Many people have to deal with registration of the vehicle by inheritance. It is not uncommon include expensive cars, which need to do a lot of securities. Naturally, this procedure is complicated and time-consuming, because you need to collect and provide decent documentation package. However, few people know that it is possible to significantly speed up the procedure itself. About this further in the article.
Content
- How to join the inheritance by law, where to go, what to take action
- Term entry into the inheritance by law, who shall notify the inheritance
- Term of registration of inheritance documents, in which case the period may be extended
- Contesting a will, who can challenge a will
- Terms of car renewal
- Documents for re-registration of car
- Complications what complications are possible when joining the legacy
How to join the inheritance by law, where to go, what to take action
The first is to say that the inheritance is of two types - by will and by law. In the second case the inheritance is made if the testator did not leave a written expression of his will, which shows his desire relating to the management of his property. Often there is a speech about the relatives of the deceased varying degrees of kinship. With regard to entry into the inheritance under a will, it is possible for people who are not related, but determined the testator as his heirs.
Inheritance according to the law becomes valid if there is no testament or if the will challenged one of the heirs. The main applicants in the legacy according to the law - the heirs of the first stage, where children, parents and spouses belong. The exception is the fact when the inadmissibility of the receipt of the will is confirmed by one of the heirs of the first stage. For example, if at one time parents (or one of them) deprived parental rights, then they cannot claim the inheritance of their child. The law provides for some more similar cases.
If the heirs of the first stage are unworthy of the adoption of the inheritance, deprived of the rights of inheritance by the most testator, there are no or transferred the right to take a testament, then all rights go to the heirs of the second stage, which belongs to sisters and brothers, grandfathers and grandparents. If in this case it was not possible to complete the inheritance process, the rights move to the heirs of the third stage and so on for the order. The law is definitely interpreted by the degree of kinship, which makes it possible to identify himself.
The photo presents the scheme of the order of obtaining the inheritance.
The term of entry into the legacy by law who should notify about the inheritance
The total deadline to the inheritance is exactly six calendar months. It begins to calculate the day, which goes after the day of the death of the inheritator. When refusing a preferential heir to the inheritance, a follow-up to the subsequent term for the entry into the inheritance (three calendar months) is given.
The entire heritage process is made by the state notarial office at the place of registration of the deceased person or at the location of the property or more of it.
The deadline for issuing inheritance documents in which cases can extend
There are a number of cases in which the term of entry into inheritance can extend:
- Was on a business trip.
- He served in the army and there was no possibility to receive a notice.
- He was treated.
- Did not receive documents in a timely manner.
Challenging the will, who can challenge the will
The right to challenge the testament have only relatives on dependency. At the same time, the court should refute or prove the fact that the testament was drawn up with certain violations. This includes the incapacity of the inheritant, writing under coercion, his mental health and other factors. If the misunderstanding of the will failed to prove in court, it has full force. If the testament is triggered successfully, the inheritance of the law comes into force.
Rules of car reissue
To get a car, you need to re-refline it in all the rules. The heir must change the registration data. Regardless of where the heir is registered, this procedure can be carried out in any region of the country. Information is changing for ten days from obtaining documentation on the right in heritage. For registration you need to have a working policy of the OSAGO. The heir should immediately:
- Purchase OSAGO.
- Compact inspection.
Documents for car reissue
For carrying out the car reissue, it is necessary:
- Written statement.
- Transport passport.
- Passport citizen.
- Osago.
- Payment duty.
- Certificate of inheritance.
The size of the state duty is changing every year, and today it is 500 rubles. To inspect the car, traffic police officers can independently. The whole process of renewal will take no more than 48 hours.
Complications, which complications are possible when entering into inheritance
One of the main problems is an agreement in other heirs. Usually, without their consent, it is difficult to undertake anything. If the heir did not enter into a certain time (six months), any property is transferred to the state ownership. If the heir is incapacitated, according to the legislation of the Russian Federation, the property should be accepted in or guardian.
It is also important to know that the heir can use the vehicle not faster than six months later, after the death of the previous car owner.
Six months - a considerable term for the car. On average, cars in Russia are used by owners for 5-6 years. Six months of idle - 10% of the life of the vehicle. During this time, the car loses a few percent of its cost.
In order to avoid data of six months of downtime, with the presence of elderly relatives who own transport, conclude a car to the gift of the car, which is very simple in writing. If the owner of the transport agrees for the donation, the fate of the car will continue significantly faster.
It is worth noting that the heirs have the right to refuse inheritance, but in this case it will be impossible to change their decision. Therefore, to carry out the entire procedure, it is desirable to contact professionals.
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