How much does it cost to refuse a legacy from a notary? Article 1158 of the Civil Code of the Russian Federation. Refusal of inheritance in favor of other persons and renunciation of part of inheritance
Today we will have to find out how much it costsrenunciation of inheritance from a notary. Do citizens really not have to take the property they need without fail? If so, what is needed for this? The Civil Code of the Russian Federation will help you to understand the topic. It contains the basic norms and principles, guided by which, it is possible to find answers to the questions posed. In reality, everything is not as simple as it seems.
Is there a right to refuse?
Can the heir renounce the inheritance? It is not difficult to answer. It is enough to thoroughly study the legislation in force in the Russian Federation.
The acceptance of inheritance is the right of everyonepotential heir, but not his duty. It's all about the fact that along with material benefits, the debts of citizens pass by inheritance. And so sometimes obtaining 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 told later.
Let's start with the simplest version of developmentevents. A person does not have to think about how much the denial of the inheritance of a notary costs. After all, the potential recipient of the property simply will not accept the property that is assigned to it.
The process of non-acceptance is thata citizen does not take any action to obtain property. That is, it's enough just to wait 6 months from the moment of opening the will. After the expiration of this period there will be an automatic exclusion of the heir from among them.
Nevertheless, this option significantly slows down the procedure for transfer of inheritance to citizens. So sometimes you have to act differently.
Many people think about how to abandon the inheritance. You can do this directly from a notary. The operation boils down to filing an application for the renunciation of the pledged property. This must be done within six months after the announcement of the will or the death of the testator.
In fact, the citizen informs other heirs,that he does not claim property. To abolish the refusal in the future will be very problematic. Judicial practice indicates that in fact it is impossible to regain the right of succession after refusal in accordance with the established procedure.
Methods of failure
How much are notary services for hereditarycases? The cost varies depending on the region of residence of the citizen. Some quotations will be presented later. To begin with, it is necessary to pay attention to the features of the renunciation of property by inheritance.
To date, the following layouts are possible:
There are no other options for the development of events. Abandon the inheritance in favor of third parties is prohibited by law.
Parts and shares
According to the Civil Code, the inheritance can be obtained by will or by law. But this is not so important for giving up property. It is important to understand that it will not always be possible to renounce property.
For example, citizens are forbidden to refuseshares and parts of the inheritance. That is, the heir can not accept, for example, a house by inheritance, but from an apartment to refuse. Or get only 1/2 of housing, when he put all the property.
Nevertheless, Article 1158 of the Civil Code of the Russian Federation indicates that,that under certain circumstances citizens may refuse part of the inheritance. This is possible when the heir receives property by will and by law at the same time.
In this case, a person can choose how to inherit. Accordingly, property that is not transferred on one or another principle, is allowed to refuse, but only in favor of someone.
Any lawyer will inheritively inform the potential recipient of the property that there are a number of prohibitions on refusals. Some of us already know.
Among other prohibitions, the following features stand out:
In fact, with the correct preparation studiedthe process does not cause trouble. But a lawyer by inheritance can still be needed. For example, if a citizen changes his mind and wants to restore the rights of inheritance.
Of course, in the Russian legislationThere are a lot of nuances and features associated with the right of inheritance. And all of them have to be considered, if the citizen decided to receive or refuse property.
Some heirs are entitled to an obligatory shareinheritance. As already pointed out earlier, it will not be possible to refuse it under any circumstances. Therefore, sometimes property is transferred without fail.
On an obligatory share in the inheritance, as a rule,pretend spouses, children and dependents of the testator. This is not an exhaustive list of heirs who can not refuse under certain circumstances from inheritance. It all depends on the specific family.
How to renounce the inheritance? Consider the order of actions for direct actions through a notary. Know about this procedure is necessary for every person.
So, in order to formalize the refusal of the put property transferred by inheritance, it is necessary:
- Find out how much it costs to refuse a legacy from a notary. Sometimes notary services are expensive. And so it makes sense to just not take ownership.
- Form a package of documents required for the operation.
- Go to the notary and get a refusal from him.
- Receive a receipt-confirmation of your decision.
At this stage of the action on the part of the heir that has refused the property ends. The right to inheritance passes to the remaining potential property recipients in the order of the queue.
When the task is implemented, it is necessary toobligatory procedure to pay the state fee for registration of the refusal of property by inheritance. This payment has certain sizes, which are uniform 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 give for assuring the refusal of inheritance from a notary. And nothing more.
Now it is clear how much is the waiver of inheritanceat the notary. Nevertheless, sometimes, citizens must pay for the services of a notary office. Because of this payment, some just wait for the automatic exclusion from the list of heirs.
Notary services are different. Somewhere for the operation being studied, you will not have to pay at all, in some regions you pay up to 2-3 thousand rubles for a service. This is quite normal phenomenon. Especially if you go to private notary offices. Their services are 100% payable. But the cost of the operation directly depends on the region of residence of the citizen.
From now on it is clear how much the notary's services cost. 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 obtain a cancellation from the notary of the inherited property, the following documents are required:
- passport of the applicant;
- certificate of death of the testator;
- references indicating the relationship with the former owner of the property;
- documents from the place of residence of the testator;
- extracts from the residence permit of the recipient citizen;
- certificates of ownership of property (if any);
- will (if any).
As a rule, this is enough. The notary shall draw up a statement on the rejection of the inheritance (a sample is presented below), which is subsequently certified, and a certificate of the refusal of the property is issued to the heir.
Below is a sample refusal. This document does not have a strict template. The main thing is that it should be presented in writing and reflect the desire of the heir not to take property.
In addition, it is necessary to indicate in favor of whom a refusal occurs. Otherwise, the property in equal shares will be distributed among all the heirs of this or that queue.
From all the foregoing it follows that the receipt ofinheritance is the right of every citizen. To refuse from it during the lifetime of the testator is impossible. This is due to the fact that in fact a person has no inheritance. Therefore, it is necessary to deal with the task after the death of the former owner of property.
According to the Civil Code, the inheritance can not be transferredthird parties in refusing it. Nevertheless, the testator has the right to the registration of property by inheritance to strangers. To do this, you will have to compile and certify the will.