Removing a car from the traffic police register due to the death of the owner in questions and answers

A personal car serves the whole family. Adult children, grandparents and their grandchildren, having a driver's license, can use the car as they please, as long as they are included in the OSAGO policy. Taxes are paid from the general budget, as are the costs of repairs and scheduled maintenance. Sometimes a vehicle is even simply registered in the name of an elderly family member who has tax breaks or other preferences for processing customs documents. However, life does not stand still and old people do not last forever. Along with their death, the plans of the household collapse. The property passes to the heirs, the car is parked near the house, and the documents require re-registration. Asiya Mukhamedshina, a member of the Russian Lawyers Association (RBA), talks about how to properly operate a car if the legal owner has already passed away .

Features of accepting an inheritance

Russian civil law provides for the principle of universal succession. This means that the heir, along with the property itself, and all the debts with which it was encumbered. It is impossible to accept property and refuse the encumbrance. Partial acceptance of inheritance is also not provided. Either all property (or its share, if there are several heirs), or complete abandonment of it. If the testator owes more than the property he left behind, it is better to immediately issue a waiver.

In case of refusal of a share in the inheritance, it will be distributed among other claimants to this property. If there is only one heir or all heirs refuse, then the inheritance mass passes to the state.

It should be borne in mind that it is impossible to subsequently revoke the refusal of inheritance under any circumstances.

Is it possible to use a car before full inheritance?

There are several cases here. The first case is when there is only one heir, no other applicants have been identified and there are no unauthorized persons to whom the testator has granted the right to use his vehicle. In such a situation, by default, the inheritor of the car continues to use it until the official entry into inheritance rights. The civil law provides for the possibility of a notary issuing documents on the actual acceptance of an inheritance before the expiration of 6 months, which is given upon the identification of all interested parties. If the applicant provides documentary evidence of the absence of others entitled to inheritance, the 6-month period is shortened.

In the second case, everything is not so simple. Here we are talking about a situation where the testator, during his lifetime, transferred the right to use and the corresponding documents for the car to a third party not included in the circle of heirs. At the time of death, all rights of third parties are no longer valid and the use of the vehicle becomes illegal. The vehicle is included in the estate and transferred under the protection of a notary.

In the third case, this is when the actual owner and user of the car is one of the applicants for the inheritance. Here everything depends on the opinions of other heirs. If they agree with actual possession and do not interfere with use, then they proceed as in the first of these cases. If there is an objection from any of the applicants, the vehicle goes under the protection of a notary until the shares in the inheritance are determined.

If there are any other disagreements, they can be resolved exclusively in court.

How to re-register a car after the death of the owner

Unfortunately, not every citizen of our country knows how to register an inheritance. As static reports show, the greatest difficulties arise with the registration of a car and its subsequent registration with the traffic police. Let's look at how to register a vehicle and what is needed to successfully complete this procedure.

How to open an inheritance for a car

To open the inheritance process, the user claiming the property of the deceased will have to contact the notary office located at the place of residence of the original owner, or the notary who drew up the will, if such a document exists.

As soon as the corresponding application is submitted, the notary himself will open the inheritance case and take care of all the activities provided for by law.

The procedure for re-registration of a car by inheritance in the traffic police after the death of the owner

After the applicant is given a certificate confirming his property rights, he is obliged to immediately contact the traffic police to make the necessary adjustments to the data. This is the first stage!

You have 10 days to make adjustments to the traffic police data. But there are some subtleties here too. So, before you go for re-registration, you will first need to take out a compulsory motor liability insurance policy.

As soon as this issue is resolved, the heir will have to visit the traffic police and provide a package of documents, as well as pay a fee. Please note that without a receipt confirming the fact of payment of the duty fee, the application will not be accepted for consideration.

Nuances of re-registration

Re-registration of a car by inheritance has many subtleties and features, depending on the specific situation. You need to understand that entering into an inheritance is individual in each case, and therefore various additional points may arise that will need to be paid attention to. Let's consider some situations, as well as options for resolving them.

A car inherited for two or three: how to register

Many users do not know how to inherit a car for two sons

. You can often encounter a situation where several heirs claim a car at once.

They must enter into an agreement among themselves, which will indicate the shares (for example, 1/3 of the car) and other conditions will be specified in order to divide the car by inheritance.

