What to do after receiving a certificate of inheritance

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

The inheritance gives the new owner the right to dispose of the property at his own discretion. On hand there is a document confirming all rights. What to do next when the certificate of inheritance has already been received?

How inheritance works

Property, monetary contribution or valuables can be inherited in several ways:

• by will;
• according to law;
• under an inheritance agreement.

The will, as a personal expression of the will of the donor, takes precedence over other forms of inheritance.

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Upon entering into rights under the law, other heirs can claim inheritance rights. Then litigation is inevitable. The will can also be challenged, but it is more difficult to do this.

In any case, the first question that arises is how to accept the gift (inheritance). This can be done in two ways: in fact or notarially.

To actually accept the inheritance, you need to do the following:

1. Take ownership and control of the object.

2. Pay off debts, if any.
3. Take measures to preserve and protect.
4. Pay bills related to the gift (restoration work, utilities).

After these steps, you can receive a certificate.

For notarization, all issues are resolved at the notary office at the place of residence of the testator (donor).

The second important point in accepting the inheritance will be the question of the timing of accepting the gift.

You need to contact a notary with a statement within six months from the date of opening the inheritance. The notary will issue an inheritance power of attorney.

After the expiration of six months, the inheritance rights are lost.

What does a certificate of inheritance look like?

A notarized document confirms the receipt of the gift according to the law, contains all the information about the details of the inheritance:

• where it was issued, by whom it was issued and when it was received;
• full details of the heir;
• notary's details;
• description of the inheritance;
• data about the donor (testator);
• the legality of the receipt;
• the amount of the state duty.

Without this document, it is impossible to do anything with the inheritance.

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If there are several heirs, the certificate can be issued to each individually or issued in one form for all.

After receiving a certificate of inheritance, you need to register property rights. But first you need to pay for the services of a notary and pay the state fee.

How is the state duty formalized?

Payment to a notary for services of a legal and technical nature is carried out at the established rate. This payment is for the notary's work on paperwork.

In addition, a fee for issuing a document is levied on the citizen (inheritance applicant). The service is considered public. The amount is calculated at the rate of 0.3% of the assessed value of the inheritance for close relatives and 0.6% for the rest.

A number of persons are exempt from paying the fee:

• living together with the testator;
• legally incompetent and underage heirs;
• disabled people;
• if the testator died in the line of duty.

The notary is obliged to explain the amount of the state duty.

Property registration

Depending on the object of inheritance, property documents are drawn up.

When inheriting a weapon

1. You need to contact the police (the appropriate unit) for permission to store or use weapons.
2. Obtain a license to use.
3. Sell if permission has not been obtained.
4. Upon inheritance of a share in a business entity
5. Obtain the consent of the rest of the participants to use.
6. Issue through the Unified State Register.
7. Sell the share, unless the consent of other members of the organization is obtained.

When inheriting a business

1. It is necessary to register property, building, land plot, any tangible assets in Rosreestr.
2. Pay a duty of 0.1% of the assessed value.
3. Continue registration as an individual entrepreneur or legal entity, if required for further use, or sell.

Upon inheritance of a bank deposit

1. Visit a bank branch.
2. Write an application for extradition or renewal.
3. Consider new terms of the contract or terminate.

Upon inheritance of a vehicle

After receiving a certificate of the right to inheritance, you need to re-register the property within 10 days.

A fine of 2 thousand rubles is threatened for failure to comply with the renewal deadline.

What do we have to do:

1. Pay the state fee.
2. Issue OSAGO.
3. Diagnose the car.
4. Pass the inspection.
5. Write a statement to the traffic police (traffic police).

Upon inheritance of real estate

Issue through the Unified State Register of Real Estate.

For clarification, contact the local department of Rosreestr or the multifunctional center. Experts will explain what documents are needed.

You will have to pay a fee for registration.

Outcomes

After receiving a certificate of inheritance, you need to:

1. Register property.
2. Get a title deed.
3. Dispose of the inheritance at your own discretion: give, keep for yourself, sell.