Registration of inheritance - which notary to contact?

According to the laws of the Russian Federation, the procedure for entering into inheritance rights after the death of the testator takes place in a notary’s office and must fully comply with the requirements of the Civil Code of the Russian Federation. There is another option for entering into inheritance, in the manner prescribed by law.

At first glance, the procedure is not as complicated as it might seem. However, it is often associated with a huge number of nuances and may be accompanied by controversy. Therefore you need to approach very carefully.

How are notaries distributed in inheritance cases?

Almost everyone entering into an inheritance faces a number of difficulties, especially in terms of finding a notary. Not every one of them is involved in registering an inheritance and confirming the right to it. The task can be simplified only by understanding which notary is responsible for what and how their workload is distributed regarding inheritance matters.

A notary, due to the specifics of his activity, deals with absolutely all matters provided for by law. There is no division in their range of activities.

In particular, the range of actions of a notary is very wide, including:

1. Carrying out work at the place of residence of the deceased.
2. Carrying out work in the area to which the deceased is attached - by name. That is, the division is based on the principle of the first letter of the surname.
3. Carrying out work on the location and volume of inherited property.

Let's celebrate! Thus, each of the notaries unquestioningly observes the division in accordance with territorial and other principles accepted in his circles. They have no division by field of activity.

How to transfer a hereditary matter to another notary?

The transfer of authority to register an inheritance to another specialist is regulated by the Rules of Notarial Office Work.

To transfer a case, you will need the following documents:

• statement stating the reason;
• consent of all legal successors;
• consent of the notary who opened the case;
• consent of the notary accepting the case.

The consents of all interested parties are formalized in writing. The package of documents is sent to the notary chamber of the region.

You can replace a notary in the manner prescribed by law under the following circumstances:

• location of the main part of the property in another notarial district;
• long absence of the notary who opened the case.

If any of the applicants for the inheritance appeals the notarial actions in court, the registration procedure is suspended.

Which notary should I contact to register an inheritance?

How to find a notary at your place of residence?

Faced with such an issue as inheritance, many successors simply do not know who and when to turn to. After all, this sensitive topic requires a responsible approach and, of course, a qualified lawyer who could handle the inheritance case. If there is such a situation, you need to contact someone who is more knowledgeable on this issue.

This can be done in:

1. Notary chamber in every locality. As a rule, the notary chamber is the authority that is relevant to all specialists in the region. So they have access to information about which specialist is responsible for a particular inheritance case.
2. Notary office. Each of the specialists can help find the right one, according to the name and address of the deceased.

Is it possible to apply to any notary to register an inheritance?

As a rule, modern legislation provides that only a lawyer can deal with inheritance matters, while it is clearly stipulated that it must be opened on his territory.

However, today the Inheritance without Borders program is operating, within the framework of which it provides the opportunity for citizens to contact any lawyer to register an inheritance in each specific locality.

This allows you to significantly simplify the process of registering an inheritance and makes it as simplified as possible. However, the program has not been introduced in all cities. Therefore, those who are not included in the program are forced to turn to specialists according to the territorial principle.

Let's celebrate! The operating principle of the program is based on the fact that all participants in the process are united by a single base.
That is, regardless of the territory, you can choose a specialist who will manage the affairs.

How are inheritance matters distributed?

The work of the notary in Russia is organized according to the territorial principle (Article 13, Law N 4462-1 “Fundamentals of the legislation of the Russian Federation on notaries”). This means that an inheritance case can be opened by any notary working in the district where the inheritance was discovered.

In addition, many notarial districts provide for an additional alphabetical distribution of inheritance cases. At the same time, several letters are assigned to each notary (with which the surnames of deceased citizens begin).

There are several ways to find the right specialist:

• check with any notary office;
• contact the regional notary chamber;
• use the electronic register of open inheritance cases.

For one open inheritance, only one case is opened. Therefore, the law places special requirements on the procedure for establishing the place where the right of inheritance arose.

