To become the owner of the car, had inherited, you must follow some mandatory measures, and in particular the assessment of the vehicle (to determine the market value of the car). About this further in the article.
Content
- Inheritance by law, entry deadlines
- Evaluation of the car for an inheritance, determine the amount of duty
- Independent car appraiser, where to find and how long the evaluation should be made
- Documents for entry into an inheritance
- Documents for Car Assessment
- Evaluation of car, show whether the vehicle for inspection, or to make an assessment in accordance with the presentation of documents
- Car Assessment document that it should indicate to what to look for heir
- registration fee size depending on the degree of kinship
- The difficulty of assessing cars by inheritance, the law says that if there is a pair of successors to the car
- Tips Pros: qualified appraiser will not cause problems when joining the legacy
Inheritance by law, entry deadlines
In the Civil Code stipulates under what conditions and in what period of time you can start in the inheritance by law. Also explained the scheme and the entry list of the documents required for this purpose. Heir - a subject that comes into an inheritance. testator - a subject whose property by law or by will have to get his heirs.
Inheritance by law occurs in the case when there is no document, according to which the transferred property (wills). If the will is not satisfied with the heirs, then it can be challenged in court.
Regarding the date of entry into an inheritance, the law (Article 1154 of the Civil Code) Set a period of not more than six months after the opening of the inheritance (the actual date of death stater Or, according to the decision of the court he deceased). If the heir did not declare his rights after the release of the specified period, the inheritance will pass to the state of the state. It should be remembered that the next order of applicants also have half a year. When the heir in the prescribed period does not accept the inheritance, then the heirs following it will be able to do this in a period of three months.
If the heir will lead the irrefutable evidence of the absence of other heirs, then you can inherit the property to six months.
Property register in the cadastral ward. It is necessary to collect the necessary documents depending on the type of property (the list in the registration authority) and pass them into the registration authority (at the place of the inheritance). Certificate of the right of ownership is drawn up 30 days, after which it can be obtained in hand.
The limitations of the limitations take place in violations of the rights of the likely heir to receive inheritance. The heir has the right to contact the court in the event that he believes that his inheritance rights are violated (no later than 3 years).
Evaluation of the car for inheritance, determine the amount of duty
To conclude an agreement and conduct an independent examination, the heir needs to collect a package of documents (we will tell about it below).
After the conclusion of the contract, the specialist calls the date and time of the car's assessment. The vehicle is checking:
1. Damage detection;
2. Fixing any defects (open and hidden);
3. Magnia check;
4. Estimation of car wear (in% ratio).
Without an assessment of a car for inheritance (it is mandatory), the notary is not entitled to issue a certificate. It is carried out in the presence of the heir. After that, in the document drawn, the heir and specialist put personal signatures. The heir has the right to add his comments on the examination of the car.
As for the method of evaluation. For today, many estimated organizations do not conduct careful Inspection of the vehicle. For the assessment of the machine, an income, cost and comparative ways are used.
The specialist in its report describes in detail its conclusion in accordance with the evaluation methods.
Documents for evaluation, a copy of the auto target license, the cost estimate document and written conclusion are fastened to the package of documents. The assessment procedure does not exceed three days after the appeal to the Avtoexpertization institution.
In order to get a car inheritance, the relevant state duty is paid, which depends on:
1. Estimates of the cost of the car.
2. The level of related links.
For a close relative stater The size of the state duty is significantly less than for others (it is necessary about to pay 0.3% of the assessment amount, however, a maximum of 100 thousand rubles). The rest are already paid 0.6% of the amount, but here the maximum amount of payment is established - no more than 1 million rubles.
Independent appraiser, where to find and for how long the estimate should be made
An assessment of the car is carried out by any organization engaged in the evaluation work. Require certificates from the valuation organization confirming the right to provide assessment services.
The evaluation process should not take more than 3 days after the appeal. The assessment of the car is a set of activities provided for by federal assessment standards. With such an assessment of the car, the law "On appraisal activities in the Russian Federation" is applied (from 07.29.1998) and "Methodical guidelines to determine the cost of vehicles, taking into account the natural wear and technical condition at the time of presentation" (RD 37.009.015-98). Also use different reference books and launched data and information at cars. Not only the technical condition of the vehicle, but also the need to carry out repair work.
Documents for entry into inheritance
Mandatory documents (independence from the type of property):
- death certificate stater;
- certificate of registration from the last place of residence of the deceased owner;
- passport of the heir;
- Documents confirming the degree of kinship stater With heirs (for example, marriage certificate, birth, certificate of changing the name from the registry office and so on).
The list of additional documents must be clarified by a lawyer or notary.
Declares and issues a certificate of the right to inheritance directly notary. Without it, it is impossible to make an inheritance. In addition to the original, you will receive a copier certified by them. In the absence of this document, transfer the vehicle in Traffic police By inheritance you can not.
