How much does it cost to enter into an inheritance from a notary in 2020: by law and by will

Benefits for paying state duty

How much does it cost to register an inheritance for property if there are two documents with different values?

What other expenses for a lawyer may arise in complex cases?

Each heir, before registering his rights, inevitably asks the question of how much it costs to enter into an inheritance. Concern about this is quite reasonable, because often the value of the property transferred into ownership barely covers the expenses associated with its inheritance.

Today’s article will talk about the costs at each stage of conducting an inheritance case, the amount of state duty and additional notary fees. In addition, the tips given in the article will help you significantly save your own savings.

What expenses do successors bear when entering into an inheritance?

The amount of payment for notary services consists of several components.

These include:

state duty for drawing up a document confirming the authority to inherit the estate;
payment for legal and technical services (hereinafter referred to as UPTH).

In addition, the successors will need to pay a deed that reflects the value of the property passing from the deceased. Other unplanned expenses may arise.

The amount of state duty upon entry into inheritance

How much it costs to inherit under a will for an apartment in 2020 is also determined depending on the degree of relationship between the deceased and the one who takes the property into his own ownership.

This factor affects the amount of state duty:

if a close relationship is established between persons, then a fee of 0.3% is charged;
when property passes to a distant relative, the state duty is 0.6%.

The payment does not change even if there is a will. Both cases involve restrictions on the maximum amount. In the first case it is 100,000 rubles, in the second – 1,000,000 rubles.

Amount of duty if there are several heirs

When there are several legal successors, the notary's services must be paid by each of them. This rule is reflected in the provisions of Article 333.25 of the Tax Code of the Russian Federation. The amount is determined in proportion to what share goes to each citizen.

Departure of a notary to the office

Tariffs for the transfer of rights on the basis of law are set equally for all heirs. When there is a will, the amount is divided in accordance with how the property is divided between citizens.

If at the time of death a person still has minor children or other relatives who have lost their ability to work, they are allocated a mandatory share in the inheritance mass. In this case, what is stated in the will is not taken into account.

The size of the share is equal to half of the part that would pass to the citizen during legal inheritance.

How much does it cost to apply for an inheritance with a notary?

» Inheritance disputes October 18, 2020

How much does it cost to register an inheritance with a notary?

Since for many people the sale of property does not make sense, today it is practiced to transfer it by will. A person has the right to make a will, which will determine who will manage his inherited property after death. If you have the mission to accept an inheritance, then you must be mentally prepared to know how much it costs to register an inheritance with a notary. A person will have to pay the required amount of money in order to legally formalize the inheritance procedure.

Most often, the closest relatives receive the right to inheritance after the death of the mother, when the father dies, or when the grandmother dies in the village. In general, you can issue a certificate of inheritance for various material things such as:

vehicle
privatized apartment
House
land plot
expensive piece of art
securities.

Most often, the inheritance is a plot of land, an apartment or other real estate.

Prices for registering an inheritance with a notary and what they may depend on

Let's consider the main types of services provided by notaries related to inheritance matters.

How much does it cost to make a will?

You need to know that the state requires the notary to pay a state fee for his services in the amount of 100 rubles. In addition, the notary, of course, will charge a certain fee for his work and its results.

It is almost impossible to accurately answer the question of how much it costs to register an inheritance with a notary. You need to find out the exact cost at your place of residence. After all, the price in each city may be different. Even in the same city, different notaries may charge different prices for their services. The minimum payment for such a transaction can be around 500 rubles. At the same time, it should not exceed the threshold of 1000 rubles.

Can citizens write a statement themselves?

By law, it is acceptable to submit your applications. At the same time, practice shows that ignorance of the intricacies of this matter leads to the fact that the compiled text will contain errors. This happens even when a similar sample lies in front of a person. Here you cannot do without qualified legal advice. However, if a person has real experience in this matter and can do everything competently, then the entire process of inheritance affairs will be low-budget.

You will only need to pay the state fee.

Who has benefits for paying state duty?