It is also possible to renounce your share in favor of one or another user.

If a car is inherited by several users, it will be registered under the name of one of them. All applicants will have to independently determine to whom exactly the car will be registered. At the same time, all owners will be indicated in the PTS and traffic police documentation.

When registering a car for two, you will need to provide the traffic police with written consent from all heirs, in which they confirm that they are not against registering the vehicle in the name of one of them.

Entering into an inheritance after death without a will for a car

If the inheritance of a car after the death of the owner is carried out in the manner prescribed by current legislation, the process will have some nuances that need to be taken into account.

So, for six months, the notary will look for other users who can lay claim to the property. If there are none, the applicant will receive a certificate and take ownership.

In this case, entering into an inheritance after death without a will for a car will take place according to the approved rules and standards.

Inheritance under a will for a car

In this situation, it will be easiest to register the car in your name. If the user, named in the will of a testator who has died, decides to transfer ownership of the car to him, he will need to confirm his intention with a notary.

After 6 months, the heir under the will will receive a certificate of inheritance and initiate a process such as registering a vehicle in his name.

An exception would be the situation when there is a compulsory heir who also claims a share.

How to sell a car after the owner's death

After the death of the owner, the car can be sold only in situations where the heir has taken ownership and received the right to fully dispose of the property.

However, you need to remember that if the period of ownership of the car is less than 3 years, the heir will have to pay tax.

According to the current rules, in the case of inheritance, the amount of 250 thousand rubles is taken as the basis for calculating personal income tax.

Therefore, if after inheriting the user decides to sell the car and finds a buyer, he needs to take this into account. So, if, according to the purchase and sale agreement, the price of the car is 300 thousand.

rubles, the tax will be calculated on an amount of 50 thousand rubles (300 thousand rubles -250 thousand rubles). Thus, the tax amount will be 6.5 thousand rubles (13% x 50 thousand rubles).

When can you sell?

It is possible to sell a car received as a result of inheritance only when the heir has received documents from a notary confirming his ownership and has undergone the re-registration procedure with the State Traffic Safety Inspectorate.

Thus, at least 6 months must pass after the death of the father. During the designated time period, the heir will carry out all the necessary procedures and register the car in his name. As soon as this happens, the heir will receive the right to freely own and dispose of the property values ​​of the deceased.

Is it possible to use a car after the death of the owner?

In accordance with the current norms of the legislative framework, it is impossible to use the vehicle after the death of the husband until the heir officially takes ownership and re-registers the vehicle in his own name.

However, in some situations you can meet citizens who use a car, despite the death of the owner. The traffic police does not receive information about the death of the car owner, so unscrupulous citizens deliberately commit violations. But it is worth remembering that this action is a serious violation of the law, and therefore the person responsible can be held accountable.

How to sell a car that was inherited without registering it in your name

To sell an inherited car, you need to acquire ownership rights to it.

This means that you first need to enter into inheritance rights, after which the heir will have the opportunity to declare the sale of the car.

According to current standards, it is allowed to sell a vehicle without registering it in your name. To do this, the seller and buyer will need to visit the MREO and re-register the car in the name of the buyer.

In order for the purchase to be recognized as valid, you will need to present papers confirming the entry into inheritance rights, as well as a purchase and sale agreement.

If you forgot about the car when entering into inheritance, what should you do?

If for some reason the heirs forgot about the car when entering into inheritance and did not include it in the estate, then they can do this at any time convenient for them.

To do this, you will need to re-visit the notary who was involved in the inheritance process and provide him with a certificate of ownership of the inheritance.

The notary will confirm the applicant’s right and send him to the traffic police, where the re-registration of the rights to the car will be carried out.

Donating a car after inheriting

As soon as the heir officially took ownership, decided to accept the inheritance of the vehicle and re-registered the car in his name at the State Traffic Safety Inspectorate, he acquires the full right of independent ownership and disposal of his property.

This means that, if desired, he can freely sell the car or donate it. Therefore, with the issue of donating a vehicle after entering into an inheritance, no complications will arise, especially in a situation where there is only one heir, and the car belongs to him entirely.

However, if the donation occurs immediately after inheritance, and the new owner does not own the car for 3 years, he will have to pay tax.

