How to re-register a car by inheritance in the traffic police

The procedure for re-registration of a car by inheritance

According to statistics, most people encounter the procedure for entering into an inheritance at most 1-2 times in their lives. That is why it is not surprising that when the question arises, many are simply lost and have no idea where to even start.

The inheritance of vehicles raises the most questions, so today we will talk about how to register a car as an inheritance in the traffic police.

Owning does not mean controlling

It is worth understanding the difference between the concepts of “opening of inheritance” and “certificate of the right to inheritance”.

Open inheritances are made directly on the day of death of the testator. As soon as this happens, all powers of attorney issued for the car lose their force. By confirming his consent to receive a car, in other words, by entering into an inheritance (regardless, by law or by will), a person acquires only the right of ownership to it.

And he acquires the right of disposal only after issuing a certificate confirming the right to inheritance. According to the law, this procedure (registration) lasts 6 months so that the notary can find persons who have the right to the “obligatory share” (or verify their absence). These could be minor children, a disabled spouse of the deceased, dependent people, etc. A complete list of persons can be found in the Civil Code of the Russian Federation.

If you have information that there are no such people, and you can confirm this with evidence, then according to clause 2 of Art. 1163 of the Civil Code of the Russian Federation, the period for issuing a certificate of the right to inheritance can be significantly reduced.

But let's return to our situation. You came to the notary, presented him with all the documents confirming your right to inheritance, and wrote an application. After all this, you will need to evaluate the car to enter into an inheritance, or rather, to calculate the notary fee, which will calculate the amount that the heirs will have to pay for issuing a certificate of title to the inherited property.

For heirs of the first and second stages, it is 0.3% of the market value of the vehicle (but not more than 100 thousand rubles);
For others - 0.6% (but not more than 1 million rubles).

Please note that the valuation of a car for inheritance (assessment of its market value) must be made on the date of death of the testator. The cost of the assessment will depend on the prices of the structure where you want to contact to carry it out.

Now all that remains is to wait the required period and finally receive the desired certificate. And then you will have to re-register the car by inheritance with the traffic police.

Re-registration of a car by inheritance

And the first question is, is there a time limit for this procedure? Of course. From the moment you purchase a certificate confirming your right to inheritance, you have only 10 calendar days to change the registration details of the car .

To do this, you will need a valid MTPL policy, which can only be obtained if you have a diagnostic card. So, having received a certificate of inheritance, we immediately perform the following procedures:

We undergo a full technical inspection and receive a diagnostic card from the operator. Next, we receive compulsory motor liability insurance in our name.

Now you can go directly to the traffic police and deal with the re-registration procedure. To do this, you will need to have with you a package consisting of the following documents (and preferably their photocopies):

MTPL insurance policy;
Passports of a citizen of the Russian Federation;
Certificates confirming the right to inheritance and registration of the vehicle;
Applications for re-registration;
Vehicle passports;
Receipts for payment of state duty.

We would like to add that from January 1, 2015 the amount of the state duty is:

500 rub. — issuance of a registration certificate;
2 thousand rubles - issuing numbers.

In addition to the documents, you will also need to provide the car itself to the traffic police.

Nuances of re-registration

Now you know how to re-register a car by inheritance. However, there is no need to rush. First of all, think about what you plan to do with the purchased car in the future? If you intend to sell or donate it in the near future, then it is currently possible to skip the intermediate registration for the heir.

In this case, you draw up a purchase/sale/donation agreement with another person, and after you receive a certificate of ownership, it is he who deals with all the procedures described above. You will only be required to provide the certificate itself and the contract.

If one car is inherited by several people at once, then it is registered in the name of only one of them (whom is decided by the heirs themselves). The presence of the rest will be noted both in the PTS and in the traffic police documents. The heirs will also be required to submit statements confirming that they agree to register the vehicle in the name of the specified heir.

If you do not want to wait 6 months to inherit a car, you can discuss this issue with the future testator and invite him to draw up a gift agreement instead of a will.

Video: We register a car by inheritance

Fines from the previous owner

Among the things that most concern future owners is the question of whether fines for a car are inherited. Who would want to purchase a vehicle (even for free), which is burdened with fines, the size of which is almost half the cost. In this case, the lawyers' answers are quite ambiguous.

On the one hand, the fine, like any other debt, passes to the heir after he enters into inheritance . This means that if the testator liked to drive on the roads, his heirs will have to pay for it.

