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To go to the notary office where the inherited property is located to handle the notarization of real estate inheritance, the applicant shall provide the following information: (1) the death certificate of the decedent (such as the death notice of the hospital, the ashes certificate, the cremation certificate, etc.), the ID card, the household registration book (cancellation of household registration), etc.; (2) Proof of property left by the deceased, such as real estate certificate, deposit certificate, etc. If the estate is in Hong Kong, an inventory of the estate issued by the Estate Duty Office of Hong Kong must be provided; (3) The heir's ID card, household registration booklet, marriage certificate; (4) Proof of kinship; (5) If the heir is unable to go to the notary office in person due to special circumstances, a notarized power of attorney must be provided.
6) Other supporting materials that the notary deems necessary to provide. Inheritance notarization In addition to the materials of general property inheritance, due to the particularity of equity inheritance, the following supporting materials should also be submitted: (1) proof of capital contribution; (2) Register of Shareholders; (3) The company's business license as a corporate legal person; (4) Articles of association filed by the administrative authority for industry and commerce; (5) Appraisal report of the company's assets.
Deposit inheritance 1, inheritance notarization Apply to the notary office where the savings institution is located for a notarial certificate of inheritance, and the materials to be provided are referred to the inheritance notarization of real estate inheritance above. 2. Go to the savings institution with the notarial certificate of inheritance to go through the deposit transfer or payment procedures. Legal basis:
Article 25 of the Inheritance Law of the People's Republic of China provides that after the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of. If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within two months after knowing that he has received the bequest, make an expression of acceptance or renunciation of the bequest, and if he does not do so by the expiration date, it shall be deemed to have given up the bequest.
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I need to start by saying that your mother's share is 50%, and your son and daughter have 50%.So if you want your mother to have 100% possession, you still need your sister's signature. This can only be solved within you.
In other words, if you and your other sister agree to give your property to your mother, your mother will own 50% of her original + both of you. All that's left is your sister's share of the house
How to handle it must first go to the notary office to fair the relationship between you and the property owner, and then go to your local housing authority to handle it.
One more thing to add is that all you can do now is the inheritance process. It has nothing to do with the nature of the transfer.
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For a house that has received the "Real Estate Ownership Certificate", when the owner of the house dies, its legal heirs can apply for the registration of the inheritance of the house. The general steps are as follows:
1. Housing appraisal: First of all, the market value of the house must be evaluated by the appraisal company.
2. Inheritance notarization: The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted.
If some of the legal heirs voluntarily renounce their inheritance rights, they must issue a certificate of renunciation of their property commitment.
3. Housing surveying and mapping: The applicant must apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or the transfer of drawings, and receive the surveying and mapping results or drawings in order to go through the property rights registration procedures.
4. Inheritance registration: The applicant shall apply for inheritance registration procedures at the real estate trading center with real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates.
5. Other information to be submitted: If the ownership of the house and other matters are subject to court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted. If the house is found to have been rebuilt or has illegal construction after on-site surveying and mapping, it must be submitted to the planning department for construction review or decision.
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Hello: If the house is an inheritance, if you want to transfer the house, you need your mother, you and your sister to go to the real estate transaction center to go through the transfer procedures. to confirm that the other two have renounced the inheritance.
This is a stipulation, there is no other way, his signature must be required, if he did not come, he can issue a written power of attorney and entrust someone else to handle it.
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Property Inheritance Procedure:
1. The inheritance of real estate should first go to the notary office of the inherited real estate to handle the notarization of real estate inheritance;
2. Go to the real estate transaction center to go through the real estate inheritance procedures.
1) Inheritance notarization: Inheritance notarization needs to bring two certificates and two documents: 1. Go to the police station to which the decedent belongs to issue the death certificate of the decedent;
2. Go to the deceased's unit (or neighborhood committee or village committee) to issue a certificate of heirs;
3. Proof of identity of the heir;
4. The inherited real estate certificate or other supporting documents.
If there is more than one legal heir and the property is transferred to only one of them, the written consent of the other person is required to renounce the inheritance of the property.
5. The will made by the deceased before his death (in the case of testamentary succession).
2) To the real estate transaction center to handle the real estate inheritance required to submit information:
1. Certificate of house ownership;
2. Inheritance notarization;
3. ID card and copy of the heir;
4. Application for house ownership registration (received at the reception window).
c) Required Fees:
1. Inheritance notary feeThe inheritance notary fee shall be charged according to 2% of the appraisal price of the real estate inherited by the heir or 2% of the beneficiary amount, with a minimum of not less than 200 yuan;
2. Real estate value appraisal fees.
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How to inherit the inheritance of the parents' estate?