Certificate of inheritance rights for a car

A certificate of inheritance is a key document that serves as confirmation of the heir's ownership rights. Only by confirming his right, the heir will be able to register the property in his name, and will receive the right to dispose of all valuables after the issuance of a certificate.

The document must be issued within 6 months from the date of death of the testator.

This rule is spelled out in Article 1163 of the Civil Code of the Russian Federation. Within the specified period, the notary must find other users who have the right to part of the inheritance (in this case, a share of the car). They may be:

  • children of the deceased under 18 years of age;
  • spouse with disabilities;
  • parents of the testator;
  • any relative of the 2nd and 3rd orders, if the original heirs are absent.

Documents for registration of an inherited car

To register a car as an inheritance, you will need to visit the traffic police and provide a certain list of documentation, including:

  • an application in the established form with a request to change the owner and other traffic police data;
  • original civil passport;
  • title documents for the car, namely the original PTS and STS, as well as notarized copies;
  • certificate of inheritance by law or by testamentary process;
  • if several heirs claim the car at once, an agreement will be required on the division of the inheritance mass and the determination of shares;
  • if the right of inheritance was confirmed in court, a court decision will be required;
  • OSAGO policy;
  • receipt of payment of duty fees (500 rubles for issuing a vehicle registration certificate and 350 rubles for making adjustments to a previously issued vehicle registration certificate).

Vehicle cost estimate

An appraisal of the vehicle is necessary for final inheritance. This is necessary so that the notary fee can be determined, which will be paid by the heir.

Based on the assessment results, the notary fee will be determined, the amount of which will be equal to:

  • 0.2% for heirs of the 1st stage.
  • 0.6% - for other heirs.

Fines from the previous owner

The legislator claims that not only material benefits, but also various obligations can be inherited. In the case of inheriting a car, if the deceased owner

there are any fines, or the car is in collateral, its obligations will be delegated to the new owner.

The only way for the heir to avoid paying fines or debt obligations is to renounce the property.

Source: https://zen.yandex.ru/media/legal/kak-pereoformit-avtomobil-posle-smerti-vladelca-5bd23da56b4c0f00aa2837ef

How to register an inheritance with a notary

First of all, they contact the notary at the place of residence of the deceased. To do this, a statement is written, which indicates the details of the heir and testator, the degree of relationship, the remaining property is listed, and an indication is made of the absence of other heirs.

The following are attached to the application:
  • a certified copy of the death certificate;
  • data from an expert assessment of the cost of a car to calculate the amount of duty. To do this, you should contact the NP SROO “Community of Assessment Professionals”;
  • vehicle passport and information about its registration with the traffic police;
  • documents that can confirm the degree of relationship (copy of the corresponding page of the passport, birth certificate, marriage certificate, etc.);
  • certificate of residence of the deceased to determine notarial jurisdiction;
  • a receipt confirming payment of the fee.

How to re-register a car if the owner has died, procedure

Many people have a question about how to re-register a car if the owner has died. Re-registration is allowed only after acceptance of the inheritance, so here you need to focus on the norms of the Civil Code of the Russian Federation on inheritance. Let's consider this issue in more detail with all the nuances.

Features of re-registration of a car after the death of the owner

In this case, the car is the property of the deceased owner-testator, so it can be re-registered only after entering into an inheritance.

It is important to consider several nuances here:

  1. Not only a vehicle, but also other property due by law or specified in the will can be inherited.
  2. Former spouses do not have the right to inherit a car, unless the inheritance of the vehicle is specified in the will.
  3. When inheriting, the degree of relationship is taken into account: property is distributed among relatives of the first degree, and if there are none, the second, etc.
  4. If the car has debts (unpaid fines, loans, etc.), the heir is obliged to pay them. The same applies to the inheritance of other property if the testator has a debt: in this case, the legal successors are liable for the debts in an amount not exceeding the value of the inheritance.

If the car is specified in the will and the deceased owner has disabled or minor relatives, they are allocated a mandatory share in the amount of at least 50% of the share that they could receive upon inheritance by law. The car cannot be divided in kind, so such citizens are paid monetary compensation.

Re-registration of a car with different methods of inheritance

The procedure for re-registration of a vehicle always occurs after receiving a certificate of inheritance, but the features of inheritance differ depending on the method - by law or by will. Let's look at everything in detail below.