State duty may not be paid:

minor child
WWII participant
people who have been subjected to repression throughout their lives
Heroes of the USSR and Russia
a person who lived in the house with the former owner. The length of stay must be at least six months.

Donation or Will - which is better?

In both cases there will be financial costs. The question is which one will have to pay less.

When donating, you need to pay for the following services:

Drawing up a contract. Notarization will require a payment of 0.5-1% of the value of the entire property. You will need to pay from 2 to 5 thousand rubles for drawing up the contract.
Registration of the agreement in the state register. Prepared documents must be submitted. The services of a specialist in this field will cost 5,000 rubles. Registration of the contract and property rights will cost 2,000 rubles.
When the inheritance is a one, 2 or 3-room apartment, you will need to pay personal income tax. And this is 13% of its total price.

When entering into an inheritance by will, you will need to pay for the following services:

The cost of a notary's assistance in drawing up a will will cost 1,000 rubles.
To obtain a certificate of inheritance rights, a price of 0.3% of the value of the inheritance itself is paid. For relatives, this amount should not exceed 100 thousand rubles, and for other citizens - 0.6% of the total value of the inheritance.
You can submit all documents to the state register yourself. The services of specialists will be valued at 5,000 rubles.
There is no payment for personal income tax.

From this it is worth concluding that if you apply for a gift, the inheritance will go to relatives with less financial costs. If you look from the other side, then a deal with strangers will be profitable in the case when the inheritance will be drawn up by means of a will. Here it is better to pay 0.6% than 13%.

Assessed value

From all this it is also clear that the specific amount of money that will need to be paid depends on the inventory value, which determines the basic amount of the tax. It is determined by an appraiser, who comes and sets the final value of the entire inheritance.

If this is an apartment or a private house, then the following are mainly taken into account:

total area of the room
communal amenities
the year in which the premises were built.

Notary tricks

A notary can issue a certificate of inheritance in different ways. If we talk about several items of inheritance that are claimed by several people, the notary can take advantage of the situation. He can issue as many certificates as possible that will confirm all rights to the inheritance. Of course, each copy costs a lot of money. In this case, it is better to refuse him and ask him to issue one certificate for everyone.

After completing all the procedures and paying the full amount, the heir will receive not just a certificate, but all the necessary documents that will confirm his right to the inheritance.

Number of crimes in Russia

How much does it cost to register an inheritance with a notary?

A person will have to pay the required amount of money in order to legally formalize the inheritance procedure.

Most often, the closest relatives receive the right to inheritance after the death of the mother, when the father dies, or when the grandmother dies in the village.

A certificate of inheritance can be issued for various material things.

This list includes:

- Vehicle

— Privatized apartment

— Land plot

— Expensive piece of art

- Securities.

Most often, the inheritance is a plot of land, an apartment or other real estate.

Cost of notary services for drawing up a will

You need to know that the state requires a notary to pay a state fee for his services in the amount of 100 rubles. In addition, the notary, of course, will charge a certain fee for his work and its results.

Availability of benefits when registering an inheritance

The cost of notary services when registering an inheritance in 2020 provides for the availability of concessions for certain groups of citizens.

These include:

persons who are related to the deceased citizen and lived with him in the same apartment at the time of death. The main condition is that this living space be part of the inheritance mass;
citizens subjected to political repression;
children and family members of the deceased who have mental illnesses;
WWII veterans;
relatives of those who died while on duty.

If a citizen belongs to the 1st or 2nd category of disabled people, when registering an inheritance for an apartment, he will need to pay half the amount.

State duty for inheritance by law and by will

The main financial cost when registering an inheritance is the state fee.

The amount of the state duty does not depend on what basis the inheritance occurs - by law or by will.

The factors that determine the amount of the state duty are the degree of relationship between the heir and the testator, as well as the estimated value of the inherited property.

Thus, the testator’s immediate relatives - husband/wife, children, parents, brothers and sisters - pay 0.3% of the value of the inherited property , and all other relatives (and heirs who are not relatives) - 0.6% . In the first case, the limit on the amount of state duty is 100 thousand rubles, and in the second – 1 million rubles.

