How to inherit the property of parents and children, and what procedures need to be completed

How to handle the real estate inheritance procedures?

1. Children who legally inherit their parents' real estate are exempt from deed tax. Stamp duty is payable based on the appraised value of the property*.

2. Steps of property inheritance.

1. Housing appraisal: First of all, the market value of the house must be evaluated by the appraisal company. The appraisal company will make a professional analysis and property price appraisal according to important factors such as the road section, sitting direction, floor, and age of the house, and determine the accurate market value of the property.

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. After filling in the "Application for Real Estate Property Rights Registration" and submitting the above information, the case-handling personnel will accept the case and issue a receipt.

After all the information is verified, the real estate certificate of the changed owner will be issued.

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.

Legal analysis: It is necessary to handle the notarization of real estate inheritance, otherwise the real estate department will generally not change its name, and the parties applying for the notarization of real estate inheritance need to submit the following materials:

1. Provide the death certificate of the decedent (e.g., medical death certificate, household registration cancellation card, death cancellation page).

2. House ownership certificate and house value appraisal form.

3. Hukou and ID card of all legal heirs (the scope of legal heirs includes: parents, spouse and children of the deceased).

4. Marriage certificate, divorce certificate, divorce judgment, mediation letter, only child certificate, birth certificate, population card, cancellation card and other related materials.

5. Death certificate of the decedent's parents, etc.

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

Article 1123 After the commencement of succession, it shall be handled in accordance with the statutory or assigned 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 "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a dependent relationship. Envy.

1. It is necessary to apply for the notarization of real estate inheritance, otherwise the real estate department will generally not change its name Second, the parties applying for the notarization of real estate inheritance need to submit the following materials: 1. Provide the death certificate of the decedent (such as: medical death certificate, household registration cancellation card, death cancellation page).

2. House ownership certificate and house value appraisal form. 3. Hukou and ID card of all legal heirs (the scope of legal heirs includes: parents, spouse and children of the deceased).

4. Marriage certificate, divorce certificate, divorce judgment, mediation letter, only child certificate, Bi noisy birth certificate, population card, cancellation card and other related materials. 5. Death certificate of the decedent's parents. 6. If the decedent's husband and wife have died successively, the widow and non-remarriage certificate of the deceased party shall be provided.

It is generally issued by the District Civil Affairs Bureau and the District Archives). 7. Proof of disorderly tombs. Collect ** at the Harbin Notary Office, fill in the information of the decedent's spouse (including the original spouse and remarried spouse), children (including biological children, adopted children, and stepchildren with a dependent relationship) and parents (including biological parents, adoptive parents, and stepparents with a dependent relationship), and go to the heir or decedent's unit to affix the seal.

8. The heir or the heir's personnel file or a copy of the personnel file (usually the employee registration form or the employee resume), the copy shall be stamped with the official seal or the seal of the personnel department on each page of the copy by the file custodian unit, and the content of the file shall include all the legal heirs of the decedent. If there is indeed no personnel file, the household registration card issued by the police station, including all the legal heirs of the deceased, can be provided, and the police station will seal and certify. 9. One witness (with the original and copy of the ID card, requirements:

No kinship). 10. If there is a notarial certificate of will or other forms of will, provide a notarial certificate of will or other wills 11. Other materials required by the notary office. Note:

All legal heirs must be notarized in person at a notary office. Otherwise, a notarized Power of Attorney or Declaration of Renunciation of Inheritance Rights should be submitted.

If the heir acquires immovable property by inheritance or bequest, the heir needs to apply to the immovable property registration department for registration of the transfer of ownership of the real estate. It is necessary to submit death certificates, wills or agreements of all legal heirs on the distribution of immovable property, and kinship materials with the decedent, etc., and notarized materials or effective legal documents may also be submitted. What to Submit:

1. The original application form, which has a standardized format in the real estate trading center; 2. Identity documents of the parties; 3. If it is handled by the entrusted person, the original power of attorney and the identity document of the first person shall be provided, and the original export house shall be notarized; 4. Original real estate certificate; 5. The original floor plan and cadastral plan of the house, in duplicate; 6. The original deed tax payment certificate (for reference) and the original deed tax payment decal shall be submitted after paying taxes; 7. Death certificate of the decedent; 8. The original notarial certificate of inheritance or the original inheritance property agreement or the judgment and mediation document of the court; 9. Other relevant documents.

Legal basis] According to Article 32 of the Measures for Housing Registration, if one of the following circumstances occurs, the parties shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur: (1) sale; (2) Swaps; (3) Gifts; (4) Inheritance or bequest; (5) The division or merger of houses leads to the transfer of all the rights of rotational closure; (6) Investing in shares with housing capital; (7) The division or merger of legal persons or other organizations leads to the transfer of ownership of houses; (8) Other circumstances provided for by laws and regulations.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.