Inheritance by law

Inheritance by law occurs in the absence of a will. All property owned by the deceased testator is distributed in equal shares among first-degree relatives, which include the following:

  • children;
  • spouses;
  • parents of the testator.

If there are none, the property goes to the second-order heirs: grandparents, half-sisters or brothers.

The article provides basic information, but most cases are individual in nature. In this connection, our website employs on-duty lawyers whom you can contact by phone:

When you contact us, you will receive advice specifically on your problem.

As stated earlier, in the case of a car, no actual allocation or division is possible, so it goes to only one assignee, but he pays compensation to the others. The amount of compensation is calculated taking into account the cost of the vehicle - it is determined during the appraisal examination.

All legal successors can agree among themselves who gets the car and who pays the money. If disagreements arise between them, the issues are resolved in court.

Inheritance by will

If there is a will, everything changes, and the order is not taken into account. The testator has the right to bequeath a car to anyone, even a stranger - his rights are not limited in this.

If any of the legal successors who could participate in the inheritance by law does not agree with the candidacy of the heir, he has the right to challenge the inheritance in court and declare him unworthy. This is possible if the heir did not maintain contact with the testator, or committed physical or psychological violence in order for a will to be drawn up for him.

How to re-register a car after the death of the owner: step-by-step instructions

The process of entering into inheritance and re-registration of transport looks step by step like this:

  1. Machine evaluation. It is needed to determine the amount of state duty when entering into an inheritance. To do this, you can contact an expert bureau, the costs will range from 7,000 to 20,000 rubles. As a result, a conclusion is issued.
  2. Submitting documents to a notary. This must be done within six months after the death of the testator, otherwise the missed deadlines for accepting the inheritance will have to be restored.
  3. Payment of state duty. After reviewing the documents, the notary will issue a receipt for payment. The state duty is 0.3% of the value of the property for close relatives, for others - 0.6%, but not more than 1,000,000 rubles.
  4. Obtaining a certificate of inheritance. The document is issued only after 6 months from the date of death of the testator. It cannot be obtained earlier: this period is given so that other legal successors can learn about the death of a relative and claim their rights to the property.
  5. Registration of the car with the traffic police. After receiving the certificate, you need to come to the traffic police and register the car, having previously purchased compulsory motor liability insurance. Vehicles are also inspected on site to verify all license plates.

Documentation

To accept the inheritance and register the car with the traffic police, you will need different sets of documents:

InheritanceRegistration
Death certificate of the testatorStatement
Conclusion of the assessment examinationOSAGO policy
StatementCertificate of inheritance
PassportSTS and PTS
STS and PTSPassport
Documents confirming relationship: birth certificate, marriage certificate, etc.Receipt for payment of state duty
Will, if inheritance by law does not apply
Diagnostic card

Possible problems

When inheriting vehicles, two problematic situations most often arise:

  1. The successor actually accepted the inheritance, but never received a certificate. If at that time he was servicing the car, operating it, paying taxes, he must prove actual acceptance by contacting a notary, and in particularly difficult situations - in court.
  2. The car was transferred by will, but the heir did not receive a certificate. In any case, this document must exist, even if there is a will. You should contact a notary for a certificate, because without it you will not be able to re-register your car.

Re-registration of a car after the death of the testator occurs only after the legal successors enter into the inheritance. To do this, you need to submit documents to a notary, and then re-register ownership with the State Traffic Safety Inspectorate based on the received certificate.

( 7 average 5 out of 5 )

Source: https://niavto.ru/avtodokumenty/pereoformit-mashinu-esli-xozyain-pomer/

Costs that heirs will face when registering with a notary

The amount of the state duty depends on the degree of relationship. For children, spouses, brothers and sisters, as well as parents of the deceased, it is set at 0.3% of the total value of the estate. In this case, the state duty cannot exceed 100 thousand rubles. All other persons pay 0.6% of the specified cost, but not more than one million rubles. Minor heirs, in accordance with the procedure established by Article 333.38 of the Tax Code, are generally exempt from duty.

ATTENTION !!! A separate expense item is payment for legal and technical services of a notary. The size of such a fee, based on the cost of the car and the region of Russia, ranges from 2 to 3 thousand rubles. These services are not mandatory.

