Inheriting a car is a process that combines legal procedures and technical formalities. For the heir, it is important not only to legally fix their rights to movable property, but also to correctly register it with state bodies. Errors in the entry stage can lead to fines or problems with the sale of the vehicle in the future.
Modern legislation has undergone a number of changes that simplify the interaction of citizens with departments. Now you do not need to go to the notary first, and then to the traffic police, and then return again to get numbers. However, the basic principles of inheritance remained unchanged: strict time frames and a package of documents are required. In this article, we will discuss each stage in detail so that you can avoid bureaucratic delays.
The first thing the heir encounters is the awareness of the need to act quickly. The law requires the acceptance of inheritance exactly. six-month from the day of the testator's death. The absence of this period is restored only through the court and only if there are valid reasons, such as a serious illness or being on a business trip in a difficult-to-reach area. Ignoring deadlines can cost you the right to own a car.
Date of entry into rights and acceptance of inheritance
The fundamental rule of inheritance law is a six-month period. It starts flowing the day after the car owner dies. During this period, the heir must submit an application to the notary at the place of the last residence of the deceased. If you do not do so during the specified period, the car may be transferred to the state or other queues of heirs.
There are two ways of accepting inheritance: actual and legal. The legal method involves filing an application to a notary. The actual means that you have started using the car, paying for repairs, storing it in a garage, or paying taxes. However, even with actual acceptance, later you will have to confirm this fact with a notary to obtain documents for registration with the traffic police.
It is important to understand that abandonment It is also a legal act. If the testator's debts exceed the value of the car, it makes sense to give up the property. You can do this at the same notary. Remember that you can not refuse part of the inheritance (only from debts, leaving the car) - the entire inheritance is accepted or rejected.
⚠️ If the heir dies before he has time to accept the inheritance, his rights pass to his heirs (transmission). The term in this case is not reset, but continues to flow from the moment of the death of the first testator.
Documents required for a notary
To open a hereditary case, you will need to collect an impressive package of papers. The basis is the death certificate of the testator, which issues the registry office. Without this document, the notary does not even have the right to open a case. You will also need documents confirming the relationship: birth certificates, marriage or name change.
The key document for the vehicle is PTSD (vehicle passport) and STIS (certificate of registration). If the originals are lost, they can be restored through requests to the traffic police, but it will take time. The notary will also request a report on the valuation of the car’s market value at the date of the owner’s death.
- 📄 Passport of a citizen of the Russian Federation heir.
- 📄 Certificate of the last place of residence of the deceased (issued in the MFC or passport office).
- 📄 The will (if it is made and kept by the heir)
- 📄 Car documents (PTS, STS).
Special attention should be paid to the cost assessment. The heir has the right to choose any licensed appraisal company. The report must contain the market value at the date of death. It is from this amount that the amount of the state fee will be calculated.
Order several copies of the certificate of inheritance from a notary immediately. One original copy will remain in the traffic police, and others may be needed for insurance companies, banks or the sale of a car.
Calculation and payment of state duty
Inheritance is not free. The state charges a fee for issuing a certificate of inheritance. The amount of payment directly depends on the degree of kinship with the deceased and the estimated value of the car. For close relatives (children, spouses, parents, brothers and sisters), the rate is 0.3% of the cost, but not more than 100,000 rubles.
For all other categories of heirs (distant relatives, friends, non-relatives), the tariff is higher - 0.6% of the value, but not more than 1,000,000 rubles. Payment of the state duty is necessary before the issuance of the certificate. The receipt of payment is a mandatory document for receiving the final papers from the notary.
There are categories of citizens exempted from paying the state duty in whole or in part. These include minor heirs, as well as persons who lived together with the testator in the same residential premises and continue to live there after his death. Benefits can also be provided to disabled people of groups I and II (50% discount).
| Category of heirs | Fee rate | Maximum amount | Ground |
|---|---|---|---|
| Close relatives | 0,3% | 100,000 rubles. | st. 333.24 of the RF Tax Code |
| Other persons | 0,6% | 1,000,000 rubles. | st. 333.24 of the RF Tax Code |
| Disabled persons I, II groups | 50% bet | No restrictions. | st. 333.38 of the RF Tax Code |
Registration of the car in the traffic police after receiving an inheritance
After obtaining a certificate of inheritance, you have the legal right to dispose of the car. However, to manage it on public roads, it is necessary to register the ownership of the traffic police. You need to do this during the 10 days. from the moment of receipt of the certificate from the notary.
