Vehicle, including the car as well as any other movable and real estate can be part of the hereditary mass and be an object of inheritance.

In the inheritance of the car there are the same legal norms as in the inheritance of another property. But at the same time, there are also the features of which we will talk below.

In this article, we will inform you about how to enter into a car's inheritance, which documents are needed at different stages of design, as well as the size of the state duty paid when inheriting the vehicle.

It should be noted that vehicles that are provided to a citizen to use the state or local authorities for free or paid on preferential terms in connection with disabilities, as well as for other reasons, after his death is inherited and their inheritance occurs in general.

In Russia, a wide distribution is controlled by a car by proxy. But it should be borne in mind that with the death of the owner who issued a power of attorney, its action stops.

Documents required for the inheritance for the car

Regardless of whether the car inheritance is inherited or by law, it is necessary to prepare documents:

testimony of the death of the testator;

the document that is confirmed by the last place of residence of the former owner of the car, as well as the place of opening the inheritance;

document certifying the identity of the applicant for inheritance;

testament (while inheritance in the will) or a document that is a confirmation of related links of the heir and the testator (in the case of inheritance by law);

TCP (vehicle passport);

a document confirming that the vehicle belonged to the testator (certificate of car registration);

assessment of the cost of the car;

receipt of payment of state duty.

Having collected the above documents, it is necessary to provide them with notary. Notary six months after the death of the former vehicle owner, and gives the heir to the heir about the right of the car's inheritance.

Upon joining the car to the car by the juvenile heir (that is, the person under the age of 18) all actions on the design of documents are made by his parents or legal representatives.

Evaluation of the car for inheritance

In order to arrange their hereditary rights to the car after the death of the testator, it is necessary to make it an assessment. The assessment is necessary for the correct calculation of the size of the state fee, which is paid by the heir.

Important detail: The assessment of the car is not made on the day when it was acquired by the former owner, but on the day of the death of the testator.

In order to evaluate the car, it is necessary to resort to the help of licensed appraisers, which will make a report on the assessment of the vehicle and make accompanying documents.

For the production of the assessment of the car during the entry into the inheritance, it is necessary to provide:

certificate of the death of the former owner of the car;

heir's passport.

When preparing documents for the car's inheritance, you need to remember the period during which you need to do this. This period is limited for six months.

State duty in the inheritance of the car

The car's inheritance provides for the payment of state duty. Its size depends on the cost of the vehicle and on the degree of kinship of the heir and the testator.

In order to enter into a legacy after the death of her husband, father, son, brother and other close relatives, it is necessary to pay state duty in the amount of 0.3 percent of the cost of the car. The maximum duty size should not exceed 100 thousand rubles. Close relatives of the law refer to parents, children, spouses, brothers and sisters (who have both the Father and Mother and Mother).

For other heirs who are not in the above related links, the size of the state duty is 0.6 percent of the cost of the car inherited, while the amount of state duty should not exceed 1 million rubles.

For example: c. Sidakov P.N. Upon joining the car after the death of Brother, he turned to appraisers who appreciated the car at the time of the death of the former owner. The amount of the assessment was 900,000 rubles. Thus, the size of the state duty, which must be paid by gr. Sidakovop.n., Is 2700 rubles.

In the case of inheritance, another person, such as the grain of the testator, he would have to pay state duty in the amount of 5,400 rubles, which is 0.6 percent of the amount of the car's assessment.

Car registration in traffic police

The final stage of entering into the car's inheritance is to register in the traffic police, where documents are reissued to the new owner.

By collecting the necessary documents, having received an assessment and certificate of the right of car inheritance, the heir adds to the traffic police and represents:

certificate of the right to inheritance (original and notarized copy);

document certifying the personality of the heir;

vehicle passport (TCP);

certificate of registration of the vehicle;

policy Osago;

technical inspection coupon;

number plates;

car (for inspection).

