Author of the article: Roman Gavrilov Last modified: January 2021 2515

Entering into an inheritance by proxy is permitted, but for this it is necessary to confirm the powers of the principal. This must be done through a notary. The heirs by law or will must draw up a document in the name of the representative, which will detail the powers of the representative. Without a power of attorney, legal representatives of minors and incapacitated legal successors have the right to accept an inheritance. To do this, they must confirm their relationship with their legal successors by presenting a guardianship order, a guardian's certificate or a minor's birth certificate.

Is it possible to enter into an inheritance by proxy?

Of course, every citizen has the right to impose certain obligations on another person. But for this you need to issue a power of attorney, certified by a notary. Thus, the heir must contact the notary office in advance.

If we are talking about minors or incapacitated heirs, then their interests will be represented by legal guardians. In this case, a power of attorney is not needed. Of course, the exception is those parents whose rights are limited in relation to their children. If there are no parents, the interests of the children can be represented by trustees, adoptive parents, or organizations for orphans.

( Video : “Is it possible to enter into an inheritance by proxy”)

Powers of a Trustee

The principal needs to think in advance what actions the representative will need to perform. Naturally, they must be indicated in the document. If some authority is not specified, then the attorney will not be able to perform this action. In fact, he will not have the legal right to do so. And no government bodies will allow you to perform a certain action if it is not specified in the document. If we are talking about entering into an inheritance by proxy, this document usually contains the following powers:

• filing applications;
• submitting requests to various government agencies;
• payment of related expenses;
• affixing signatures on various documents;
• receiving original certificates and extracts;
• register property and put it on record;
• enter into agreements regarding inheritance;
• sell property or alienate it in another way.

It is extremely important that the trust document lists all the actions that the representative plans to perform. If necessary, other actions can be added to the listed powers. For example, if the principal allows you to delegate powers to third parties, you need to write that the power of attorney has the right of subrogation. It is necessary to understand that a fiduciary is vested exclusively with those powers to which the principal gives permission. Naturally, the representative will not be able to perform an action that is not specified in the document.

How to correctly draw up a power of attorney for inheritance in 2021

It is allowed to use free form to compile the document. You can also find a standard template on our website. Naturally, the power of attorney is drawn up in writing. To certify the document, you will have to contact a notary office. It is the notary who ensures that the document is drawn up correctly. You can also entrust its execution to the office’s specialists. This is how you can be sure that no important points will be missed. It is highly desirable that all information entered into the document be as detailed as possible.

Particular attention should be paid to the choice of representative. You need to know that if it is a minor citizen or an incapacitated person, government authorities will consider this document void. After all, according to the law, only people who are fully responsible for their actions can be representatives. When choosing a trustee, many people prefer lawyers who will protect the interests of the principal in various authorities.

Quite often you may encounter a situation where the heir is a minor citizen who has not yet reached the age of majority. As you might guess, he cannot independently issue a power of attorney to enter into an inheritance. To do this, you will need permission from your official guardian or legal representative. It is worth noting that this guardian has the right not only to write out a power of attorney for someone, but also to independently represent the interests of the minor ward. Moreover, in this case, he does not need a power of attorney, because he is officially the representative of the heir.

What should be in a power of attorney

If the principal asks the employees of the notary office to draw up a document, you can be sure that they will enter all the necessary points here. But in the event that the principal decides to enter information into the document independently, he needs to remember important points:

• the title of the document, which should reflect the essence of its preparation;
• date and city of execution of the power of attorney;
• information about the legal heir;
• if the heir is an incapacitated or minor citizen, his interests will be represented by a legal guardian. Detailed information about it should also be present in the power of attorney;
• information about the person who will inherit by proxy. His passport details and other information that will allow him to be identified without any problems are indicated;
• lists all the actions that the representative plans to perform;
• It would also be useful for the principal to indicate whether the representative has the opportunity to draw up a transfer of power to someone else;
• It is recommended to indicate the validity period of the document. Although this point cannot be called mandatory, since the power of attorney will be considered valid without it;
• information about the notary office that certified the power of attorney;
• the document must be certified by the autographs of the responsible persons. Firstly, it is signed by the principal himself. Secondly, the autograph of the notary who certified the document is affixed here. There is an opinion that the signature of the representative is also mandatory. But that's not true. It is desirable, but even without it the power of attorney will be considered valid.

How to draw up a power of attorney?

Capable citizens who have reached the age of majority can issue a power of attorney. Citizens from 14 to 18 years of age can draw up a power of attorney for a third party with the consent of their legal representatives. The document is drawn up in writing, and the notary certifies it with his signature.

The notary must examine the document and check that its contents comply with legal requirements.

Careful consideration should be given to the powers that will be vested in the trustee.

There are several types of powers of attorney, they differ in the scope of powers and duration of validity. When compiling, you must provide the following information:

• Title of the document;
• the place where it was compiled, indicating the full address;
• information about the heir and authorized representative indicating passport details and places of residence;
• information about the notary and notary office;
• a list of powers that are transferred to the authorized person;
• list of property included in the inheritance estate;
• duration of the document;
• date of preparation of the document;
• registration number of the power of attorney form;
• signatures of the parties and the notary.