Necessary documents for registration of inheritance by a notary

In order to enter into an inheritance, you must provide a package of documents when contacting a notary

Namely:

1. Statement of desire to inherit. Depending on how the inheritance is accepted and the application is drawn up, it is either inheritance by law or by will.
2. Death certificate or decision declaring a person dead. The issuance of such a document is carried out by the Civil Registry Office.
3. A document that proves the identity of the deceased.
4. Documents that prove the identity of the person entering into the inheritance.
5. Documents that can confirm the testator’s recent place of residence.
6. Documents that can confirm the presence/absence of registration for a given living space.
7. Documents that can confirm family ties if we are talking about inheritance without a will. This could be a birth certificate, a certificate from the registry office, a marriage certificate, a document about a change of surname, an extract from the birth certificate, etc.
8. Power of attorney – if everything happens through a representative.

The procedure for opening an inheritance case

The right of inheritance arises on the day of death of the owner. No later than 6 months after this date, the successors of the deceased must declare their desire to receive the inheritance (Article 1154 of the Civil Code of the Russian Federation).

The first stage of accepting property rights is opening an inheritance case.

At this stage, the notary performs the following actions:

• accepts an application to initiate a case;
• explains to applicants the procedure for collecting documents and paying state fees;
• establishes the circle of heirs, creditors, and other interested parties.

The procedure for opening a case when inheriting by law is no different from opening a case under a will.

How to make an application?

The law does not impose strict requirements on the application form. You can draw up an application to a notary yourself or seek help from the lawyers of our website.

The statement states:

• address and name of the notary office;
• personal data of the applicant (last name, first name, patronymic, registered address, actual address, contact phone number);
• information about the testator (last name, first name, patronymic, date of death, residential address);
• information about the will (if any);
• list of heirs;
• information about the degree of relationship (in case of inheritance by law);
• information about the composition of the inherited property;
• list of applications;
• Date of preparation.

You can fill out the form by hand or print it on your computer. The applicant personally signs the document. Blots and corrections are not allowed in the text.

You can submit your application during a personal visit or send it by mail. When using postal services, all documents (including the application) must be certified by a notary at the place of temporary residence (or stay).

For a minor heir, the application is made by the parents (or other legal representatives).

Sample application to a notary for acceptance of inheritance

What documents are required to register an inheritance?

Registration of inheritance rights is impossible without supporting documents.

The main documents that are required to be presented to the notary are presented in the following table.

If an application to accept an inheritance is submitted by another person, a notarized power of attorney is required to represent the interests of the successor.

The complete list of documents presented to the notary is determined by the characteristics of a particular situation.

How much do notary services cost?

When accepting an inheritance, you must pay a state fee. The amount of the payment is fixed in the Tax Code of the Russian Federation (clause 22 of article 333.24).

The tariff is:

• for close relatives – 0.3% of the total price of the inheritance (up to 100,000 rubles);
• for other heirs - 0.6% of the total price of the inheritance (up to 1,000,000 rubles).

Additional costs include legal and technical services of a notary. The cost of specialist work in different regions may vary. The maximum prices for each subject of the Russian Federation are set by the notary chamber of the region.

Learn more about the costs of registering an inheritance in the article How much does it cost to enter into an inheritance from a notary

Cost of notary services

The state has regulated that notaries can charge a fee for their work. This applies to absolutely all cases, including cases that relate to the opening or management of inheritance activities. As a rule, the size of the tariff, or in other words the price, is determined by law and does not exceed the permissible limit.

The cost of registration in this case implies not just the registration of the inheritance, but also the technical and legal aspects associated with this, the cost of which is stipulated by the current legislation, as well as the recommendations of the general meeting of notaries.

Good to know! The total cost of registering an inheritance is also affected by accompanying support that has a price - this is the issuance of certificates, certificates, statements, wills or refusals, as well as orders, issuance of a duplicate, filling out documents, etc.

Cost of notary services:

• The cost of registering a will will be 1,900 rubles;
• If the testator wants to cancel the will, he must leave about 500 rubles;
• To certify a will, you must leave 100 rubles;
• It costs 100 rubles to certify an official sample of inheritance;
• For the certificate of application for granting the right to a certificate, he will require you to pay 100 rubles from your wallet.

