What documents are needed to register and enter into inheritance with a notary?

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The full list of documents required for accepting an inheritance is established on an individual basis in accordance with the third part of the Civil Code of the Russian Federation of November 26, 2001. But there is also a general series of papers, the submission of which is mandatory in all cases of certification of rights to inherited property. You can familiarize yourself with them and the nuances of their presentation below.

Where to go

To accept property, persons specified in the will or counting on this right must appear before the notary at the place of opening of the inheritance, which must coincide with the last place of residence of the deceased. If it cannot be determined or is not located on the territory of the Russian Federation, then the localization of the property values of the testator is taken into account.

If the inheritance is located in different places, the location of its opening will be considered the location of the most expensive (according to estimates based on the average market value) real estate, and in its absence - movable property.

You should contact a notary no later than six months from the date of opening of the inheritance, defined by Article 1114 of the Civil Code of the Russian Federation as the date of the citizen’s death or the issuance of a court ruling announcing this fact.

For heirs who acquire this right only after the refusal of the first-priority applicants, another six months are added to the maximum period for filing an application. And in cases where direct copyright holders ignore the acceptance of property and obligations, persons following them are obliged to declare their claims within nine months from the date of opening of the inheritance.

Dates of issue

According to paragraph 1 of Art. 1163 of the Civil Code of the Russian Federation, a certificate is issued to heirs after the six-month period for entering into inheritance rights has expired. The heir will be able to receive it at any time, but only in the absence of legal disputes within the framework of the inheritance case.

The certificate can also be issued ahead of schedule, but under exceptional circumstances. For example, if there is a court decision on early entry into an inheritance, or the inheritance is carried out according to a will, and the list of persons indicated there has already declared their rights.

According to statistics, in most inheritance cases, a certificate is issued only six months after the death of the testator. This period is necessary so that all heirs have time to declare their inheritance rights.

In some cases, the issuance of a certificate is delayed for some period of time:

If one of the heirs was not born within the established period.
If there is a court decision to suspend the issuance of a certificate for certain reasons.
Litigation is ongoing within the framework of an inheritance case.

This list of reasons, which is prescribed in Art. 1163 of the Civil Code of the Russian Federation is exhaustive and is not subject to an expansive interpretation.

If the six-month deadline for filing an application has expired, the heir loses the right to submit a petition for the issuance of a certificate to a notary. Even if he declares his desire to enter into an inheritance, the notary will legally refuse him.

The heir will have to go to court to restore the missed deadlines. But this will require a valid reason: illness, being outside the Russian Federation, etc.

Application for inheritance

The successor may express a desire to acquire the inherited property by submitting an application. It must be written on paper by hand or typed on a computer and must contain the signature of the applicant. If the application is submitted by the heir not in person, but by mail, his signature under the text is first certified by a notary.

There is also the possibility of accepting an inheritance through a trustee, who will carry out all the necessary actions on the basis of a notarized order of the successor. Such an order (power of attorney) is not required if the parent (guardian) of a minor (incompetent) heir acts as a representative.

When making an application you must indicate:

Full name of the notary and the territory assigned to him, for example, “To the notary of Podolsk, Evgeniy Vasilievich Ivanov.”
The full name and address of the applicant, and, if this is not the heir, the full name and address of the heir, as well as information on the basis on which the representation is carried out (“from Viktor Fedorovich Petrov, guardian of the incapacitated Ekaterina Pavlovna Petrova”).
Purpose of filing an application (for acceptance of inheritance and/or issuance of a certificate of inheritance).
Full name, address, date of death of the testator.
Grounds for the applicant's inheritance.
List of heirs of the current order by law or designated in the will (last name, first name, patronymic, registration address).
A brief description of the inherited property and the principle of its distribution among the successors (if there are orders from the testator or an agreement on the division of property between the heirs themselves).
Other significant circumstances are unborn descendants of the testator, dependents, legal holders of a compulsory share, etc.