However, it is worth paying attention to when the fine was issued. If more than 2 years have passed since that time (or by the time of inheritance it will be 2 years), then according to Art. 39 of the Code of Administrative Offenses of the Russian Federation, the fine will lose its force and may not be paid. Therefore, if you inherited a car burdened with fines, do not rush to pay them. If something happens, you will simply be recognized as a debtor through the court, and there is a very real chance of not having to pay for mistakes that you did not make.

As you can see, the procedure for re-registering a car by inheritance with the traffic police is quite simple. In the absence of queues, it rarely takes more than one day. For those who have already waited their legal 6 months, this period will seem insignificant.

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How to correctly register a vehicle received by inheritance with the traffic police

Quite often, the estate includes different cars. The heirs must enter into the inheritance and register this property in their name with the State Traffic Safety Inspectorate. Only in this case do they become full owners of the car, so they can use it for its intended purpose, sell or exchange it.

Only if there is correct registration, no penalties will be applied to the citizen.

How to register a car by inheritance

The process is carried out in the same way as for other property. To do this, you need to enter into an inheritance, have the car assessed, pay a fee and obtain an inheritance certificate.

What to do if there is one heir

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

To do this, he performs the following actions:

Initially, you need to find a notary involved in a specific matter;
an application and other documents are prepared confirming the relationship with the testator, and documentation for the car is also needed;
the car is assessed, allowing it to be determined what state duty must be paid to enter into an inheritance;
a fee is paid;
after 6 months after the death of a person, an inheritance certificate is issued to the heir;
You must come with it to the traffic police within 10 days to register.

How to prepare documents for a car received as an inheritance? Watch the video:

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

What to do if there are several of them

Often, a deceased citizen has several close relatives who lay claim to the car. In this case, all heirs perform the same actions as if there was 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 they will manage this property.

How can I restore my rights myself? You can find out here.

Usually, when a compromise is found, they sell the car, after which the proceeds from this process are distributed among all former co-owners. If they cannot come to one decision, then they have to go to court.

How to register

First, you need to obtain a certificate of inheritance, for which the heir collects the necessary documents and submits them to the notary. The car is assessed, after which the duty is paid. All these actions must be completed within six months after the death of the testator.

If you do not meet the deadline, the use of the car will be illegal, therefore, if such a violation is detected, the driver will be held administratively liable.

What documents are needed for the traffic police?

When registering a car that was inherited by a person, it is necessary to prepare certain documentation.

It includes:

application for vehicle registration;
applicant's passport;
certificate of inheritance, confirming the citizen’s right to this property;
a compulsory motor liability insurance policy, which must be issued for each car, and you can obtain it from any insurance organization after providing an inheritance certificate and other documents for the car;
diagnostic card for the car, issued after passing the technical inspection;
registration documents left by the deceased owner;
technical papers for the car, which include the title and other documentation;
receipt for payment of state duty.

How to register ownership of a car?

When registering a car with the traffic police, the heir independently decides whether the previous license plates will be retained or new plates will be obtained.

To pay the fee, you can take a receipt directly from the traffic police officers, so you can pay it immediately, and then return to the registration window for subsequent processing.

You can make an appointment in advance with the traffic police on the State Services website, which will save the citizen from having to stand in line for a long time.

Procedure for registration of a vehicle

The process of registering an inheritance is considered standard.

It is divided into stages:

initially the notary opens the case;
he identifies all the heirs to whom a notification is sent so that they can declare their rights to the inheritance of the deceased person if there is no will in which the deceased himself distributes his property among other people;
a person who can lay claim to a car submits an application to a notary, and it must be accompanied by papers confirming the relationship with the testator;
Next, you need to evaluate the car, pay the fee, and only then, after 6 months after the death of the car owner, receive an inheritance certificate;
registration of an insurance policy for a car;
together with it and other documents, you must contact the traffic police within 10 days to register the car.

The period during which it is required to register a car with the traffic police depends entirely on when exactly the inheritance certificate is issued. Therefore, you first need to find out when the notary will present this document to the heir.

Based on Art. 1163 of the Civil Code, a certificate of inheritance is issued only six months after the death of the testator.

It is this period of time that is given to all heirs so that they can lay claim to different property.

What is the environmental class of a vehicle and how to find it out? The answers are here.

There is a possibility that the certificate will be issued earlier, but for this the heir must have strong and official evidence that there are no other claimants to the inheritance.

It is possible to completely suspend this period, which requires a court decision. After receiving the certificate of inheritance, you must contact the traffic police to register within 10 days. If this deadline is missed, you will have to pay a fine.

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

The registration process with 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 the necessary papers are not prepared in advance, registration can take up to two days. You will have to take out a compulsory motor liability insurance policy in advance.

How much does renewal cost?