Arriving in the traffic police, putting the car on the inspection site, the heir fills the application for removing the vehicle from accounting and on its registration on the new owner. After checking the presented documents and inspection of the car, the new owner receives documents for its name.

Pondering the plan of his actions, before entering into the inheritance for the car, the heir should remember that it becomes possible only after receiving the certificate of inheritance (by law or in the will), i.e. Reference to the notary necessarily. Otherwise, it is impossible not only to dispose of the car (sell, give, exchange, etc.), but also to use it.

Quite often in the hereditary mass includes various cars. Heirs must enter into inheritance and register this property on themselves in the traffic police. Only in this case they become full of car owners, so they can use them for their intended purpose, sell or exchange.

Only in the presence of proper registration will not be applied to a citizen any penalties.

The process is performed in the same way as for another property. To do this, you need to enter into an inheritance, to evaluate the car, pay for the duty and get sv-in inheritance.

It is allowed immediately after receiving the certificate to sell the car without the need to register it in the traffic police, but only 10 days is given to it, so you need to take care of finding the buyer in advance.

What to do if there is one heir

If an inheritance recipient is one person, then such a situation is considered the simplest.

For this, they are performed by the actions:

• initially, it is necessary to find a notary dealing with a specific case;
• a statement and other documents confirming the relationship with the testator are prepared, and also need documentation for the machine;
• the auto assessment is made, allowing to identify which state duty should be paid for entry into the inheritance;
• paid duty;
• upon expiration of 6 months after the death of a person, the heir to the inheritance is issued;
• you need to come to the traffic police for registration for 10 days.

How to arrange documents for the car received inheritance? Watch the video:

The process is considered simple, but if the heir has difficulties or questions, it can take advantage of the help of a professional lawyer.

What to do if there are several

Often the deceased citizen has several close relatives applying for a car. In this case, all the heirs are performed by the same actions as if there are one recipient of the property, but at the same time they are allocated only a certain part of the car.

After registration, several co-owners appear. They independently decide how these property will be disposed of.

How to restore rights yourself? You can find out.

Usually, when finding a compromise, they sell a car, after which the funds extended from this process are distributed between all former co-owners. If they cannot come to one decision, then you have to go to court.

How to register

First, you need to get a certificate of inheritance, for which the necessary documents transferred to the notary are collected by the heir. The machine is estimated, after which the duty is paid. Perform all these actions it is necessary for six months after the death of the testator.

If you do not meet within the prescribed period, the use of the car will be illegal, so when identifying such a violation, the driver is attracted to administrative responsibility.

What documents are needed for traffic police

When registering the machine, which was transferred to a person inheritance, it is required to prepare a certain documentation.

It turns on to:

• application for car registration;
• applicant passport;
• sv-in inheritance confirming the law of a citizen on this property;
• , which should be issued for every car, and you can get it in any insurance organization after providing a SV-Wa about the inheritance and other documents for the car;
• diagnostic card on the machine, outstanding after passage of inspection;
• registration documents remaining from the deceased owner;
• technical paper on the car to which the PTS and other documentation relates;
• receipt for payment of state duty.

How to register ownership of the car?

Important! Often, heirs can not independently engage in the process of registration of the property obtained, therefore, they can make a notarized power of attorney on a friend or relative, so that they are fulfilled by all necessary actions.

There is a possibility that the SV-in will be issued earlier, but for this, the heir should have good and official evidence that there are no inheritance applicants.

The suspension of this period is allowed, for which the court decision is required. After the inheritance is received, it is necessary to contact the traffic police for registration within 10 days. If this period is missing, you will have to pay a fine.

What do you need to register a car in the traffic police? Watch the video:

The registration process in the traffic police is considered simple, and it does not require the preparation of numerous documentation. Often, the procedure does not take more than an hour, but if you do not prepare in advance the necessary paper, it may take registration to two days. It will have to make a policy of OSAGO in advance.