Download standard application form

Normative base

All types of relationships between individuals are regulated by the Civil Code of the Russian Federation and many by-laws. Inheritance law in the Civil Code of Russia can be found in Section V, which discusses the general provisions of inheritance (Chapter 61), inheritance by will (Chapter 62), inheritance by law (Chapter 63), acquisition of inheritance (Chapter 64) and inheritance of certain types of property (Chapter 65).

We have already started a series of articles about the procedure for registering and entering into an inheritance. In the current work, we will consider what documents are needed to register an inheritance.

Basic list of required documents

It is impossible to determine an exhaustive list of documents required for registration of inheritance without taking into account the specifics of the case. But there is a basic package of papers that the notary will require from the heirs in any case.

It includes:

Applicant's identity card.
Death certificate of the testator.
Certificate about the place of opening of the inheritance.
A document confirming that the applicant belongs to the current line of inheritance.
Legal acts for inherited property.
Official confirmation of the powers of the successor's representative.
Receipt for payment of state duty.
Report on determining the estimated value of the property being registered.
Documents establishing the benefits of the heir.
Confirmation of the rights of the applicant inheriting on special grounds.

Papers that may be required by the heir in the future are transferred to the notary in the form of copies.

Identification

To establish the identity of the applicant, the following is suitable:

Passport of a citizen of the Russian Federation.
Passport of a military man or sailor.
Passport of a foreign citizen.
Resident card.
Temporary residence permit.

If none of the listed documents is available, the notary may accept another one that clearly allows the identity of the heir to be identified.

Death certificate

A stamp certificate allows you to confirm the death of a person. It is issued by the Civil Registration Authority in response to the request of the applicant, on the basis of a medical certificate of death or a court decision declaring the citizen dead.

This document is the most significant in the succession process. Without it, the notary will not open an inheritance case and will not even provide the applicant with information regarding the existence of a will, since the death of the testator will not be confirmed.

Priority in obtaining a certificate is given to the closest relatives (at the time of death) and family members of the deceased or interested parties (for example, those indicated in his will).

Certificate about the place of opening of the inheritance

The place of opening of the inheritance is the notary district covering the address:

last registration of the now deceased (at place of residence, not stay);
location of real estate (if there is a lot of it and it is geographically scattered, then at the location of its most valuable part);
location of movable property (its most valuable part).

The indicated landmarks are presented in order of their importance - from the most important and further: if the place of residence of the testator cannot be determined, or it is located abroad, the location of the property is taken into account, etc.

To confirm the last address of residence of the testator, a certificate from the authorized unit of the Ministry of Internal Affairs for migration issues (passport office) is presented. The location of inherited property can be found out from the title documents for them.

Confirmation of relationship

In the absence of a will, or if one has not been found, acceptance of the inheritance occurs in accordance with Chapter 63 of the Civil Code of the Russian Federation.

Heirs of the first priority (if there are no heirs of the second, third or subsequent orders) are required to present the documents described above, but instead of a will, a paper confirming the relationship with the deceased and a photocopy of it are brought. These include a certificate of birth, marriage, change of surname, adoption, etc.

If the first-priority applicant refused the inheritance or died before its opening, the recipient next in line, along with the rest of the list of papers, must provide a certified written refusal or a death certificate.

Parents deprived of their rights in relation to the child-testator, or persons who maliciously evaded their responsibilities for the maintenance and care of the deceased, are recognized as unworthy of inheritance.

Legal acts for inherited property

Such papers include:

residential privatization agreement;
contract of sale;
deed of gift;
an extract from the Unified State Register of Real Estate (available from Rosreestr);
an agreement for opening a deposit in a bank (but in most cases it is enough to submit a request to a financial institution);
certificate of inheritance (suitable if the property was not registered as the property of the deceased).

Any of the listed documents must establish the testator's ownership of the accepted property.

Document approving the authority of the representative

If the formalization of the inheritance is carried out not by the heir, but by his representative, the basic list of documents must include a power of attorney or a certificate of authority of the legal representative.

