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10.04.2020

If within six months after the death of the testator no one applied to the notary's office with a will in connection with the entry into the inheritance, then it is considered that there is no will. And in this case, the certificate of inheritance is issued to the heirs by law.

In our article, we will inform you about the procedure for issuing a certificate of inheritance by law, on what grounds the issuance of a certificate may be delayed, as well as the price (cost) of this procedure. We present to your attention a sample certificate of the right to inheritance and information on when and where you can get the specified certificate.

The procedure for issuing a certificate of inheritance under the law

A certificate of the right to inheritance is a document that is issued by a notary at the request of the heir and testifies to the rights of the heir to the inherited property.

When contacting a notary, you must be clearly aware that a certificate of inheritance can only be obtained by law by providing all the necessary documents for this.

Prior to the issuance of a certificate, the following steps are taken:

filing by the heir of an application in which the heir asks to issue him a certificate of the right to inheritance under the law. This application is addressed to the notary at the place of opening of the inheritance. The notary informs the heir about the procedure for issuing a certificate, as well as about what documents must be submitted;

opening a inheritance case by a notary;

verification by a notary of the fact of opening an inheritance, family ties or other grounds for issuing a certificate of inheritance by law;

the procedure for determining the composition of the inheritance and its belonging to the deceased.

After performing the above actions, during which the powers of the heir to own the inherited property are confirmed, the notary draws up and issues a certificate of the right to inheritance. If there are several heirs, each heir has the right to choose: to receive a certificate only for his part of the inheritance or a general certificate for the entire inheritance, indicating the size of the share of each of them.

Reasons why the issuance of a certificate of inheritance is legally delayed

When any documents are not submitted by the heir or heirs, as well as in case of doubt about the authenticity of the submitted documents, the notary may postpone the issuance of a certificate of the right to inheritance by law for up to one month.

At the same time, he can appoint an examination of the submitted documents.

For a period not exceeding 10 days, the issuance of a certificate may be postponed at the request of a citizen who has applied to the court with statement of claim to protect their rights to inherited property.

The court that accepted such an application sends a message to the notary notifying him that there is a statement of claim regarding the contestation of the rights to inheritance. In this case, the certificate of inheritance is not legally issued until the court makes a decision.

The actions of a notary to issue a certificate are temporarily not carried out if the notary becomes aware of the presence of an unborn, but already conceived child by the testator.

Upon receipt of information about the presence (in the case of the birth of a living child) or the absence of the intended heir (in the case of the birth of a dead child) and, taking into account this information, the notary performs his actions.

The amount of the state duty

tax code Russian Federation determines the amount of the state duty that must be paid when contacting a notary on the issuance of a certificate of inheritance.

The value of the property and the proximity of the kinship of the heir and the testator have a fundamental influence on the amount of the state fee provided for in the issuance of a certificate of inheritance by law.

Knowing the value of the property, you can determine the price of its acquisition.

The amount of the state duty - 0.3 percent of the value of the inherited property is provided for children (relatives and adopted children), spouses, parents, as well as full brothers and sisters. The upper limit of this amount is limited by tax legislation, it is 100,000 rubles.

For heirs who do not belong to the above, the amount of the state duty is 0.6 percent of the value of the inheritance and is limited to the amount of 1,000,000 rubles.

In our article below, we provide a sample certificate of the right to inheritance, which indicates the value of the inherited property - 568,000 rubles. Assuming that the heir is the son of the testator, we calculate the amount of the state duty. In this case, it is 0.3 percent of the value of the inherited dwelling (apartment), i.e. 1704 rubles.

The expert in this video explains how the amount of the state duty collected when registering an inheritance is determined and what to do if there is no money to pay the state duty.

Dates and place of issue

The legislation does not establish certain terms, after which the heir must receive a certificate of inheritance by law.

This is his right and with the terms he is determined independently. The legislator grants him the right to do this at any time after the expiration of a six-month period after the opening of the inheritance (Article 1163 of the Civil Code of the Russian Federation).