Documents for car evaluation
For the evaluation of the vehicle, the heir provides:
1. Your personal data.
2. A copy of death certificate stater.
3. A copy of the registration coupon issued for the vehicle.
4. A copy of the TC passport.
5. A copy of the certificates about the accident.
6. Information confirming previously manufactured repair work and / or replacement of auto parts.
Evaluation of the car, make a car to inspection or make an assessment according to the documents submitted
The best option is to come to the inspection location. If the machine is not on the go, you can draw an assessment with the departure to the location of it or in absentia.
If the auto target offers to evaluate without inspecting the car, and assures that the entire package of documents is quite realistic to get throughout the working day, then think about whether to cooperate with him. Such organizations will determine you only the average cost of the car at market prices and often do not take note of the specifics of a particular car. As a result - the cost is often highly overestimated, which leads to considerable extensions in the future. Such appraisers often deprive licenses, and it is possible that the ACT may be invalid when entering into inheritance.
Car Evaluation Document, which should be specified in it, to what to pay attention to the heir to
The document indicates the average cost of the measured car in the automotive market, and take into account:
- year of issue;
- mileage;
- body condition at the time of inspection;
- engine operation;
- Additional equipment (autorentor, alarm, navigation, etc.);
- modernity of such a model;
- loss of commodity value;
- Central price of such cars.
The document is attached to the photo of the state of the car and the list of regulatory acts, the benefits that were used in the evaluation. The document estimation document is issued in writing, after which the package of documents is fixed by the signature of the specialist appraiser and the seal of the evaluation company, and also is stitched. Documents must contain registration numbers. It is advisable to make a copy of the evaluation document and assure it.
It is important that the assessment of the car should be produced during death stater, not when buying. It should be remembered that the estimate of the cost of the car must produce a licensed appraiser, it will evaluate more precisely. It is important to be extremely careful, taking into account the fact that a large number of unfair evaluation participants appeared. The company must provide an e-mail document or give a copy upon arrival in the office. Carefully check all the details of the certificate of the institution that you have chosen for estimates your car for the presence of the seals and signatures of the workers concerned government agencies and expiry dates. Only an experienced appraiser can accurately correct issue you a report on the evaluation, as well as the necessary accompanying documents. In the case of incorrect execution of the notary will not be able to accept them and will issue you the right for a vehicle. It should be noted that after the death of the owner of the machine all the power of attorney issued to them, lose their legal force.
registration fee size depending on the degree of kinship
As already mentioned, the next of kin of the deceased stater should contribute 0.3% of the value after the evaluation, but the law established that the maximum amount of the state duty shall be a maximum of 100 thousand rubles. Not relatives or are closely related to the testator already pay 0.6%, but not more than 1 million rubles.
The difficulty of assessing cars by inheritance, the law says that if there is a pair of successors to the car
Estimating the cost of the machine, be sure to inspect it for possible defects. Certainly, the cost of the auto market of such a vehicle can be significantly lower than the average, and by paying taxes, you will encounter excessive costs, which might not be.
Expert appraiser must necessarily indicate the technical condition of the vehicle using a special scale, in addition to a list of specific parameters of a motor vehicle. Of course, that the presence of expensive devices and equipment (e.g., climate or fashionable multimedia system) will increase the estimated value of the car. The company, the appraiser should check the relevant statements in the documents match the characteristics and numbers of units indicated in PTS. If there are significant discrepancies need to pass inspection in the transport spetsinstitute and pass it on krimekspertizu.
The cost of transport assessment can vary significantly in different regions (eg, North-East Moscow you pay 0.5 - 2% of the car value, but not less than 2000 rubles).
It should be remembered that according to the Russian Civil Code (Chapter 63), there is a circle of heirs at law, which is defined by marriage or the degree of consanguinity. Show them schematically:
8th queue is considered to be such a category as disabled dependents.
All the above-mentioned persons are deprived of the right to participate, when it is not observed custody of children over their old, sick parents, the complete deprivation of parental rights, the dissolution of marriage.
Problems often begin when several heirs have the right to the vehicle at the same time. For the registration of the car take one person, and the rest are transferred to property documents. Therefore, in order to go through the entire procedure (including the assessment and design of the notary), you will have to coordinate everything with the rest of the heirs.
Be careful also the likelihoods that other people can challenge inheritance. According to the current legislation, part of the property stater They have the right to receive certain categories of persons, namely guardians, dependents and relatives close to the degree that are unable to receive income. In some cases it is possible challenging Section of inheritance and after half a year. Professionals are recommended to solve controversial issues before assessing the car.
The biggest risk is to encounter a dishonest agency. To avoid a report with the results, in which the numbers are clearly overestimated, it is necessary to insist that the auto-target spent a full inspection of the machine.
Tips Pros: A qualified appraiser will not create problems when entering into inheritance
An assessment of the car has the right to hold any organizations involved in the estimates. Require from an appraisal organization all mandatory licenses and certificates certifying the right to provide such services.