A power of attorney is issued by an adult, fully capable heir to another person with similar legal capacity, at his own discretion.

The written authority (as a power of attorney is called in legal language) states:

volume and nature of assigned tasks;
term and/or conditions of validity of the paper;
information about the representative;
the possibility of sub-assignment (transfer by a representative of assigned powers to a third party).

A minor or not fully capable successor is required by law to have a representative - he does not have the right to enter into an inheritance on his own:

for a child under 18 years of age, this will be done by the parent/adoptive parent or, if there are none, by the guardian/trustee;
for a person with limited legal capacity - a guardian appointed by the guardianship and trusteeship authorities;
for a completely incapacitated person - a guardian.

They do not need a power of attorney to confirm their authority. In such cases, a birth certificate (for the parent) or a document confirming the appointment as a guardian/trustee is required.

Receipt for payment of state duty

The state fee is paid by the applicant in case of registration of a certificate of inheritance.

According to the law, he is charged:

0,3 % from the estimated value of the inherited property (if the payer is a close relative of the deceased - father, mother, spouse, child, brother, sister);
0,6 % - for all other heirs.

Payment details can be obtained from the notary, and after transferring funds, bring him the corresponding receipt.

Report on the assessment examination

To calculate the amount of state duty, you need to know the estimated value of the testator's property. And for this purpose, the applicant should contact:

Technical Inventory Bureau or Rosreestr to obtain statistical data on the value of the accountable property. As a result, a certificate of inventory or cadastral value of the premises, building or land plot will be issued.
An organization specializing in conducting appraisal examinations (appraisers must be independent and be members of the SRO of appraisers). As a result of the work they have done, the market value* becomes known, which is reflected in a report later attached to the list of papers required for inheritance.

* - market value is relevant when calculating the state duty for registration of any material object - a vehicle, real estate, share in a business company, etc.

Note! The notary has no right to require the heir to provide data on the implementation of any specific valuation method. Moreover, he is obliged to take into account the lowest available value, provided that the assessment has been made reliably, taking into account all existing standards.

Document confirming benefits

The Tax Code of the Russian Federation provides benefits for paying state fees for obtaining a certificate of inheritance. They are available to the following categories of heirs:

minors - upon presentation of a birth certificate by a legal representative;
incompetent - on the basis of a corresponding court decision (the notary is required to submit an extract from the judicial act);
disabled people of groups I, II - according to the conclusion of a medical and sanitary examination;
recipients of residential premises who previously lived in it - confirmed by a certificate of registration of the heir at the place of residence.

Recipients of bank deposits, unpaid pensions, benefits and other payments due to the now deceased do not need to spend money on their registration - according to clause 5 of Art. 333.38 of the Tax Code of the Russian Federation, no state duty is charged for them.

For recipients of a compulsory share, heirs by right of representation or by way of hereditary transmission

Certain categories of heirs will need to present a certain set of papers to prove their rights.

For recipients of the obligatory share this is:

confirmation of relationship and disability (for example, birth certificate + certificate of disability);
evidence of dependency for at least 1 year and joint residence with the testator (if the successor is not a relative) - a court decision establishing the fact of dependency, with notes necessary for a specific situation;
documents substantiating the rights of successors according to the law of the current order (to determine the size of the mandatory share).

Heirs by right of representation can claim inheritance property only in the event of the death of their parent before or at the same time as the testator. Therefore, when registering it, they will need:

parent's death certificate;
the birth certificate of the parent (if he was the testator’s child) and the birth certificate of the testator himself (if he was the parent’s brother or sister);
your birth certificate.

The successor in the order of hereditary transmission will need to provide confirmation of his rights to the inheritance of a person who died later than the testator, but did not have time to accept his property:

death certificate of such person;
certificate of his relationship with the testator;
a document establishing the applicant's right to belong to the successors of the deceased heir (certificate of kinship, marriage or will).

