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 is the waiver of the inheritance from the notary. Is it really possible for citizens to refuse to accept the property they are required to do? 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? Reply is easy. It is enough to thoroughly study the legislation in force in the Russian Federation.

Acceptance of inheritance - this is the right of every potential heir, but not his duty. It's all about the fact that along with material benefits, the debts of citizens also inherit. And so sometimes obtaining property from the deceased gives a lot of trouble.

Accordingly, every 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.

Inheritance of inheritance

Let's start with the simplest version of the development of events. A person does not have to wonder how much it costs to refuse a legacy from a notary. After all, the potential recipient of the property simply does not accept the property that is assigned to it.

The process of non-acceptance is that the 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 expiry of this period, an automatic exclusion of the heir from among such will occur.

Immediate failure

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 is reduced to filing an application for the refusal of the assigned property. It is necessary to do this 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 to inherit after refusal in the established order.

Methods of rejection

How much are notary services for hereditary cases? The cost varies depending on the region of residence of the citizen. Some quotations will be presented later. To begin with, you should pay attention to the features of the renunciation of property by inheritance.

To date, the following layouts are possible:

1. 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.
2. Absolute refusal. Under such circumstances, a citizen simply renounces the inheritance inherent in him. If there are other heirs, then the property is divided in equal shares at all. Otherwise, the state will be the recipient of the property.

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 give up the shares and parts of the inheritance. That is, the heir can not accept, for example, a house by inheritance, and refuse to leave 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 indicates 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.

Other prohibitions

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 are distinguished:

• You can not renounce the inheritance with reservations or under conditions;
• An obligatory share of the inheritance does not provide for refusals;
• You can not abandon the property in favor of persons deprived of inheritance rights (for any reason).

In fact, with proper preparation, the process under study 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.

Mandatory share

Of course, in the Russian legislation there are a lot of nuances and features related to 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 share of the inheritance. As already mentioned earlier, it will not be possible to abandon it under any circumstances. Therefore, sometimes the property is transferred without fail.

As a rule, spouses, children and dependents of the testator are obliged to an obligatory share in the inheritance. This is not an exhaustive list of heirs who can not refuse under certain circumstances from inheritance. It all depends on the specific family.

Procedure

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:

1. 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.
2. Form a package of documents required for the operation.
3. Go to the notary and file a refusal with him.
4. 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.

State fee

When implementing the task, it is necessary to pay the state duty for registration of the refusal of property by inheritance. This payment has certain sizes, which 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 give for assuring the refusal of inheritance from a notary. And nothing more.

Office services

Now it is clear how much is the waiver of the inheritance from the notary. Nevertheless, sometimes citizens have to 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 under investigation it will not be necessary to pay at all, in some regions, for a service, they pay up to 2-3 thousand rubles. This is quite normal. 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.

Collecting documents

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 apply for a notary's renunciation 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. A notary is issued a statement on the rejection of the inheritance (a sample is presented below), which is subsequently certified, and the heir is issued a certificate of the refusal of the property.

Sample

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 the refusal occurs. Otherwise, the property in equal shares will be distributed among all the heirs of this or that queue.

Results

From all the foregoing it follows that the receipt of inheritance 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 transferred to third parties in the event of a waiver. Nevertheless, the testator has the right to the registration of property by inheritance to strangers. To do this, you will have to draft and certify the will.