You can view a sample form at a notary office and fill it out in the presence of a notary to eliminate possible errors and omissions in the document.

You can issue a power of attorney for any person who can perform actions related to inheritance - for a relative, friend or lawyer. The main requirement for trustees in Russia is reaching the age of 18 and legal capacity.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

Procedure for entering into inheritance by power of attorney

As practice shows, few people know how to enter into an inheritance correctly. For example, if the heir wishes to do this after the expiration of the allotted period, it is possible that he will have to prove his right to the property through the court. If you familiarize yourself with the procedure for receiving an inheritance, you can save yourself from complex and unnecessary procedures.

Inheritance procedure

As a rule, inheritance is obtained in two ways: by law and by will. Thus, after the death of a relative, the legal heir must contact a notary at the place of residence of the deceased. As for inheritance under a will, you need to contact the notary office where it was drawn up and, accordingly, is stored. In addition to the standard package of documents, the heir must also present a power of attorney, which gives the authority to enter into the inheritance to someone else. If the heirs have disputes, the court deals with them. Conventionally, the procedure for entering into an inheritance can be divided into several stages:

• preparation of documents;
• submitting a corresponding application to a notary office;
• valuation of inherited property;
• payment of state duty;
• receiving a document confirming receipt of inheritance;
• registration of property rights with government agencies.

Statement

In fact, it is the application of the heir that can be called the main document with the help of which the procedure for entering into inheritance begins. The document is drawn up in free form. The heir must indicate in the application that he intends to enter into the inheritance with the help of his representative, for whom the corresponding power of attorney is issued.

( Video : “The procedure for registering real estate as property by inheritance”)

Sample power of attorney for inheritance

To enter into the right of inheritance, the successor must contact a notary at the place of last residence of the testator within six months from the date of his death in accordance with Article 1154 of the Civil Code of the Russian Federation.
For this you will need:

• death certificates;
• a document confirming relationship with the testator.

After the successor writes a statement to the notary, an inheritance case will be opened.

After six months, you must return to the notary to obtain a certificate of inheritance.

This document serves as the basis for further registration of the received property as the property of the heir.

The law does not have strict requirements regarding the form and content of a power of attorney - it can be drawn up in free form. However, when drawing up a document, you must adhere to generally accepted rules of document flow.

In order for a power of attorney to be legal and valid, it must be drawn up in writing on a special form, signed by the principal in his own hand, and certified by a notary. The text must be clear and understandable, without abbreviations or corrections, in order to avoid discrepancies, disputes and misunderstandings.

The document must contain the following information:

• Date and place of compilation;
• Information about the principal – full name, date of birth, address, passport details;
• Information about the authorized person - full name, date of birth, address, passport details;
• List of powers to conduct inheritance business on behalf of the heir;
• List of inherited property;
• Signature of the principal;
• Certification inscription, signature and seal of the notary.

You can issue a power of attorney from any notary, regardless of your place of residence and location of the inherited property.

The notary's certification contains information about the identity of the principal, the collection of state duty, the registration number of the document, the signature and seal of the notary.

To issue a power of attorney, you must provide the notary with the following documents:

• Passports (principal and proxy);
• Death certificate;
• A will or documents confirming the relationship with the deceased;
• Documents for inherited property (title and registration);

If necessary, the notary may require other documents, for example, permission from the guardianship and trusteeship authority, if the power of attorney is drawn up on behalf of a minor or incapacitated person.

If the principal does not know how best to write down the list of powers provided, then it is worth consulting with a notary, informing him what specific actions a power of attorney is needed to perform.

As with the principal, the only requirement for the proxy is his full legal capacity (an adult citizen whose rights are not limited by law).

Otherwise, the deal will not have legal force. The person for whom the power of attorney is issued must be aware of the fact that the actions carried out by him under the power of attorney must be performed in the interests of the principal.

To register the right of inheritance, the trustee needs to find out whether the testator left a will.

If there is one, the attorney needs to find out information regarding its location.

If a will has not been drawn up, then the right of inheritance is registered with a notary at the last place of residence of the testator in the manner prescribed by law.

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A power of attorney is issued to perform specific actions that are specified in it. It must be concluded for a certain period and be drawn up according to the rules. Below is an example of such a power of attorney.

Notary office in Ufa

Ufa, st. Gogolya, 15, building 1.

POWER OF ATTORNEY

Ufa, February twenty-eighth, two thousand and fifteen.

I am a citizen of the Russian Federation (full name - principal), born on 12________1990, place - Leningrad, passport 80 10 No.______ issued by the department of the Federal Migration Service of the Republic. Bashkortostan, Ufa 01/11/2010, registered: Ufa, st. Z. Validi, 38, apt. 99, with this power of attorney I grant powers

(Full name – authorized person, passport details)

Conduct an inheritance case to legally secure the rights that have arisen for me to the property that passes to me after the death of (full name - testator), who died on ______ 20, 2015, lived at: (address of last place of residence). In addition, the authorized representative has the right to write an application for acceptance of the inheritance, as well as for the issuance of a certificate of inheritance, protection of my interests in the authorities for state registration of real estate rights and transactions with it, state registration of property rights and transactions with it.