How much is the re-registration

Registration of the car on the heir is performed in the traffic police, and the duty will have to pay for it.

Since 2018, the main services refers:

• the issuance of SV-Va about registration - 500 rubles;
• replacing numbers, if necessary, the new owner is 2 thousand rubles;
• if you need to register, replace numbers and PTS, then 3.3 thousand rubles are paid;
• often, a citizen of another country, who wants to take a car abroad, is often the heir, and in this case, registration is not carried out, but transit numbers are issued, for which 1.6 thousand rubles are to pay;
• if you need to change the name in the TCP in the presence of a free place, then 850 rubles are paid;
• if there is no place for the new record in the PTS, but it is necessary to change the owner, then it is paid while maintaining signs of 1.3 thousand rubles.

It is allowed to use the public service portal to pay for different duties and services, and on this site is offered the opportunity to use discounts, so the financial burden on heirs is reduced.

Is registration online available

On the portal of public services and other services on the Internet there are really many public services that allow you to pay different duties, pay fines or perform other actions. This also includes the opportunity to apply for the registration of a car that has passed into inheritance.

After filling out an email application form, an electronic ticket comes containing a date when you need to come to the traffic police unit with the necessary documents for registration. Additionally, on the website of the State Service, you can pay state duty with a significant discount and print the receipt.

Penalties in violation

If within 10 days after obtaining a sv-va, a car will not be registered for inheritance, then you will have to pay a fine of 1.5 to 2 thousand rubles to the new owner in the amount of 1.5 to 2 thousand rubles.

What responsibility comes when not paying traffic police fines? Read by.

If serious errors are detected in the registration documents, the traffic police officer can be rapidly involved. At the same time, payment will be equal to 2 to 3.5 thousand rubles.

A separate punishment is intended for the heirs who manage the car without registration after the death of the testator, and it is represented by a fine of 500 to 800 rubles.

What are the necessary documents for registering a car? Photo: Sud-isk.ru.

Whether the fines of the past owner are inherited

The legislation clearly indicates that in the adoption of the inheritance, not only values, but also the debts of the deceased person. Therefore, if the testator had different debts and unpaid, they will have to repay new property owners.

Debts are repaid only as part of the value of the obtained values, so if the debt exceeds the cost of the car, it is inexpedient to enter into such an inheritance. You can refuse to pay debts if three years have passed since their appearance.

Conclusion

Thus, if the machine is inherited, it must be timely and properly registered with the heir. If there are disorders, they will be the basis for calculating significant fines. It is important to figure out the right consecutive actions necessary for registration to avoid violations and errors.

The process of registration of the car by inheritance is quite complicated. It consists of several stages, each of which requires specific knowledge.

Man who received a car inheritance, you need:

• collect an extensive package of documentation;
• refer to the notary;
• go to appraisers;
• go to insurers;
• get into traffic police;
• pass inspection;
• pay 2 types of duty.

On how to reorganize the car after the death of the owner, and will be detailed in the article.

The property of the deceased person (and the car in particular) proceeds to the heirs who must adopt it (Art. 1152 of the Civil Code of the Russian Federation).

As indicated in Art. 188 of the Civil Code of the Russian Federation, if a person managed a car by proxy, who previously issued to him by the deceased owner, then after his death, the effect of attorney ends.

You can accept inheritance in two types (Art. 1153 of the Civil Code of the Russian Federation):

1. Send an application to a notarial office (more common option).
2. Take the property in fact (to start enjoying them, produce payments related to it).

The second option does not concern vehicles. To carry out the car inheritance, putting it for accounting in actual adoption, it will take a court decision to establish this fact.

It is impossible to take inheritance (including a car) with a reservation or under any condition (Art. 1152 of the Civil Code of the Russian Federation). For example, it is forbidden to join transport and abandon other property values \u200b\u200bor from the debt of the testator.

To inherit a car according to the rules, you need to follow the shown scheme.

