How to go through the transfer procedures for bequeathed property

If the transfer of the real estate certificate does not go through a real estate agent, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).

After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

After the application materials for the transfer of real estate are submitted to the real estate bureau, the real estate bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

After the property transfer tax is paid, you can get the title deed.

1. Required materials:

1) To go through the procedures for the transfer of the real estate certificate, you must 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) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, 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 documents 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 decedent and the legal heirs

4. The identity document of the heir is required to handle the transfer of the real estate certificate

Other materials to be submitted for notarization of inheritance rights with a will: the will made by the decedent (the will must be a notarized will, and other forms of wills are not allowed because their authenticity cannot be determined).

3) To handle the registration of house transfer, the applicant is the heir or legatee.

The applicant shall submit the following documents to the registration authority: Application for Real Estate Registration (Original), Certificate of Identity (Copy), Certificate of Real Estate Rights (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original) or Certificate of Deed Tax Payment (Original).

4) Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.

2. Expenses required for transfer:

1) Notary fee: 2% of the house price, 2) Appraisal fee: 2% of the house price.

3) Stamp duty: paid according to the appraised value of the house.

4) Land value-added tax: 1% of the house price.

5) Housing property registration fee: RMB.

Note: After the death of the elderly, the children can only transfer the property through inheritance, theoretically there is no time limit, but it is best to handle it as soon as possible, and it is necessary to pay attention to the fact that the house will pay 20% personal income tax within five years after the transfer.

The procedures for handling the transfer of real estate gift are: signing the gift contract, paying the relevant fees, notarizing the gift, notarizing the real estate, and transferring the ownership of the house. House donation refers to a civil legal act in which one party voluntarily donates his or her house to another person free of charge, and the other party is willing to accept it.

Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance, etc., and goes to the housing ownership registration center to go through the procedures for changing the property rights.

A gift of real estate refers to the act of one party voluntarily giving his or her private property to the other party for free, and the other party is willing to accept it. This behavior generally occurs between relatives or friends. Property gifts are a form of real estate transactions that often arise in everyday life.

However, the gift of real estate is different from other forms of real estate transactions, and when the act of real estate donation occurs, the parties can only go through the formal formalities in accordance with the relevant special requirements and procedures of the real estate gift. According to the Regulations on the Administration of Urban Private Housing, the donated house must submit the house ownership certificate, gift letter and deed, and go through the registration procedures for the change of house ownership with the real estate management authority. Moreover, only after the formal registration procedures for the change of ownership have been completed, the house gift can be regarded as having legal effect.

The specific steps for handling the procedures for real estate donation are: (1) The donor and the donee enter into a written contract on the gift of the house, that is, the gift letter. (2) The donee shall pay the deed tax according to the provisions of the Provisional Regulations on Deed Tax with the original house ownership certificate and gift letter, and the deed tax is 3% of the current value of the house, and receive the deed.

3) The donor delivers the house to the donee. The "delivery" here is subject to the registration of the property rights of the house. That is, the donor and the donee shall, within three months from the date of delivery of the donated house, apply to the housing management authority for registration of ownership transfer with the original house ownership certificate, gift letter and deed and the identity certificates of both parties.

The gift of real estate is subject to the tax fee of this discussion: 1. Real estate value appraisal fee; The total amount of the subject matter of the grade (10,000 yuan) progressive billing rate The document is based on the following 1100 (including 100) 5 Beijing price (room) word [1997] No. 419 2101 above to above Gift notary fee: charged at 2% of the beneficiary amount, with a minimum charge of 200 yuan; 3. Deed tax: transaction price; 4. Stamp duty:

Transaction price ; 5. Stamp duty on warrants: 5 yuan per copy; 6. Real estate registration fee: 100 yuan.

Legal analysis: After the inheritance begins, the heir applies for inheritance notarization, and the applicant applies for house transfer registration with the notarial certificate of inheritance. If the heirs cannot reach an agreement or cannot obtain the notarization of inheritance rights, they may file a lawsuit for inheritance dispute with the court, and after the court judgment and mediation, the applicant shall apply for the registration of the transfer of ownership with the effective legal documents issued by the court.

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

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 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 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.

Legal Analysis:1Go 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.For the registration of housing transfer, the applicant is the heir or legatee, and shall submit relevant materials to the registration authority to complete the transfer.

The documents required for the transfer of the bequest property are as follows:

1.Application for registration of real estate;

2.Proof of identity;

3.Certificate of Real Estate Title;

4.Notarized documents of inheritance rights or notarial deeds of wills and notarial deeds of acceptance of bequests.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 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 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. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property》 Article 14 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 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.