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1. Inheritance procedures.
1. Go to the notary office to notarize the inheritance of real estate.
2. Go to the real estate transaction center to go through the real estate inheritance procedures.
2. The materials required for inheritance notarization.
1 Death certificate of the decedent.
2 Proof of identity of the heirs.
3. The inherited title deed or other supporting documents.
If there is more than one legal heir and the property is transferred to only one of them, a letter from the other person is required.
Agree, renunciating the inheritance of the property.
4. A will made by the deceased during his lifetime (in the case of testamentary succession).
5. Notary fee: 1% for half inheritance; 2% of all inheritances.
3. Documents to be submitted for transfer registration.
1. Application form for transfer of housing ownership;
2. Applicant's identity certificate and marital status certificate (check the original and receive a photocopy);
3. Certificate of ownership of the house;
4. Notarial certificate of inheritance right (if there is a notarial certificate of will, it is still necessary to go to the original notary office to notarize the inheritance right);
5 Pictures of house ownership certificates.
4. Tax items.
Registration fee, transaction fee, drawing fee, stamp duty on warrants.
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1. Death certificate of the decedent;
2. The property right certificate or other vouchers of the house are required for the transfer of the real estate certificate;
3. Household registration book or other documents that can prove the kinship between the deceased and the legal heir;
4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate;
Another information to be submitted for the notarization of inheritance rights with a will: the will made by the deceased.
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Legal property is part of a person's property and can be inherited as an inheritance in the event of the decedent's death. If you want to inherit the property, you must go through the real estate transfer procedures, and the specific procedures are as follows: 1. First, the heirs of the property must be confirmed.
If the decedent has left a will or bequest and maintenance agreement, the brother will inherit in accordance with the will or bequest and maintenance agreement; If there is no left, it will be determined according to legal succession; 2. The materials required for the transfer are: the death certificate of the decedent, the real estate certificate and its copy, the inheritance certificate of the heir, the ID card and its copy, and the notarial certificate handled by the notary office; 3. After preparing the above materials, all the heirs of the property should apply for transfer to the housing management exchange where the property is located.
Inheritance Law of the People's Republic of China
Article 5: [Methods of Inheritance]After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 10 [Scope of Heirs and Order of Inheritance] The inheritance shall be inherited in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" as used in this Law includes brothers and sisters of the same parents, half-brothers or half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.
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The inherited property also needs to be transferred, so that the house has legal effect, and the transfer is in whose name it is whose property it is.
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The creation and alteration of immovable property rights must be registered before they become effective. Where a real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest. In other words, the ownership of the property can be obtained from the beginning of the inheritance, and there is no need to go through the more cumbersome registration to confirm the property right.
However, in addition to the fact that the property inherited by the company can be acquired without registration, there are still some restrictions. China's property law also stipulates that when the property right obtained in accordance with the inheritance law needs to be disposed of, it still needs to be registered, and if it is not registered, then the disposition of the property right is invalid. Therefore, if you have no other plans for the inherited house, you don't need to go through the transfer registration, but if you want to make other plans, then it is better to go through the real estate registration and register the house in your own name, so that you can facilitate the specific re-disposal of it in the future.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no side-comic first-order heir to inherit, the second-order heir shall inherit. The term "children" as used in this Part includes legitimate children, illegitimate children, adopted children, and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
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The inheritance of the property needs to be transferred. The heir shall apply for inheritance registration at the real estate trading center with the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates, go to the resident tax office to handle tax verification, and obtain the tax payment certificate to change the name and transfer the ownership.
Legal basis] Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Movable Property.
Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.
Article 210 of the Civil Code.
The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 1123.
After the inheritance begins, it shall be handled in accordance with the statutory succession and defects; If there is a will, it shall be handled in accordance with the testamentary inheritance or destruction of the bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
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The inherited real estate shall be transferred in the following manner: the heir shall apply for transfer registration to the real estate registration center in person or by entrusting another person, and after the registration center reviews and confirms that the registration conditions are met, the transfer registration can be approved and the new real estate ownership certificate will be issued. In addition, to apply for registration, it is generally necessary to submit materials such as proof of inheritance, death certificate of the decedent, and real estate ownership certificate.
[Legal basis].Article 14 of the Interim Regulations on the Registration of Immovable Property.
Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply.
In any of the following circumstances, the parties may apply unilaterally:
2) Inheritance or acceptance of bequests to acquire immovable property rights.
Article 1123 of the Civil Code of the People's Republic of China.
After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 230.
Where a real right is acquired by inheritance, it shall take effect from the beginning of the inheritance.
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