The procedure for re-registration with the traffic police

After full entry into the inheritance, the time comes for the next step - re-registration with the state inspectorate. The period for such an action is set at ten days from the date of receipt of the inheritance certificate (calendar days are counted, not working days).

To do this, the new owner submits documents to the traffic police in accordance with the list below:
  1. application for re-registration in writing in one copy;
  2. a receipt confirming payment of the state fee;
  3. MTPL policy issued in the name of the new owner;
  4. certificate of previous registration of the car for the previous owner;
  5. a copy of your passport;
  6. a copy of the certificate of inheritance;
  7. the vehicle itself.

Along with copies, originals of the listed documents may be required.

The fine for late registration of an inherited car is fixed at 1,500-2,000 rubles.

IMPORTANT !!! During the above period, it is also necessary to draw up a contract for compulsory motor liability insurance with the selected insurance company. To obtain compulsory motor liability insurance, a technical examination of the vehicle is carried out and a diagnostic card is filled out.

Is it possible to buy a car if its owner has died, and what are the consequences?

Quite possible. The main thing is that the vehicle already has heirs who have entered into it and thereby received the appropriate certificate of inheritance.

When purchasing this car, you will simply need to take a copy of the certificate and, together with the original, notarize it and then present it to the traffic police to register this car. Otherwise, your re-registration will be denied.

We discussed this issue in more detail in an article about the intricacies of buying a car if the owner has died.

Re-registration fee

What is the cost of the traffic police duty in 2021? The amount of the fee depends on whether the new owner changes the car’s license plate or keeps the old one. For the issuance of a new certificate, the heir will pay 500 rubles. For making changes to the vehicle passport you will have to pay an additional 350 rubles.

If the car numbers change, then the traffic police will cost 2,000 rubles for such a replacement.

The re-registration procedure itself must be completed within one business day.

What will happen if this is not done?

We already mentioned above that you don’t have to strain at all and don’t write any statements. In fact, this is a problem for the employees of the State Traffic Inspectorate themselves, as well as the Tax Inspectorate.

What's the point here? The problem for you is that transport tax is charged upon vehicle registration. And someone needs to pay it. But, in fact, this is not a problem either.

The fact is that the taxpayer is recognized as the person to whom the car is registered (and not according to the right of ownership under the purchase and sale agreement, as it should be “correctly”). Accordingly, the tax is charged only on the deceased owner of the car (Article 357 of the Tax Code of the Russian Federation).

Therefore, we get 3 important facts:

  • a taxpayer can only be the one in whose name the car is registered with the traffic police,
  • upon the death of the owner, no one has an obligation to inform the registration department about this - there is no such obligation in any laws,
  • and after the death of the owner, the calculation of any tax on him ceases (Article 44 of the Tax Code of the Russian Federation).

That is, in practice, tax authorities can send any demands, initiate enforcement proceedings, and file a lawsuit for the payment of transport tax to a deceased person. However, these acts can be easily challenged by providing a death certificate. And then all taxes calculated from the date of death must be canceled.

Does the tax pass on to heirs?

Yes, if we are talking about arrears of tax already accrued before the death of the owner. And no, if we are talking about the tax continuing to accrue after death.

Thus, it will be necessary to pay those accruals that were made legally - before the date of death of the person. After that, they must be canceled according to the algorithm we specified above. For example, if the owner died on June 1, 2021, then at the end of next year they will send a tax notice about the obligation to pay the debt. And whoever inherits a car will have the obligation to pay transport tax for the period from January to May 2021 inclusive.

But if the tax authorities learned about the death of the owner of the car later, because the registration was terminated later, this does not matter. Any accrual after June 1 must be recalculated.

Something else useful for you:

  • New rules for making changes to the design of a car and PPRF No. 413
  • How to buy a used car legally?
  • How to register a car of a legal entity with the traffic police?

Registration of a car in the State Traffic Safety Inspectorate for several heirs

When inheriting under a will, the new owner of the car is usually clearly determined by the testator. But a person does not always have the opportunity to draw up a will, and then the procedure of inheritance according to law is applied. And here there may be several heirs and the car becomes shared ownership.