Notary fee (cost) for issuing a certificate

When receiving a certificate of inheritance, you must pay a state fee. Depending on the degree of relationship, the size of the tariff established by Art. 333.24 of the Tax Code of the Russian Federation:

for heirs of the first and second priority (except for grandparents) - 0.3% of the value of the inherited property in the part that is due to this heir. The limitation on the maximum amount of state duty in this case is 100,000 rubles;
for other heirs - 0.6% of the value of the inherited property in the part that is due to this heir. The limit on the maximum amount of state duty in this case is 1,000,000 rubles.

In cases where the value of the property is unknown, it can be determined by specialized organizations .

Payment for carrying out activities to evaluate the inherited property is carried out at the expense of the heirs or one of them, by agreement. In extreme cases, such issues can be resolved by a judicial authority. And in some (exceptional) cases, payment for assessment activities is made from the funds of the inherited property.

The legislation establishes (clause 1 of Article 333.25 of the Tax Code of the Russian Federation) that the assessment must be carried out at the time of opening of the inherited property.

However, property does not always need to be valued. The Tax Code of the Russian Federation stipulates that the state fee should be calculated when issuing a certificate of title to inherited property based on the following options for the value of such property:

inventory value;
cadastral value;
market value;
nominal value.

In this case, the notary is not authorized to demand a document confirming a particular value of the property. If there are several documents that confirm the value of the property and this value differs, in this case the calculation can be made from the lowest value of the property.

Information

In accordance with Art. 333.38 of the Tax Code of the Russian Federation, there is a category of persons and types of property, upon inheritance of which citizens entering into inheritance rights are exempt from paying the fee or do not pay it in full upon receipt of the certificate.

Such benefits arise in the following cases:

upon entry into the inheritance rights of citizens with disabilities of the first and second groups, payment of the state duty is carried out in the amount of 50% of the amount of such duty;
upon entry into the inheritance rights of citizens living together with the testator and inheriting after his death, this residential building and the plot on which this house is located;
when inheriting deposits, wages, insurance amounts, royalties;
when inheriting property, if the testator died while performing duties or tasks in connection with his official position, etc. ;
if the heirs are minors, minors and incapacitated citizens;
other persons established by law.

In addition to paying the state fee, the notary is usually paid for his technical or legal work . Tariffs for such work are not clearly regulated by law and can be set by notary offices independently.

It should be noted that the notary has no right to charge fees for such services or impose services on citizens. Such services can be provided by a notary only with the consent of the citizens themselves.

To resolve disputes regarding the calculation and application of state duty calculations by notaries, citizens have the right to apply to the courts to protect their rights and legitimate interests.

Example

Citizen “P” applied to the district court to establish the cadastral value of a residential property in an amount equal to its market value. In substantiating her claims, citizen “P” indicated that she is the heir to this property. When paying the state fee for issuing a certificate of inheritance, the notary calculated the tariff based on the cadastral value of the property. However, the plaintiff does not agree with this cost, since she believes that the cost is too high. In order to confirm her arguments, citizen “P” turned to independent experts to conduct an independent examination of the market value of home ownership. Experts have calculated the market value, which is 200,000 (two hundred thousand) rubles less than the cadastral value.

The applicant asks the court to establish the cadastral value of the home ownership equal to the market value determined by experts.

Having studied the case materials, heard the parties, and analyzed the current legislation, the court came to the conclusion that the stated requirements were satisfied for the following reasons:

establishing the market value of an object is a legal way to clarify the cadastral value of an object;
the assessment was carried out by specialists legally and in accordance with the requirements of laws and regulations;
the inflated cadastral value of home ownership entails the burden of mandatory payments, the amount of which depends on the cadastral value of the property.

List of documents for entering into inheritance for certain types of property

There are several types of property and registration of each of them requires the submission of a certain list of papers.

For an apartment, house, real estate

Registration occurs after submitting an application and the following documents:

legal acts (privatization, exchange, purchase and sale agreements);
technical and cadastral passport;
extract from the Unified State Register of Real Estate;
certificate of absence of debt obligations on property;
a document indicating the estimated value of the property.