A certificate of inheritance is issued by a notary locality, where the testator was registered or lived in the last time of his life. If it has not been registered or there is no information about registration, the place of opening of the inheritance will be the location of the property or that part of it that is of the greatest value.

Sample certificate of inheritance by law

We bring to your attention the most common sample of a certificate of inheritance by law. Since the certificate form is official, it contains the symbols of the Russian Federation.

Emblem of the Russian Federation

Certificate of the right to inheritance by law (sample)

Nsk city, Moscow region, Russian Federation.

August fifteenth, two thousand and fourteen.

I, Smolina Galina Fedorovna, notary of the city of N-ska, Moscow Region, certify that on the basis of Art. 1142 of the Civil Code of the Russian Federation, the heir of the property indicated in this certificate, c. Polyakov Grigory Petrovich, who died on January 10, 2014, is:

son - Anatoly Grigoryevich Polyakov, born on November 23, 1967, living at the address: N-sk, Zapadny lane, house N 8, apt. N 31 (passport series 60 09, N 369218 issued by the Department of the Federal Migration Service of Russia for the Moscow Region in the city of N-sk on December 15, 2012). The inheritance for which this certificate was issued consists of:

residential premises (apartments) at number five, located in the city of N-sk, on the street. Maiskaya, in the house N 21, owned by the testator on the basis of the contract of sale, certified by the notary of the city of N-ska Yudina A.B. October 01, 2001 according to register N 1633, registered with the Institution of Justice of the Moscow Region for registration of rights to real estate and transactions with it on October 16, 2001 under N 1531.

The certificate of state registration of ownership was issued on October 29, 2001 under N 61-61-49/208/2001-259.

The specified apartment is located on the second floor of a two-story brick house and consists of two rooms with a total usable area of 51.2 sq.m, including a living area of 30.1 sq.m, which is confirmed by the technical information on the property and the plan of the facility issued by the Municipal Unitary Enterprise Bureau of Technical Inventory of the city of N-ska dated 11/21/2000. for N 026776124. Cadastral number of the apartment: 61:59:0030524. The inventory estimate of the apartment is 568,000 (five hundred and sixty-eight thousand) rubles.

Ownership of an apartment is subject to registration at the Institution of Justice, which carries out state registration of rights to real estate and transactions with it.

This certificate confirms the emergence of ownership of the above hereditary property.

Notary seal

No. P-1914/2014 (heritage case number)

Registered in the register for N 9-6782

Notary: Smolina Galina Fedorovna

We hope that the information provided in our article will be used by you when contacting a notary to draw up a certificate of inheritance in accordance with the law.

The certificate of the right to inheritance is a document that confirms the legal rights of the heir to the disposal and possession of property that has passed to these persons in the order of inheritance. Since the legislation does not oblige heir to receive a certificate of the right to inheritance, the heir has the right to own and dispose of this property after entering into inheritance rights and without such a document. However, in this case, the heir may have obstacles to the full possession and disposal of the inheritance. This happens when the legislation provides for the registration or registration of certain objects and rights to them. For instance:

the right to real estate received by way of inheritance must be registered in the appropriate way with Rosreestr;
the change of the owner of the vehicle must be registered with the traffic police;
the right to a block of shares must be registered by the registrar.

Grounds for issuing a certificate of inheritance

A certificate is required in most cases. A notary issues a certificate at the request of a citizen who has entered into an inheritance upon payment of state duty.

The certificate of the right to inheritance is a document certifying the right of the heir to the property mass or part of it, which was set after the death of the testator. Although the legislation of the Russian Federation does not oblige the heir to receive such a document (Part 2 of Clause 1 of Article 1162 of the Civil Code of the Russian Federation), its receipt plays an important role in the further disposal of property. Thus, it is often necessary state registration property (real estate) or registration (vehicles).

