How to re-register a car after inheriting through State Services

What to do with the car after the death of the owner

The only thing that can be done with the car immediately after the death of the owner is to put it in a garage, in a parking lot or in any other place. It cannot be used even if you have a power of attorney. It ceases to be valid in accordance with Article 188 of the Civil Code of the Russian Federation. For further use, the new owner must obtain a certificate of inheritance from a notary, then the car must be registered and continue driving. Or sell it.

However, in fact, most drivers who drive by proxy continue to calmly drive the vehicle, especially if there are no heirs besides them. This fact may even “play a plus” if the heir accidentally misses the deadline for entering into the inheritance (6 months from the date of death of the testator), as it will become the basis for recognizing the actual acceptance of the inheritance.

In the latter case, the fact who looked after the car, repaired and used it will be of great importance. It is recommended to keep all receipts and documents. However, operating under such an invalid power of attorney is still illegal and may cause problems with the police.

How is a car divided between heirs?

Heirs have the right to divide the car both before entering into inheritance and at any time after that.

How can you divide a car:

1. Sell, and divide the money from the sale in accordance with the shares in the inheritance. The disadvantage of this option is the need to pay personal income tax in the amount of 13% of the transaction amount when selling a car that has been owned for less than 3 years.
2. Determine the order of use.
3. One of the heirs receives the car in full, and the other legal successors receive property of similar value.
4. One heir takes the car, and the others receive monetary compensation for their shares.

The heirs can divide the car within three years from the date of opening of the inheritance according to the rules of Articles 1165 - 1170 of the Civil Code of the Russian Federation (part two of Article 1164 of the Civil Code of the Russian Federation), and after this period - according to the rules of Articles 252, 1165, 1167 of the Civil Code of the Russian Federation as follows:

• voluntarily (by agreement)
• through the court.

Regardless of the option chosen, the heirs will have to pay a state fee. To certify the agreement - a state fee to a notary (from 5,000 to 11,000 rubles), in case of a legal dispute - a state fee to the court.

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Terms of inheritance

When receiving a car as an inheritance, the same deadlines apply as in any other case. Strictly 6 months are given for this. The countdown starts from the day following death and ends exactly six months later. If the end date falls on a weekend or holiday, the deadline is moved to the next working day.

If the fact of death is recognized in court, then the countdown begins the next day after the announcement of the decision. Read more about this here.

Options for inheritance

There are two ways to enter into an inheritance, depending on how exactly it was formalized:

• In law. This method assumes that the testator did not have a will. In such a situation, the heir legally receives the right to part of the car (if there are several heirs) or to the whole of it (if there are no other heirs).
• According to the will. In this case, it is assumed that the testator has executed a will and all further actions of the heirs must be tied to this document.

Example: If there are several heirs, but the will states that only one of them receives full use and disposal of this particular car, then the rest do not have the right to claim the vehicle.

If the heir by law or will is a minor, parents or guardians will decide instead on the future fate of the car.

Are unpaid fines inherited?

After entering into an inheritance, you will have to pay all the debts of the previous owner. This also applies to fines. They will also have to be paid before you receive new documents and licenses for the car.

If the heir refuses to pay the debt due to its size, he will not be able to dispose of the property. In this case, it is better to refuse the inheritance. You will not have to pay debts or formalize a refusal in the only case - at least 3 years have passed from the moment the fine was issued to the acceptance of the inheritance.

To register an inherited car, you need to go through certain procedures. You need to start by entering into an inheritance by contacting a notary. After assessing the car and confirming the rights to inheritance, the new owner goes to the traffic police.

There he will be required to provide a certificate of ownership, insurance and documents, without which re-registration is impossible. If the documents are provided in full, then after paying the state fee and completing the work of specialists, the property will be re-registered in a new name. The main thing is not to forget about the deadlines, they are limited.

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How to inherit a car

When the fact of death has been established and the six-month countdown has begun, you must contact a notary for a certificate of inheritance. Only after receiving it can you register or sell the car.

Procedure and procedure

• Submitting documents to a notary to obtain a certificate of inheritance. This must be done within 6 months from the date of death of the previous owner.
• Check the vehicle diagnostic card. If the deadline has come, perform a technical inspection.
• After this, you need to obtain an MTPL insurance policy. Without it, it is impossible to register a car with the traffic police.
• The last step is to contact any traffic police department and register. You will need to pay an additional state fee, which can usually be done on the spot. A receipt with all the details will be issued there.

