The owner of the title deed has passed away and the title deed has been lost, can the name be change

All the first heirs (your father's children, spouse, parents) go to the notary office to have a notarization of the estate, and take the notarization of the inheritance to the trading center to change the name.

The specific name change process is as follows:

1. The formalities must be to 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 (the original export commercial house to the city notary office) for inheritance notarization, and there are two kinds of real estate inheritance: one is testamentary inheritance, and 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 certificate of the house;

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;

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. For 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.

You can take the ID card or death certificate of the real estate witness to the real estate department to check, and it can be changed if you meet the conditions for change (such as will, gift, etc.).

Bring the relevant documents and materials to the local real estate transaction center.

Of course. It is handled by the heirs.

It can be re-issued, transferred, or inherited.

Legal analysis: The owner of the real estate certificate does not change his name after his death, and his heirs enjoy the ownership of the property according to the legal inheritance. If you need to change your name, you can go to the real estate transaction with the real estate certificate. Materials required for the name change of real estate certificate: provide the ID cards, household registration book, and real estate certificate of both parties.

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

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.

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 216 The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing》 Article 18 If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:

1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;

2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

Legal Analysis: If you do not leave the account for a long time, it may cause you to be very troublesome if you want to transfer the account in the future. Once the death certificate is lost, and the heirs have passed away, and then want to handle the transfer, there are more people involved, and more information needs to be provided.

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, except as 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.

Answer: Hello, I'm glad to answer for you, open a certificate of entrustment in the community, and then the immediate family members will bring the household registration book and ID card to the real estate management office to check the housing files, find the property right certificate number, location, area and other information of the house, open a letter of introduction for the loss of the certificate, and go to the local newspaper department to declare the loss invalid, and after three months, you can take the household registration book, ID card, and the newspaper that declares the invalid to the real estate office to reapply for the property ownership certificate.

Hope it helps. Have a great day!

The head of the household dies and the title deed is lost

1. The family of the head of the household shall negotiate the inheritance of the property, and after determining the heir, go to the notary department to handle the notarization of the inheritance of the real estate;

2. Then the heir shall hold a newspaper with a statement of loss of the real estate certificate, a notarial certificate of inheritance of real estate (if there is a legal heir who renounces the right of inheritance, a notarial certificate of renunciation of inheritance rights shall also be submitted), the heir's ID card, real estate floor plan and other relevant information;

3. Apply for housing registration at the window of the Housing Management Bureau of the Municipal Administrative Service Center, and the registration department will directly handle it under the name of the heir;

4. It should be noted that if the property has the original co-owner, the heir and the co-owner shall jointly apply for registration.

Can the notarization of the gift handled by the property owner during his lifetime be inherited according to the will?

If the property right certificate is lost, it shall go to the housing management authority where the house is located to go through the loss reporting procedures and publish a notice to invalidate it in accordance with the regulations. Due to the death of the property owner, no one applies for loss reporting procedures, according to the provisions of the "Inheritance Law" and the "Housing Registration Measures", the heir shall go to the notary office to handle the notarial certificate of inheritance, and the heir who has obtained the inheritance right shall apply to the housing management authority for loss reporting, and the property right shall be transferred to the name of the heir after the announcement is invalidated.

Article 27 of the Housing Registration Measures If the housing ownership certificate and registration certificate are damaged, the right holder may apply to the housing registration agency for replacement. Before the housing registration agency renewes it, it shall take back the original housing ownership certificate and registration certificate, and record the relevant matters in the housing registration book. If the housing ownership certificate or registration certificate is lost or destroyed, the right holder may apply for a replacement after publishing the statement of loss in the newspapers and periodicals published in the local public circulation.

Inheritance of real estate is the act of transferring the property left by the decedent (a person who has died or has been declared dead and left behind property) to the heir (a person who is entitled to receive the inheritance according to the law) in accordance with the provisions of the Inheritance Law. Inheritance is also a legal system. There are two forms of inheritance: statutory inheritance and testamentary succession, and statutory inheritance is in accordance with the provisions of the law, and the heirs inherit according to the order of inheritance and inheritance share; Testamentary succession is inheritance in accordance with the contents of the will.

After the commencement of inheritance, if the decedent has made a will, it shall be handled in accordance with the testamentary inheritance or bequest (designating the property to a person or organization other than the legal heir), and if there is no will, it shall be handled according to the statutory inheritance. On August 31, 1991, the Ministry of Construction and the Ministry of Justice jointly issued a Joint Circular, Article 2 of which stipulates that "a will established by the testator for the purpose of disposing of real estate shall be notarized.

After the death of the testator, the beneficiary of the will must go through the registration procedures for the transfer of real estate ownership with the 'notarial certificate of will' and 'notarial certificate of testamentary inheritance' or 'notarial certificate of acceptance of bequest' issued by the notary public, as well as the real estate ownership certificate and deed. If the will to dispose of the real estate has not been notarized, "1. After the will takes effect, its legal heirs or beneficiaries of the will can negotiate and sign an estate division agreement according to the contents of the will, and go to the real estate management authority to go through the registration procedures for the transfer of ownership of the real estate after the notarization and certification."

Article 33 of the Housing Registration Measures: The following materials shall be submitted to apply for the registration of the transfer of housing ownership:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal analysis: If the property right is inherited due to the death of the property owner, if the transfer is required, the inheritance notarization can be handled, and if the transfer is not required, there is no need to handle it.

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

Article 230:Where a real right is acquired as a result of inheritance, it shall take effect from the beginning of the inheritance.

Article 1154 Qi Bosui In any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

1) The testamentary heir renounces the inheritance or the bequeathed person renounces the bequest;

2) The testamentary heir loses the right to inherit or the legatee loses the right to be bequeathed;

3) The testamentary heir or the legatee dies or is terminated before the testator;

4) the estate involved in the invalid part of the will;

5) The estate that has not been disposed of by will.

If the elderly die, the real estate certificate is lost, and the transfer of ownership needs to be handled well, and the heir certificate must be issued by the neighborhood committee and the death certificate issued by the police station; The heir shall go to the Housing Archives with his valid identity documents to fill in the application for replacement and the letter of guarantee, copy the housing drawings and documents in the file, and the Archives will issue a certificate of inquiry of housing ownership, and apply to the Housing Authority for the replacement of the certificate and transfer of ownership after publishing the loss statement on the lead paper of Baochang.

[Legal basis].Article 13 of the Interim Regulations on the Registration of Immovable Property.

The immovable property register is kept permanently by the immovable property registration authority. If the immovable property register is damaged or lost, the immovable property registration authority shall rebuild it according to the original registration materials. Where the administrative region is changed or the functions of the immovable property registration body are adjusted, the immovable property register shall be transferred to the corresponding immovable property registration authority in a timely manner.

Article 27.

Rights holders and interested parties may inquire into and reproduce immovable property registration materials in accordance with law, and the immovable property registration authority shall provide them. Relevant state organs may, in accordance with the provisions of laws and administrative regulations, inquire into and reproduce immovable property registration materials related to matters investigated and handled.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.