The registration of the car in the name of the heir is carried out at the State Traffic Safety Inspectorate, and a fee will have to be paid for this.

Since 2018, the main services include:

issuance of a registration certificate – 500 rubles;
replacement of numbers, if necessary for the new owner - 2 thousand rubles;
if it is necessary to register, replace license plates and PTS, then 3.3 thousand rubles are paid;
often the heir is a citizen of another country who wants to take the car abroad, and in this case registration is not carried out, but transit numbers are issued, for which you have to pay 1.6 thousand rubles;
if you need to change the name in the PTS if there is free space, then 850 rubles are paid;
if there is no space in the PTS for a new entry, but the owner needs to be changed, then 1.3 thousand rubles are paid if the signs are preserved.

Is registration available online

The State Services portal and other services on the Internet actually offer a lot of government services that allow you to pay various fees, pay fines or perform other actions. This even includes the opportunity to apply to register a car that has been inherited.

After filling out the application form, you will receive an electronic ticket by email containing the date when you need to come to the traffic police department with the necessary documents for registration. Additionally, on the State Services website you can pay the state fee with a significant discount and print a receipt.

Fines for violation

If the car is not registered for inheritance within 10 days after receiving the inheritance certificate, the new owner will have to pay a fine of 1.5 to 2 thousand rubles.

What liability occurs for failure to pay traffic fines? Read the link.

If serious errors are revealed in the registration documents, then a traffic police officer may be held accountable. In this case, the payment will be equal to 2 to 3.5 thousand rubles.

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

What documents are required to register a car? Photo: sud-isk.ru

Are fines of the previous owner inherited?

The legislation clearly states that when accepting an inheritance, not only valuables are transferred, but also the debts of the deceased person. Therefore, if the testator had various debts and unpaid fines, then they will have to be repaid to the new owners of the property.

Conclusion

Thus, if a car is inherited, it must be timely and correctly registered by the heir. If there are violations, they will be the basis for the imposition of significant fines. It is important to understand the correct sequential steps required for registration in order to avoid violations and errors.

Registration of a car by inheritance after the death of the owner

A car is also property subject to inheritance. As with other objects, its design has its own nuances and features.

What to do with the car after the death of the owner

The only thing that can be done with the car immediately after the death of the owner is to put it in a garage, in a parking lot or in any other place. It cannot be used even if you have a power of attorney. It ceases to be valid in accordance with Article 188 of the Civil Code of the Russian Federation. For further use, the new owner must obtain a certificate of inheritance from a notary, then the car must be registered and continue driving. Or sell it.

However, in fact, most drivers who drive by proxy continue to calmly drive the vehicle, especially if there are no heirs besides them. This fact may even “play a plus” if the heir accidentally misses the deadline for entering into the inheritance (6 months from the date of death of the testator), as it will become the basis for recognizing the actual acceptance of the inheritance.

In the latter case, the fact who looked after the car, repaired and used it will be of great importance. It is recommended to keep all receipts and documents. However, operating under such an invalid power of attorney is still illegal and may cause problems with the police.

Terms of inheritance

When receiving a car as an inheritance, the same deadlines apply as in any other case. Strictly 6 months are given for this. The countdown starts from the day following death and ends exactly six months later. If the end date falls on a weekend or holiday, the deadline is moved to the next working day.

If the fact of death is recognized in court, then the countdown begins the next day after the announcement of the decision. Read more about this here.

Options for inheritance

There are two ways to enter into an inheritance, depending on how exactly it was formalized:

In law. This method assumes that the testator did not have a will. In such a situation, the heir legally receives the right to part of the car (if there are several heirs) or to the whole of it (if there are no other heirs).
According to the will. In this case, it is assumed that the testator has executed a will and all further actions of the heirs must be tied to this document.

How to inherit a car

When the fact of death has been established and the six-month countdown has begun, you must contact a notary for a certificate of inheritance. Only after receiving it can you register or sell the car.

Procedure and procedure

Submitting documents to a notary to obtain a certificate of inheritance. This must be done within 6 months from the date of death of the previous owner.
Check the vehicle diagnostic card. If the deadline has come, perform a technical inspection.
After this, you need to obtain an MTPL insurance policy. Without it, it is impossible to register a car with the traffic police.
The last step is to contact any traffic police department and register. You will need to pay an additional state fee, which can usually be done on the spot. A receipt with all the details will be issued there.

From the moment of receiving the certificate from the notary, the new owner has only 10 days to register the car. Otherwise you will have to pay a fine.