It follows from this that the amount of the state duty directly depends on the “size” of the inheritance. However, tax legislation makes a certain discount for close relatives - they will pay half as much as distant relatives and strangers (see “How to confirm kinship for inheritance”).

It must be said that each heir pays the state duty himself - in accordance with the size of his share.

Conducting an assessment when registering an inheritance

When talking about how much a notary charges for his services, you need to take into account the provisions of Article 333.25 of the Tax Code of the Russian Federation. This norm states that when calculating the state duty, the market or cadastral, inventory price is taken into account.

Assessment activities are carried out by one or more experts. For example, when determining the market price, a commission of several specialists is needed. How much to pay in this case depends on the region in which the assessment is carried out and where the citizen applied.

The maximum cost in the country is 50,000 rubles. To find out the cadastral price, you will need to order an extract from the Unified State Register of Real Estate. This service is free of charge.

Inventory valuation is similar to market valuation. You can request information by contacting the BTI. You need to visit this organization at the place where the deceased is registered.

What value of property does a notary take into account when registering an inheritance?

When the legal successors or one of them attaches to the inheritance case all the necessary acts by which the price of the property is determined, then the provisions of Article 333.25 of the Tax Code of the Russian Federation . This rule indicates that the lowest score of all those presented is taken into account.

For example, if after the death of a person an apartment remains, the cost of the work will be set based on the amount of the state duty and the price of the property. When a residential property is valued at 2,000,000 rubles and is inherited by a close relative, the fee is 6,000 rubles. In addition, you will need to pay for UPTH.

The cost of such work is determined depending on the region of residence of the person. The average amount is 5,000 rubles.

Technical costs for documents

In order to enter into an inheritance, potential heirs must submit a package of documents, the collection of which also involves some costs. In particular, you need:

copies of heirs’ passports (you can do it yourself);
copies of data confirming family ties (if metrics are lost and need to be restored, for each act you will have to pay 350 rubles by virtue of Article 333.26 of the Tax Code of the Russian Federation);
death certificate and certificate of cause of death (issued by the Civil Registry Office and medical institutions free of charge);
title documents;
extract from the Unified State Register (issued free of charge through the MFC or government services);
certificate of the place of registration of the testator at the time of death (issued at the passport office free of charge).

At the same time, the heirs, especially if there are several of them and disputes over the division of the inheritance do not subside, also need to carry out an assessment of the property of the deceased, taking into account the requirements of the law. In particular, the assessment of any property can only be carried out by specialized institutions that have a license and, of course, their services are not free of charge.

But you can avoid unnecessary costs when inheriting the same house or apartment. Thus, by virtue of Article 333.25 of the Tax Code of the Russian Federation, both market and cadastral value can be used to evaluate individual property objects. At the same time, the cadastral value is an order of magnitude lower and is updated only once every 5 years, while the market value can change constantly and, of course, increase.

That is, if there is only one heir and he only has to pay a fee when issuing an inheritance certificate, it is advisable to use the cadastral value. If there are several applicants, moreover, the estate will have to be divided taking into account many conditions, including the pre-emptive right, as well as additional payments, it is better to use the market value, because all the heirs will pay for the independent assessment, equally, which is not so expensive.

Payment for legal and technical services

When talking about how much a certificate of inheritance from a notary 2020 costs, it is imperative to take into account the tariffs in force for notary services in a particular area. The price includes UPTH.

This amount is limited by the Federal Chamber of Notaries. Each region is set to a different value. For example, in the Central Federal District, the most expensive services of this kind are for residents of the Ivanovo region.

Issuing a certificate of inheritance will cost no more than 5,000 rubles. Notaries have the right to set a lower price. The Federal Chamber reviews the cost limits for such services every year. Therefore, you need to check with the chosen office how much to pay.