The application contains information:

about the location of the notary's office, where the document is submitted and information about the notary himself;
about the applicant (his last name, first name, patronymic, registration address, contact phone number);
about the deceased citizen-testator (last name, first name, patronymic, address of residence);
about the applicant himself - the heir. Here it is also necessary to register passport details, address of residence, in addition, indicate the nature of the relationship between the heir and the testator: it can be family, marriage, or being a dependent, etc .;
about property that is part of the inheritance of a deceased person;
date, signature of the applicant;

To obtain a certificate of inheritance, in the order of entry into inheritance rights in law, needed the following grounds:

the absence of a testamentary document of the deceased on the disposal of his property in someone's favor;
non-acceptance or refusal of the main heirs called to inherit property by will;
the heirs, who are indicated in the testamentary document, are removed from the estate or recognized by the judicial authority as unworthy;
the heir has the necessary documents confirming the inheritance rights to this property.

To obtain a certificate of inheritance, in the order of acceptance of property by will necessary:

the presence of a will, certified by a notary and executed in accordance with Art. 1125 of the Civil Code of the Russian Federation;
the presence of a closed will, drawn up by a protocol in accordance with Art. 1126 of the Civil Code of the Russian Federation;
the presence of a will in a simple form, written under special circumstances and executed in accordance with the requirements of Art. 1129 of the Civil Code of the Russian Federation.

Place of issue of the certificate of inheritance

The issuance of the document is carried out in accordance with paragraph 1 of Art. 1162 of the Civil Code of the Russian Federation - at the place of opening hereditary business. In most cases, such a place is the place of the last stay or residence of the deceased citizen. The notary who opens the inheritance is determined under the following circumstances:

the place of residence or location of the deceased citizen in the territory of a certain area;
the first letter in the surname of the deceased citizen;
date of death of the decedent.

Since the notary is determined on initial stage case - when opening an inheritance, then the heir receives a certificate of the right to inherit property from the same notary.

Deadline for issuing a certificate of inheritance

The certificate is issued to the heirs or the heir within the terms established by the legislation of the Russian Federation. So, according to paragraph 1 of Art. 1163 of the Civil Code of the Russian Federation, the document is issued after the expiration of six months for entry into the inheritance mass, at any time (if there is an application for entry into the inheritance or the fact of its acceptance). But only if there are no obstacles in its issuance (for example, there is a dispute on this inheritance that is pending in court).

However, there are cases where a certificate may be issued before expiration such deadlines. The basis for this may be:

the absence of other persons, in addition to the heirs who have already declared themselves;
lack of legal proceedings or other reasons;
availability of a court decision on early entry into inheritance rights.

Also, the legislation provides for cases when the issuance of a certificate may be suspended. Such situations arise under the following circumstances:

the heir has not yet been born during the period granted for the acceptance of the estate;
there is a court decision to suspend the issuance of a certificate for any reason;
there is litigation on a dispute about this inheritance between the heirs and / or interested parties.

This list, defined by Art. 1163 of the Civil Code is exhaustive.

If the notary refuses to issue a certificate within the time limits established by law without explaining the reasons, or such reasons are not grounds for refusal, as well as in other cases of refusal, the heirs may appeal the notary's refusal to the court. Previously, before this, having received a written document (refusal) of a notary.

All rules on the timing of the issuance of certificates are contained in the Civil Code and in the fundamentals of the legislation of the Russian Federation on notaries.

The procedure for issuing a certificate of the right to inheritance by law and by will

Legislation and regulations regulate the fact that a certificate of the right to inheritance can be issued only at the request of the heirs or the heir.

When issuing a certificate, the notary performs certain actions. At inheritance by law the notary performs:

verification of the death of the testator;
establishment of the place and time of opening of hereditary property;
identification of persons who are heirs;
verification of the grounds for recognition of the persons who applied with the application as heirs;
verification of the composition of the property and its location;
verification and establishment of other facts.

To do this, the notary will demand Required documents by sending appropriate requests to the authorities, banks, state bodies and institutions, as well as other organizations.