From the moment of receiving the certificate from the notary, the new owner has only 10 days to register the car. Otherwise you will have to pay a fine.

Documentation

To issue a certificate, the notary will need the following documents:

• Death certificate of the previous owner of the car.
• Documents confirming relationship. Most often this is a birth or marriage certificate.
• Heir's passport.
• Previous vehicle registration certificate.
• Registration certificate for the car.
• Conclusion of the assessment.
• Receipt of payment of the duty.

If there is a complete package of documents, the notary draws up a certificate, but issues it no earlier than 6 months from the date of death. An exceptional case: there is only one heir and he can prove it.

Car valuation

For this operation, you can choose any appraisal company. There are a lot of them now and choosing the right one won’t be difficult.

Request licenses to engage in appraisal activities. Without them, the report will not be valid and will not be suitable for the notary. It is recommended to clarify in advance what exactly the assessment is being ordered for.

The following documents will be required:

• Documents confirming death (certificate or court decision).
• Passport of the customer-heir.
• Vehicle registration card.
• Car passport.
• Certificates of traffic accidents, if any.
• Data on machine repair and/or replacement of parts.

It is recommended to prepare copies of all listed documents.

There are two options for conducting an assessment: on-site and remote. For a notary, this moment does not play any role, so in order to save money, it makes sense to choose a cheaper method. In the first case, employees of the appraisal company will arrive at the location of the car, photograph and inspect it, and then begin to draw up a report. In the second case, only documents provided by the client, as well as photographs taken by him, are used.

Based on the information collected, comparing the price of the car with similar offers on the market and making adjustments for mileage, damage and modernization, appraisers will give the final cost. The amount of the state duty will be calculated from this.

How much does it cost, expenses

A car appraisal for a notary costs on average 1-2 thousand rubles, depending on the chosen appraisal company, the complexity of the task and the location of the car.

For the preparation and subsequent issuance of the certificate, the notary will require payment in the amount of:

Example : The deceased Ivan Ivanovich had a car. The only heir, his son Vasily Ivanovich, in order to become the owner of the vehicle, conducts an assessment, during which it turns out that such a car now costs 1 million rubles. He paid 2 thousand rubles for the report. Now you need to pay the state fee. Its size will be 0.3% of 1 million = 3 thousand. Total, at the initial stage you need to pay 3 + 2 = 5 thousand rubles. These amounts are regulated by Article 333.24 of the Tax Code of the Russian Federation. The Tax Code also provides benefits in the amount of 50% for disabled people of groups 1 and 2 (Article 333.38 of the Tax Code of the Russian Federation).

How the car is divided, who will get the car if there are several heirs

The division of inherited property is always a headache. With apartments everything is quite simple, it can be divided into shares, which can then be easily bought out or everyone can live together if the relationship is normal and there is enough space.

With a car everything is much more complicated. According to Article 1141 of the Civil Code of the Russian Federation, all heirs have the right to an equal share. But only one person can drive the vehicle. The car also needs to be maintained, repaired, refueled, paid for insurance and tires changed. Moreover, you can register a car only for one person, who will manage the equipment. There are 3 ways out of this situation:

• Share repurchase . In this case, one heir buys up the shares of the remaining applicants for the car. Of course, this is a voluntary procedure. After which he can register the car with the traffic police (traffic police) in the manner indicated below.
• Agreement . All heirs agree that registration will be made in the name of only one of them. In this case, the vehicle remains in common ownership, although formally, it will be used by the person to whom the car is registered.
• Court . If there is no agreement between the heirs on how to divide the car, keep it or sell it, you can go to court. As part of the consideration of the case, a decision will be made that will have to be followed regardless of whether people agree with it or not.

In addition, the car can simply be sold by dividing the resulting amount between the heirs. To do this, it does not need to be registered with the traffic police. It will be enough to obtain a certificate from a notary and find a buyer. When selling a car inherited earlier than after 3 years of ownership, you will have to pay a tax of 13% on the amount over 250 thousand.

Example : You inherited a car that can be sold for 600 thousand. After receiving the money, the state will have to pay 13% of 350 thousand (600-250 = 350), that is, 45.5 thousand rubles. If the car were sold for 250 thousand or less, then there would be no need to pay tax.

The option of dividing property after the death of a husband or wife looks complex and ambiguous. This implies a situation with inheritance by law, since with a will everything is clear - whoever is included there receives it.