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Real estate inheritance process:1. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate.
2. Go to the district or city notary office to handle the notarization of inheritance rights.
3. The applicant shall submit the following documents to the registration authority: "Application for Real Estate Registration", identity certificate, certificate of real estate right, notarized document of inheritance right or notarial certificate of will, notarial certificate of acceptance of bequest, and certificate of tax payment of deed tax.
4. Bequest and inheritance are subject to tax; Statutory succession is not required.
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Legal analysis: 1. The formalities must be cancelled at the police station where the decedent's household registration is located and the death certificate must be processed;
2. Go to the district or city notary office (the original export commercial house to the city notary office) for inheritance notarization, and there are two kinds of real estate inheritance: one is testamentary inheritance, and the other is statutory inheritance. The materials that need to be submitted are:
1. Death certificate of the decedent;
2. The property right certificate or other certificate of the house;
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.
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 inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, 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 procedures for inheriting the estate of the house are as follows:
1. The heir shall cancel the household registration at the police station where the decedent's household registration is located and apply for a death certificate;
2. The heir shall go to the district or municipal notary office to handle the notarization of inheritance rights;
3. The heir submits the "Application for Registration of Fang and Qin Real Estate", identity certificate, real estate right certificate, inheritance notarization document or notarized certificate of will to the housing management bureau for housing transfer registration and complete the transfer.
Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
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Inheritance of real estate generally does not require formalities. However, the procedures required to transfer property rights after the inheritance of Honghong's house are:
1. The parties provide relevant materials to claim the transfer of real estate to the real estate registration center;
2. The real estate registration center examines the application materials;
3. After review, if it is confirmed that the application meets the conditions for transfer, the transfer shall be approved.
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 the purpose of sale, mortgage, state right, 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.
If the real right is acquired by inheritance, it shall take effect from the beginning of the inheritance.
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Inheritance procedures: 2018 real estate inheritance transfer process.
1. The notary heir shall first notarize the inheritance before going through the real estate inheritance procedures, and the heir shall first go to the district notary office where the house is located to handle the justice of inheritance when handling the inheritance transfer, and if the property of the house is still an export commercial house, it is also necessary to go to the city notary office for notarization. Here, the notary office will charge a notary fee of 200 yuan for inheritance according to 2% of the beneficiary amount.
2. After completing the formalities of notarization of inheritance, the heirs of real estate management need to bring the original notarized certificate of inheritance, the application for inheritance transfer, the ID card of the heir, the original real estate right, the floor plan of the house, the deed tax payment certificate and the deed tax payment decal, and the death certificate of the decedent to carry out the inheritance registration.
3. Fee payment: The heir will also incur several expenses in the process of handling the real estate inheritance procedures, and the three main fees that need to be paid are: handling fee, stamp duty, and surveying and mapping fee. The charges in this process are also hail in accordance with the relevant regulations of the state, and the progressive billing method of differential rating rate is used.
That is to say, according to the total amount of real estate, the rate grade is divided, and the charges of various grades are calculated by grade, and the cumulative sum of the charges of each grade is the total amount of charges. The cost of the notary is determined by the price of the house and is added up in stages. Less than $200,000:
2 of the total room rate; 200,000 yuan to 500,000 yuan: 1 5 of the total house price; $500,000 to $1,000,000: 1 of the total house price; More than 1 million yuan:
Total room price 0 5 .
4. After completing the above procedures, the heir of the real estate transfer registration can handle the registration of the house transfer, and the applicant shall submit to the registration agency the original of the "Application for Real Estate Registration", a copy of the identity certificate, the original of the real estate right certificate, the original of the notarized certificate of inheritance or the notarial certificate of will, the original of the notarized certificate of acceptance of the bequest, the original of the deed tax payment certificate, etc. The heir needs to provide the death certificate of the deceased issued by the public security department when handling the registration of real estate transfer; Collect and fill in the application form for registration of property rights; Certificate of Ownership of the House; Applicant's ID card, a copy of which needs to be submitted; relevant tax payments; Inheritance notarization or court mediation letter or judgment; Other relevant documents.
5. If the relevant departments have completed the review and passed the Zidan trembling material, the new real estate certificate will come out and you can collect it on time. The above is an introduction to the real estate inheritance procedures in 2018, the legal heir can be testamentary inheritance or statutory inheritance when inheriting the house, but in practice, there are always some special circumstances, and the immediate family is not necessarily the only heir, so if the will or contract makes special provisions on some assets, it must be implemented according to the agreed treaty.
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