Applying notary

Inheritance, a / m should be inherited for six months. Time begins to flow from the day the man who left his man died.

For this, in accordance with Art. 1113, 1115, 1153, 1154 of the Civil Code of the Russian Federation, it will be necessary to submit a notary at the place of opening of the inheritance (at the place where the testator lived in recent times):

• Inheritance Application

• Application for issuing a certificate of rights to it.

You can combine two applications for the inheritance of the car into one. To do this, in the 1st one must specify the request for the issuance of the certificate of the rights of the heir.

The standard application sample does not exist. But it should be attended by certain information.

For example, in the combined statement it is advisable to indicate:

1. Name of the office and natarius name.
2. Address.
3. Applicant's phoe.
4. His address.
5. FULL NAME.
6. Date of leaving life.
7. Indication on related ties.
8. The last address of the deceased.
9. Listing heirs with degree of kinship and addresses.
10. Specifying the applicant's queue inheritance.
11. The composition and amount of inheritance.
12. For a / m: (brand; year of release; wine code; engine no; evaluation.)
13. Request for the issuance of the testimony of the heir.
14. Date.
15. Signature with decoding.

application

Option 1

In the first case, besides the application, you need to have only a passport (another person identifying a person). A notary representative will explain what documentation will be needed subsequently. It can be detailed to learn in detail from the Methodological Recommendations approved by the Notary Chamber of the Russian Federation 28.02.2007.

Option 2.

In the second case, in addition to the application, it is necessary to collect a set of documentation consisting of:

• passports;
• evidence of the death of a person who left a / m;
• testaments (if available);
• a document certifying a related connection with the deceased (certificate: marriage, about birth);
• certificate of state registration a / m;
• passport a / m (TCP);
• document on the assessment of a / m.

Evaluation

The appraiser must be licensed.

Upon completion of the work, the following documentation set is issued:

1. Conclusion.
2. Report on work.
3. Detailing a / m containing spare parts assessment.
4. Other special documentation.

Important! When the assessment is made without properly decorated documentation or a specialist, which is not licensed, it is returned by a notary - and getting a car after the death of the owner is postponed.

Failing duty for notary

As indicated in Art. 22 The foundations of the legislation on the notarity, for obtaining a certificate of the rights of the heir, it is supposed to pay the duty. And when placing it in a notary, engaged in private practice - tariff.

With a certificate of inheritance, you can go to the insurance organization, as well as to register a car inheritance in the traffic police.

Insurance

For registration of the insurance policy, it is necessary to submit to the insurance company:

1. Application.
2. Passport.
3. Certificate of heir.
4. Registration certificate of a / m.
5. Powerport
6. The diagnostic card (it must be resumed when the expiration date, passing the inspection).
7. Notarial power of attorney to the representative (if available).

After studying the documentation, an agreement with the insurer and the policy is filled.

Back come back:

1. Powerport
2. Certificate of heir.
3. Registration certificate of a / m. in the name of the former owner.

check in

Duty for traffic police

When registering a car, used, it is necessary to mention:

When sending applications and payment of duty through portals of services, its calculation is carried out taking into account the coefficient of 0.7 (Article 333.35 of the Tax Code of the Russian Federation).

How to submit documents

• Change registration data A / M The new owner must continue on 10 days from the date of receipt of the certificate (post. Rights. From 12.08.1994 No. 938, clause 3; Order of the Ministry of Internal Affairs of November 24, 2008 No. 1001 - No. 4 Rules - Next Rules).
• You can put a car for accounting in any branch of the traffic police, regardless of whether it is at the place of registration (stay) or not (rules, p. 24.5).
• You can get into the auto inspection, as you have previously postponed by phone or through a single portal, and without it.
• Another registration request can be submitted in electronic form by attaching the necessary scanned documentation.

This is done with:

• resources of the Ministry of Internal Affairs on the Internet;
• Single portal.