After collecting the proper evidence and verifying the facts, the notary sends notices of the opening of the inheritance to all available heirs of the first stage.

Notarial tariff (cost) for issuing a certificate

Upon receipt of a certificate of inheritance, you must pay the state fee. Depending on the degree of kinship, the amount of the tariff established by Art. 333.24 of the Tax Code of the Russian Federation:

for heirs of the first and second stage (except for grandparents) - 0.3% of the value of the inherited property in the part that is due to this heir. The restriction on the maximum amount of the state fee in this case is 100,000 rubles;
for other heirs - 0.6% of the value of the estate in the part that is due to this heir. The restriction on the maximum amount of the state fee in this case is 1,000,000 rubles.

If the value of the property is not known, it may be determined by specialized organizations.

However, property does not always need to be appraised. The Tax Code of the Russian Federation provides that the state fee is calculated when issuing a certificate of the right to inherited property based on the following cost options such property:

inventory value;
cadastral value;
market value;
face value.

At the same time, the notary unable to request document, confirming one or another value of the property. If there are several documents that confirm the value of the property and this value is different, in this case the calculation can be made from the lowest cost property.

Such benefits arise in the following cases:

upon entry into the inheritance rights of citizens with disabilities of the first and second groups - payment of the state fee is carried out in the amount of 50% of the amount of such fee;
when entering into the inheritance rights of citizens cohabiting with the testator and inherited after his death, this residential building and the plot on which this house is located;
when inheriting deposits, wages, sums insured, royalties;
when inheriting property, if the testator died in the performance of duties or tasks in connection with his official position, etc. ;
if the heirs are minors, minors and incapacitated citizens;
other persons established by law.

In addition to paying the state fee, the notary is usually paid for his technical or legal work. Tariffs for such work clearly not regulated by law and can be established by notary offices independently.

It should be noted that the notary is not entitled to charge fees for such services or impose services on citizens. Such services can be provided by a notary only with the consent of the citizens themselves.

To resolve disputes over the calculation and application of state duty calculations by notaries, citizens have the right to apply to the courts to protect their rights and legitimate interests.

Citizen "P" applied to district court with a statement on the establishment of the cadastral value of a residential household in an amount equal to its market value. In substantiation of the requirements, citizen “P” indicated that she is the heir to this household. When paying the state fee for issuing a certificate of inheritance, the notary calculated the tariff based on the cadastral value of the object. However, the plaintiff does not agree with this cost, as she believes that the cost is too high.

In order to confirm her arguments, citizen "P" turned to independent experts to conduct an independent examination of the market value of home ownership. The experts calculated the market value, which is less than the cadastral value by 200,000 (two hundred thousand) rubles.

The applicant asks the court to establish the cadastral value of the home ownership equal to the market value estimated by the experts.

Having studied the materials of the case, having heard the parties, analyzing the current legislation, the court came to the conclusion that the stated requirements were satisfied for the following reasons:

establishing the market value of an object is a legitimate way to clarify the cadastral value of an object;
the assessment was made by specialists on legal grounds and in accordance with the requirements of legislative and regulatory acts;
the overestimated cadastral value of homeownership entails the burden of mandatory payments, the amount of which depends on the cadastral value of the object.

Recognition of the certificate of the right to inheritance as invalid

Just like any other similar legal document (certificates, contracts, etc.), a certificate may be invalidated. Often, such a tool as invalidating a certificate can become a convenient tool for restoring violated rights of citizens.

So, grounds for invalidating a certificate may be:

Issuance of such a certificate to those heirs who have the right to inherit (unworthy heirs).
Issuance of a certificate to an heir without taking into account the rights and legitimate interests of other heirs.
Recognition invalid of the will, on the basis of which the certificate was subsequently issued.
Missing by one of the heirs of the deadline for contacting a notary and his appeal to the court with a request to restore such a deadline (if the court recognizes that such a deadline has been missed for a good reason).