For a plot of land

When inheriting a land plot, the water, soil and plant resources located within the territory become the property of the heir. This requires confirmation in the form:

certificates of absence of tax debts;
extract from the Unified State Register of Real Estate;
boundary plan;
deed of title (deed of gift, purchase and sale agreement, certificate of ownership or lifelong inheritable ownership, extract from the household register, etc.);
certificate of approval of the estimated value.

For car

To accept movable property, the following package of certificates and acts is required:

registration certificate;
registration certificate;
the agreement on the basis of which the vehicle was received by the previous owner;
A document recording the estimated value of property at the time of the testator's death.

For securities

Funds from the accounts and deposits of the deceased are inherited if there is an agreement for their opening and replenishment or a savings book. To send a request for account status, the notary must provide bank information.

When inheriting a share in a business company, an extract on the deceased’s membership in it is required (issued by an authorized employee of the organization) and permission to join the ranks of the LLC participants (if it is not available, the heir will only be given monetary compensation for the share).

To receive shares, the applicant will need to provide the notary with an extract from the register of shareholders of the company.

What does a certificate of inheritance provide?

A certificate of the right to inheritance has a law-confirming character, but does not serve as a legal-forming fact. So, for example, the rights of claim against the debtors of the testator, the obligation to pay debts for him within the limits of the value of the inheritance mass are transferred to the heir not on the basis of a certificate, but within the framework of succession.

The heir has the right to issue a certificate at his own discretion. The absence of the need to obtain a certificate of inheritance in the example of real estate literally means the following. The heir has the right to continue to live in the apartment of the deceased. But if necessary, he will not be able to sell it, donate it, or dispose of it in any other way at his own discretion, since the transfer of ownership from a legal point of view has not taken place.

Without a certificate of inheritance, the heir can safely dispose of the testator’s small property of small value: household items, clothing, dishes, jewelry, etc. But it will not be possible to re-register ownership of property that is subject to mandatory state registration with the State Traffic Safety Inspectorate, Rosreestr or other organizations without a certificate. .

The certificate is an important proof of the existence of the right to inheritance, which is necessary to re-register property with a special regime of use. Such property may include:

real estate;
motor transport;
weapon;
shares in business;
stock;
bank deposits.

After the certificate is issued, the heir must take actions aimed at registering ownership of the property:

According to Art. 1128 of the Civil Code of the Russian Federation, funds in respect of which a testamentary disposition has been made are issued to the heirs on the basis of a certificate.
According to the norms of the Federal Law on state registration, ownership rights to an apartment, land plot, house, garage are transferred to the heir on the basis of a certificate and application from the heir. Today, the notary himself can submit an application for the transfer of property rights through electronic channels of interdepartmental exchange with Rosreestr.
In the securities market under Art. 8 of the Federal Law “On Securities”, the holder of the register can make changes to it only on the basis of the provided certificate.
Re-registration of civilian weapons is carried out on the basis of the Federal Law “On Weapons” on the basis of a certificate and permit from the Ministry of Internal Affairs.
According to 21-FZ on LLC, a share in a business is also inherited on the basis of a certificate, unless otherwise established by the company's charter (sometimes there is a ban on the transfer of shares).

A certificate of right to inheritance is also necessary for the heirs of a deceased member of a limited liability company, since it confirms the person’s status as an heir.

The status of an heir serves as the basis by which the share of a deceased member of the company can pass to his heirs in accordance with Art. 21 of the Law on Limited Liability Companies.

Documents for inheritance through court

The inheritance procedure does not always go smoothly. And when at least one of its links is violated, the inheritance case from the notary goes to the judge, who is now responsible for observing the legality of the succession.

The most common reasons for bringing inheritance issues to court:

missing the deadline for accepting the property of the deceased;
recognition of the fact of inheritance;
establishing family ties between the presumptive heir and the testator.

Each occasion requires a certain set of official papers and other materials relevant to the matter.

