There is a lot of information on the Internet, sometimes very far from reality. A person who is not familiar with the law can easily get confused and go the wrong way. Let's look at a fairly common situation. You have inherited a car. But you don’t need it for one reason or another and you want to sell it. How to do it? I will not dwell on the process of inheritance. This is another issue discussed in another article: “Application for the issuance of a certificate of the right to inheritance by law.” Now let’s find out whether it is necessary to register a car received by inheritance with the traffic police if its subsequent sale is planned.
Inheriting a car
The opening of the inheritance occurs on the day of the citizen’s death. Starting from this date, the car belonging to the deceased cannot be used, because previously issued powers of attorney lose legal force. Thus, after the death of the owner, the car is actually forced to remain parked for 6 months. It can be used again only after registration to a new owner.
Note. Registration of a car with the traffic police is terminated immediately after employees receive information about the death of the car owner. The license plates and documents of the car are considered invalid and are entered into the search records (clause 61 of the Registration Rules).
To receive a car you must accept an inheritance . To do this, within 6 months after the death of the previous owner, you need to submit an application from the heir for a certificate of inheritance.
A certificate of the right to inheritance is issued after 6 months from the date of opening of the inheritance. Article 1163 of the Civil Code of the Russian Federation:
Article 1163. Time limits for issuing a certificate of the right to inheritance
1. A certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance, except for the cases provided for by this Code.
2. When inheriting both by law and by will, a certificate of the right to inheritance may be issued before the expiration of six months from the date of opening of the inheritance, if there is reliable data that, in addition to the persons who applied for the issuance of the certificate, other heirs who have the right for the inheritance or its corresponding part, is not available.
3. The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but not yet born heir.
Once again I would like to draw your attention to the fact that the heir will be able to use the car no earlier than 6 months after the death of the previous owner.
6 months is quite a long time for a car. On average, cars in Russia are used by their owners for 5-6 years. Six months of downtime is 10 percent of the vehicle's lifespan. Over the course of six months, a car loses several percent of its value.
There is a way to avoid this downtime, but you should prepare for it in advance. If you have elderly relatives who own vehicles, invite them to enter into a vehicle donation agreement with the heir. The agreement is concluded in simple written form.
If the owner of the car agrees to the donation, then in the future the fate of the car will be decided much faster.
However, let's return to the situation of inheriting a car. After the heir has received a certificate of right to inheritance, he has 2 options :
- re-register the car in your name;
- sell or donate a car without registering with the traffic police.
Let's consider each of the situations in more detail.
Actions when selling a car by an heir.
The procedure is no different from a regular car sale.
- First, you put the vehicle up for sale.
- Find a buyer.
- Next, draw up a written purchase and sale agreement for the vehicle.
Sample contract for the sale and purchase of a car between individuals.
Vehicle purchase and sale agreement
Place of drawing up the contract, date of drawing up
Full name, date and place of birth, residence address, passport details: series, number, who issued it and when
hereinafter referred to as the “Buyer” on the one hand, and
Full name, date and place of birth, residence address, passport details: series, number, who issued it and when
hereinafter referred to as the “Seller”, on the other hand, hereinafter referred to collectively as the “Parties”, and individually as the “Parties”, have entered into this agreement (hereinafter referred to as the “Agreement”) as follows:
1. The Subject of the Agreement
1.1 The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to accept and pay for the vehicle (hereinafter referred to as the Vehicle).
Make and model of the vehicle ___________ Identification number (VIN) ___________ Type (passenger car, truck, etc.) ___________ Year of manufacture ___________ Mileage, km. ___________ Engine power, l. With. ___________ Working volume, cubic meters see ___________ Body color___________ Engine model ___________ Engine number ___________ Chassis, frame number ___________ Body number ___________ Vehicle passport ___________ State. number ___________
1.2. The owner of the Vehicle until it is transferred to the Buyer is the Seller (certificate of the right of inheritance according to the law, series _____ No. ________, issued by a notary _________________ "_" ______ ___). Ownership of the Vehicle passes to the Buyer from the moment of signing this Agreement.
1.3. The transfer of the Vehicle is carried out by the Seller at the time the Buyer transfers funds to the Seller to pay for the cost of the Vehicle in accordance with clause 2 of the Agreement.
2. Vehicle cost and payment procedure
The cost of the vehicle is _______ (_________________________________) rubles (VAT is not assessed). Payment for the cost of the vehicle is made by 100% prepayment (cash or bank transfer).
3. Guarantees and liability
The Seller guarantees to the Buyer that:
3.1. The seller is the owner of the vehicle.
3.2. The Vehicle is not the subject of the Seller’s obligations to third parties, including not being the subject of a pledge, the Vehicle is not subject to a ban on registration actions, the Vehicle is not under arrest, is not listed in the databases of the Ministry of Internal Affairs of Russia as a stolen or stolen vehicle and is not has other encumbrances.
