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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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Inheritance procedures must go through the process of housing appraisal, inheritance notarization, application for property rights registration, etc. 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. 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.
After the death of the deceased, the heir shall bring the real estate certificate and death certificate, as well as the evidence of all persons with inheritance rights, to the notary office for inheritance notarization. Bring the notarial deed and the above documents to the real estate transaction center to go through the formalities and pay the corresponding taxes.
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According to Article 1145 of the Civil Code of the People's Republic of China, after the commencement of inheritance, the first stage of the procedure is to determine the estate administrator: (1) the executor is the estate administrator; (2) If there is no executor, the heirs shall elect the estate administrator in a timely manner; (3) If the heirs are not elected, the heirs shall jointly serve as the administrator of the estate; (4) If there are no heirs or the heirs have renounced the inheritance, the civil affairs department or the villagers' committee of the place where the deceased lived before his death shall serve as the administrator of the estate.
In the second stage of the procedure, verifying the basic personal information of the decedent and the heir and the relationship between the decedent and the subject, the parties are required to submit marriage certificates, household registration books, ID cards or certificates issued by neighborhood committees, village committees and public security organs.
The third stage of the procedure confirms the scope of the decedent's estate, that is, the scope of personal legal property, verifies the amount and type of property in the name of the decedent, whether there is any property that cannot be inherited, whether it involves the division of property, and whether there are creditor's rights and debts during his lifetime.
The fourth stage of the procedure clarifies whether the decedent has made a will or signed a bequest and maintenance agreement with a natural person other than the legal heir, and if necessary, whether it is true and valid, if it is valid, the expression of intention to dispose of the property will be respected, otherwise it will be dealt with in accordance with the statutory inheritance.
In the fifth stage of the procedure, an appropriate plan shall be formulated in accordance with the basic information of the subject of the estate and the property involved in the above-mentioned verification, and in accordance with the principles of fairness and reasonableness, and from the perspective of protecting the rights and interests of the inheritor.
In the sixth stage of the procedure, after the estate division plan is determined, if there is no dispute, it is necessary to determine whether it is necessary to go through the corresponding transfer procedures such as transfer of ownership in accordance with the law according to the nature of the property, and if there is a dispute, it must be resolved through litigation.
—Ms. Duan Fengli of the Family Law Court team.
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Let the first-order heir do a notarization of renunciation of inheritance, and the second-order heir can inherit the intellectual property.
Article 10 of the Inheritance Law The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
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. If there is no first-order heir, the second-order heir shall inherit.
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Legal Wild Mountain Analysis: A will, proof of the relationship between the person and the decedent, ID card, household register, death certificate of the decedent, and proof of ownership of the estate are required.
Legal basis: Civil Code of the People's Republic of China
Article 1127 Inheritance shall be inherited 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. If there is no first-order heir, the second-order heir shall inherit.
For the purposes of this part, children include legitimate children, illegitimate children, 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-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.
Article 1152:After the commencement of inheritance, where the heir dies before the division of the estate and does not renounce the inheritance, the inheritance that the heir should inherit is transferred to his heirs, except where otherwise arranged in the will.
Article 1130:The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who have special difficulties in living and lack the ability to work shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
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The materials required for inheritance are as follows: the inheritance should be at the time of the occurrence of the inherited event, and the inherited inheritance can only be a legal inheritance. The specific materials are as follows:
1. The inheritance needs to submit the materials of the relationship with the decedent; 2. The death certificate of the decedent is required for inheritance and inheritance; 3. The materials related to the inheritance need to be submitted; 4. For inheritance, it is necessary to submit materials belonging to the legal heirs; 5. Other materials that need to be submitted for inheritance.
Legal basis:Article 1122 of the Civil Code of the People's Republic of China [Definition of the Legacy of Jibi Property] An estate is the personal lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
1. The heir's resident ID card;
2. Proof of identity relationship between the decedent and the inheritance;
3. Death certificate of the decedent;
4. Proof of ownership of the decedent's estate;
5. The original will or the agreement of legal succession.
According to Article 25 of the Notarization Law, a natural person, legal person or other organization may apply for notarization to a notary public at the place of domicile, habitual residence, place of conduct or place where the facts occurred.
An application for notarization involving immovable property shall be submitted to the notary public in the place where the immovable property is located; The provisions of the preceding paragraph may apply to applications for notarization of entrustment, declarations, gifts, and wills involving immovable property.
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Legal analysis: The following materials are required for the immediate inheritance of the estate: 1. Proof of the identity relationship between the decedent and the inheritance; 2. Death certificate of the decedent; 3. Proof of ownership of the estate; 4. If there is a will, provide a will.
Legal basis: Civil Code of the People's Republic of China
Article 124: Natural persons who repent of their hardship enjoy the right of inheritance in accordance with law. The lawful private property of natural persons may be inherited in accordance with law.
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The following materials are required for inheritance and inheritance: 1. Proof of the identity relationship between the decedent and the inheritance; 2. Death certificate of the decedent; 3. Proof of ownership of the estate; 4. If there is a will, provide a will. Article 124 of the Civil Code of the People's Republic of China: Natural persons enjoy the right of inheritance in accordance with law.
The lawful private property of natural persons may be inherited in accordance with law.
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Procedures required for inheritance:
1. Apply to the public repentance certificate selling authority where the estate is located for inheritance procedures;
2. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;
3. The heirs go to the relevant departments of the estate to go through the formalities for the transfer of the estate.
Legal basis:Article 214 of the Civil Code of the People's Republic of China.
Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
Article 216.
The immovable property registration book is the basis for the ownership and content of the real right.
The immovable property register is managed by the registration authority.
Article 1123.
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; If there is an agreement on the celebration of the bequest before Fubi, it shall be handled in accordance with the agreement.
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The death certificate of the decedent, the property certificate left by the decedent. Heir-friendly identification. Including ID card and household registration booklet.
Proof of kinship is generally to be certified by the personnel department of the unit where the decedent or the heir's file is located, and may also be certified by the public security organ where the above entities are located. Residents can be certified by neighborhood committees and neighborhood offices. Villagers can be certified by the village committee and the township**.
If the heir renounces the right of inheritance, the heir who renounces the inheritance shall go to the notary office in person to notarize the declaration of renunciation of the right of inheritance. If the heir is unable to go to the notary office in person to handle the inheritance due to special circumstances, he or she shall provide a notarized power of attorney and entrust another person to handle the inheritance on his behalf. If the decedent's parents have died, the death certificate issued by the public security organ shall be provided.
In the case of testamentary succession, a legal and valid will shall be provided.
Legal basis:
Article 1123 of the Civil Code of the People's Republic of China 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.
According to the provisions of the inheritance law of our country, the inheritance includes the following property: the legal income of a natural person; Houses and household goods of natural persons; forests, livestock and poultry of natural persons; cultural relics, books and materials of natural persons; the means of production that are permitted by law to be owned by natural persons; the property rights of natural persons in copyrights and patents; Other lawful assets of natural persons mainly refer to all kinds of bills, ** and creditor's rights that are the subject of property. >>>More
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