Features of accepting an inheritance
Russian civil law provides for the principle of universal succession. This means that the heir, along with the property itself, and all the debts with which it was encumbered. It is impossible to accept property and refuse the encumbrance. Partial acceptance of inheritance is also not provided. Either all property (or its share, if there are several heirs), or complete abandonment of it. If the testator owes more than the property he left behind, it is better to immediately issue a waiver.
In case of refusal of a share in the inheritance, it will be distributed among other claimants to this property. If there is only one heir or all heirs refuse, then the inheritance mass passes to the state.
It should be borne in mind that it is impossible to subsequently revoke the refusal of inheritance under any circumstances.
Is it possible to use a car before full inheritance?
There are several cases here. The first case is when there is only one heir, no other applicants have been identified and there are no unauthorized persons to whom the testator has granted the right to use his vehicle. In such a situation, by default, the inheritor of the car continues to use it until the official entry into inheritance rights. The civil law provides for the possibility of a notary issuing documents on the actual acceptance of an inheritance before the expiration of 6 months, which is given upon the identification of all interested parties. If the applicant provides documentary evidence of the absence of others entitled to inheritance, the 6-month period is shortened.
In the second case, everything is not so simple. Here we are talking about a situation where the testator, during his lifetime, transferred the right to use and the corresponding documents for the car to a third party not included in the circle of heirs. At the time of death, all rights of third parties are no longer valid and the use of the vehicle becomes illegal. The vehicle is included in the estate and transferred under the protection of a notary.
In the third case, this is when the actual owner and user of the car is one of the applicants for the inheritance. Here everything depends on the opinions of other heirs. If they agree with actual possession and do not interfere with use, then they proceed as in the first of these cases. If there is an objection from any of the applicants, the vehicle goes under the protection of a notary until the shares in the inheritance are determined.
If there are any other disagreements, they can be resolved exclusively in court.
Problems with a general power of attorney
The death of the owner also poses considerable problems for those car owners who bought the car under a general power of attorney.
A power of attorney is a document that transfers certain rights from one person to another on the basis of his consent, but in the event of the death of the principal, it loses its legal force. They will no longer be able to resell the car, since official notarial transactions are prohibited if the owner is declared dead.
In addition, the rights to the car are transferred to the heirs, who will receive the legal right to re-register the vehicle in their name according to the rules for registering an inheritance specified in Article 1112 of the Civil Code of the Russian Federation. The driver will have to look for them and negotiate the assignment of rights, which involves a lot of hassle.
How to register an inheritance with a notary
First of all, they contact the notary at the place of residence of the deceased. To do this, a statement is written, which indicates the details of the heir and testator, the degree of relationship, the remaining property is listed, and an indication is made of the absence of other heirs.
The following are attached to the application:
- a certified copy of the death certificate;
- data from an expert assessment of the cost of a car to calculate the amount of duty. To do this, you should contact the NP SROO “Community of Assessment Professionals”;
- vehicle passport and information about its registration with the traffic police;
- documents that can confirm the degree of relationship (copy of the corresponding page of the passport, birth certificate, marriage certificate, etc.);
- certificate of residence of the deceased to determine notarial jurisdiction;
- a receipt confirming payment of the fee.
How to deregister a car after the owner dies in 2021?
Since termination of registration is the responsibility of the traffic police, we only need to remind them of this by attaching the appropriate documents confirming the person’s death.
Accordingly, this is done in 3 simple steps:
- first we obtain the death certificate of the owner of the car,
- then it is advisable to make a notarized copy of it,
- Next, we submit an application to the traffic police in free form with a request to terminate the registration of the vehicle.
In fact, the second step is not expressly provided for by law. However, copies will not work in this case. Yes, you can provide the original, and in fact they should give it to you after deregistration. However, occasionally in practice in 2021 the police try to keep it. Therefore, we recommend that the copy be notarized.
This application can be submitted to any registration department of the State Traffic Inspectorate (clause 4 of PPRF No. 1764). Not necessarily at the place of residence of the deceased. Even if, for example, the deceased is registered in Moscow, then you can submit an application even in Vladivostok.
As for the sample application, there is its approved official form. However, in it you will not find a request for either deregistration or its termination due to the death of the owner. He is not there for a simple reason - statements about this are not provided for by law, since due to the death of a person, as we indicated above, he is deregistered by the traffic police on his own initiative.
However, you can submit the same form for your convenience when filling it out (and it will also be more convenient for the inspector to read the usual form) by simply changing the corresponding line in it to suit your request.
(in DOC format for filling out on a computer - the required action is underlined) or the same form in PDF format for filling out by hand.
Next, you can either take the completed application to the traffic police MREO and submit it in person, or send it by mail (in the latter case, the original death certificate should not be attached - it will not be returned).
Costs that heirs will face when registering with a notary
The amount of the state duty depends on the degree of relationship. For children, spouses, brothers and sisters, as well as parents of the deceased, it is set at 0.3% of the total value of the estate. In this case, the state duty cannot exceed 100 thousand rubles. All other persons pay 0.6% of the specified cost, but not more than one million rubles. Minor heirs, in accordance with the procedure established by Article 333.38 of the Tax Code, are generally exempt from duty.