It is important to note that, according to the Tax Code of the Russian Federation, for completed notarial actions and the issuance of an official form, it is necessary to pay a fixed cost of state duty. If we are talking about the first and second degrees of kinship, then its size will be equal to 0.3% of the total value of the inheritance. In other cases – 0.6%.

Is it possible to choose a notary yourself?

As a general rule, you cannot independently choose a specialist to formalize inheritance law. Heirs living in other regions must contact the notary office at the place of registration of the deceased owner.

To facilitate the registration procedure, the “Inheritance Without Borders” program has been developed. The system is based on a unified register into which information about notarial acts performed is entered.

As part of the program, an application to open an inheritance case is submitted to any notary office. The specialist checks the availability of a record of the establishment of a case by another notary through an electronic database. This operation allows you to eliminate duplication of the inheritance case.

Advantages of using the service:

• free choice of specialist;
• exclusion of re-institution of the case;
• reducing the time it takes to receive information from other regions;
• saving time for assignees.

Among the shortcomings of the “Inheritance Without Borders” program, the priority of the first appeal is noted. If there are several heirs, only the applicant who submits the application first can choose a notary.

In some regions, the program does not apply to the acceptance of inheritance by law (in the absence of a will).

How and where to get a free consultation?

Inheritance issues are very complex, requiring competence and a responsible approach. It is equally important to have a well-prepared evidence base, accompanied by a competent notary who can help draw up everything necessary. You can use the help of a professional free of charge at your place of residence or ask for help online at one of the services.

Inheritance and inheritance are equivalent and indivisible concepts. If the inheritance passes at the will of the deceased through a previously drawn up will, then the testator must correctly formalize it for himself, including the right to receive it.

It is important to say that the correctness of registration depends on the competence of both the notary and the person himself. In any case, you need to contact a notary who will contribute to the successful advancement of the case.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

Search for open inheritance

There are two ways to find out about the opening of an inheritance:

• make a request to a notary (paid service);
• use the search service on the official portal of the Federal Notary Chamber (FNC).

When opening a case, information about the testator is entered into a single register.

The search algorithm consists of several simple steps:

1. Open the register of inheritance cases on the FNP website – https://notariat.ru/ru-ru/help/probate-cases/.
2. Enter the last name, first name and patronymic of the deceased owner into the search form (the case search is carried out by exact match).
3. Enter date of birth and date of death (optional).
4. Click the “Search Case” button.

If an inheritance case has been opened, the details of the notary who accepted the application for the right to inheritance are displayed on the screen.

Access to the registry is provided free of charge.

How to find out if there is a will for inheritance

Opening an inheritance

Opening an inheritance is an entry procedure. In this case, the receivers have 6 months from the date of death to present their rights to the abandoned property.

The first step is to search for a will. This document is the will of the citizen regarding his property and its distribution among recipients. As a rule, a will is written by a notary in two copies: one copy of the document is given to the applicant, and the other remains in the custody of the lawyer.

Successors can contact any notary in the country to determine the existence of a will. An office employee has access to a document database where you can find out about the fate of the will. In the absence of a will, the rights of the successors will be determined by law (based on the order of succession).

A will can be drawn up not only by a notary, but also by other officials: the head of a company or prison, the chief physician. Heirs under a will have priority right of inheritance.

Is it possible to refuse and choose a better specialist?

If an inheritance case has already been opened, it is impossible to refuse a notary without significant grounds. If you don’t like a specialist or seem to be insufficiently competent, then it will not be easy to refuse him.

When such a decision is associated with real problems and mistakes on the part of a specialist, you should complain about it to the city notary chamber.

If it is determined that the notary does not fulfill his duties in good faith, then a replacement is possible. Otherwise, you cannot change the specialist.

Application for a certificate

Applicants for receiving property after the death of a relative must declare themselves within the period established by law. To do this, it is enough to write an application for entry or issuance of a certificate within six months from the date of death of the testator. There are several opportunities to express yourself:

• Write the application in person to the notary who is handling the inheritance matter. The specialist will certify it and immediately attach it to the rest of the documents.
• A representative (legal or on the basis of a power of attorney) can draw up a document. This possibility is allowed if the receiver is unable to take part in the registration.
• You can write an application in any city with any notary and send the certified document by registered mail to the required specialist. However, you must receive the document in person.