For a certificate to be invalidated need to go to court with a statement of claim, in which indicate the relevant request, provide evidence that would confirm the invalidity of the issued document. In this case, documents must be attached to the claim, confirming such invalidity.

Petrov filed a lawsuit in which he asked to recognize the certificate issued to his daughter Petrova as invalid. In support of his claims, Petrov provided evidence that after the death of his wife, he continued to live in the apartment, which was jointly owned by them, continues to bear the costs of maintaining the apartment, pay taxes and other payments. These facts have been documented. In addition, Petrova actually did not accept the inheritance and does not live in the apartment.

In the certificate issued by the notary, only his daughter appeared as an heir, although by law they both have equally right to inheritance. The court, having considered the materials of the case, came to the conclusion that Petrov actually accepted the inheritance, which was documented. Also, by law, they both have the right to inherit, so the court ruled that the certificate was invalid, recognizing Petrov and his daughter as entitled to ½ of the apartment for each, respectively.

Thus, the court canceled the illegal notary's certificate, recognizing the inheritance of the apartment in equal shares for the surviving spouse and the daughter of the deceased.

Therefore, it is best not to try to commit illegal acts, so that in the future you will not experience problems with recognizing the invalidity of the certificate. In addition, such an instrument can serve as an adequate measure in restoring one's violated right.

The main document giving the legal right to inheritance is a certificate of the same name. The heir can receive it at the notary office, which territorially corresponds to the place of residence of the deceased owner. The applicant collects the necessary package of documents, turns to a notary, after which he must register all the received objects (apartment, car, bank deposits, etc.) as personal property. Step-by-step instruction with a description of the action is given in the article.

You can get it from a notary, since it is he who deals with inheritance cases. The request can be sent to:

Personally, having come to the notary.
Through a representative who acts on the basis of a notarized power of attorney.
By mail (a registered letter is sent, copies of all documents are notarized; at the same time, the notary sends the original certificate of the right to inheritance also by mail).

The document is subject to mandatory certification (notary signature and original seal). The term of circulation of the heir is 6 months from the moment of death. The moment of death is considered either the date indicated in the relevant certificate or certificate, or the date that was recognized by a court decision (for example, in cases where a citizen went missing).

It is assumed that during these 6 months all heirs should appear:

specified in the will;
specified in the law (in the absence of a will);
having a mandatory share by law (even if there is a will) - their list is given in the Civil Code.

When contacting a notary, the applicant must take the following documents:

the passport;
testator;
will or documents that confirm the relationship with the deceased (birth certificate, marriage certificate, adoption certificate, etc.);
report on the assessment of the value of the inheritance (produced by independent experts at the expense of the applicant);
a receipt confirming the payment of the fee (when contacting a public notary) or payment for the service at a rate (when contacting a private notary).

The amount of the fee depends on the value of the inheritance, as well as on the degree of relationship between the testator and the heir.

The duty is not paid by minor heirs, as well as citizens who lived with the deceased and continue to live after his death in the same property.

Also on the spot, the heir draws up an application for acceptance of the inheritance. It needs to specify:

your data and data of the notary;
the last address of the deceased owner and the date of his death;
consent to the acceptance of property (any heir has the right, but not the obligation to accept the inheritance; if the property is associated with debt obligations, it is often more profitable to refuse it than to accept it);
data on other heirs from the same queue (if no will was made);
data on heirs with a mandatory share (if any and if a will was drawn up);
composition and address of the inheritance property;
also in this application it is possible to set out a request for the issuance of a certificate of inheritance; then you will not need to write a separate statement about this;
attachments - a list of documents described above is listed;
date, signature, transcript of the signature (surname, initials).

Expert opinion

Ozerova Marina

Lawyer, specialization in hereditary, family, housing affairs

It is important to understand that you can write this statement with your own hand. If a representative of the heir works with a notary, he must submit an application from the latter. At the same time, the notary has the right to verify the authenticity of the applicant's signature, which may take additional time.

