compare the costs with entering into an inheritance, then the amounts will be significantly smaller.

When submitting a rejected application, the heirs will have to pay a state fee of 100 rubles. (Article 333.24 of the Tax Code of the Russian Federation). If the notarial act is performed outside the office, then the rate increases by 1.5 times.

If the heir acts through a representative, then you will additionally need to pay for the execution of a power of attorney.

Preferences when performing legal actions are given to disabled people of groups 1–2 . Such citizens can count on a 50% relaxation .

There is only one way to avoid paying state duty - to abandon the property by default.

When refusal is not allowed

The law excludes the possibility of refusal:

  1. From the obligatory part in favor of one of the legal successors. The waiver is purely absolute.
  2. From escheatable property. If none of the relatives applied for acceptance of the inheritance or the applicants refused the property, then it is recognized as escheat. Unaccepted property goes to the state. Consequences of refusing an inheritance

After filing a refusal application, the heir is deprived of rights in relation to the abandoned property. The applicant cannot withdraw or change the application.

To avoid misunderstandings, on the eve of signing the document, the notary explains to citizens the possible consequences. And only after making sure that the decision is thoughtful and irrevocable, he gives the application to the applicant for signature.

Of course, the successor is not deprived of the right to subsequently challenge the document in court. However, courts quite often refuse to invalidate citizens’ refusal applications.

The claim satisfaction rate is extremely low. It is possible to win in court if a person is misled regarding the notarial act being performed or because of pressure exerted on the heir.

How much does it cost to renounce an inheritance from a notary, state fee

Compared to registering an inheritance, abandoning it costs much less. However, given the lack of economic interest in the event of abandonment of property, even minimal expenses discourage the desire to contact a notary.

If the application is targeted, then the costs can be transferred to the beneficiary. In order to soberly assess the situation and figure out whether it is necessary to write a statement of refusal of inheritance, it is advisable to consult a lawyer.

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How much does it cost to renounce an inheritance from a notary and the procedure

Receiving an inheritance does not always promise positive emotions. Sometimes property rights can become a disaster for heirs. For example, this can happen if, instead of property, the deceased left only debts.

However, the heir always retains the right to accept or refuse the inheritance due to him. It should be remembered that you will also need funds to formalize the refusal.

This procedure belongs to the class of notarial actions that involve the payment of state fees.

How much does it cost to renounce an inheritance from a notary - the amount of the state fee

It will not be possible to formalize a refusal to accept an inheritance from a notary completely free of charge. This is a notarial procedure, just like the acceptance of an inheritance. It involves paying a state fee. This need is regulated by law.

However, unlike the acceptance procedure, the amount of payment is calculated using a different system.

When a person accepts an inheritance, he needs to pay a fee, the amount of which is determined by the total value of the property transferred to the heir. For this reason, the calculation of payments is preceded by the work of the appraiser.

He requires an assessment of real estate for inheritance included in the estate, and an assessment of property for inheritance.

The refusal fee is fixed. It is not determined by the volume of the hereditary mass that a person refuses. Payment is charged specifically for drawing up an application for refusal. It amounts to 100 rubles.

The amount of the duty does not depend on:

  • the degree of kinship between the heir and the testator;
  • the size of inherited property rights.

Therefore, even if the abandoned inheritance estate amounts to millions, the heir does not have to worry that he will have to give up his fortune to formalize his will.

Other payments

How much does it cost to renounce an inheritance from a notary? When calculating the total cost, additional payments must be taken into account. Some of them will be relevant only in special cases.

For example, sometimes a person is not able to contact a notary’s office in person for valid reasons. In such a situation, the statement can be submitted to the notary by a trusted person. To do this, he will need a power of attorney, notarized.

The cost of certification, according to paragraph 1 of Article 333.24 of the Tax Code, is 200 rubles.

Payment may be charged for a list of works performed by a notary:

  • Consultations;
  • Assistance in preparing an application;
  • Drawing up a power of attorney;
  • Answers to inquiries;
  • Checking the provided documentation.

In total, the amount of payment for such work will be approximately 300-500 rubles. The exact cost is determined:

  • a list of services that the heir wishes to receive (for example, many may refuse consultations);
  • price list of a specific notary office.

A person should remember that a notary does not have the right to impose additional paid services that are not necessary in a given situation. The possibility of using them can only be determined by the heir himself.

Is it possible to obtain a duty exemption?

Some persons have the right to refuse inheritance from a notary without making additional payments. The list of these persons is determined by the Tax Code.

According to its provisions, persons who register housing in which they lived before the death of the testator may be exempt from payment. However, this rule applies only to cases of acceptance of property.

It will not be possible to give up the apartment without making payments under this provision.

There is a group of persons who may not pay the fee as part of the performance of notarial actions, which include renunciation of inheritance. It includes:

  • Heroes of the USSR and the Russian Federation;
  • Knights of the Order of Glory;
  • Persons participating in the Second World War.

These persons are completely exempt from the need to make payments. However, there are also citizens who can achieve a significant discount when paying state fees.

These include people who have received the first and second disability groups. They pay only 50% of the standard duty. That is, you will have to pay 50 rubles instead of a hundred.

Such a discount is provided only to those persons who have presented a certificate of their disability to a notary.

Is it possible to issue a waiver and not pay at all?

In order not to assume the property rights of the deceased, it is not necessary to formalize a waiver. It is enough simply not to enter into the rights of an heir. In this case, you will not have to pay anything, and this decision does not have any negative consequences.

The fee must be paid before filing an application for refusal.

total cost

How much does it cost to renounce an inheritance from a notary? If you combine all payments, the total cost will be about 1,000 rubles. A person can definitely meet this amount. If he does not resort to additional consultations, he will draw up an application himself, the procedure will cost only 100 rubles.

It must be said that you can save money on additional services. The refusal procedure, if it is not complicated by numerous nuances, is extremely simple. It is enough to draw up an application in a standard form and express in it your will regarding the fate of the property.

It will not be possible to save money when choosing a notary office, since the waiver of property rights is formalized by the district notary for inheritance cases, who opened the inheritance case. But this is an insignificant omission, since the cost of services from different offices varies very little.

When do you need to pay?

The fee must be paid before submitting the application. For this purpose, details are used that can be obtained from a notary’s office. A receipt for payment is attached to the application for refusal. It is required. If you do not submit a receipt to the office, no one will consider the application.

Additional information about the procedure for refusing an inheritance and one of the cases when it is better for an heir to formalize a refusal, in this video:

Even if a person refuses to claim the inheritance, he will have to formalize a waiver of it. This event is a notarial act and is subject to payment. However, the amount of the fee is symbolic, and therefore it will not become an invoice for the failed heir. Some people are completely exempt from making payments.

For additional information on this issue, please refer to the section “Paid services and assessment in inheritance” by following the link.

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