But registration with the traffic police is allowed only for one owner. To do this, the heirs must agree on which of them will register the vehicle and submit an application to the traffic police about this. But when filling out the PTS, in the column called “Other notes” other owners of the car will be indicated. They will also be included in the traffic police database.

What to do with the car after the death of the owner: how to re-register

After the death of a car owner, the question always arises: what to do with the car next? Do relatives have the right to use a car? Do I need to register an inheritance for him and register him in a new way?

It should be remembered that the car has a market value, and therefore has material value and is movable property, is inherited and must be legally registered and transferred to the new owner.

Inheriting a car

A car whose former owner has died, like any movable property, is inherited. Moreover, the heirs should carefully understand the legislation of the Russian Federation in order to take possession in a timely manner and in accordance with the legal procedure.

Any violation of the terms and order of inheritance may lead to the car being confiscated by the state and becoming its property.

If during his lifetime the car owner did not manage to transfer the right to own and drive the car to any of his relatives, then the vehicle falls into the general “inherited estate”, and his heirs will be able to use it only after completing the documents and receiving a certificate after a 6-month mandatory waiting period.

Usually, by law, a six-month waiting period is required: notaries need time to find all legal heirs. But this is ideal. In reality, the situation looks somewhat different.

  • If the deceased owner of the car has made a will in which he indicated the heir to the property and the car, he can only obtain a notary’s certificate of actual acceptance of the inheritance. And if there are no disputed claimants to the inheritance, he can continue to use the car - he has the right to this, since he maintained, maintained and protected the vehicle at his own expense.
  • If the former owner of the car did not leave a will, and there is more than one potential heir, and not everyone agrees to transfer the car to someone alone, then no one will own the car until the waiting period has expired, after which one of the heirs will become its legal heir. owner and will register it in his name.

The legal situation in which the owner of the car did not leave a will is more complicated, since in this case the provision of the Civil Code of the Russian Federation on the procedure for inheritance rights comes into force.

The main contender for inheriting a vehicle is the legal spouse, since the car was usually purchased during the period of joint ownership of the property.

In addition, the children of a deceased citizen and his parents can claim their share (even if the car is transferred to the new owner by will). What is important to understand here?

  • If the car was purchased after a divorce, the former “other half” does not have rights to inherit the vehicle.
  • If a car is inherited by a minor citizen, it will remain in the possession of his guardians until he reaches adulthood.
  • If there are several heirs, the car is registered in the name of one of them (usually the spouse), after which he is obliged to compensate the cost of the car to the other heirs.

Important! A car, as an inherited property, is indivisible - no shares of different heirs, which is allowed when inheriting real estate, are not provided for.

That is, if the main heir receives a car, he evaluates its real value and registers the vehicle in his name. The remaining heirs receive their shares of the inheritance, taking into account compensation for the cost of the car in equal shares.

The new owner of the vehicle also assumes the fines of the former car owner.

In case of refusal, the vehicle passes further down the line of heirs, and if other heirs disagree with this division of property, the dispute is resolved in court.

So, in order to receive an inheritance (including the right to own a car), the heir or heirs must go through the procedure of entering into inheritance rights and receive a notarized certificate.

To do this, a citizen turns to a state notary with a package of documents.

The notary opens the inheritance, and within 6 months after the death of the property owner, accepts and verifies documents from all legal heirs, and also searches for unknown heirs.

During this period, all potential heirs who have material claims must declare themselves and confirm their rights with documents.

The notary must submit:

  • death certificate of the property owner;
  • a copy of the will (if any);
  • passport;
  • evidence of family ties with the deceased citizen;
  • documents for the car (STS and PTS);
  • auto expert assessment report;
  • receipt for payment of state duty.

The potential heir must have the vehicle appraised by an accredited independent appraiser. This is important, since the assessment results determine the amount of state duty and the share of compensation to other heirs, if any. The assessment report must be drawn up in accordance with the strict requirements of the legislation of the Russian Federation.

The cost of an appraisal usually averages 2-2.5 thousand rubles, the state duty for notary services ranges from 0.3% of the appraised value of the car, but not more than 100,000 rubles. When a vehicle is inherited by a distant relative of the deceased, a duty of up to 0.6% of the cost of the car may be charged.

