Is it possible to register an inheritance with any notary in the Russian Federation?

Where to start registering an inheritance?

The Civil Code of the Russian Federation (Article 1111) distinguishes two forms of inheritance: by will or by law.

The procedure for entering into inheritance consists of the following stages:

Visit to a notary's office.
Submitting an application for ownership.
Preparation and submission of documents confirming legal succession.
Payment of state duty.
Obtaining a document on the rights of the heir.

The procedure begins with the opening of the inheritance. To receive inherited property, it is necessary to correctly establish its location.

The place of opening of inheritance by law is considered to be the last address of the actual residence of the testator (Article 1115 of the Civil Code of the Russian Federation). If it is impossible to determine the exact place of registration, the inheritance case is opened at the address where the main part of the property is located.

If there is a will, the registration of succession is carried out by the notary who drew up the inheritance order.

Which notary should I contact to register an inheritance?

The general rules contained in the Civil Code of the Russian Federation indicate that inheritance is opened at the last place of residence of the deceased person.

If a citizen died in St. Petersburg, then you can apply to any city notary office to take over your rights.

Deadlines

The legislation allocates 6 months, counted from the date of death of the citizen, for registration of inheritance. However, there are also difficult situations.

For example, the day of a citizen’s death cannot be determined for certain. In this case, a court decision will be needed to declare the person dead. And the date indicated in it will become the starting point for registering the inheritance.

If the time to contact a notary has been missed, then the court will help you get out of the situation. He can not only restore the period for the interested person to accept the inheritance, but also recognize by his decision the rights to the property.

It is advisable to contact the justice authorities when objective circumstances prevented a timely visit to the notary. Otherwise, there will be very vague prospects for resolving the issue in one’s favor.

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.

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:

Carrying out work at the place of residence of the deceased.
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.
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.

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 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.

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

Application for acceptance of inheritance and issuance of a certificate 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.

Document type	Peculiarities
Death certificate	Issued by the civil registry office at the place of registration of the deceased. A judicial act recognizing the testator as deceased can be used as evidence.
Identity card of the legal successor	Passport of a citizen of the Russian Federation or birth certificate of minor heirs.
Will	It is necessary to have a note that the will has not been revoked (the entry is made by the notary who certified the document when it was drawn up).
Confirmation of kinship (in case of inheritance by law)	Birth certificate, marriage certificate, change of surname; court decision on recognition as a family member.
Certificate (extract) about the place of residence of the deceased	Serves as proof of the correct choice of a notary.
Certificate of assessment of inherited property	Required for calculating state duty. Drawed up on the day of opening of the inheritance.
Property documents	Title documents for real estate (extract from the Unified State Register of Real Estate, privatization act, purchase and sale agreement, etc.), registration certificate for the vehicle, bank statements.
Receipt for payment of the mandatory fee	Paid not only when accepting an inheritance, but also when refusing inherited property

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%.

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:

Open the register of inheritance cases on the FNP website – https://notariat.ru/ru-ru/help/probate-cases/.
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).
Enter date of birth and date of death (optional).
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