Valuation of a car for inheritance for a notary: where to do it, nuances of the procedure

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Registration of a car received as an inheritance requires the presence of an established list of documents. Among them, there must be a vehicle (vehicle) assessment report, since the size of the state duty will depend on its conclusion. But property valuation is not the responsibility of a notary. To order a car examination and receive the appropriate paper, the future owner will have to independently find an authorized organization and turn to it for the service.

How to choose an appraiser

To obtain a certificate of appraised value of a vehicle, the heir needs an independent expert organization or an appraiser who is an individual entrepreneur. But when searching for them, it is important to take into account that not all companies that claim competence in the field of car valuation actually have it. And after the examination, the applicant may receive a document that is deprived of legal force and is not suitable for registration of inheritance. Therefore, when choosing a specialist, in addition to the most favorable terms of cooperation, it is important to take into account the following points:

Availability of paper confirming membership in a self-regulatory organization (SRO) of appraisers.
Absence of outstanding or unexpunged convictions for economic, medium and especially serious crimes.
Completion of a training program of higher or additional professional education in an established field of activity, retraining of a specialty.
Good reputation of the SRO and the fact that it is included in the state register.

The activities of SRO appraisers are regulated by Law No. 315-FZ “On Self-Regulatory Organizations” and No. 135-FZ “On Appraisal Activities in the Russian Federation”.

When is the assessment carried out?

As noted above, the assessment of inherited property is necessary to calculate the state duty, which is paid when registering a vehicle by the heirs.

You can order it both during the collection of papers necessary for inheritance, and after acceptance of the inheritance. This ambiguity is explained by the fact that the state duty in the form of a percentage of the appraised value is paid only for issuing a certificate of inheritance. But the document itself, in fact, is not mandatory for entering into inheritance rights.

A certificate of inheritance is necessary to re-register a car to a new owner or sell it. Therefore, if the successors are going to hold off on this or they do not have the money to carry out the assessment and pay the state fee, they can order the assessment later, when the need arises.

But in the case when a certificate of title to an inherited car needs to be obtained as soon as possible, it should be appraised immediately after the death of the previous owner, since the completed valuation act will need to be submitted to a notary to issue a certificate of inheritance.

But at the same time, it is important to remember that the document cannot be issued earlier than six months from the date of opening of the inheritance. When ordering a property assessment, it is important to remember that the assessment report is only valid for 6 months.

Deadline for assessing a car for inheritance

How long it will take for an expert assessment of a car for inheritance depends on several factors:

when a visual inspection of transport by specialists is scheduled;
characteristics of the vehicle (truck, passenger car, minibus, etc.);
professionalism of the company that undertakes the work.

In practice, the period of examination can be: several hours, one to three days, if there are objective reasons - a maximum of a week.

The receiver himself is given six months to take legal rights. After the expiration of the specified period, it is possible to obtain a transport license only through the court. All work must coincide with this allotted period; it is possible to extend the period of entry into one’s rights only for good reasons (state of health, lack of information about the will).

Who can become a customer

In accordance with paragraph 3 of paragraph 1 of Art. 1172 of the Civil Code of the Russian Federation, the assessment of inherited property can be made upon application:

one of the heirs (if there are several future titleholders of the car, it is recommended to draw up an agreement on the distribution of costs associated with the valuation);
executor of the will (if one was indicated in the will of the testator);
guardian/trustee or guardianship and trusteeship authorities (in case of incapacity of the heir);
authorized representative of the heir.

But in fact, some appraisal organizations accept applications online and require the interested person to send them the technical passport of the car, the death certificate of the testator and the passport details of the heir. And at the same time, it doesn’t matter to them who sends this request.

Order of conduct

Before carrying out the examination, you should prepare the car:

Clean from dirt.
Provide appraisers with access to all parts significant for the study (open doors, trunk, hood).