ATTENTION !!! A separate expense item is payment for legal and technical services of a notary. The size of such a fee, based on the cost of the car and the region of Russia, ranges from 2 to 3 thousand rubles. These services are not mandatory.
The procedure for re-registration with the traffic police
After full entry into the inheritance, the time comes for the next step - re-registration with the state inspectorate. The period for such an action is set at ten days from the date of receipt of the inheritance certificate (calendar days are counted, not working days).
To do this, the new owner submits documents to the traffic police in accordance with the list below:
- application for re-registration in writing in one copy;
- a receipt confirming payment of the state fee;
- MTPL policy issued in the name of the new owner;
- certificate of previous registration of the car for the previous owner;
- a copy of your passport;
- a copy of the certificate of inheritance;
- the vehicle itself.
Along with copies, originals of the listed documents may be required.
The fine for late registration of an inherited car is fixed at 1,500-2,000 rubles.
IMPORTANT !!! During the above period, it is also necessary to draw up a contract for compulsory motor liability insurance with the selected insurance company. To obtain compulsory motor liability insurance, a technical examination of the vehicle is carried out and a diagnostic card is filled out.
Punishment for management
In accordance with Part 1 of Art. 19.22 of the Code of Administrative Offenses of the Russian Federation, “violation of the rules for state registration of vehicles of all types, mechanisms and installations, if registration is mandatory, entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from two thousand to three thousand five hundred rubles; for legal entities - from five thousand to ten thousand rubles.”
In addition, in accordance with Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation, “driving a vehicle that is not registered in the prescribed manner shall entail the imposition of an administrative fine in the amount of five hundred to eight hundred rubles.” Moreover, if traffic police officers see that the car has a lot of fines, then they have the right to remove the license plates and send it to the parking lot, from where the new owner can pick it up.
In the event of an accident, the problems can be even more serious. In the event of the death of the owner of the car, the MTPL policy is also canceled, even if his family members are included in the document. The insurance company will behave in a specific way in such circumstances. She will pay for the damage to the victim, but immediately through the court will impose recourse on the culprit of the accident and demand that he cover the costs.
Re-registration fee
What is the cost of the traffic police duty in 2021? The amount of the fee depends on whether the new owner changes the car’s license plate or keeps the old one. For the issuance of a new certificate, the heir will pay 500 rubles. For making changes to the vehicle passport you will have to pay an additional 350 rubles.
If the car numbers change, then the traffic police will cost 2,000 rubles for such a replacement.
The re-registration procedure itself must be completed within one business day.
Registration of a car in the State Traffic Safety Inspectorate for several heirs
When inheriting under a will, the new owner of the car is usually clearly determined by the testator. But a person does not always have the opportunity to draw up a will, and then the procedure of inheritance according to law is applied. And here there may be several heirs and the car becomes shared ownership.
But registration with the traffic police is allowed only for one owner. To do this, the heirs must agree on which of them will register the vehicle and submit an application to the traffic police about this. But when filling out the PTS, in the column called “Other notes” other owners of the car will be indicated. They will also be included in the traffic police database.
Is it possible to deregister through State Services if the owner dies?
Unfortunately no. As of May 27, 2021, you simply will not find the corresponding service on the portal. And this is again because such a registration action should occur on the initiative of the traffic police, and not by citizens.
But there is a way out!
But can this be done online?
In fact, you can write about this using a form on the official website of the State Traffic Inspectorate. However, formally this should not be the case, although in practice there is a possibility that the registration of the car will be stopped.
The fact is that the traffic police are authorized to deregister cars after the death of the owners, of course, only if there are grounds for this. When submitting an application offline, you must attach a notarized copy of the death certificate or the original. But when submitting an application online, you only have the opportunity to attach a scanned copy of this certificate. But it is not an official document.
Yes, traffic police can request information from the registry office based on your application. And, most likely, they will do so. However, they do not formally have a direct obligation to send a request only on the basis of someone else’s application.
Therefore, informing about the death of a person through the official website of the traffic police is generally not prohibited, but does not guarantee deregistration of the car.
Selling an inherited car
There are cases when an inherited car is immediately intended for sale by the heir. In this case, it is not necessary to go through the re-registration procedure with the traffic police. You can immediately register the vehicle in the name of the purchaser, but, in any case, you must submit a certificate of inheritance of the car. These rules apply to those cars that are already registered with the traffic police and have a properly completed vehicle passport.
ATTENTION !!! If a car is sold immediately after receiving an inheritance, the heir will pay a tax of 13% of its value, but only if the price of the car exceeds 250 thousand rubles.
Re-registration of a vehicle
So, in order to avoid problems with law enforcement agencies and unnecessary financial costs, it is better to prepare all the documents legally and correctly and obtain a new certificate for the car, re-registering it to the new owner. To do this, after the death of the testator, it is necessary to submit an application to the notary for acceptance of the inheritance. This must be done as soon as possible, since, according to current legislation, a certificate of inheritance is issued after six months from the date of death of the owner of the vehicle. Next, with the received certificate, you need to re-register the car in your name at the State Traffic Safety Inspectorate within ten days. After this, you can safely and legally drive a car.
Is the owner's passport required when registering a car by proxy? More details