In exceptional cases, the term for applying to a notary (6 months) can be extended, but only by a court decision (the heir was ill, his relative was seriously ill, he was imprisoned and could not know about the death of a relative, etc.). Then the applicant must come to the notary together with a copy of the judgment. Subsequently, the procedure may be complicated by the fact that you will have to sue other heirs who have already entered into their rights.

Deadline for issuing a certificate

The standard date for issuing this document is any day, but not earlier than six months from the date of death (it is also called the day of opening the inheritance). For example, the owner of the apartment died on January 1, 2020. The heir claimed his rights on June 1 of the same year. Then the certificate can be issued on any day, but not earlier than July 1, 2020, when six months expire from the date of opening the inheritance.

At the same time, a notary can draw up a document on any day before the expiration of six months, provided that there are no other heirs. That is, if the notary knows all the persons who have claimed the rights to the property, and there are definitely no other heirs, the applicants will be issued the appropriate certificates. Registration of a document can be suspended in a number of cases:

If another heir came to the notary, who disputes his rights to property in court. In this case, he must submit an application to the court no later than 10 days from the moment of appearance at the notary. If this was not done, then the certificate of inheritance must be issued to the first heir.
If the applicant did not provide all the documents, did not prove his family relationship with the deceased.
If the notary has doubts about the authenticity of documents, samples of the signature of the testator or heir (if he acts through a representative of interests). In this case, it becomes necessary to additionally check the documents or send them for examination at the expense of interested parties.

In these cases, the notary issues a written decision to suspend the execution of the document, and the pause should not exceed 30 calendar days.

What to do after receiving

After the certificate is received, the applicant is still not the owner from a formal point of view. To enter into his rights, he must officially re-register the property in his name (if provided by law). For example, you need to go through the Rosreestr to go through the procedure for real estate. However, in individual cases no additional steps are required - for example, a bank deposit can be obtained using a certificate of inheritance and a passport.

From a legal point of view, a certificate of inheritance is a document that confirms the right of heirs to hereditary property.

Before issuing this document, the notary…

accepts statements of intent to inherit from heirs;
checks the circumstances of the inheritance case (death of the testator, family ties, the presence of a will, hereditary property, compliance with the term and procedure for entering into an inheritance);
charges a fee for the issuance of the document.

Only then the notary confirms the right of heirs to the inheritance - by issuing a certificate.

Why is evidence needed?

This document is the basis for...

registration of ownership of hereditary property and receipt of relevant documentation - extracts from the Unified State Register of Real Estate Registration;
requirements for third parties to provide hereditary property to the rightful owner - heir;
realization of the rights of the owner - to own, use, dispose of hereditary property.

The absence of a certificate is not a basis for the loss of legal inheritance rights. However, this document is still required to confirm these rights.

Issuance procedure

To obtain a Certificate, heirs must adhere to the procedure established by law, consisting of the following steps:

Applying for an inheritance

The certificate can be issued only to those heirs who have expressed a desire to enter into the inheritance. This is done by submitting an appropriate application to the notary's office.

Application can be made...

Personally (you must have your passport with you);
By mail (signature of the applicant must be notarized);
Through a trustee (the right to represent the interests of the heir must be indicated in a duly executed power of attorney);

The application must contain the following information:

Data about the applicant, that is, the heir (full name, date of birth, place of residence);
Data on the testator (full name, date of birth and death, last place of residence);
Information about other heirs;
Intention to inherit;
Grounds for inheritance (family relationship, testament);
Composition and location of hereditary property;
Date of submission of the application;
Signature.

Preparation of documentation confirming the right of inheritance

The documents that are submitted to the notary for the issuance of the Certificate can be conditionally divided into groups:

confirming the death of the testator (death certificate issued by the registry office, court decision);
confirming the basis for inheritance (testament or documents on family ties: marriage, divorce, birth certificates and other documents);
confirming the testator's ownership of the inherited property (extracts from the USRN, registration documents for the vehicle);
confirming the value of hereditary property at the date of death (assessment report, cadastral information, technical documentation).