After this, an agreement for the provision of services is concluded between the applicant and the organization (or individual entrepreneur) and payment is made. Next, within a period determined by the parties, the expert carries out appraisal work, including inspecting the car and determining its current value. And upon completion of the assessment procedure, he draws up an act, which he signs and gives to the customer for signature.

The cost of the vehicle is calculated taking into account the market value at the time of opening of the inheritance and is signed by the date of death of the former owner.

Rules for entering into inheritance

If a car is transferred from a deceased person, then a standard script is used for registration. A car is transferred by will or law. In the first case, even strangers can claim it if the deceased owner makes the appropriate decision.

If there is no official document, then the values are divided exclusively between close relatives who are heirs.

Where to contact

If a person has the right to a car that will be inherited, then he needs to contact a notary at the place of residence of the deceased citizen. You can contact any notary office to obtain information about which specialist is involved in this matter.

How is a car valued for inheritance? Watch the video:

Entry into inheritance

The procedure must be performed within 6 months of the person's death. This period is intended to identify all heirs. They take certain steps to register the property.

It is prohibited to use the car at this time, and even various powers of attorney issued in the past by the deceased owner to other persons become invalid.

The entry process is divided into stages:

First you need to contact the right notary;
an application is drawn up;
an inheritance case is opened on the basis of this document;
the machine is assessed;
a fee is paid;
the specialist draws up a certificate confirming that a particular citizen has the right to a car received by inheritance.

The notary must make sure that the applicant for the car is indeed an heir and can claim this property.

What documents will be required?

The specialist must submit the following documentation:

PTS for the car;
certificate of its registration;
assessment report;
death certificate of the former owner.

The future owner must independently order an assessment, on the basis of which he will be provided with a report, since only based on the data from this document can the amount of the state duty be correctly calculated.

What is the duty paid?

As soon as all the documents are collected and transferred to the notary, you must pay the state fee. It is calculated based on the value of the car stated in the appraisal report.

What is needed to evaluate a car?

After correct calculation and payment of the required amount of funds, the heir receives an inheritance certificate from the notary. It is provided only six months after the death of the testator.

Assessment without inspection

However, the assessment procedure does not always have to include a direct inspection of the vehicle. In the absence of serious defects that significantly affect the cost of the car, its value can be determined using the current pricing base for a certain period. And at the same time, an analysis of the actual state of the machine is not needed.

This is very convenient for the following reasons:

There is no need to transport a car located far from the place of residence of the applicant and the appraisal organization.
There is no need to overpay for the assessment (the cost of the procedure does not include the price for inspecting the vehicle and traveling to its location).
The procedure time is significantly reduced.

But it will not be possible to reduce the assessment result in this way - the expert, without access to the object, will not be able to determine its real condition and reflect this in the report. Therefore, the indicator will be averaged.

How is a car assessed for court?

First of all, the parties look for the right specialist. If the candidacy of the appraiser suits all interested parties, an agreement for the provision of services is concluded with him. The procedure can be carried out by one of the spouses.

Next, a certain package of documents for the car is collected for the appraiser. It includes:

vehicle registration certificate;
PTS;
documents on the installation of additional equipment on the car;
documents confirming the technical condition;
other documents if the interested party believes that they may influence the expert opinion.

There are two main options for conducting an examination:

Based on the documentation provided without a visual inspection of the vehicle. The expert determines the average cost of similar cars on the market, studies documents about road accidents, if the car was involved in them, and calculates the possible degree of natural wear and tear that has occurred since the purchase of the car. Then an expert opinion is issued. If the car was involved in an accident and underwent major repairs, its value can be reduced to minimum values.
Full independent examination. For the court during division, this type is usually carried out. In this case, the car is driven to a service center and a thorough inspection of the exterior and internal components is carried out.

After any examination, the specialist draws up a certificate of its conduct, which indicates the cost of the car and the evaluation criteria by which it was determined.