3.3. In case of violation of the guarantees specified in clauses 3.1 - 3.2 of this agreement, the Seller undertakes to immediately return to the Buyer the cost of the Vehicle in full from the date of discovery of the corresponding violation.
4. Final provisions
This Agreement comes into force upon its signing by the Parties and is valid until the Parties fully fulfill their obligations under the Agreement. The agreement is drawn up in three copies having equal legal force.
5. Signatures of the parties
| _____/________________ Seller, signature Explanation Cash in the amount of _______ rubles. received. _____/________________ Signature Explanation | _____/________________ Buyer, signature Explanation Vehicle received _____/________________ Signature Explanation |
car purchase and sale agreements between individuals.
After concluding the agreement, make a record of the new owner in the PTS and put your signature in the “Signature of the previous owner” column. The buyer signs in the “Signature of the present owner” column. It is worth noting that a separate entry about the heir (car seller) is not made. Thus, immediately after the entry about the testator comes the entry about the buyer.
To register a car with the traffic police, the buyer will need all the documents for the car, i.e. you must transfer to the buyer: PTS, STS, the original certificate of inheritance or its certified copy, other documents corresponding to the list specified in paragraph 15 of Order of the Ministry of Internal Affairs of Russia dated 08/07/2013 N 605 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on provision of state services for registration of motor vehicles and trailers for them”, if available.
How to re-register a car as an inheritance?
To re-register a car by inheritance, it is necessary to carry out the procedure for making changes to the registration data of the vehicle. In 2021, this can be done in any subject of the Russian Federation, regardless of your place of registration.
Registering a car with the traffic police
The registration details of the car must be changed within 10 days from the date of receipt of the certificate of inheritance.
Please note that to register a car with the State Traffic Safety Inspectorate you will need a valid MTPL policy. To obtain the policy, you will need a diagnostic card issued by the technical inspection operator.
Therefore, after receiving a certificate of inheritance, you need to do the following:
- Pass a technical inspection and receive a diagnostic card;
- Buy an MTPL policy;
To re-register a car by inheritance, you will need the following documents :
- Statement.
- Passport of a citizen of the Russian Federation.
- Vehicle Passport (PVC).
- Vehicle registration certificate.
- Certificate of right to inheritance.
- MTPL insurance policy (the original policy is provided by the driver upon request, but insurance must be issued in any case).
- Receipts for payment of government fees (receipts are provided by the driver upon request, but the fees themselves must be paid).
Amount of state duty in 2021:
- 350 rubles for making changes to the PTS;
- 500 rubles (1,500 rubles) for issuing a paper (plastic) certificate of registration;
- 2,000 rubles for issuing numbers, if you want to get new numbers.
Attention! When registering a car through the government services portal, you can get a 30 percent discount on state fees. Those. the total registration costs in this case will be 1,995 rubles . The discount is valid from January 1, 2021 to January 1, 2023. You can find out more about it in this article.
In addition, I recommend making photocopies of all the documents listed above in advance.
The traffic police also requires you to provide the car itself for inspection .
In general, re-registration of a car by inheritance is not so difficult. It will take no more than one day to do everything. And if there is no queue at the department, you can complete the registration within an hour.
Note. If there are several heirs, then you should either sell/donate all the shares to one of them, or issue written consent to register the car with the traffic police.
Selling an inherited car
If you decide to sell a car that you inherited, things will be somewhat simpler. Currently, intermediate registration for an heir is not required , i.e. You can sell a car without contacting the traffic police.
To do this, you need to find a buyer (how to sell a used car) and conclude a vehicle purchase and sale agreement with him.
Contract of sale
Similarly, you can donate a car by concluding a car donation agreement.
Donation agreement
How to sell a car if there are several heirs.
If there are two or more heirs, then the car is considered jointly owned property. Any of the heirs can sell the car, as this is expressly stated in the law. According to paragraph 2 of Article 253 of the Civil Code of the Russian Federation , the disposal of jointly owned property is carried out by the consent of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property.
To be on the safe side, the heirs can enter into an agreement stating their consent to the sale of the car and assigning this right to a specific heir . Accordingly, the funds received from the purchase of a car must be divided among the heirs in proportion to their shares.
Second option. An agreement on the division of property may be concluded between the heirs. A car is an indivisible property in its essence (you can cut it up, but then you can hardly drive it), if the allocation of a share in kind is not allowed by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to payment of the cost to him his shares by other participants in shared ownership (clause 3 of Article 252 of the Civil Code of the Russian Federation).
Accordingly, upon receipt of compensation, the owner loses the right to a share in the common property (clause 5 of Article 252 of the Civil Code of the Russian Federation).
Thus, it turns out that one of the heirs first pays compensation to the other heirs in proportion to the shares of each, and then sells the car and keeps all the proceeds for himself.
