Today we will have to figure out how much it costsrefusal of inheritance at the notary. Can citizens really not take on their property? If so, what is necessary for this? To understand the topic being studied will help the Civil Code of the Russian Federation. It contains the basic norms and principles, guided by which you can find answers to the questions posed. In reality, things are not as simple as they seem.
Is there a right to refuse?
Can the heir give up the inheritance? Reply easy. It is enough to study the legislation in force in the Russian Federation.
Accepting inheritance is the right of everyone.potential heir, but not his duty. The thing is that together with the material benefits, the debts of citizens are also inherited. And so sometimes getting the property from the deceased gives a lot of trouble.
Accordingly, every citizen may or may not accept the inheritance. He also has the right to refuse him. There are some differences between these operations. About them will be discussed later.
Failure to inherit
Let's start with the most simple options for developmentevents. A person will not have to think about how much it costs to refuse a legacy from a notary After all, the potential recipient of the property simply will not accept the property.
The rejection process is thatthe citizen takes no action to obtain the property. That is just enough to wait 6 months from the opening of the will. After the expiration of this period, the heir will be automatically excluded from those.
Immediate failure
Nevertheless, this option significantly slows down the procedure for the transfer of inheritance to citizens. Therefore, sometimes you have to act differently.
Many people think about how to abandon the inheritance.You can do this directly at the notary. The operation is reduced to the filing of an application to waive 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 heirsthat he does not claim the property. To cancel the refusal 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 prescribed manner.
Ways of failure
How much are notary services for hereditarybusiness? The cost varies depending on the region of residence of the citizen. Some pricing will be presented later. To begin with, one should pay attention to the peculiarities of the inheritance of property.
Today the following layouts are possible:
- 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 persons potentially claiming the property of the deceased.
- Absolute failure.In such circumstances, the citizen simply refuses to put his inheritance. If there are other heirs, the property is divided in equal shares at all. Otherwise, the recipient of the property will be the state.
There are no other scenarios. 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 received by will or by law. But it is not so important for giving up property. It is important to understand that it is not always possible to renounce property.
For example, citizens are prohibited from giving upshares and parts of the inheritance. That is, the heir cannot accept, for example, a house by inheritance, and refuse from the apartment. Or get only 1/2 of housing when he put all the property.
An exception
Nevertheless, Article 1158 of the Civil Code of the Russian Federation indicatesthat under certain circumstances, citizens may refuse to part of the inheritance. This is possible when the heir receives property under a will and under the law at the same time.
In this case, a person can choose exactly how to inherit. Accordingly, it is allowed to refuse property that is not transferred on one basis or another, but only in favor of someone.
Other prohibitions
Any lawyer by inheritance will inform the potential recipient of the property that there are a number of prohibitions on waivers. About some we already know.
Among other prohibitions are the following features:
- You can not refuse the inheritance with reservations or under the conditions;
- the mandatory portion of the inheritance does not provide for waivers;
- you can not give up property in favor of persons deprived of their inheritance rights (for any reason).
In fact, with proper preparation, the subjectThe process does not cause trouble. But inheritance lawyer may still be needed. For example, if a citizen has changed his mind and wants to restore the rights of inheritance.
Mandatory share
Of course, in the Russian legislationThere are a huge number of nuances and features associated with the right of inheritance. And all of them will have to be considered if the citizen decided to receive or reject the property.
Some heirs are required to shareinheritance. As it was already emphasized earlier, it will not work out under any circumstances. Therefore, sometimes the property is transferred on a mandatory basis.
For a compulsory share of inheritance, as a ruleclaim spouses, children and dependents of the testator. This is not an exhaustive list of heirs who can not refuse under certain circumstances from the inheritance. It all depends on the specific family.
Procedure
How to refuse an inheritance? Consider the procedure for direct action through a notary. Know about this procedure is necessary for everyone.
So, in order to formalize the refusal of the inherited property, it is necessary to:
- Find out how much the refusal of inheritance from a notary costs. Sometimes notarial services are expensive. And so it makes sense to simply not take property.
- To form a package of documents required for the operation.
- Go to the notary and issue his refusal.
- Get a receipt confirming your decision.
At this stage, the actions on the part of the heir who has abandoned the property end. The right to inheritance passes to the other potential recipients of the property in turn.
State fee
In the implementation of the task you need toIt is obligatory to pay the state fee for registration of the refusal of the property by inheritance. This payment has certain sizes that are the same in all regions of the Russian Federation.
Fortunately, this state fee is not too high. According to the Tax Code, it is 100 rubles. So much to pay for the assurance of the refusal of the inheritance at the notary. And nothing more.
Office Services
Now it’s clear how much it costs to rejectat the notary. However, sometimes citizens have to pay notary fees. Because of this payment, some are simply waiting for automatic de-listing.
Notary services cost differently.Somewhere you will not have to pay for the operation being studied 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% paid. But the cost of the operation depends on the region of residence of the citizen.
Collect documents
Отныне понятно, сколько стоят услуги нотариуса.And how to properly abandon the 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 issue at the notary the refusal of the inherited property by inheritance, the following documents are necessary:
- passport of the applicant;
- death test certificate of the testator;
- certificates indicating the relationship with the former owner of the property;
- documents from the place of residence of the testator;
- extracts with registration of the citizen-recipient;
- certificates of ownership of property (if any);
- testament (if any).
As a rule, this is enough.A notary draws up an application for refusal of the inheritance (a sample is presented below), which is subsequently certified, and the heir is given a certificate of renunciation of property.
Sample
Below is a sample of the 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 the property.
In addition, you must specify in favor of whom the failure occurs. Otherwise, the property in equal shares will be distributed among all the heirs of a particular queue.
Outcomes
Из всего вышесказанного следует, что получение inheritance is the right of every citizen. To refuse him during the life of the testator is impossible. 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 former owner of the property.
Согласно ГК, наследство не может передаваться to third parties in case of refusal from it. However, the testator has the right to inherit property from outsiders. This will have to make and certify the will.