To issue a certificate, the notary will need the following documents:

Death certificate of the previous owner of the car.
Documents confirming relationship. Most often this is a birth or marriage certificate.
Heir's passport.
Previous vehicle registration certificate.
Registration certificate for the car.
Conclusion of the assessment.
Receipt of payment of the duty.

If there is a complete package of documents, the notary draws up a certificate, but issues it no earlier than 6 months from the date of death. An exceptional case: there is only one heir and he can prove it.

Car valuation

For this operation, you can choose any appraisal company. There are a lot of them now and choosing the right one won’t be difficult.

Request licenses to engage in appraisal activities. Without them, the report will not be valid and will not be suitable for the notary. It is recommended to clarify in advance what exactly the assessment is being ordered for.

The following documents will be required:

Documents confirming death (certificate or court decision).
Passport of the customer-heir.
Vehicle registration card.
Car passport.
Certificates of traffic accidents, if any.
Data on machine repair and/or replacement of parts.

It is recommended to prepare copies of all listed documents.

There are two options for conducting an assessment: on-site and remote. For a notary, this moment does not play any role, so in order to save money, it makes sense to choose a cheaper method. In the first case, employees of the appraisal company will arrive at the location of the car, photograph and inspect it, and then begin to draw up a report. In the second case, only documents provided by the client, as well as photographs taken by him, are used.

Based on the information collected, comparing the price of the car with similar offers on the market and making adjustments for mileage, damage and modernization, appraisers will give the final cost. The amount of the state duty will be calculated from this.

How much does it cost, expenses

A car appraisal for a notary costs on average 1-2 thousand rubles, depending on the chosen appraisal company, the complexity of the task and the location of the car.

For the preparation and subsequent issuance of the certificate, the notary will require payment in the amount of:

Example : The deceased Ivan Ivanovich had a car. The only heir, his son Vasily Ivanovich, in order to become the owner of the vehicle, conducts an assessment, during which it turns out that such a car now costs 1 million rubles. He paid 2 thousand rubles for the report. Now you need to pay the state fee. Its size will be 0.3% of 1 million = 3 thousand. Total, at the initial stage you need to pay 3 + 2 = 5 thousand rubles. These amounts are regulated by Article 333.24 of the Tax Code of the Russian Federation. The Tax Code also provides benefits in the amount of 50% for disabled people of groups 1 and 2 (Article 333.38 of the Tax Code of the Russian Federation).

How the car is divided, who will get the car if there are several heirs

The division of inherited property is always a headache. With apartments everything is quite simple, it can be divided into shares, which can then be easily bought out or everyone can live together if the relationship is normal and there is enough space.

With a car everything is much more complicated. According to Article 1141 of the Civil Code of the Russian Federation, all heirs have the right to an equal share. But only one person can drive the vehicle. The car also needs to be maintained, repaired, refueled, paid for insurance and tires changed. Moreover, you can register a car only for one person, who will manage the equipment. There are 3 ways out of this situation:

Share repurchase . In this case, one heir buys up the shares of the remaining applicants for the car. Of course, this is a voluntary procedure. After which he can register the car with the traffic police (traffic police) in the manner indicated below.
Agreement . All heirs agree that registration will be made in the name of only one of them. In this case, the vehicle remains in common ownership, although formally, it will be used by the person to whom the car is registered.
Court . If there is no agreement between the heirs on how to divide the car, keep it or sell it, you can go to court. As part of the consideration of the case, a decision will be made that will have to be followed regardless of whether people agree with it or not.

In addition, the car can simply be sold by dividing the resulting amount between the heirs. To do this, it does not need to be registered with the traffic police. It will be enough to obtain a certificate from a notary and find a buyer. When selling a car inherited earlier than after 3 years of ownership, you will have to pay a tax of 13% on the amount over 250 thousand.

Example : You inherited a car that can be sold for 600 thousand. After receiving the money, the state will have to pay 13% of 350 thousand (600-250 = 350), that is, 45.5 thousand rubles. If the car were sold for 250 thousand or less, then there would be no need to pay tax.

The option of dividing property after the death of a husband or wife looks complex and ambiguous. This implies a situation with inheritance by law, since with a will everything is clear - whoever is included there receives it.

It is a completely different matter if there was no will. In this case, two options are possible:

The car was purchased during marriage and is jointly acquired property. The living spouse is entitled to half the car, even if there are multiple other heirs (such as children).
The car was purchased before marriage, received as a gift or by inheritance. It is the personal property of the husband/wife. Inheritance occurs according to standard rules, in which each claimant to the property receives an equal share.