Rubric “Question/Answer”

We inherited an apartment. We would like to receive a certificate of inheritance. Is it possible to save money and order one for three? Does a notary have the right to demand payment from each of us for the issuance?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes, you can. The law allows for the issuance of one certificate of the right to inheritance in favor of several applicants (clause 1 of Article 1162 of the Civil Code of the Russian Federation). Tell the notary in advance that you are going to do this (you will need to fill out an application). In this case, payment is made for the issuance of one copy of the Certificate . But keep in mind that the key factor here is the valuation of the property. The price is calculated as a percentage of the cost of the inherited apartment - 0.3 and 0.6% depending on the category of relationship (see “How to obtain a certificate of inheritance”).

Do I need to pay additionally for re-registration of ownership of an inheritance?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Heirs who receive the property of the deceased are not yet considered owners. To complete the procedure, you need to register ownership with government agencies. Of course, this is paid. The amount of state fees depends on the type of inherited property:

For re-registration of an apartment in the MFC or Rosreestr - 2,000 rubles , for a private house individual housing construction - 350 rubles;
For re-registration of vehicles in the traffic police - 850 rubles + 2000 rubles for new license plates (if required).

Payment can be made on the State Services website - in this case there is a 30% discount. For example, for registering a vehicle you pay not 850, but 595 rubles.

The notary at the place where the inheritance was opened asks for a large sum for his services. Can we contact another notary and enter into inheritance from him?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

No, this is prohibited by law. The inheritance is opened by one notary at the last place of residence of the deceased citizen (Article 1115 of the Civil Code of the Russian Federation). The remaining heirs apply to the same office. The specified notary conducts the inheritance matter. Other notaries are not involved in it. If you doubt the correctness of the notary's fees, you can check their legality yourself. Go to the official website of the Federal Notary Chamber - then “ Notarial actions and tariffs ” and the section “ Fees for legal and technical services ” (link). Select a subject of the Russian Federation and see the tariff prices. The website shows the current values and maximum tariffs. Notaries cannot set the cost of their services higher than regional rates. In case of violations, you can complain to the Notary Chamber or to the court (see “Who and where to complain about a notary”).

Hello! Tell me, how much state duty will you have to pay when inheriting a deposit in Sberbank?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

If you enter into an inheritance using a bank deposit, you do not need to pay the state fee for issuing a certificate (clause 5 of Article 333.38 of the Tax Code of the Russian Federation). This is a definite plus, since the deposit amount can be high. In this case, the heir needs to pay for the legal and technical services of a notary. The size of the UPTH depends on the specialist you choose and the prices for services in the region. On average, about 3,000 rubles.

Many people think that they can enter into an inheritance according to law and will absolutely free of charge. However, this is not so - expenses are still present, even if you write a refusal of inheritance. Notaries are trying to make money, so they can impose additional services. Or demand payment for unprovided and free services. For example, transferring documents for registration to Rosreestr. Those who are going to enter into an inheritance need to know what the state duty is formed from, where to evaluate the property, how much to pay for the registration and registration of assets. Often there are difficulties with this. Especially in terms of benefits for notary services. Because of this, money that could be saved is lost.

If you have any doubts about state duties, registration and registration documents, taxes and other payments, contact the lawyers of our website.
They will explain unclear points and tell you how to get out of a difficult situation. Calculations require care. Lawyers know what you must pay for and what notary services you can refuse. Consultation is provided free of charge, online or by phone. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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Other expenses when registering an inheritance

If the notary fee for issuing a certificate of inheritance 2020 has a fixed value, then the additional amount may be the sum of the price for issuing various extracts and certificates.

When property passed by inheritance is reflected in the Rosreestr databases, it is necessary to pay a state fee. Currently, the duties of notaries include sending requests to Rosreestr departments. Such innovations began to be applied in February 2020.

The state duty is reduced by 30% of the amount that was initially established. A person has the right to pay the specified cost independently or through a notary’s office.

If the inheritance is located in several places, what will be the cost of registration?

Sometimes the deceased's property is scattered across several regions. For example, when a citizen has real estate in different regions. Then it is necessary to take measures to protect the objects.