It is a completely different matter if there was no will. In this case, two options are possible:

• The car was purchased during marriage and is jointly acquired property. The living spouse is entitled to half the car, even if there are multiple other heirs (such as children).
• The car was purchased before marriage, received as a gift or by inheritance. It is the personal property of the husband/wife. Inheritance occurs according to standard rules, in which each claimant to the property receives an equal share.

Example : The husband owns a car that he bought during marriage. The family consists of him, his wife and two children. After his death, half of the car goes to his wife, and the rest is divided between all three. Thus, the children receive only 16.67% of the car each, and the wife, respectively, 66.67%. If the husband had received this car as a gift or bought it before marriage, then the wife would have the right to only a third of the property, as would each of the children.

Regardless of the initial situation, further design is no different from the standard version.

How much should you pay and how to save

Before entering into an inheritance, you must pay the state fee for the notary. It is determined from the assessment of transport. The car is valued on the date of death of the testator. If this is ignored, the notary will refuse to issue a certificate of title to the property left to you. In order for your future car to be assessed according to all the rules, you should contact a professional appraiser who is a member of the SRO (association of appraisers).

Calculation of state duty

• if you are a first-degree heir (son, daughter, spouse, brother, sister), then pay the notary 0.3% of the value of the inheritance, but not more than 100,000 rubles.
• in other cases, the state duty for notary services is 0.6%, but not more than a million rubles.

Example: A son inherited a car after his father’s death (first line of inheritance). According to the appraiser's report, the value of the car on the day when the father died was 400,000 rubles. Consequently, the son must pay notary services in the amount of 1,200 rubles.

In some cases, provided for in Article 333.38 of the Tax Code of the Russian Federation, heirs may be exempt from paying the notary state fee. For example, minors.

In addition, the notary charges a fee for legal and technical services. For 1 car the tariff ranges from 2000 to 3000 rubles. depending on the region of the Russian Federation. This tariff is legal. But the notary must justify the essence of the service. Although the very fact of studying inheritance documents, drawing up and printing a certificate of inheritance, etc., is a service.

It turns out that the cost of registration with a notary will be: state tax plus the tariff for services.

How to save time and money - draw up a gift agreement in advance

You can effectively save time, money on state fees, assessments and significantly simplify the procedure for transferring the vehicle of a deceased relative into your ownership. You just need to prepare a gift agreement in advance (see deed of gift for a car).

If you know for sure that you are the direct heir of your father, grandfather, uncle or other relatives, then you can (of course, with the consent of these persons) in advance, during their lifetime, draw up an agreement to donate a car to you. In this case you:

• You won’t have to wonder how to inherit a car and collect numerous documents. It will be considered that, according to the gift agreement, it already belongs to you. You only need to re-register with the traffic police.
• in the event of the owner's death, it is possible to use the car immediately, without waiting for six months.

However, it is not profitable to draw up such a gift agreement between non-close relatives, since in this case the donee is obliged to pay 13% personal income tax for the next year after the date of the donation. And parents, children, brothers, sisters, husband, wife are exempt from such payment if they do not sell this car in the next 3 years.

How to re-register a car after the death of the owner in the traffic police

To re-register documents for the new owner, you must first check the diagnostic card and, if necessary, conduct a new technical inspection. After which you need to conclude a compulsory motor liability insurance contract. According to the new rules, it is not necessary to provide it to the traffic police on paper; the fact of insurance is sufficient. The inspector will independently find all the required information in the databases. When everything is done, you can go with a complete list of documents to the nearest traffic police department and register the vehicle.

Electronic queue

For the convenience of motorists, the traffic police have installed terminals through which an electronic queue system is implemented.

How to work with the terminal:

• Click on the “Make an appointment” item.
• Select “Vehicle registration”.
• Please indicate a suitable date and time for your appointment.
• Enter the transport passport number and last name of the new owner.
• Check the information and click “Agree.”

At the end of the procedure, the person receives a coupon indicating the time and date of the appointment, as well as a number that is displayed in the waiting room.

Re-registration through the public services portal

You can also register a car on the State Services portal:

• Go to the portal. Registration required.
• Select the item “Vehicle registration”. It can be found in the list of popular services.
• Enter the details of the car and the new owner.
• Indicate the place and time of registration.
• Print the application and receipt.
• Pay the receipt.
• At the specified time, appear at the selected department with a complete package of documents.

