What are the procedures for foreigners to inherit real estate in China?

1. Procedures for foreigners to inherit real estate in China.

Overseas Chinese or foreigners who inherit real estate in China shall go through the following formalities in accordance with the relevant regulations:

1) Overseas Chinese or foreigners who apply to inherit real estate in China must apply to the notary public of the country of residence for a notarial certificate certifying the applicant's occupation, address and kinship with the deceased who has left real estate in China. The notarial deed must also be authenticated by the Chinese embassy or consulate in the country (except for those that are exempted from legalization between the two countries according to the consular treaty). If overseas Chinese or foreigners handle notarized documents in countries that have no diplomatic relations with China, in principle, they need to be authenticated by the embassies (consulates) of the country and the third country that has diplomatic relations with China.

2) The applicant shall apply for formalities at the notary public where the property is located with the above-mentioned certified notarial certificate, the death certificate of the decedent, the will, etc. After reviewing the relevant documents, the notary public shall issue a certificate of inheritance to the house if it is deemed to be in compliance with the laws and regulations of our country. With this certificate, the applicant shall go to the real estate management department where the property is located to handle specific inheritance matters.

If the applicant cannot come to China in person to handle inheritance matters, he or she can entrust another person to handle the inheritance matters on his behalf. When handling real estate inheritance matters, the power of attorney should also be submitted, and the power of attorney should indicate the name, address, and authority of the person and be signed and sealed by the settlor. The power of attorney shall also be notarized and authenticated in accordance with the regulations.

3) In the event of a dispute arising from the inheritance of real estate in China, overseas Chinese or foreigners may file a lawsuit with the people's court where the real estate is located, and the people's court shall rule in accordance with the law.

2. How to calculate the transfer fee of the inheritance house.

How should the transfer cost of an estate home be calculated, and what are the relevant steps and processes. First of all, it is necessary to open supporting documents to prove identity, followed by real estate appraisal, assessing the value of the property, and then applying for inheritance notarization. The corresponding steps have specific related fees to collect, and the relevant estate house transfer fees can be paid according to the corresponding steps.

1) Issuing supporting documents.

You must first go to the police station where your own unit or father's household registration is located, and go to the legal consultation center to issue a certificate of relationship.

Fees: The fees required for the issuance of relationship certificates are actually incurred and must be handled by the heirs themselves.

2) Property appraisal.

Since it is an inheritance appraisal, it will generally be lower than the normal market value of the property, roughly 20%-30% lower. Therefore, when handling the appraisal, it must be declared that it is for the appraisal business of real estate inheritance.

At present, there are few companies in the society that handle the evaluation of inheritance property rights. Therefore, it is important to find out if the home appraisal company you have chosen is qualified for inheritance appraisal.

Fees: The appraisal fee is 5% of the appraised price of the property, but at least $1,000 will be charged for each case.

3) Inheritance notarization.

Go to the notary office to notarize the inheritance.

Fees: The inheritance notary fee is appraised value.

The law prohibits foreigners from owning property in China... Inheritance of foreign property can only be seen by the policy of the host country.

Legal analysis and judgment: Foreigners can inherit real estate in China. Foreigners who apply to inherit real estate in China must apply to the notary public of the country of residence for a notarial certificate, which must be authenticated by the embassy or consulate of our country in China, and after authentication, take the identity certificate, notarial certificate, death certificate of the decedent, will, etc. to the real estate management department where the property is located to handle specific inheritance matters.

Legal basis: Civil Code of the People's Republic of China

Article 1123 After the commencement of inheritance, the inheritance shall be handled in accordance with the law; 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.

The Civil Code applies to the inheritance of real estate by foreigners in China. Foreigners who apply to inherit real estate in China must apply to the notary public of the country of residence for a notarial deed, which must be authenticated by the embassy or consulate of the country of Tanzania in China, and after authentication, bring the identity certificate, notarial certificate, draft of the decedent's death certificate, will, etc. to the real estate management department where the real estate is located to handle specific inheritance matters.

[Legal basis].

Article 14 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property, if 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 provides that 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 commencement of succession, it shall be handled in accordance with 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.

If a foreign-related inheritance inherits real estate in China, it is necessary to apply to the notary public of the country of residence for a notarial deed to prove the applicant's occupation, residential address and kinship with the deceased who has left real estate in China. After that, go to the notary office where the property is located to apply for the formalities. If it meets the requirements of the laws of our country, a certificate of inheritance of the house will be issued, and then the procedures for inheriting the property will be handled.

1. How to handle the transfer of inheritance real estate.

1. Housing appraisal: First of all, the heir needs to conduct a market value appraisal of the inherited house through an appraisal company with appraisal qualifications.

The real estate appraisal is mainly based on the housing location, sitting direction, floor, building age, etc., and the appraisal company will conduct professional ** analysis and property price appraisal according to the above appraisal basis, market value**.

2. Inheritance notarization: Generally speaking, inheritance through notarization is the most effective, so it is recommended that heirs go to the notary office where the house is located to handle inheritance notarization and receive inheritance notarial certificate.

3. Housing surveying and mapping: The heir shall apply to the real estate surveying and mapping department for the surveying and mapping of the housing area or transfer procedures, and receive the surveying and mapping results or drawings (to prepare for the registration of property rights).

4. Inheritance registration: The heir applies for inheritance transfer registration procedures at the real estate registration center.

Collect and fill in the "Application for Registration of Real Estate Failure and Property Rights" at the real estate registration center, and submit the housing property right certificate, state-owned land certificate, inheritance notarial certificate, housing surveying and mapping and other information, and then the window handling staff will accept the case and issue a receipt.

5. Other circumstances: If the inheritance of the property is through the court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted to prove the ownership of the house.

2. Inheritance of real estate transfer materials.

There is no time limit for property inheritance, that is, after the death of the deceased, everyone can apply for inheritance registration at any time. However, you should note that the longer the time, the more troublesome the procedures may be, and the cost may increase, so you need to bring the following materials:

1. Certificate of housing-related rights;

2. Inheritance notarization;

3. ID card and copy of the heir;

4. Death certificate of the decedent;

5. Housing registration application form (pick up at the reception window).

If there are multiple children to inherit together, all heirs need to apply for inheritance notarization at the notary office, and if someone does not apply for notarization at the notary office, the notary office will not be able to issue a notarial certificate, so it may not be able to go through the real estate transfer registration procedures.

Legal analysis: Foreigners can be accompanied by wisdom to inherit the real estate in the country before the country, and only ask that the real estate be the legal property of the decedent.

Legal basis: 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 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.