In case of divorce

Valuation of a car for the court, if the division of property is carried out in parallel with the divorce process, is a mandatory procedure. In such a situation, the plaintiff files two claims in court: for divorce and for division of joint property. Two state fees must be paid accordingly.

After divorce

If the marriage is officially dissolved, one statement of claim must be submitted to the court to carry out the division of property. There is no need to apply separately for an examination. Before the trial, it is carried out on the initiative of any of the spouses, and during court hearings, the judge may act as an additional initiator.

Valuation Agreement

The basis for carrying out an appraisal examination of a vehicle can be an agreement concluded between the customer and the appraiser or an organization providing similar services.

The document includes:

The date on which the cost is determined.
Service cost.
Purpose of the assessment.
Car model, year of manufacture and license plates.
Assessment method.
The name of the self-regulatory organization to which the appraiser belongs.
An indication of the standards used in the assessment, whether the specialist has a compulsory insurance agreement.

The agreement is drawn up in writing and signed by the parties to the transaction.

How is a vehicle assessed?

To determine the value of a car, the appraiser performs the following steps:

Market research. Market prices for similar cars are taken into account. The average cost of a vehicle of the same model, year of manufacture and configuration is determined.
Assessment of the external and technical condition of the car. If the car has significant wear or defects that reduce its value, the appraiser makes appropriate notes. The specialist must take into account all the nuances that may affect the final cost of the car.

A car examination can be carried out either with or without a personal search of the vehicle. The nuances of the procedure, as well as the rights and obligations of the appraiser, are enshrined in Federal Law No. 135.

If the assessment is carried out without inspecting the car, the applicant must provide him with the following documents:

passport of a citizen of the Russian Federation;
owner's death certificate;
PTS and STS;
Information about the car's mileage.

It is better to order an assessment with a visual inspection of the car, since this way you can reduce the market value of the vehicle. Accordingly, the heir will have to pay a smaller amount of state duty. External damage, such as scratches, dents, coupled with other car malfunctions, will contribute to a decrease in the market value of the inherited property.

Car Valuation Certificate

The purpose of conducting an appraisal of an inherited car is an expert report. It can be made in paper and/or electronic format and must contain the following information:

The number assigned to him.
Date of preparation.
Information about the agreement concluded between the customer and the appraisal organization/appraiser.
Full name, address, contact details of the appraiser and an indication of his affiliation with a self-regulatory organization of appraisers.
Information about the organization's compliance with legal requirements (in particular about its independence).
Purpose of the assessment.
Exact vehicle specifications.
The method used in the valuation (it can be cost, income or comparative).
List of data that influenced the assessment result and sources of its receipt.
Step-by-step action plan for carrying out the examination.
The amount and purpose of the assessed value.
The date on which the examination was carried out.
List of documents justifying the assessment result.

The report is signed by the appraiser and sealed. A document compiled in electronic form is certified by an enhanced qualified electronic signature.

Price

The applicant will have to pay at least 1,500 rubles . This amount is usually charged for conducting an examination according to a simplified scheme, without inspection.

If the report needs to reflect the cost of the car, taking into account existing damage and/or other features, the cost of the examination may increase to 6,000 rubles .

This is explained by the occurrence of additional work as part of the assessment - personal inspection of the car, travel to its location, transportation costs, etc.

How long does it last

The duration of the work depends on the workload of the selected specialist and the amount of work that he will need to perform within the framework of the concluded contract. But most appraisal companies promise to issue the customer a completed report on the same day of application, and sometimes even within a couple of hours.

Such efficiency occurs when assessing without inspection. If the applicant requires a detailed analysis of the object, it will take more time to complete it. But, if necessary, the client can indicate urgency, and, by paying a little more, receive an appraisal report much faster.

Payment of state duty

After the car evaluation procedure has been completed, you can visit a notary and apply for inheritance. But in order to become the full owner of movable property, you must pay a state fee. Its size, first of all, depends on the cost of the car and the relationship with the testator.