Example : The husband owns a car that he bought during marriage. The family consists of him, his wife and two children. After his death, half of the car goes to his wife, and the rest is divided between all three. Thus, the children receive only 16.67% of the car each, and the wife, respectively, 66.67%. If the husband had received this car as a gift or bought it before marriage, then the wife would have the right to only a third of the property, as would each of the children.

Regardless of the initial situation, further design is no different from the standard version.

How to re-register a car after the death of the owner in the traffic police

To re-register documents for the new owner, you must first check the diagnostic card and, if necessary, conduct a new technical inspection. After which you need to conclude a compulsory motor liability insurance contract. According to the new rules, it is not necessary to provide it to the traffic police on paper; the fact of insurance is sufficient. The inspector will independently find all the required information in the databases. When everything is done, you can go with a complete list of documents to the nearest traffic police department and register the vehicle.

Electronic queue

For the convenience of motorists, the traffic police have installed terminals through which an electronic queue system is implemented.

How to work with the terminal:

Click on the “Make an appointment” item.
Select “Vehicle registration”.
Please indicate a suitable date and time for your appointment.
Enter the transport passport number and last name of the new owner.
Check the information and click “Agree.”

At the end of the procedure, the person receives a coupon indicating the time and date of the appointment, as well as a number that is displayed in the waiting room.

Re-registration through the public services portal

You can also register a car on the State Services portal:

Go to the portal. Registration required.
Select the item “Vehicle registration”. It can be found in the list of popular services.
Enter the details of the car and the new owner.
Indicate the place and time of registration.
Print the application and receipt.
Pay the receipt.
At the specified time, appear at the selected department with a complete package of documents.

Such a system will significantly reduce the reception time, although it will still not be possible to completely avoid visiting the traffic police.

Registration period

Registration of a car received as an inheritance must occur no later than 10 days from the date of receipt of the certificate from the notary. Starting from 2019, only 1 hour is allotted for the procedure itself, but in practice, with long queues, it may take more time. In rare cases, you have to wait up to 3 days for the queue to pass.

Documents for OSAGO

To obtain an MTPL insurance policy, the following documents are required:

Statement. Filled out right on the spot, according to the form issued by the company.
A certificate of inheritance received from a notary.
Car passport.
Inspection card.
Civil passport of the new owner.

Not only the owner, but also his representative can insure the car. To do this, a power of attorney should be added to all the listed documents.

Documents for the traffic police

To register a vehicle, you need to prepare the following documents:

Owner's civil passport.
Application for re-registration of a car.
Passport for the car.
Vehicle registration certificate.
A certificate of inheritance received from a notary.
OSAGO policy*.
Receipt for payment of state duty.

*If it is not in paper form, it’s not a big deal. The traffic police inspector will be able to find all the necessary information in his database. The fact of existence is important.

It is recommended to prepare copies of all documents in advance.

State duty, fine and insurance payment

The amount of state duty when registering a car:

Registration of a car by inheritance: how to re-register in the traffic police, how to sell, tax

If the vehicle is inherited, it is important to know the intricacies of registering it in your name. Difficulties often arise in re-registration, deregistration or sale. We will touch on all possible nuances and illustrate with examples important points when a car was inherited.

Is it possible for an heir to use a car before it is registered as his own?

Currently, powers of attorney to drive a vehicle are not issued. Whoever received the documents for the car and the car itself has the right to operate it. These actions replace a written power of attorney.

If the testator, during his lifetime, transferred documents and a car into someone else’s hands, from the day of his death the use of such a car becomes illegal. The car must be included in the estate.

And until the heirs and their rights to the inherited property are clear, unauthorized persons (not applicants for the inheritance) must transfer the car to the heirs or a notary.

As practice shows, the heirs continue to use the car. If there are no other claimants to the property, there are no problems. Moreover, before issuing a certificate of inheritance, a notary can issue a certificate of actual acceptance of the inheritance. That is, the car will be in the hands of the heir legally.

Even if the 6-month deadline for entering into inheritance is missed, the court may establish the right to own the car. This basis is called actual entry into inheritance. In this case, it will be taken into account that the actual owner spent his own money on maintaining the vehicle, maintained it and protected it from third parties.

If other claimants to the property appear who object to the ownership of the car by one of the heirs, the situation will be resolved in court (see also who has a mandatory share in the inheritance).

We formalize the entry into inheritance

The first step to turning the vehicle into your property is to register an inheritance:

Entry into inheritance by law (without a will). This occurs according to the general rules provided for any other property. It is enough to be a relative of the testator. You can contact a notary at the place of residence of the deceased, expressing in writing your desire to accept everything that is due to you.
Entry into inheritance under a will. In the case where a will has been drawn up for a car. But just a will is not enough; the heir is also required to obtain a certificate from a notary.