At the same time it will take a simple electronic signature.

• When registering, it is necessary to undergo a procedure for technical inspection of a / m.

Upon completion, who spent his employee:

• passed a mark about the passage;
• assures her signature;
• indicates the name;
• position;
• date and time.

According to paragraph 40 of the Rules, after registration is issued:

1. Registration certificate.
2. Passport with proper marks.
3. Registration signs (if desired).

Fine

When violating the procedure for registering a car for individuals, CACAP in Art. 19.22 It is planned to a fine of 1.5 to 2 thousand rubles. The term for attracting responsibility is 2 months. It begins to flow at the end of 10 days from the date when the new owner had to change the registration data (Obz. Vle. Sun of 06.26.2015 No. 2).

After the A / m is decorated, the owner is obliged to pay transport tax, starting from the date of its registration (Art. 375 of the Tax Code of the Russian Federation).

Causes of refusal

Paragraphs 3, 51 of the rules and 24 of the Regulations talk about the grounds for which transport is not registered by the Avtoyspection.

To them, in particular, belong:

1. Non-payment of duty, no payment data.
2. Feed a set of documentation that is incomplete.
3. Presentation of papers that include false information.
4. Non-compliance with the design of the A / M of the claimed data.
5. Detection of fake, the destruction of labeling, falsification of documents for it.
6. The presence of data on the search for a / m.
7. Lack of insurance.
8. The existence of sanctions on restrictions on registration.
9. The lack of information in the TCP that the utilization fee is paid.
10. Recognition of invalid passports on a / m.

On the website of the traffic police, you can check whether there are prohibitions or restrictions on the registration of a particular car.

Additional nuances

In addition to the above, it is necessary to take into account a number of important points designated in paragraph 16 of the Regulations:

• Cannot make information a pencil.
• Do not accept documents may be due to the presence in the documentation of the obstacles, grinding, and registry.
• All fixes must be certified. That is, the applicant must write: "Corrected to believe", put the date, signature and its decoding.
• The name must be recorded completely.
• The names of Jurlitz are affixed without any cuts.
• When presenting copies, you need to show genuine documents.

Important! For driving a / m, which is not re-registered, in accordance with Art. 12.1 Administrative Code, heir will pay a fine - 500-800 rubles. If he will continue to make a car, he is threatened with sanctions in the form of a fine of 5 thousand rubles. or deprivation of rights for the period from the 1st to 3 months.

From consideration of the question of how to issue a car inheritance in the traffic police, it can be concluded that this process is not easy. But such a procedure is necessary. After all, without the settlement of all formalities - making changes to the registration data of the vehicle - it is impossible to sit behind its steering wheel. At the same time, it is still possible to pay funds in the form of fines, and lose rights.

There are only two ways to receive the property of the deceased citizen:

• in the will. A man in life took care of how his property will go to the heirs;
• according to law. Man did not stated his will in his life.

The car, as the property of the Cordic Citizen, can be inherited in one of the ways. It should be remembered that the inheritance of the car after the death of the owner passes in a rigorous order and must be met at certain times.

If you want to know about all possible ways, read the article of our lawyer who will help to understand this issue.

Heirs of the first stage

In the event that, after the death of a person, there was no testament written by him, the relatives in the order of oddity and kinship are urged to inherit. The heirs of the first stage have a predominant right to get all the property, including the vehicle who owned the deceased relative. Since they are his spouses, children or parents.

Heirs of the second and subsequent queues

Those relatives who belong to the second and subsequent queues of inheritance can only be inherited if there are no persons belonging to the preceding queues in the degree of kinship, or if these persons cannot qualify for inheritance (removed) or refused to enter into a legacy voluntarily .

The 2nd line of heirs is fatal and incomplete brothers and sisters, grandfathers and grandparents on both parent and nephews of the person who died.

The 3rd line is aunt, uncle, cousins \u200b\u200band sisters (cousins).