Instead of some categories of recipients, their legal representative may handle the registration of entry. For example, instead of a minor applicant, entry will be formalized by his parents or guardian.

Can I contact any notary?

In contrast to the system that distributes notaries according to districts and according to the alphabetical principle, a project called “Inheritance Without Borders” (NBG) began its activities in the Russian Federation.

The essence of the idea is that successors can use the services of the selected specialist, regardless of territorial and alphabetical distribution. However, this rule applies to cases in which the death of the testator occurred after the entry into force of the new rules. For applicants whose relatives died before the introduction of the NBG, it is expected to contact legal experts according to the old principle.

The program was first tested on August 1, 2005. Thus, inheritance cases opened after this date fall under its scope. Heirs have expanded rights and independently determine how to choose a notary to register an inheritance in any area of ​​their locality.

The sphere of influence of the NBG extends to Moscow and its region (since 2014), St. Petersburg and regional entities (since 2014). In addition, residents of the Chelyabinsk (2014), Novosibirsk (2015) and Irkutsk (2016) regions, Altai (2014) and Perm (2015) territories have such powers. In these constituent entities of the Russian Federation, citizens have the opportunity to choose a notary in any district, regardless of its territorial distribution.

Responsibilities of a notary when working with an heir entering into an inheritance

The activities of a specialist working with heirs are regulated by the federal law on notaries.

The notary is obliged to ensure the legality of the distribution of the inheritance, the safety of the property and explain his actions to the participants in the inheritance case. These manipulations are certified by the signatures of all potential heirs. He may be charged with placing funds in banks and transferring property to persons by proxy. All claims also go through the notary office. When allocating the marital share and its further distribution, all operations are also carried out through him.

Another important point is the search for relatives of the testator to involve them in the division of property. The notary is not obliged to search for them, but is obliged to notify those whose whereabouts he knows about.

He may find contact information in the will or receive it from other heirs. After that, notifications are prepared, which can be issued in paper form. Emails can be sent to clarify the postal address. Relatives and friends have no right to accuse the specialist of delaying the inheritance matter. It can also be delayed by unexpected new circumstances and the appearance of potential heirs at the final stage of paperwork.

Collection of documents

The heir bears full responsibility for the data provided and must provide accurate information.

chosen by the heirs accepts :

1. Application for acceptance;
2. Personal documents – passport and birth certificate;
3. Death certificate;
4. Certificate from the building management company, traffic police;
5. Extract from the Unified State Register;
6. Documents confirming ownership;
7. Evidence of relationship;
8. Marriage certificate;
9. Papers about rights to benefits.

During the conduct of the case, the notary obtains additional written consents from all future heirs, if necessary. For example, such a document may be needed if one of the heirs does not have any documents.

Clarification of information to heirs

The notary carries out various consultations and holds meetings to convey the most detailed information about the ongoing procedures and their consequences.

explanatory work falls within his competence :

• Possible claims from credit institutions or individuals. In this case, the case is suspended, and the potential heirs certify with their signature the fact of the clarification.
• If the property being inherited is encumbered by a loan, the notary is obliged to explain to the heirs the need to repay it. In addition, he must send notice to the bank that the property has changed hands and a certificate of inheritance has been issued.
• If it is necessary to carry out state registration of the transferred property, the notary explains this need to the new owners and informs them of the procedure for further manipulation of the documents.

Property safety

In addition to providing explanations and ensuring the legitimacy of the actions performed, the notary’s competence includes ensuring the safety of property.

He is obliged to take appropriate actions after receiving information about a possible threat.

Violations can be reported by:

1. Credit and banking organizations;
2. Guardianship and trusteeship authorities;
3. Direct heirs.

Expert opinion

Natalia Volkova

Inheritance expert

Ask me a question

Acting as a legal instrument, a notary protects exclusively the interests of future owners. He is obliged to respond to the threat no later than three days after receiving the information. If the estate is located in different places, he has the right to involve his colleagues from other regions for help.