Re-registration of a car after the death of the owner

According to the law, after inheritance rights have been formalized, the car must be registered in the name of the new owner at the traffic police. If it passed to a new owner by will, he can register it in his name immediately; if there are several heirs, then they decide among themselves in whose name to register it (if they do not sell it by agreement to divide the funds equally).

Here the fundamental question is resolved: who will be listed in the traffic police and PTS databases? If only one owner is indicated, then he then compensates the cost of the car to other heirs in the required shares, or other co-owners are also included in the title as having the right to drive the vehicle.

Registration can be done at any department of the State Traffic Inspectorate by contacting there with a package of documents:

  • application for re-registration of a car;
  • passport;
  • certificate of right of inheritance of the vehicle;
  • documents for the car (certificate and title);
  • MTPL policy of the new owner.

The new owner is given 10 days to re-register the car and enter new data into the registration documents. You will have to pay 500 rubles for the service (+350 rubles for changes to the PTS +2,000 rubles for new license plates, if needed). A receipt for payment of the state duty is attached to the package of documents upon submission.

Important! Registering a car in the name of the new owner simultaneously automatically removes the car from registration in the name of the deceased owner. That is, a separate procedure is not needed.

Usually the entire procedure is completed within one day if you are personally present at the traffic police department. Time can be saved if you use the services of the electronic portal “Government Services”.

Through "State Services"

Contacting the State Traffic Safety Inspectorate through the State Services service to register an inherited car can significantly save time on standing in lines at the registration department of the State Traffic Inspectorate. You can submit documents for re-registration through the website and agree on the date and time of completing registration procedures and receiving documents.

To do this you need:

  • go to https://www.gosuslugi.ru/10059/12 and log in;
  • fill out an electronic application form and enter data from the documents of the new owner and vehicle;
  • choose a convenient traffic police department and make an appointment;
  • submit an application;
  • pay the state fee.

On the appointed day, you need to come by car to the traffic police with a package of documents, hand them over and receive new documents for the car within the day.

Fines from the previous owner

If you have entered into inheritance rights to a car, you automatically recognize yourself as the payer of the former owner's fines and debts on the vehicle (if any). This is the requirement of Article 39 of the Code of Administrative Offenses of the Russian Federation. But, it is important to remember that you will only have to pay fines for the last 2 years.

If you do not want to pay the debts of the deceased owner for the car, you automatically refuse the inheritance, and you should draw up an official refusal in the presence of a notary. You are given 6 months to do this from the date of death of the former owner of the property.

In conclusion, it should be noted that the procedure for entering into an inheritance and the right to own a car by inheritance has some difficulties and requires careful adherence to the rules and deadlines. However, you have six months after the death of the former owner of the property to study in detail the legislative requirements of the Civil Code and prepare to assume the rights of the owner.

The ideal option, of course, is to inherit a vehicle by will - there is a less complicated procedure and a more transparent process of transferring property rights. But if your relative did not leave a will, this is not a critical problem: the law allows you to inherit and transfer the car to yourself in the shortest possible time.

Source: https://www.driver-helper.ru/registra-iya-avtomobilya/chto-delat-s-avtomobilem-esli-xozyain-umer

Selling an inherited car

There are cases when an inherited car is immediately intended for sale by the heir. In this case, it is not necessary to go through the re-registration procedure with the traffic police. You can immediately register the vehicle in the name of the purchaser, but, in any case, you must submit a certificate of inheritance of the car. These rules apply to those cars that are already registered with the traffic police and have a properly completed vehicle passport.

ATTENTION !!! If a car is sold immediately after receiving an inheritance, the heir will pay a tax of 13% of its value, but only if the price of the car exceeds 250 thousand rubles.

Restore documents for a car if the father died

My father died, and he owned a car. I cannot re-register it in my name, because... shortly before his death, the PTS was lost. Please tell me what to do, where to go and what documents are needed for this! Thank you in advance!

Elena, to enter into an inheritance, why contact a notary in Volkhov, after receiving a certificate of the right to inheritance (for a car separately) on behalf of the heir, restore the PTS through the State Traffic Safety Inspectorate. But be warned. — for a car, make an inheritance certificate for one heir. If there are several of them, let the rest refuse in favor of this one. Good luck.

Buying a car with a lost title.