If the legal successor is a close relative of the testator, then the price of the state duty may be less than for a third-party heir. In general, relatives need to pay about 0.3% of the cost of transport. But the regulations indicate the maximum tax amount, which cannot exceed 100 thousand rubles. If the heir has no family ties with the testator, then 0.6% must be paid. The maximum tax in this case is 1 million rubles. The notary must be notified of the payment of the state fee by providing him with a receipt.

Registration of an inherited car

After receiving the certificate of appraised value, the heir can begin to register the rights to the car. To do this, he must present to the notary the established list of official papers:

Vehicle passport.
Title deed of the former owner.
A document indicating the value of the car.
A certificate stating that the car is not the subject of collateral.
Death certificate of the former owner.
An extract from his last place of residence.
Certificate of deregistration of the deceased.
Identity card of the heir.
A document confirming the basis for inheritance of the vehicle (will, birth certificate, marriage certificate, adoption certificate).

Along with the above list of documents, the assignee will need to write an application for the issuance of a certificate of title to the inherited vehicle and pay a state fee.

Assessment procedure

This procedure is regulated by the Federal Law “On Valuation Activities”, therefore only an authorized company can conduct an assessment. The heir must contact specialists, providing all the necessary documents. He studies the papers and draws up a report on the cost of a particular car. It is important that the documents contain reliable information, including all existing defects, the number of car repairs, etc.

Before contacting a specialist to evaluate a vehicle, you must make sure that all certificates are available. Only after this can you provide:

documents confirming the identity of the customer;
death certificate of the previous owner of the vehicle (copy);
registration certificate;
mileage information;
the result of the vehicle inspection;
information about past repair work;
certificate of accident (copy).

After this, the specialist begins to perform his duties. Based on the documents studied, he draws up a report. This is an official document that is proof of the value of the vehicle.

As for the assessment method, often the procedure does not even require inspecting the car itself. Typically, specialists use methods such as income, cost and comparative. And when determining the cost of a car, the following features are taken into account:

year of car manufacture;
mileage information;
condition of the entire body;
engine performance quality;
availability and serviceability of additional systems;
relevance of the car model at the time of the owner’s death;
loss of market value;
average market price of a car.

State duty

The state duty, calculated from the estimated value of the car, will be:

0,3 % - for close relatives;
0,6 % - for the remaining heirs.

A receipt for its payment will need to be attached to the application for acceptance of inheritance submitted to the notary.

Special attention must be paid to the preparation of such an important document as a property valuation report. The heir should ensure the objectivity of the assessment and the independence of the examination in order to exclude the possibility of an unreasonable increase in the value of the car. But this can be difficult to implement in practice, and legal assistance may be required to ensure the safety of the procedure. If this is your situation, write to us via the electronic form on the website https://ros-nasledstvo.ru. We will provide an up-to-date recommendation on your issue free of charge and in the shortest possible time and, if necessary, develop a set of measures to resolve it.

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Property valuation for a notary

The property valuation report goes directly to the notary, who deals with matters related to inheritance.
The notary calculates the amount of the state fee based on the value contained in the assessment certificate. This is why it is so important that the valuation of inherited property be independent and accurate. After all, an incorrectly assessed apartment can become a big ballast for you, since the state duty will be too high. It is worth noting that the customer has the right to choose the organization that will evaluate the property: this way, unscrupulous notaries and appraisers will not be able to profit from the client. The assessment procedure itself is not much different from the procedure for assessing the market value of property. Based on the documents provided (apartment plan, certificate confirming ownership, etc.), comparative valuation and market analysis, the appraiser calculates the market value of the property that is inherited.

Valuation of property for a notary is a necessary procedure not only within the framework of inheritance law, but also in a number of other actions with real estate and other property, when a property valuation report and a certificate with the calculated market value of the object are required. Our appraisers will cope with any task of assessing property for a notary.