4th line - great-grandfather and great-grandmothers.

The 5th line - cousins \u200b\u200b(children of native nephews), cousins \u200b\u200band grandfathers (siblings of grandparents).

The 6th line is a cousin (children of cousins), cousins \u200b\u200b(children of cousins \u200b\u200band sisters), cousins \u200b\u200band uncle (children of cousins \u200b\u200band grandparents).

The 7th line - steppes, stepdaughter, stepfather, stepmother.

Deadline

According to the current laws of the Russian Federation, the heirs must accept the inheritance no later than 6 months from the death of the testator. There are cases when the date of the death of a person is unknown, and then it is possible to get inheritance for six months from the day, how a court decision will enter into legal force on the recognition of a citizen who deceased.

If the heirs refused to enter the rights of ownership or removed them, as unworthy, the heirs of the next queue can accept the inheritance for six months from the day the rights of the heirs of the previous queue. That is, from the day of the death of the testator, it can pass a year.

The procedure for entering the car

In order to arrange the rights of inheritance on vehicles, you need to open the hereditary case in the notary. At the moment you can contact any notary, without binding to the place of residence of the applicant or a deceased person. You can do it by appointment or in the order of a live queue. With you, you need to have a certain package of documents, namely:

• personal passport of the applicant's heir;
• testimony of the death of the testator;
• testament or data on the location of its copy;
• if there are no testations, then you need to submit documents confirming the relationship with the deceased;
• documents on the car - STS, PTS. If there were several units of transport in the deceased, then you need to submit documents for each unit, trailers including.

The following practice is usually working: the notary secretary takes the documents from the heir; Indicates the missing that you need to convey necessarily; Appoints the day of appeal to obtain a certificate of inheritance. Then the heirs simply wait for the appointed day.

Conducting a car

To determine the market value of movable property, as an inheritance object, the notary will require a report of an independent expert on its value. The assessment of the car is carried out at the death date of the car owner. The person who claims to receive a car inheritance must independently refer to licensed appraisers and order a report. It will be necessary to submit documents confirming his identity, technical passport and certificate of registration of the vehicle, and, of course, a document on the death of the owner.

As a rule, the report will be ready within 2 - 5 days from the moment of inspection and photographing the car by a specialist.

The size of the state duty for the commission of notarial actions

Rates made by the work of notaries are governed by the Tax Code, Part 2, Art. 333.24. Paragraph 22 suggests that the heirs of the 1st degree of kinship of the testator pay 0.3% of the value of the property of the deceased person, but not more than one hundred thousand rubles. The rest of the relatives will have to pay 0.6%, but not more than one million rubles. This is a state duty. However, together with the state duty, notaries take money for the provision of legal and technical services.

Registration of the hereditary car

How to make a car inheritance in the traffic police? Are there any differences from the registration process as a result of the purchase? The TC registration process takes place on one "scenario established by the law, regardless of how the ownership rights have appeared: after the purchase and signing of the contract of sale, as a result of donation or inheritance.

Order of the registration of the car in the traffic police

The new heir car owner in 2020 has 10 days from the date of receipt of the guidelines from the notary in order to put the vehicle for accounting. Also during this period, you need to have time to undergo a technical inspection of the car, get a diagnostic card and insure over the OSAGO system.

Many citizens do not want to spend an extra time on traveling to the traffic police without a preliminary recording, therefore, they use the electronic services of the State Service "Gosuluga" or MFC (Multifunctional Center for Population Services). The algorithm of action at the same time similar: preparation of documents, filling out applications, payment of state duty and recording for reception to any convenientness for the heir to the traffic police occurs in advance, and at the appointed time it comes to the car to the traffic police, represents the machine for inspection and receives a new CTC and numbers (by wishes).

To register vehicles Currently, it is possible for one visit to the traffic police, without recording, simply in turn. However, it will take much more time.