Restoring the deadline

Even after six months from the opening date, the inheritance can be accepted by the recipient if he is not informed about the death of the testator or for other valid reasons. You should go to court no later than six months after the obstacles have been removed.

To initiate legal proceedings, the plaintiff will need:

claim for restoration of the period for accepting an inheritance;
a copy of the will or certificate confirming the applicant’s right of inheritance;
death certificate of the testator;
refusal of the notary to register the inheritance at the request of the plaintiff;
a report on an independent assessment of the value of the property of inheritance or a certificate of cadastral value;
title deeds for property, on the basis of which it was owned by the previous owner;
evidence base (includes available evidence of the plaintiff’s exclusive employment and the insurmountability of obstacles to the timely acceptance of the inheritance).

The certified written consent of the remaining heirs who have already accepted the property will help to avoid litigation. With this document, the new heir should contact a notary to cancel the previous certificate.

Establishing the fact of acceptance of inheritance

The property of the deceased can be accepted virtually, without the participation of a notary, but if the successor needs to formalize it, it is no longer possible to do without a court. An exception is cases when less than 6 months have passed since the death of the testator. Then entry into inheritance can be carried out according to the standard procedure.

To apply to the court, the applicant will need the following documents:

application to establish the fact of acceptance of inheritance;
papers confirming the right to receive the property rights of the deceased;
passport/birth certificate of the applicant (in the latter case, also the passport of the parent);
purchase and sale agreement, gift, vehicle registration certificate, extract from the Unified State Register of Real Estate or other documents on which the testator’s ownership of the property transferred after his death was based;
evidence of actual entry into inheritance - checks for payment of debt obligations of the deceased, a certificate from a notary confirming that he has taken measures to protect and manage the inherited property at the request of the heir, an agreement for the provision of repair services for the property of inheritance, a certificate of registration of the place of residence or stay in the inherited living space, testimony witnesses, etc.).

Recognition of kinship

The need for successors to establish family relations in court may arise in the absence of supporting documents and the possibility of their restoration. For example, when information about the registration of a civil status act is not in the state archives.

The list of basic documents presented to the notary is small - all that is required is the death certificate of the testator and confirmation of his ownership of the inheritance. But in addition to this, the judge will need evidence on the basis of which he will make a decision to satisfy the applicant’s demands or refuse.

Suitable evidence:

information from the archives of a maternity hospital or other government institution, where data on family ties between the applicant and the now deceased could be noted;
DNA test results;
witness statements;
photo and video materials.

Deadline for filing inheritance documents

Article 1154 of the Civil Code of the Russian Federation defines the period for accepting an inheritance as six months. Depending on the circumstances, the beginning of the period may be considered:

date of opening of inheritance;
date of entry into force of the court decision;
date specified in the court decision.

If the successor dies and does not have time to accept the inheritance on time, then the right to inheritance passes to his heirs. In the case of hereditary transmission, the period increases to 9 months.

The limitation period for inheritance cases is 3 years. But if there are serious reasons and compelling arguments, it can be increased to 10 years.

If the heir missed the deadline due to ignorance about the opening of the inheritance or for other valid reasons, there is no need to panic. The deadline established for accepting an inheritance can be restored. To do this, it is necessary to obtain the written consent of all law-abiding heirs, otherwise apply to the court with an application to restore the period for accepting the inheritance.

If there is a will

Any citizen specified in the act of unilateral will of the testator, regardless of relationship, can inherit property.

A document is considered valid if it meets the following criteria:

was drawn up personally by the person transferring his property rights and obligations, with his full legal capacity;
certified by a notary (the exception is the cases prescribed in paragraph 7 of Article 1125, Article 1127, paragraph 2 of Article 1128 and Article 1129 of the Civil Code of the Russian Federation);
was signed by witnesses who are not interested in the inheritance (a mandatory point when certifying a closed will);
is the last expression of the will of the testator (each subsequent will regarding the same property cancels the previous one).