Documents for a notary

After providing all the documents, the notary, six months after the death of the testator-owner of the car, will issue you a certificate of title to the car left to you. But first, to enter into an inheritance, the notary will require the following documents:

Death certificate of a person. The date of death indicated in this document is the date of opening of the inheritance (from this moment all powers of attorney, oral agreements, etc. of the deceased cease to be valid);
Certificate of registration of the vehicle with the State Traffic Safety Inspectorate and PTS. These documents will confirm that the car being inherited belongs to the deceased;
Confirmation of relationship (matrimony) between the deceased and the applicant for the car. Most often this is a birth certificate, a record of children, a passport, an act establishing guardianship, etc. Other documents may also be needed. For example, a daughter-heiress changed her last name after marriage. When entering into an inheritance, according to the law, she must additionally submit a marriage certificate to the notary in order to subsequently receive the car of her deceased father;
Certificate of the value of the car that will be inherited. To obtain such a certificate, you need to order a car appraisal (for inheritance). The notary needs to know about the cost of the vehicle, since the state duty will be determined from this amount;
Information about the place of residence of the deceased (to ensure compliance with the territorial principle);
Receipt for payment of state duty.

How can a minor inherit an inheritance of a vehicle?

There are cases when the heir is a child. In this case, his parents (guardians, trustees) will formalize the right to the share due to the child.

How much should you pay and how to save

Before entering into an inheritance, you must pay the state fee for the notary. It is determined from the assessment of transport. The car is valued on the date of death of the testator. If this is ignored, the notary will refuse to issue a certificate of title to the property left to you. In order for your future car to be assessed according to all the rules, you should contact a professional appraiser who is a member of the SRO (association of appraisers).

Calculation of state duty

if you are a first-degree heir (son, daughter, spouse, brother, sister), then pay the notary 0.3% of the value of the inheritance, but not more than 100,000 rubles.
in other cases, the state duty for notary services is 0.6%, but not more than a million rubles.

In some cases, provided for in Article 333.38 of the Tax Code of the Russian Federation, heirs may be exempt from paying the notary state fee. For example, minors.

In addition, the notary charges a fee for legal and technical services. For 1 car the tariff ranges from 2000 to 3000 rubles. depending on the region of the Russian Federation. This tariff is legal. But the notary must justify the essence of the service. Although the very fact of studying inheritance documents, drawing up and printing a certificate of inheritance, etc., is a service.

It turns out that the cost of registration with a notary will be: state tax plus the tariff for services.

How to save time and money - draw up a gift agreement in advance

You can effectively save time, money on state fees, assessments and significantly simplify the procedure for transferring the vehicle of a deceased relative into your ownership. You just need to prepare a gift agreement in advance (see deed of gift for a car).

If you know for sure that you are the direct heir of your father, grandfather, uncle or other relatives, then you can (of course, with the consent of these persons) in advance, during their lifetime, draw up an agreement to donate a car to you. In this case you:

You won’t have to wonder how to inherit a car and collect numerous documents. It will be considered that, according to the gift agreement, it already belongs to you. You only need to re-register with the traffic police.
in the event of the owner's death, it is possible to use the car immediately, without waiting for six months.

However, it is not profitable to draw up such a gift agreement between non-close relatives, since in this case the donee is obliged to pay 13% personal income tax for the next year after the date of the donation. And parents, children, brothers, sisters, husband, wife are exempt from such payment if they do not sell this car in the next 3 years.

Tax on the sale of a car if you owned it for less than 3 years

Do not forget about the tax when selling a car received as an inheritance. If immediately after issuing the certificate by a notary you decide to sell the vehicle (or owning the vehicle for less than three years), you will have to pay tax. The amount is calculated depending on the price of the property sold.

Any income of a citizen is subject to taxation (personal income tax), and when selling a car that has been owned for less than 3 years, the owner becomes obligated to pay tax. If you intend to sell an inherited car, you should know the following:

the basis for calculating the 13% tax is the sales amount exceeding 250,000 rubles (since the new owner did not incur any acquisition costs);
So, if, according to the purchase and sale agreement, the subject is a car worth 300,000 rubles, then the tax will have to be paid on 50,000 rubles (300,000 - 250,000): 50,000 X 13% = 6,500 rubles.
When selling a car for 250,000 rubles or less, no tax is paid. But the declaration must still be submitted to the Federal Tax Service.

And even in a situation with preliminary registration of a gift agreement, if the car has to be sold earlier than 36 months from the date of ownership, you will also have to file a 3-NDFL declaration and pay tax if the car is sold for more than 250 thousand rubles. (property deduction).