A package of documentation that must be submitted along with the car during renewal does not depend on the method of appealing to the traffic police.

To register a vehicle, you need to have original documents:

• personal passport of the heir;
• PTS, STS;
• guidelines for notary certificates;
• policy Osago;
• check about payment of state duty.

Car registration cost

The cost of the state service on the re-registration of the car will depend on whether the old state will remain on the bodies. Rooms or heir will prefer to get new ones. The issue price will range for 2000 rubles. It is so much the desire to get new states. signs.

Must under registration will be obtaining a new CTC card (500 rubles) and making changes (data on heir) in the TCP of the car (350 rubles). If suddenly there is no free lines in the technical passport, then you will have to buy a new form for 800 rubles.

Internet resource users of public services can get a discount on a third of the price. Payment must be made by cashlessly through the portal.

Features of registration, if heirs are somewhat

It often happens that the inheritance is divided into parts, and the heirs receive ownership of ownership. Regarding vehicles, this means that when registering, the machine will be framed per person from heirs (at their discretion), and the rest will be listed in the PTS and in the Database of the traffic police. Each of them requires their own (or trusted person) signed statements.

Sale inherited cars

How to sell the car after entering the inheritance? - They ask those heirs who would like to sell it and get cash. If the sales decision is made immediately after entering the right of inheritance, and there is a buyer, then you can skip the registration procedure for yourself. Heir - the car owner can sign a purchase and sale agreement with the buyer and give it to him, whose registration will continue to do it. From the seller, it will only be necessary to imagine a guide document on which he received a car in the traffic police.

Tax on the sale of a car obtained by inheritance

Before the expiration of the skill of motor vehicles in three calendar years, the sale of hereditary property is subject to 13% tax. At the same time, you can use tax deduction of 250,000 rubles. That is, reduce income on this amount and pay down the low income tax.

When it goes over three years from the moment of entry into the inheritance, the sale of the car will not be taxed.

Do I need to pay the debts of the testator?

After the death of a person, all its values \u200b\u200bare distributed between all available heirs. They can be prescribed in the will or be determined on the basis of the requirements of the legislation. Even cars are included in the hereditary mass, therefore people who become recipients of this property should be well understood in the rules of taking into the inheritance of cars.

Cars are inherited in the same way as other types of property to which real estate belongs or other values. For the adoption of such property, standard actions are being implemented and ordinary requirements are taken into account.

There are two situations in which the car can move to a new owner.

These include:

• the deceased person detects the testament, certified by the notary, where it is indicated who becomes the recipient of this or other property;
• there is no testament, so the sequence of heirs is formed from all relatives of the deceased citizen.

Important! Immediately after the death of a citizen, a notary was opened inheritance, after which it is given only half a year for all heirs, so that they presented their rights to property.

What if 6 months for taking the inheritance expired? Watch the video:

During this time, many different nuances may arise, to which the search for all the heirs, the execution of failures from the inheritance and the resolution of disputes arising between different heirs. All cases are considered individually.

The most simple is the case when a specific heir gets a car that is not claimed by third parties.

By the will

An increasingly popular is considered to be a testament. So that it has legal force, it is necessarily notarized. In this document, the citizen himself prescribes who after his death a car will go. It is not allowed to violate the rights of mandatory heirs.

How to get installments on paying traffic police fines? Read by.

According to law

If there is no testament, the sequence of heirs is formed by a notary. If people in the first stage refuse property, it is offered to other citizens. The most close relatives are children, parents and spouses.

If there are no heirs at all, the values \u200b\u200bare transferred to the state.

Nuances of inheritance for the car

The process takes quite a long time and has some significant features:

• the notary must be convinced of the absence of a testament or a change in it by a dead person;
• if the owner has provided the car on the basis of other persons, then all these documents become invalid;
• the heir should prove his right to the car, if there is no testament, so they are prepared different references and other documents.

How much will you have to pay for receiving a car inheritance?

