Today we have to find out how much a notary’s inheritance costs. Are citizens really not obligated to take property laid down by them? If so, what is needed for this? To understand the topic under study will help the Civil Code of the Russian Federation. It contains basic norms and principles, guided by which, you can find answers to the questions posed. In reality, everything is not as simple as it seems.
Is there a right to refuse?
Can an heir refuse an inheritance? It’s easy to answer. Enough to study the current legislation in the Russian Federation.
Acceptance of an inheritance is the right of every potential heir, but not his obligation. The thing is that, along with material wealth, the debts of citizens pass by inheritance. And therefore, sometimes receiving property from the deceased gives a lot of trouble.
Accordingly, each citizen can accept or not accept the inheritance. He also has the right to refuse it. There are some differences between these operations. About them will be discussed later.
Non-Acceptance of Inheritance
Let's start with the simplest scenario. A person does not have to wonder how much a notary has to refuse an inheritance. After all, the potential recipient of the property simply will not accept the property assigned to him.
The process of non-acceptance is that a citizen does not take any action to obtain property. That is, it is enough just to wait 6 months from the moment the will is opened. After the expiration of this period, the heir will automatically be excluded from the list.
Immediate failure
Nevertheless, this option significantly slows down the process of transferring the inheritance to citizens. Therefore, sometimes you have to act differently.
Many people think about how to refuse an inheritance. You can do this directly at the notary public. The operation boils down to filing an application for the waiver of the property. This must be done within six months after the announcement of the will or death of the testator.
In fact, a citizen informs other heirs that he does not claim property. Canceling the denial in the future will be very problematic. Judicial practice indicates that in fact it is impossible to regain the right of inheritance after refusal in the established manner.
Ways to refuse
How much does a notary public inheritance service cost? The cost varies depending on the region of residence of the citizen. Some prices will be presented later. For starters, you should pay attention to the features of the rejection of property by inheritance.
The following are possible today:
- Refusal in favor of other heirs. In this case, the citizen indicates to whom he transfers his right to inheritance. You can choose only among people who potentially claim the property of the deceased.
- Absolute refusal. Under such circumstances, a citizen simply refuses the inheritance due to him. If there are other heirs, then the property is divided in equal shares by all. Otherwise, the state will be the recipient of the property.
There are no more options for the development of events. To refuse an inheritance in favor of third parties is prohibited by law.
Parts and Shares
According to the Civil Code, an inheritance can be obtained by will or by law. But this is not so important for the rejection of property. It is important to understand that it is not always possible to renounce property.
For example, citizens are forbidden to refuse shares and parts of an inheritance. That is, the heir cannot accept, for example, a house by inheritance, and refuse an apartment. Or get only 1/2 of the housing when he has all the property.
Exception to the rule
Nevertheless, Article 1158 of the Civil Code of the Russian Federation indicates that under certain circumstances, citizens may refuse part of the inheritance. This is possible when the heir receives the property by will and by law at the same time.
In this case, a person can choose how to enter into the inheritance. Accordingly, property that is not transferred by one or another principle is allowed to be abandoned, but only in favor of someone.
Other bans
Any lawyer by inheritance will inform the potential recipient of the property that there are a number of prohibitions on refusals. We already know about some.
Among the other prohibitions, the following features are highlighted:
- one cannot refuse an inheritance with reservations or under conditions;
- the mandatory share of the inheritance does not provide for refusals;
- You can not refuse property in favor of persons deprived of inheritance rights (for any reason).
In fact, with proper preparation, the process under study is not a hassle. But an inheritance lawyer may still be needed. For example, if a citizen changes his mind and wants to restore inheritance rights.
Required share
Of course, in Russian legislation there are a huge number of nuances and features related to the right of inheritance. And all of them will have to be taken into account if the citizen decided to receive or refuse the property.
Some heirs are required to share the inheritance. As already mentioned earlier, to refuse it will not work under any circumstances. Therefore, sometimes property is transferred without fail.
As a rule, the spouse, children and dependents of the testator apply for an obligatory share in the inheritance. This is not an exhaustive list of heirs who cannot refuse inheritance under certain circumstances. It all depends on the particular family.
Procedure
How to refuse an inheritance? Consider the procedure for direct actions through a notary public. Everyone needs to know about this procedure.
So, in order to issue a waiver of the inherited property, it is necessary:
- Find out how much a notary’s inheritance costs. Notarial services are sometimes expensive. And so it makes sense just not to take ownership.
- Generate a package of documents required for the operation.
- Go to a notary public and issue a refusal with him.
- Get a receipt confirming your decision.
At this stage, actions on the part of the heir who has abandoned the property end. The right to inheritance passes to the remaining potential recipients of the property in order of priority.
State duty
In the implementation of the task it is necessary to pay the state fee for the execution of the abandonment of property by inheritance. This payment has certain sizes, which are the same in all regions of the Russian Federation.
Fortunately, this state duty is not too high. According to the Tax Code of the Russian Federation, it is 100 rubles. So much to give for notarization of the inheritance. And nothing more.
Office Services
Now it’s clear how much a notary’s inheritance costs. Nevertheless, sometimes citizens must pay for the services of a notary's office. Because of this payment, some simply wait for automatic exclusion from the list of heirs.
Notary services are different. Somewhere you don’t have to pay for the operation under study at all, in some regions up to 2-3 thousand rubles are paid for the service. This is quite normal. Especially if you turn to private notary offices. Their services are 100% to be paid. But the cost of the operation depends on the region of residence of the citizen.
We collect documents
Now it’s clear how much notary services cost. And how to refuse an inheritance is also clear. Some people have questions in terms of preparing documents for the implementation of the task.
In fact, the package of papers is minimal. In order to register with a notary a waiver of the inherited property, the following documents are required:
- applicant's passport;
- death certificate of the testator;
- certificates indicating kinship with the previous owner of the property;
- documents from the place of residence of the testator;
- extracts with the registration of the recipient citizen;
- certificates of ownership of the property (if any);
- testament (if any).
This is usually enough. A notary draws up a statement of renunciation of the inheritance (a sample of it is presented below), which is subsequently certified, and a certificate of renunciation of property is issued to the heir.
Sample
Below is a sample failure. This document does not have a strict template. The main thing is that it should be submitted in writing and reflect the desire of the heir not to take property.
In addition, it is necessary to indicate in whose favor the denial occurs. Otherwise, the property in equal shares will be distributed among all the heirs of a particular queue.
Summary
From the foregoing, it follows that the receipt of an inheritance is the right of every citizen. It is impossible to refuse him during the life of the testator. This is due to the fact that in fact a person has no inheritance. Therefore, the solution of the problem must be dealt with after the death of the previous owner of the property.
According to the Civil Code, an inheritance cannot be transferred to third parties if you refuse it. However, the testator has the right to register property by inheritance for strangers. To do this, you will have to make and certify a will.