What should I do if my father dies and inherits the transfer of real estate

Real estate inheritance refers to the act of transferring the real estate left by the decedent to the heirs in accordance with the provisions of the Inheritance Law. So, what to do with the procedures for the transfer of inheritance real estate, find the legal network to introduce it to you, I hope to help you.

What to do about the transfer procedures of inheritance real estate, the main contents are as follows:

1) To go through the procedures for the transfer of the real estate certificate, 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 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;

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), identity certificate (copy), certificate of real estate right (original), notarized document of inheritance or notarial certificate of will, notarial certificate of acceptance of bequest (original), deed tax payment certificate (original).

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

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.

Legal analysis: If the parents are alive and the property is transferred, the death certificate of the grandparents is not required. If the father dies and there is no spring law to provide the death certificate of the grandparents, he can sue for the division of the father's estate.

Legal basis: Civil Code of the People's Republic of China Article 933 and 15 If the termination of the entrustment contract will harm the interests of the client due to the death of the client or the accusation of bankruptcy or dissolution by Xuan Congsen, the trustee shall continue to handle the entrusted affairs before the heirs, estate administrators or liquidators of the trustor accept the entrusted affairs.

Legal analysis: children acquire their parents' houses by inheritance, and there is no business tax, individual income tax and deed tax. The heir shall notarize the inheritance right with the will, and transfer the name to the housing authority with the notarial certificate of inheritance right.

On the whole, for an ordinary commercial house with a market price of 5 million, the above-mentioned taxes and fees add up to about 50,000 yuan. When the parents are alive, it is not possible to inherit the house, but to give it away. Parents voluntarily give their private property to their children free of charge.

Generally speaking, it is most convenient for immediate family members to pay notary fees, appraisal fees, registration fees, stamp duty, and the donee of the donated housing will also be subject to full deed tax, generally 3%. On the whole, if a house with a price of 5 million yuan is donated to a child in Beijing, the appraisal price is about 3.5 million, and the tax is about 120,000 yuan, which is higher than the inheritance.

Article 6 of the Deed Tax Law of the People's Republic of China.

Legal heirs (including spouses, children, parents, siblings, grandparents, and maternal grandparents) are exempt from deed tax if they inherit land and house ownership.

When the father dies, then the father's real estate is sold by the father's heirs and the joint inheritance is registered, and all the heirs go to the notary office to handle the inheritance notarization, and then go to the real estate transaction center to transfer the ownership after the high debate.

First do a notarization, do inheritance, and after the notarial deed comes down, you can go through the transfer procedures.

To go to the housing management bureau to transfer the property, you must have a certificate from the village committee or a certificate from the neighborhood committee.

After the death of the father, the property is ready to be transferred, and the transfer needs to be signed and sealed by the whole family, as long as one person does not agree, the transfer cannot be completed.

1. First of all, the heir should 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. To handle the registration of house transfer, the applicant is the heir or legatee.

The applicant shall submit to the registration authority the missing letter of the real estate registration application, a copy of the identity certificate, the original of the certificate of real estate rights, the original of the notarized document of inheritance or the notarial certificate of testament and the notarial certificate of acceptance of the bequest, etc.;

4. The tax bureau pays the fees, and the bequest is different from the statutory inheritance and testamentary succession, and the taxes need to be paid, and the expenses required for the transfer of real estate inheritance usually include the notarization fee of real estate inheritance, the cost of housing valuation and the tax of real estate transfer.

1. What is the process of inheritance and transfer of real estate?

1. Housing appraisal: The market value of the house must be evaluated by the appraisal company. The appraisal company will make an analysis of the property price according to important factors such as the road section, sitting direction, floor, and building 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.

3. Housing surveying and mapping: 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 applicant shall apply for inheritance registration procedures at the real estate transaction with the real estate 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.