These actions must be carried out during the time it takes to confirm inheritance rights. Then the legal successors need to pay additional funds.

The maximum amount is fixed in Government Decree No. 350 of 2002. The maximum cost for inheritance protection services is 3%.

Thus, the payment to a notary for entering into an inheritance in 2020 is determined based on several factors. When you have to choose whether to contact a private or public notary office, you need to take into account that private owners always set higher prices for services. Tariffs are determined by the Federal Chamber of Notaries; the price cannot be higher than them.

What expenses will the heir face?

Everyone’s financial situation is different, so it is impossible to say unequivocally that going through the procedure for entering into an inheritance is not a cheap pleasure. Indeed, in some situations additional costs are necessary; in others, they can be avoided. In addition, the total price of expenses is influenced by the region of residence and the prices that are set in the notary’s office.

So, basic expenses can be called:

Notary Services;
technical costs when collecting documents;
state duty;
payment of taxes.

But situations are different. There is a high probability of disputes that are resolved in court, the need to allocate shares, and a lot of other nuances that involve additional costs, in particular:

to assess the inheritance mass;
for legal proceedings;
for legal advice.

Note: The notary is obliged to explain the procedure for entering into inheritance rights, but he is not obliged to provide advice in the event of disputes or in other situations.

Which notary should I contact when entering into an inheritance?

If there is no document

Inheritance disputes are considered the most complex civil cases because a small problem can cause lengthy proceedings, bureaucratic delays and lead to a deadlock.

Many heirs

For example, there are several heirs, and only one of them has the original death certificate. There are cases when, due to enmity between relatives, the heirs do not give the original or even a photocopy to each other due to mutual hostility, fear of missing out on the due part of the inheritance, etc. Is it possible to contact a notary without providing a certificate?

Unfortunately, this document is the main one and without it it will not be possible to become called to inherit. Establishing the fact of death, if it is impossible to provide a certificate or obtain a copy of it, will be decided through the court, in a special legal procedure. Of course, this is additional time and expense, but there is no other way. Sometimes a notary can independently take steps to request a death certificate, at the request of one of the parties.

There is no birth certificate, marriage certificate, etc.

The same applies to confirmation of relationship. If for some reason a birth certificate, marriage certificate or divorce certificate cannot be provided, this may become an argument for refusing to issue a certificate of acceptance of inheritance.

The algorithm of actions is as follows: you need to contact the civil registry office for the issuance of a repeat certificate (of birth, of marriage, of divorce). If such actions did not bring a positive result (for example, the marriage took place during the war, the data was not preserved, the archive burned down, etc.), then you can try contacting the city archive. If this does not help, try to establish the fact of relationship in court using a statement of fact-finding, providing relevant evidence.

For example , after the death of her husband V.I. Menshov, born in 1943. could not provide the notary with a marriage certificate issued to her in Tashkent in 1963. After the collapse of the USSR, obtaining a copy of this document became a real problem that could not be solved by the employees of the registry office at the place of residence of V.I. Menshova. All requests from Tashkent received responses that it was technically impossible to provide proof of marriage between the applicant and E.M. Menshov, born in 1942, due to the reorganization of the department. Daughter of Menshova V.I. applied in her interests to the court at her place of residence with an application to establish the fact of a marital relationship, providing evidence of joint purchases of real estate, birth certificates of joint children, photographs, testimonies of relative witnesses on both sides who confirmed cohabitation, running a common household, and raising children and grandchildren, etc. The court took into account the listed information and established the fact of marital relations between V.I. Menshova and E.M. Menshov. After the court decision entered into legal force, Menshova V.I. entered into an inheritance, the notary had no questions.

Depending on the number of applicants, as well as the relationship between them, the value and type of property, additional documents may be needed to register the inheritance with a notary.

Is it taxable?

According to Russian laws, successors of property (by will and law) individuals are exempt from tax upon entry into inheritance. The heir is only required to pay a state fee, the amount of which is calculated taking into account the degree of relationship with the testator and the estimated value of the property.