If the will is authentic, the persons mentioned in it must appear before the notary with a list of the following documents:

document proving the identity of the heir;
death certificate of the testator (+ photocopy);
will (a copy kept by the deceased);
a certificate confirming the last place of registration of the testator;
extract from the House Register.

When to contact a notary after the death of a relative

The basic time frame for accepting an inheritance is 6 months . If the interested person did not know about the opened inheritance, then he will have to restore the missed deadlines.

But if during the registration process one of the heirs died, then the rights of the deceased are transferred through hereditary transmission to his relatives. In this case, the terms may be increased to 3 months .

If the applicants refused to accept the property or were eliminated, then the heirs of the next priority may assume their rights within 6 months from the moment such a right arose.

If the deadline for registering an inheritance is missed, the following options for restoring violated rights are possible:

You can agree with the heirs to submit an application to a notary to include a new participant in the composition. If the document is available, the notary will cancel the previously issued certificate and issue new papers to everyone.
If the heirs do not agree to re-register the documents, then the interested party will have to go to court . The application will need to state the essence of the case, indicate the reason for missing the deadline and attach documents that confirm the events described. If the court satisfies the stated requirements, the heir will be able to register the inheritance with a notary at his place of residence.

Example. Citizen M. served in military service. During this period his mother died. She left no will. Her heirs were a daughter and a son. Citizen M could not accept the inheritance in a timely manner. His sister became the rightful heir. However, at the end of the service, the girl submitted an application to the notary to include her brother among the heirs. Based on new documents, they re-registered the property.

If there is no document

The heir must find or restore the missing document. Otherwise, the succession process will not take place.

It is not difficult to obtain a duplicate of your birth certificate, marriage certificate with a deceased person, or your identity card. The lost paper concerns the applicant directly and can be received within one day at the Civil Registry office. The same applies to lost copies/extracts from judicial acts. You can apply for the issuance of new ones to the authorized judicial body.

But finding or restoring some of them can cause a lot of trouble for the heir. These include:

will;
death certificate;
confirmation of the applicant’s belonging to the current line of inheritance.

Search for a will

The most difficult part of collecting papers can be finding a will. The fact is that in some cases the copyright holder, for some reason, does not inform his heirs about the location of his copy of the document. And then, after his death, they may not find it in the personal belongings of the deceased.

Then the heirs can contact the notary offices at the place of last registration of the deceased with requests for discovery of the will. And if there are no results, contact other authorized institutions of the city. If this does not help, then it makes sense to submit a written request to the notary chamber of the region.

Duplicate death certificate

In the civil registry office, a repeated certificate can be issued only to a relative of the deceased or an interested person (and the heir is such even in the absence of kinship).

Therefore, to receive a duplicate, the successor must submit to the authorized body:

identification;
certificate of relationship with the deceased;
will (if it is in hand);
a notary's certificate confirming the opening of an inheritance case (if there is no will or relationship).

The same applies to obtaining documentary confirmation of the applicant’s inheritance rights - if a certificate of birth, adoption or marriage with the deceased is not sufficient for this (for example, in cases of inheritance by successors, starting from the second stage and further), you can obtain a duplicate of the missing paper from the registry office at on the same grounds.

Document requirements

Heirs should know not only the list of documents for a notary when opening an inheritance case, but also how to prepare them correctly. There should be no corrections or erasures in the papers. The text must be read. All numbers are duplicated by writing the number in words.

Only original documents are allowed - forgery is punishable by law. Have the form specified by law. Be valid - if the validity period expires, you must contact the relevant organizations for a new certificate.

Documents for state registration of inheritance

Few heirs limit themselves only to accepting inherited property. Indeed, in order to become its full owner, state registration of the received object is necessary. And this entails collecting new papers.

The first mandatory document, unchanged for the registration of all types of inherited property, is a certificate of inheritance. His successor receives it from a notary, upon the appropriate application, which can be submitted both at the time of acceptance of the inheritance and later (the inheritance file is registered for temporary storage after 5 years from the date of death of the testator).