The heirs must enter into an inheritance (this is the only way), having previously decided who will inherit. The first thing to do is to contact a notary so that he includes the car in the inherited property. When the heir comes to the office, he must explain that he also has a car.

All this is needed to obtain a inheritance for the car, which the traffic cops will require to restore the title. Another thing is that the notary will need documents proving that this car belonged to the deceased.

Restoration of PTS: REQUIRED DOCUMENTS: Passport, Certificate of Registration,

OSAGO policy

Fill out the standard application form at the MREO - “I ask you to issue a duplicate PTS to replace the lost one.”

Write an explanation addressed to the head of the MREO, tell where and how you lost (stolen) your PTS. Both a special form and a simple sheet of paper are suitable for the application.

All the documents you have collected (personal passport, registration certificate, MTPL policy, receipts for payment of state duty for issuing a PTS - 100 rubles, for issuing a registration certificate - 100 rubles) are taken to the MREO.

Present the vehicle for inspection.

You're waiting. The check carried out by MREO employees in the event of the loss of a vehicle title can take from 2 hours to 2 weeks, depending on the circumstances.

You can buy a car whose owner has died from the heirs after they officially enter into inheritance.

In order to enter into an inheritance, the heirs must contact a notary with an application to accept the inheritance. The notary will open the case, give a list of documents that need to be collected and provided, and after the expiration of the standard period of 6 months after the death of the testator, the heirs will assume inheritance rights.

A duplicate of the lost PTS will be issued to future heirs at the MREO upon request of a notary.

After a friend inherits a car, let him restore the documents.

First, your friend needs to be included in the inheritance. And only after that he can start restoring the documents for the car. After receiving the documents, the car can be sold.

Hello! Six months after the death of the testator, your friend must enter into the right of inheritance of this car.

However, the notary will require the procedure for restoring the PTS: the heir (your friend) writes an application to the Interdistrict Registration and Examination Department of the State Road Safety Inspectorate with a request to issue a duplicate PTS to replace the lost one, explaining the reason for the loss. Next, follow all procedures for checking the vehicle and receive a duplicate. Then you hand it over to a notary to formalize the inheritance, and only after that the car is sold.

You must first wait until 6 months have passed from the date of death of the previous owner, and then enter into inheritance rights to the car. Then you need to contact the State Traffic Safety Inspectorate with these documents to restore the documents for the car (duplicate PTS). As soon as the title is received, the car can be sold.

https://www.youtube.com/watch?v=_Pj18Vv4BEc

My father died, and he owned a car. I cannot re-register it in my name, because... shortly before his death, the PTS was lost. Please tell me what to do, where to go and what documents are needed for this! Thank you in advance!

Elena, to enter into an inheritance, why contact a notary in Volkhov, after receiving a certificate of the right to inheritance (for a car separately) on behalf of the heir, restore the PTS through the State Traffic Safety Inspectorate. But be warned. — for a car, make an inheritance certificate for one heir. If there are several of them, let the rest refuse in favor of this one. Good luck.

Buying a car with a lost title.

The heirs must enter into an inheritance (this is the only way), having previously decided who will inherit. The first thing to do is to contact a notary so that he includes the car in the inherited property. When the heir comes to the office, he must explain that he also has a car.

All this is needed to obtain a inheritance for the car, which the traffic cops will require to restore the title. Another thing is that the notary will need documents proving that this car belonged to the deceased.

Restoration of PTS: REQUIRED DOCUMENTS: Passport, Certificate of Registration,

OSAGO policy

Fill out the standard application form at the MREO - “I ask you to issue a duplicate PTS to replace the lost one.”

Write an explanation addressed to the head of the MREO, tell where and how you lost (stolen) your PTS. Both a special form and a simple sheet of paper are suitable for the application.

All the documents you have collected (personal passport, registration certificate, MTPL policy, receipts for payment of state duty for issuing a PTS - 100 rubles, for issuing a registration certificate - 100 rubles) are taken to the MREO.

Present the vehicle for inspection.

You're waiting. The check carried out by MREO employees in the event of the loss of a vehicle title can take from 2 hours to 2 weeks, depending on the circumstances.

Source: https://AVSU-pitanie.ru/info/vosstanovit-dokumenty-na-avto-esli-otec-umer/

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