Naturally, if the heir owns the car for more than 3 years, then there is no need to pay tax. There is no need to submit a declaration. The three-year period is counted from the date of receipt of the certificate of inheritance for the car.

Refusal of the inherited machine

If none of the heirs entered into the inheritance, then all inherited property passes to the state. If you miss the six-month deadline for entering into an inheritance with good reason, you can try to restore it in court (see restoration of a missed deadline for entering into an inheritance).

When the debts of the deceased exceed the value of the inheritance, it is better to issue an official refusal to enter into rights to the property of the deceased. In practice, inheritance, including in the form of a vehicle, is refused when the deceased has many unfulfilled obligations. Moreover, one cannot refuse only one type of property, while another cannot be accepted. The refusal is categorical, that is, completely from one’s share. And if you receive an inheritance, then the law obliges you to accept the due share in full along with existing debts. This is not always beneficial for relatives (see who pays the loan for the deceased). You can refuse an inheritance within six months after the death of the testator, even if you have already accepted the property. After an official refusal, it will be impossible to regain the right to accept the due share.

Re-registration of vehicles with the traffic police

a compulsory motor liability insurance policy issued to you;
application for re-registration;
Your general passport;
certificate of right to inheritance issued by a notary;
car registration certificate (in the name of the testator);
vehicle passport with a transfer record (the record is made only by the heir and indicates the details of the inheritance certificate);
receipt of payment of state duty;
directly the car (for inspection).

Since the certificate is a document about the heir as the rightful owner of the car, the 10-day period begins from this day. This certificate confirms the change of ownership. And this is an absolute basis for re-registration of car rights. If this is not done within the specified period, a fine of 1,500 to 2,000 rubles may be imposed.

In 2019, the state duty for car registration is:

850 rub. (500 rubles for issuing a vehicle certificate + 350 rubles for making changes to the PTS) - if you keep your previous license plates.
2850 rub. (2000 rubles for issuing license plates + 500 rubles for certificate + 350 rubles for making changes to the PTS) - in case you want to change the plates.

If you use the State Duma portal, the cost of the fee will be 30 percent less, that is, 595 rubles. or 1995 rub. (depending on the composition of registration actions).

Deregistration of a car under the previous owner occurs simultaneously with registration indicating the new owner, the procedure is completed within one day.

If there are several heirs for 1 car (or a car for two)?

When entering into an inheritance without a will, the car may go to several heirs at once. In this case, the car can be registered in the name of only one new owner, for whom it is up to all purchasers to decide. In this case, the remaining heirs can be indicated in the registration data of the traffic police database, and in the PTS in the “other notes” column.

According to a will, no one assigns a car to several persons, but in the absence of a will, this may well happen. As a rule, the heirs either agree to sell it and divide the funds, or leave it alone and take compensation.

Selling a car without re-registration with the traffic police

According to the traffic police regulations, it is allowed not to register the vehicle to the new owner-heir if the latter wishes to sell it immediately.

Example 1: a young woman who does not have a driver’s license inherits a car. Since her plans do not include obtaining a driver’s license, she wants to immediately sell the car without wasting time registering with the traffic police in her name. You can immediately register the vehicle with the inspection for the buyer, but providing a certificate of inheritance is mandatory in any case.
Example 2: during the life of the owner, the car was not registered with the State Traffic Safety Inspectorate and there is no mark on the owner in the PTS. The question arises - how to sell such a car after inheriting? And in this case, you can bypass the stage of registering with the inspectorate in your name; the law allows the sale of such a car immediately after receiving a notarial certificate. In this case, you will additionally need to pay a state fee of 350 rubles for making changes to the PTS.

Question answer

Yes, this possibility is provided for by the “Rules for registration of motor vehicles and trailers with them in the traffic police.” After receiving a notarial certificate confirming your right to own the car after the death of your father, you can, bypassing the re-registration procedure at the State Traffic Safety Inspectorate, draw up a gift agreement in a simple written form on your behalf. Subsequently, your brother will register the car with the inspectorate, presenting this agreement, and you will also need to present a certificate issued by a notary.

You can re-register a car in your name at the traffic police department of any entity, regardless of where it was registered before. It is important to provide the documents required by law indicating a properly formalized right to own a vehicle.

According to Art. 333.38 of the Tax Code of the Russian Federation, minor heirs (in your case we are talking about the child’s share) are exempt from paying the fee for obtaining a certificate from a notary.

How to re-register a car by inheritance?