A detailed list of documents can be found in the article "".

Payment of state duty

The certificate will be issued only in case of payment of the state fee. This will be confirmed by the payment receipt.

Read more about the calculation of the amount of state duty below.

Receipt

If all the conditions of inheritance are met (terms, documents, grounds for inheritance), the notary sets a date for issuing the Certificate to the heirs.

Place of issue

The certificate is issued at the place of opening of the inheritance. It could be…

the last place of residence of the testator (in his own, rented or rented residential premises);

If the testator permanently resided abroad, the inheritance will be opened in the country where he lived. In this case, the certificate will be issued by the consular office or other authority of that country.

if the last place of residence of the testator is not established, the address of the opening of the inheritance and receipt of the Certificate will be the place of residence of the inheritance property (in whole or in large part).

Place of opening of the inheritance must be documented, For example…

a certificate of the last place of residence issued by a housing organization (ZHEU) or a migration authority (UVM);
if the last place of residence is not established, documents confirming the location of the hereditary property (for example, a title document, an extract from the Unified State Register of Real Estate).

If the heirs do not have any of these documents, the place of opening of the inheritance may be established by a court decision.

Issuance period

The certificate can be issued only after the expiration of the period for accepting the inheritance. Typically, this period is 6 months. This 6-month period applies to cases of inheritance by law and by will.

The starting date for calculating the 6-month period is the date of opening of the inheritance - that is, the date of death of the testator. If only the month or year of death is known, the inheritance opens on the last day of the known month or year.

If the date of death is not known, it is determined by the date of entry into force of the court decision that the missing testator is declared dead. However, for a notary public, only a court decision on recognizing the testator as dead is not enough. The fact of the death of the testator recognized by the court must be registered with the registry office. A death certificate issued by the registry office on the basis of a court decision is the basis for opening an inheritance.

After the expiration of six months, the notary issues a certificate to those heirs who have submitted an application, provided the necessary documents, and paid the fee. The notary is not entitled to delay the issuance of a certificate if other heirs have not completed the specified actions within the prescribed period.

Issuance conditions

Inheritance by law

Legal heirs receive a certificate of inheritance if the following conditions are met:

The death of the testator has been established;
The place and time of the opening of the inheritance is determined;
The hereditary property has been determined;
Established the absence of a will;
The circle of heirs is determined by law (in order of priority);
There are statements of heirs;
All supporting documents are available;
The heirs paid the state fee;
The 6-month period for inheritance has expired.

You can read more about inheritance by law in the article "" and "".

testamentary succession

If the notary establishes the existence of a will, inheritance will not occur according to the law (in order of priority), but in accordance with the will of the testator. Otherwise, the conditions for obtaining a certificate correspond to those listed above.

However, there are some nuances here. Primarily, the notary will find out if the will was canceled or changed. An appropriate note is made about this. If necessary, the notary makes a corresponding request to the notary's office at the last place of residence of the testator.

The notary also checks if there is statutory heirs. These are minor children, disabled parents and the spouse of the testator, who are entitled to half of their legal share, regardless of the content of the will. The rest of the property is distributed among the heirs according to the will.

Sometimes the will states not all estates. The property that is listed in the will is inherited by will, and the part of the property not mentioned by the testator is inherited by law. In this case, the heir under the will can be the heir under the law - in this case, he will receive both shares.

State duty

The cost of issuing a certificate of inheritance depends on several factors:

Firstly, from the value of hereditary property (for this, the notary is required to provide documents on the value).

Secondly, from the kinship of the heirs with the testator - the heirs of the first and second stage pay only 0.3% (but not more than 100,000), other relatives and non-relatives - 0.6% (but not more than 1,000,000) of the cost .

Some categories of heirs are exempted from payment of state duty. For example, minors and incapacitated heirs. They need to provide the notary with documents confirming the right to exemption from payment.