The registration procedure is not much different from the usual purchase of a car. You come to the registration office or MFC (if they provide a service "one window") with a package of documents. The vehicle must be provided for inspection if you plan to change registration details (e.g., numbers). If the plates remain the same, no inspection may be necessary, but it is better to be ready to show the car.
☑️ Checklist for registration in the traffic police
It is important to note that the CTP policy should be issued in your name. The old testator policy will not apply, as he is insured for another person. Without the current policy of OSAGO registration in the traffic police will not make. The electronic policy is also accepted, its data automatically enter the database of insurers.
⚠️ The penalty for late registration (later 10 days) for individuals is from 1500 to 2000 rubles. You may also be stopped on the road and fined for not registering.
Nuances of the sale of the inherited car
Often, the heirs do not plan to use the car, but prefer to sell it. In this case, special taxation rules apply. If you own a car for less than three years (the term is considered from the death of the testator, and not from the date of registration with the traffic police), you are obliged to pay personal income tax in the amount of 13% when selling.
However, the tax is not paid on the entire amount of sale, but on the difference between the sale price and the purchase costs. Since you received the car for free, the estimated cost indicated in the report for the notary is considered to be the expense part. If you sell the car cheaper or for the same price as indicated in the assessment, you do not need to pay tax, but you will have to file a 3-NDFL declaration.
There is a tax deduction of 250,000 rubles. If the value of the car under the contract of sale does not exceed this amount, the tax is also not paid. This is true for older cars with low market value.
What if there are several heirs?
If there are several heirs, they can issue a car for one of them under a mutual agreement. For this purpose, the rest write a notarial refusal in favor of one heir. Or the car is sold to a third party, and the proceeds are divided proportionally to the shares.
Technical condition and diagnosis before registration
Before you start active re-registration, it is worth assessing the technical condition vehicle. If the car stood for a long time without movement, problems with the start of the engine, the state of the battery and the braking system may arise. To move the car to the place of registration or to the site for inspection may require a tow truck.
Also check for unpaid penalties. Although fine debts do not automatically pass to the heirs (they are repaid from the hereditary mass), the presence of unclosed administrative cases can make it difficult to interact with the traffic police databases. It is recommended to check the car by VIN-code through official services.
If the car installed design changes (HBO, tuning cabin, color change), they must be legalized. Otherwise, when registering with the traffic police, you will be obliged to return everything to the factory state. Check whether the data in the PTS correspond to the actual state of the body and units.
The fastest way to register a car is to apply through the portal of public services. This will avoid queues at the traffic police and choose a convenient time for a visit.
Frequently Asked Questions (FAQ)
Can I drive a car before I inherit it?
Not technically, because you are not the owner yet. However, if you have a valid power of attorney from the testator (which is rarely preserved after death) or you are inscribed in the CTP policy, theoretically you can manage. But in practice, traffic police officers may require documents confirming the right to use, and the absence of a death certificate in the database may raise questions. The risk of evacuation to the parking lot is high.
What if the PTS is lost or is in the possession of another person?
It is necessary to file a claim for loss of PTS in the traffic police. The heir may be engaged in restoration after obtaining a certificate of inheritance. If the PTS is in the hands of another heir or a third person, and they refuse to give it, this fact is recorded with the notary, and the issuance of a duplicate is made on the basis of a claim for loss.
Do I need to pass a check to register an inherited car?
A diagnostic card (technical inspection) is necessary for registration of the CTP policy if the car is more than 4 years old. Without OSAGO registration will not be held. If the car is under 4 years old, no inspection is required. For new cars (up to 3-4 years, depending on the current regulations), the inspection during the sale is also not necessary for the first few years.
What if there is a ban on registration?
The bans are imposed by bailiffs because of the debts of the testator. They can only be withdrawn after the debt has been paid. Debts pass to the heirs within the value of the inheritance. First you will have to pay the debts, then lift the ban and only then register the car.
Can I sell my car without visiting the police?
You can sell the car immediately after obtaining a certificate of inheritance. The buyer and seller sign a contract of sale. The “owner” section indicates the heir. However, the buyer will still have to register the car for himself with the traffic police, providing a chain of documents: from the death of the old owner to you and from you to the buyer.