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To do this, I trust to be my representative in any bodies and organizations of Ufa, including the passport office, BTI, Federal Tax Service, Civil Registry Office, notary office, Office of the Federal Service for State Registration of Cadastre and Cartography, write and submit statements for me, and, if necessary, order and pick up copies of lost documents , pay duties, taxes and other expenses, sign documents for me and perform all necessary actions related to the implementation of my instructions.

This power of attorney is valid for a period of six months. It does not give the right to delegate responsibilities.

Thus, a power of attorney is a document that is drawn up in the interests of the heir and can be issued at his request to any person to whom he entrusts the formalization of the inheritance. It must clearly indicate what exactly and for how long the heir entrusts the representative. The power of attorney must be drawn up in the proper form and certified by a notary.

Documentation

To complete the inheritance transaction, you will need to collect a whole package of documents:

• original passport of the heir;
• identity card of the authorized person;
• death certificate;
• certificate from the last place of registration of the deceased;
• documents confirming the relationship between the deceased and the heir. They will be needed if the inheritance is carried out according to the law;
• documents for inherited property;
• extract from Rosreestr;
• a receipt indicating payment of the state duty.

If we are talking about entering into an inheritance by power of attorney, then the representative must have it along with this package of documents. In order for the notary to be able to establish the identity of the authorized person, he must have a passport with him.

Procedure for issuing a power of attorney

After deciding that the procedures will take place through inheritance by proxy, you need to pay a visit to the notary. You can discuss all the necessary points with a notary, he will tell you how to start the entry process, and also provide a power of attorney form with a serial identification number.

The introduction of third parties must be carried out competently, taking into account the main nuances of the inheritance system. Therefore, a general power of attorney for registration of inheritance is drawn up only by a legally savvy person authorized to draw up these documents by a person.

In most cases, a power of attorney is issued simply, quickly, requiring minimal financial and time costs. The notary carries out the registration, tells you how to draw up a power of attorney, and notarizes the validity of the transaction. After certain actions, the power of attorney receives legal force, after which the heir is freed from subsequent paperwork.

• Only after receiving a notarized copy of the power of attorney can a third party begin the process of writing and filing an application for inheritance. Until the document is issued, all rights belong exclusively to the heir.
• The notary must check the attorney's documents so that this person can act as the main person in the transaction. After checking the documents, the notary may require additional certificates, which must be provided.
• Any legal case is built on materials. The nature of the materials is determined by the necessary requirements of the law, but if any papers are missing, you will have to start collecting them. If the heir has limited time resources, the attorney independently handles the collection.
• After checking all the documents provided, the notary makes a decision on the entry into force of the power of attorney. In most cases, a power of attorney is issued fairly quickly, but if a legal entity has a number of questions, or the documents are drawn up incorrectly or are brought in incompletely, the process may be delayed.

Registration of inheritance by power of attorney is a simple legal process, a formality that sometimes, given our laws, seems almost impossible. However, the final decision whether it is possible to formalize an inheritance by power of attorney rests, of course, with a specialized legal entity, which assesses the situation from the perspective of the available documents, which play a decisive role in the entry.

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Expenses

The legislation determines that the party claiming the property is obliged to pay all costs associated with registration. Naturally, it does not matter who exactly will pay the state duty, appraiser services and other expenses. This can be not only the heir himself, but also his representative acting by proxy. The main expenses are related to the payment of state duties. Its size depends on the degree of relationship between the heir and the deceased. So, if a close relative inherits, the state duty is 0.3% of the appraised value. In addition, there are restrictions on the amount. For heirs who have documented close kinship, the amount of the state duty should not exceed 100 rubles. This applies to spouses, parents, children, sisters and brothers. All other heirs are not considered close relatives. This category will have to pay 0.6% of the value of the property. In this case, the duty can reach a million rubles.

In addition, the heirs will have to pay for the services of a specialist who evaluates the property. Its type directly affects the final cost. For example, if we are talking about an apartment, the appraiser will take about 3 thousand rubles. When receiving a certificate from the BTI, you will have to pay an additional 500-600 rubles. A car appraisal can cost 3-5 thousand rubles. The final cost depends on the condition of the vehicle, its type, and whether it can be used for commerce.

Another cost item is the registration of ownership of the property. For example, if we are talking about real estate, registering property rights will cost about 2,000 thousand rubles.

Deadlines

You must declare your desire to inherit within six months after the death of a relative. If the interests of the heir will be represented by an attorney, he must also submit a corresponding application during this period. This period is intended for close relatives who are considered first-line heirs. After this period, other heirs can lay claim to the property. If more than six months have passed since death, and a close relative only wishes to inherit, he will have to set aside his interests in court.