Think about whether it is worth working with a company that offers to evaluate transport, without considering it, and get all the documents for 1 day. Such organizations will determine you only the average cost of the car at the prices of the car market, without taking into account the properties of a particular car (the cost will be overstated, which is likely to lead to unnecessary costs in the future). Contact a licensed proven appraiser, since many unscrupulous companies began in the data markets. Only an experienced appraiser will be able to make all the documents correctly. With improper design, the notary simply does not accept them and will not issue you the right to the vehicle. Do not be lazy to check the requisites for the certificate of the appraiser for the presence of seals and signatures of authorized state bodies, as well as their durations of their action.
Related Materials
- Stove 2110, bad warm stove 2110, VAZ 2110 heating system, repairing the heating system VAZ 2110 with their own hands
- VAZ 2114 stove blows with cold air, stove 2114, bad warm stove VAZ 2114, device and repair of heating VAZ 2114 do-it-yourself, removing the stove VAZ 2114
- How to subdominize the car. How to put a jack. Types of jacks for cars.
- VAZ 2109 Fuse Block, VAZ 2109 Fuse Block Carburetor, VAZ 2109 Fuse Block Injector, Old VAZ 2109 Fuse Block, VAZ 2109 Fuse Block, VAZ Fuse Block 2109
- Car exhaust gas catalyst, faulty catalyst, pluses and cons of the catalyst, how to change the catalyst for the planeencitel
- Stove blowing cold air VAZ 2114, badly blowing the stove VAZ 2114, why badly blowing the stove VAZ 2114
- How to find out the owner of the car by the number of his car, check the car by the number of the traffic police machine, check the car by the state number of the car for free
- How to choose Used tires, Useful Tips
- Winter car road, pressure in passenger car tires in winter, good battery for the car in winter, whether to warm the car in winter
- In winter, the car is poorly started. How to make a car in winter, do you need to warm up the car in winter, useful tips
- Economy fuel consumption machines, the most economical car consumption
- Tires brands for passenger cars, labeling of car tire labeling, residual passenger car tire protector, how to pick a tire on a car brand, car tire tread pattern
- Working transmission operation, mechanical gearbox clutch work, driving with manual gearbox, useful tips
- Rear beam Peugeot 206 sedan, rear beam device Peugeot 206. Rear beam Peugeot 206 Malfunction, repair of the rear beam Peugeot 206
- Diesel fuel in winter, additive for diesel fuel in winter, how to choose the best diesel fuel
- Diesel winter does not start. How to start diesel in winter, heating diesel in winter.
- Japanese bridgestone tires, winter studded bridgestone tires, bridgestone tires brand
- Tire marking decoding for passenger cars, labeling wheels, how to choose the right tires on the disks
- Diesel engine in winter, launch of the diesel engine in winter, what oil to fill in a diesel engine in winter, useful tips
- LED backlight of the car, the backlight of the bottom of the car, the backlight of the legs in the car, the backlight in the door of the car, the backlight of the car is fine
- Recovered tires, bus tire, restored tire protector, can I use them
- Choose winter tires, which is a winter tires, which pressure in winter tires should be marked with winter tires, how to choose the right winter tires, the best winter tires 2019
- Steering rail rail, knock of steering rack, reasons for the knock and repair of the steering rack do it yourself
- Cameless car tires, a set for repair of tubeless tires, repair of the cannon-free tire do it yourself
- Russian tires, Russian tires Winter, Russian All-season tires, Voronezh AMTEL tires, Tires "Matador Omsk Tire", Kama-tires are world-class bus
- How to open a car without a key. Lost the key from the car what to do, the key from the car inside the car
- Silent tires, quiet winter tires, quiet studded bus, which tires to choose, overview tires
- Tires and safety, safety of the bus, why it is necessary to constantly monitor car tires
- Rules of safe driving of the car in the rain and slush, safe driving of the car for beginners
- Rust converter which is better for cars, rust converters to choose how to use rust transducer, professionals
- Polishing the body of the car do it yourself, how to choose a polishing paste, useful tips
- Engine durability, engine life, how to extend engine life
- Knock in the car. Knock when moving the car. What can knock in the car. How to determine the cause of the knock.
- ABS car, what is ABS car, ABS system malfunction, ABS diagnostics
- Overtaking a car when you can start overtaking a car, rules of traffic rules
- Fuel pump VAZ 2110, VAZ 2110 gas station scheme, VAZ 2110 fuel pump device, VAZ 2110 gas station repair,
- Automotive antennas for radio, automotive antenna device, car antenna do it yourself
- Front suspension Kalina, device front suspension Kalina, knock in front suspension Kalina, repair of front suspension Kalina
- Shock absorber Oil, best oil shock absorbers, pumping oil shock absorbers, how to properly pump oil shock absorber
- Clutch malfunctions, touches clutch, causes a clutch malfunction, how to eliminate
Comments