Of the large number of various procedures for registering property, you have to deal with registering an inheritance not so often, so the nuances of re-registration of a car inherited are not familiar to everyone. Meanwhile, there are many “subtle” places in it, ignorance of which can significantly complicate the entire process of re-registration of a car by inheritance.

How to register an inheritance?

The car becomes an inheritance from the moment of the owner's death. At the same moment, all previously executed powers of attorney for the right to manage it immediately lose their legal force.

When the heir submits his application to the notary, in which he indicates his consent to enter into the inheritance, the transfer of ownership of the vehicle from the deceased to the heir is formalized. It is very important to understand that at this moment the heir cannot take the car and put it up for sale or in any other way decide its future fate. For the next 6 months, the car will remain in the garage until the inheritance procedure is fully completed.

The acquisition of ownership, in this case, does not give the right to dispose of the car until the heir has properly prepared a certificate of inheritance. The heirs will be able to do this only 6 months after the opening of the inheritance.

The notary has a period of six months at his disposal to take all necessary measures to find all heirs (children, dependents, spouses, etc.). The time can be significantly reduced if the heir (in accordance with paragraph 2 of Article 1163 of the Civil Code of the Russian Federation) provides the notary with documentary evidence of the absence of other heirs. If other heirs show up and declare their rights, the procedure will be complicated, since in the future everyone will be allocated a share of the car by law or by will.

To register a car as your property, you must submit to the notary not only a statement of consent to enter into an inheritance, but also documents confirming the rights to this inheritance (a will, documents confirming the fact of kinship). Additionally, you will need to provide an expert assessment of the car so that the notary can calculate the fee for issuing a certificate of inheritance, according to the current rates:

If the car is registered by heirs of the 1st or 2nd stage, then the amount is equal to 0.3% of the valuation (no more than 100 thousand rubles).
The rest are required to pay 0.6% (but not more than 1 million rubles).

It is necessary to draw up a car valuation only on the date of opening of the inheritance, otherwise it will not be taken into account by the notary. The cost of an expert’s services in each specific case is determined individually, according to the tariffs of the organization in which he works.

After receiving an expert's opinion on the value of the car on the date of opening of the inheritance and presenting it to the notary, you will have to wait for the period specified by law, and only after that receive a certificate of the right to inheritance. The next stage of the procedure will be the re-registration of the car by inheritance at the local traffic police department.

Re-registration of a car by inheritance in the traffic police

It is extremely important, after issuing a certificate of inheritance, to immediately begin the procedure for re-registration of the car, since the law allots a very short period of time for this procedure - only 10 calendar (not working!) days. If you miss this line, you will also have to spend money on a fine. The new owner will need to, without wasting time, choose an insurance company and conclude a compulsory motor liability insurance contract in his name.

To buy a car license, you must present to the office of the selected insurer not only documents for the car and driver’s license, but also a valid diagnostic card. You can get it at a service station. That is, with a certificate of inheritance in hand, the new owner must first go to a service station, where he will undergo a technical inspection, and then, with a diagnostic card, enter into an MTPL agreement.

With a new MTPL policy, you can go to the traffic police and go through the actual procedure of re-registration of a car by inheritance. The complete documentation package required for this includes:

OSAGO policy;
Heir's passport;
Certificate of right to inheritance;
Vehicle registration certificate;
Application for re-registration of a car by inheritance;
PTS;
Receipt for payment of state duty.

The state duty is 500 rubles. for issuing a registration certificate, and for new numbers - 2 thousand rubles.

Important : re-registration is carried out only upon presentation of the car itself, so you should take care of its delivery to the traffic police department in advance.

In the form below this article, you can ask a free question to a car lawyer, and also request a sample application to the traffic police for re-registration of a car by inheritance.

Subtleties of the re-registration procedure

It would not be amiss to think long before the end of the procedure for re-registration of a car by inheritance about what to do with it afterwards. For example, there is no need to re-register the car in your name if it is later sold. The re-registration must be carried out by the new owner, while the heir just needs to receive a certificate of the right to inheritance in due time. Of course, finding a buyer must be done in advance.

It’s a different matter when the car is inherited by several heirs at the same time . In this case, the car is registered on behalf of only one of them. The remaining owners will be entered into the PTS, and this information will be entered into the traffic police database. When submitting documents to the traffic police for re-registration of a car by inheritance, it is additionally necessary to submit written statements on behalf of the remaining owners about their consent.

The waiting time for entering into an inheritance can be significantly reduced if the testator draws up not a will for his car, but a gift agreement. Then there will be a simple transfer of ownership, and the heir will only be able to go through the procedure of re-registering the car with the traffic police, bypassing the lengthy procedure for entering into an inheritance.