Each hereditary case is individual, so often notaries have to deal with numerous difficulties.

What documents will need

For entry into inheritance, documents are required:

• sv-in the death of the owner of the car;
• help indicating its place of residence, and on the basis of these data it is possible to understand which nonotarius is engaged in this hereditary case;
• if the heir claims the property according to the law, he must confirm that he has related ties with a dead person, and usually enough passport or discharge from the house book;
• documentation on the car itself.

How to buy numbers on the car? All sorts of ways are represented.

If there are different controversial moments, other documentation may be required.

With a single heir

If one person is the recipient of the property, this situation is considered the simplest.

The process is implemented by stages:

• prepared and passed documents notary;
• opens a notary;
• auto assessment in suitable assessment companies, and it is important to pay for this procedure to the heir to the heir;
• after receiving the evaluation report, the duty is calculated, which is further paid by the heir;
• cavitation is transmitted to notary;
• next is issued to the Heir to the inheritance, confirming his rights to the car.

Documents for the inheritance of the car. Photo: Sud-isk.ru.

After that, the car goes into the ownership of a citizen, so it can dispose of it at its discretion.

If there are several heirs

Often, several people pretend to one car. This situation is considered more complex. According to the law, citizens themselves must dispose of this property, so they are accepted by agreed solutions.

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Most often co-owners take inheritance, paying their share of duty, after which they sell the car, and the funds received shared with each other. If they cannot come to a compromise, then you have to solve the problem through the court.

Usually there is a heir who wishes to become the sole owner of the car, therefore pays to other co-owners redemptions. Actually with several heirs to use the help of a lawyer, as well as take into account the provisions of Art. 247 and Art. 252 GK.

Article 247, GK. Possession and use of property in equity property

1 . The ownership and use of property in equity ownership is carried out by agreement of all its participants, and if consent is inhabited, in the manner established by the court.

2. The participant in the share ownership is entitled to the provision of its possession and use of the part of the common property, commensurate its share, and if it is impossible, it is entitled to demand from other participants who own and enjoying property included in its share of relevant compensation.

Article 252, GK. The section of property owned and distinguished from it

1. Property in equity property can be divided between its participants by agreement between them.

2. A participant in the share ownership has the right to demand the separation of its share from the common property.

3. If the participants in the share ownership of the Agreement on the method and conditions of the section of common property or the share of one of them, the share ownership participant is entitled to require the separation of its share from the common property in nature.

If the shares in nature is not allowed by law or impossible without disproportionate damage to property in total property, the allocated owner has the right to pay him the cost of its share by other participants in equity ownership.

4. The disproportion of property allocated in nature a participant in equity ownership on the basis of this article, its share of ownership is eliminated by the payment of the relevant monetary amount or other compensation.

The payment of the participant of the share ownership by the remaining owners of compensation instead of the separation of its share in nature is allowed with its consent. In cases where the proportion of the owner is insignificant, it cannot be really highlighted and it has no significant interest in the use of common property, the Court may, in the absence of the consent of this owner, to oblige the remaining participants in the share ownership to pay him compensation.

5. With the receipt of compensation in accordance with this article, the owner loses the right to share in general property.

What are you having to pay duties and taxes

The fee is paid for the adoption of the inheritance. Its size for close relatives is 0.3% of the price of the car, and it increases to 0.6% of this indicator. All heirs must pay it. No inheritance taxes are paid.

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If the heir who received a car wants to sell it for three years, he must pay personal income tax with the profit. This is charged 13% on sale prices, but from the cost to pre-deduct the deduction of 250 thousand rubles.

Conclusion

Thus, the car is inherited by the same principles as any other property. It is important to determine whether the car is transferred to the will or the law, how many heirs claim him, as well as what actions need to be performed for entry into the inheritance.

The need to pay duty is taken into account, and if the car is sold immediately after design, it is additionally necessary to pay.