Such a system will significantly reduce the reception time, although it will still not be possible to completely avoid visiting the traffic police.

Registration period

Registration of a car received as an inheritance must occur no later than 10 days from the date of receipt of the certificate from the notary. Starting from 2021, only 1 hour is allotted for the procedure itself, but in practice, with large queues, it may take more time. In rare cases, you have to wait up to 3 days for the queue to pass.

Documents for OSAGO

To obtain an MTPL insurance policy, the following documents are required:

• Statement. Filled out right on the spot, according to the form issued by the company.
• A certificate of inheritance received from a notary.
• Car passport.
• Inspection card.
• Civil passport of the new owner.

Not only the owner, but also his representative can insure the car. To do this, a power of attorney should be added to all the listed documents.

Documents for the traffic police

To register a vehicle, you need to prepare the following documents:

• Owner's civil passport.
• Application for re-registration of a car.
• Passport for the car.
• Vehicle registration certificate.
• A certificate of inheritance received from a notary.
• OSAGO policy*.
• Receipt for payment of state duty.

*If it is not in paper form, it’s not a big deal. The traffic police inspector will be able to find all the necessary information in his database. The fact of existence is important.

It is recommended to prepare copies of all documents in advance.

State duty, fine and insurance payment

The amount of state duty when registering a car:

Art. 19.22 of the Code of Administrative Offenses of the Russian Federation states that if the new owner did not manage to register the car within 10 days, he will be fined in the amount of 1.5 to 2 thousand rubles. In addition, you will also have to pay for the MTPL policy. The price varies widely, depending on the vehicle and its new owner, starting from 3 thousand and above.

Registering a car with the traffic police

The last step for the new owner of the car will be its registration with the traffic police. The algorithm of actions in this case will be as follows:

1. The heir receives a certificate of ownership of the inheritance from a notary. It is important to consider that from now on he will have only 10 days to register the car with the traffic police.
2. Passes maintenance and receives a diagnostic card.
3. Receives MTPL in his name.
4. With the above documents, as well as a passport, numbers, PTS comes to the traffic police.
5. He pays the state fee and after checking all the information, he only has to receive the reissued documents.

After re-registration, the heir becomes the full owner of the car, he can donate, exchange or sell it.

Thus, inheriting a car consists of 2 stages: obtaining a certificate from a notary and its re-registration with the traffic police. A prerequisite for obtaining a certificate is an assessment of the market value of the property, as well as payment of the state fee for the work of a notary.

Video: how to register the right to a car received by inheritance.

Fines from the previous owner

Car fines are administrative, that is, directly related to the identity of the vehicle owner. In accordance with paragraph 1 of Article 418 of the Civil Code of the Russian Federation, obligations under them terminate in the event of death. Thus, the new owner is not obliged to pay for them.

Receiving a car by inheritance and its subsequent registration, especially if there are a large number of applicants, is a rather complex and ambiguous process. Our lawyers will be able to provide a free consultation, as well as take on all the most controversial issues, protecting the rights of the heir.

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The nuances of inheriting a car

An unpleasant moment for the heirs of vehicles is the forced six-month parking, which does not allow even those who used the car during their lifetime to drive the car after the death of the owner.

This is due to:

• loss of legal force of powers of attorney issued by the deceased owner;
• automatic deregistration with the State Traffic Inspectorate;
• invalidation of license plates, insurance policies and registration certificates.

It is impossible to register a car right away, since a document confirming ownership is a prerequisite. A certificate in the name of the heir is issued by a notary after a six-month period, both in case of inheritance by law and by will. An exception for issuance before six months has passed is reliable information about the absence of other candidates, including conceived but unborn children (Article 1163 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation)).

Applicants can, during forced downtime, keep the car in working condition, bear current maintenance costs, keeping payment documents in case of “friction” with co-heirs and settlement of issues during court proceedings.

According to lawyers, the current procedure for inheriting vehicles violates the rights of heirs. After all, you can use real estate before taking legal rights, but you cannot use a car, although the civil legislation clearly states that in order to acquire an inheritance, the candidate must accept it (Clause 1 of Article 1152 of the Civil Code of the Russian Federation).

In order to avoid penalties or seizure of the car by representatives of the State Traffic Inspectorate, the heir should not operate the car until re-registration. In addition, getting into an accident without fault deprives you of the right to receive insurance payment from the insurer, since the old owner has died and the successor is not the owner.