This act becomes legal for the new owner and it is on its basis that property is re-registered or inherited bank deposits are issued.

The list of required papers continues with certificates, passports, reports and plans characterizing the property or vehicle from the technical and financial aspects. To register land, residential, commercial or industrial premises, the necessary information can be requested from Rosreestr; for a car, it can be obtained based on a technical inspection from an accredited specialist.

Also, do not forget about the appraisal report, which Rosreestr has the right to issue based on cadastre data or an appraiser conducting an independent examination to determine the market value of the property.

The exact list of documents is indicated directly at the place of registration of a specific type of property:

Rosreestr - to establish ownership of a building, living space or land;
Interdistrict Registration and Examination Department of the State Road Safety Inspectorate - vehicle registration;
Tax Service - making changes to data about a legal entity;
bank branch - receiving a deposit.

Who receives the certificate

The heirs receive a certificate of the right to inheritance according to the law or by will. To obtain a certificate legally, the following grounds are required:

Lack of a will from the deceased regarding the disposition of property in favor of a specific heir.
Refusal of heirs under a will to enter into inheritance.
The will was declared invalid in accordance with the established procedure and annulled.
The heirs from the will were recognized in accordance with the established procedure as unworthy.
The heir has documents confirming the presence of family ties or being a dependent.
The will was not written for all the property included in the estate.

In the will, the testator may indicate any person or persons (with or without specific shares) to whom he would like to assign the property. In order for a will to acquire legal force, it must be certified by a notary during the testator’s lifetime.

Thus, inheritance of property according to the rules of a will takes precedence over the legal scheme. The legal order of inheritance extends its effect to persons who are related by family or marital ties to the deceased. Its basic principle is priority - the rights to property are transferred to the heirs of the second priority only in the absence of priority applicants (spouses, children and parents of the deceased).

When documents are not required

The law provides for the option of inheritance without presenting papers or going through government agencies. This is the actual acceptance of the inheritance. To implement it, it is enough to perform at least one of the following actions:

leave an application to the notary about taking measures to protect and/or manage the inherited property or draw up;
certify with a notary a power of attorney to manage the inheritance by any selected person or organization or enter into an agreement with the manager;
use an inherited object (relevant for living space and land, it is illegal to operate a car without re-registration, and a bank deposit will not be paid without a certificate from a notary);
maintain, repair property, while retaining receipts, receipts, service agreements, etc.;
begin repaying the testator's debts.

But those who want to avoid paperwork should think about the consequences of choosing the actual inheritance option. The most inevitable is the inability to obtain a certificate of inheritance. And without it, as mentioned above, it is impossible or very problematic to fully enter into the property rights of the deceased.

The actual successor can officially accept the inheritance, but this will require even more effort and documents, already listed in the corresponding section of the article.

Entering into an inheritance is a complex process and full of pitfalls, which only an experienced specialist in these matters can discern. Therefore, in order not to lose what is rightfully yours and not to lose sight of important nuances, we advise you to contact the lawyers of our portal, who are ready to provide free advice regarding the filing of documents and registration of inherited property.

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Registration procedure

A certificate of the right to inheritance is issued only at the request of the heirs.

Before issuing a certificate of inheritance, the notary must take a number of sequential actions:

Verification of the death of the testator.
Establishing the place of opening of the inheritance.
Establishing the time of opening of inheritance.
Checking the composition of property in the inheritance mass.
Checking the status of the heirs and whether they have grounds to lay claim to the testator’s property.
Determining the list of heirs.
Verification of other information.
Checking the existence of a will and its authenticity.
Establishing the circle of persons who have legal rights to an obligatory share in the inheritance according to the law (if there is a will).

During verification activities, the notary makes requests to government agencies, banks and institutions, as well as other authorities that provide him with information under the law.

After the verification has been successful, notifications are sent to all heirs of the first priority (or another order if there are no applicants from the previous one) and heirs under the will.