The corresponding decree on the abolition of the tax rate in the Russian Federation (N 78-FZ) came into force in January 2006. The effect of the resolution also applies to the successors of the property of the deceased testator who are not his blood relatives.

The resolution does not apply to successors of an inheritance receiving remuneration for the work of now deceased relatives who created during their lifetime officially recognized scientific discoveries, works of art, literature, scientific works, inventions and patented operating mechanisms. Who paid in their case? Naturally, the recipient!

The abolition of inheritance tax is not valid for property received by gift to relatives of the 3rd order and below.

Valuation of inherited property

An assessment is necessary to establish the exact amount of the state duty.

Everyone appreciates:

real estate objects,
vehicles,
securities,
shares in the authorized capital of enterprises,
copyrights and so on.

Many heirs strive to reduce the state duty and this is natural. I do this by underestimating the estimated value of the estate. According to the Tax Code, property value is determined by:

special government agencies responsible for property accounting;
licensed independent experts.

Inheritance by will

If the will is open and kept by a relative, then he is obliged to bring it to the notary. Sometimes claimants to the deceased's estate do not know whether a will was made. In this case, as in the case of loss of a copy left for storage, you need to contact any notary (not necessarily the one who serves the territory of residence). Since 2014, all wills, as well as their cancellation or amendment, have been recorded in the Unified Electronic Notary System, so it is not difficult to find out whether such a document was drawn up by the deceased. If lost, the notary who certified the will can issue a copy.

What documents, besides the will itself, are needed to formalize an inheritance?

You need to understand that in each specific case, the mandatory information to be presented to the notary’s office may be different, and this depends on the essence of the will.

Let's give examples:

the property was bequeathed to a minor grandson, with the right of disposal upon reaching the age of 18. Since the child does not have the right to become a full owner until he reaches adulthood, the inheritance will be processed by his parents, who must confirm their relationship with documents. - if the contents of the will depend on any condition (for example, at the birth of a grandson, the car is transferred to the son;
when moving to a certain city, an apartment is bequeathed; if the grandson is studying at a university, the amount in his bank account is due, etc.), then the notary will need evidence of the fulfillment of this condition. Before the will of the deceased is executed, an executor will be appointed to ensure the safety of the property. His identification documents will also be needed;
if there are several heirs and one of them has renounced their part of the inheritance, another document not included in the “regular list” is submitted to the notary’s office - a written renunciation of the inheritance.

Entry deposit

Inherited property cannot be disposed of, including used as collateral, until you receive an official certificate of the right to use the inheritance.

If an object of inherited property was used during the life of the testator as collateral, then the successor, if he agrees to the inheritance, must first settle accounts with the organization that financed the testator on the collateral. The terms of the calculation can be found out by reading the agreement between the organization (bank, credit society, etc.) and the testator.

It is in the interests of the successor to familiarize himself in detail with the body of the service agreement on the terms of the provision of collateral, and then try to negotiate with the management of the organization/bank/company on debt restructuring or other benefits - if the heir intends to accept the inheritance.

If the successor refuses the inheritance (sample refusal), he is exempt from paying the debts of the testator. Provided that this successor did not act as a guarantor in the agreement between the testator and the organization that required the provision of collateral in exchange for its services.

If the market value of the deceased testator's property is higher than the cost of paying off his debts, it makes sense for the successor to accept the inheritance even taking into account the upcoming costs.

If there are several successors, then the debt obligations of their testator are distributed to each of the heirs (according to the size of the share due to them).

To pay off the debt of a deceased testator, it is permissible to use only the debtor's funds .

The personal property of possible and actual successors cannot be used to pay off the debts of the testator in the case where the value of the inheritance is less than the value of the debts of the deceased.

Insurance of the testator can be a significant help when paying for the pledged property that is the object of the inheritance. However, the heir should take into account that the insurance payment can only be used to repay the loan amount and interest on it. The accrued penalty is collected from the heir's funds.