The inheritance of real estate after death, what to do when inheriting the property of the deceased

The inheritance of real estate after death can be treated as an inheritance in accordance with the inheritance law.

All the legal heirs of the parents (children, parents) collectively negotiate and select the son as the heir of the property, and the others renounce the inheritance; Then bring the identity certificate, household registration book, house ownership certificate, death certificate to the notary office to handle the notarization of real estate inheritance and obtain the notarial certificate; After that, the heir will apply for a change with the notarial certificate of inheritance of real estate, house ownership certificate, ID card, etc.

No one can fight for the property that has been transferred to your father's name. As for the property in your grandfather's name, every child and grandmother (if the grandmother is alive, half of the property rights, the other has the right to inherit) has the right to inherit, as for who pays the money, the law can support it, and no one will support it without evidence. Morally, if my aunt has given up the right to support the elderly, she will also give up the right to inheritance, and whether the law supports this point must be resolved through the law.

I think the rest of the children have not fulfilled their maintenance obligations, and you have been rewarded for all your maintenance and dedication, that is, the two houses in your father's name. Don't hurt your family because of inheritance. Money is something outside the body, and affection is priceless.

If you can't prove that the house was funded by you, then it belongs to the old man's inheritance, and all children have the right to inherit. If it can be proved that it was you who contributed the capital, the part of the capital contribution should be counted as a loan, and the part deducted from the capital contribution should be jointly inherited by all the heirs. If the renouncer does not specify to whom the renunciation will be given, your father and your aunt will inherit it equally.

Therefore, others who renounce the inheritance should inherit it first and then give it to you.

For details, please contact ** or QQ.

Beijing Marriage and Family, lawyer Liu Dalai.

There must be evidence to prove it.

The inheritance of the deceased's real estate enters the inheritance procedure, and the following provisions need to be complied with when inheriting:

1. The inheritance of real estate needs to be notarized first, and then the new real estate certificate will be processed after the notarial certificate.

2. Regardless of whether the spouse inherits or not, you need to be present when you go through the notarization, if you don't inherit, you should write a statement in writing when you go through the notarization, and if you don't write it, you will inherit the inheritance.

3. Because there is no will, the legal inheritance is the joint inheritance of parents, spouse and children. Therefore, in principle, the heirs divide the inheritance equally. Therefore, regardless of whether the spouse inherits the inheritance or not, the spouse, daughter, and eldest son are in the same order and proportion in the order and proportion of inheritance.

4. If the wife inherits, he can designate his property to be inherited by a child by way of a will, or transfer his share of real estate to a child by gift or sale before his death.

5. In terms of proportion, if the real estate is the joint property of the elderly husband and wife, the two of them each account for half, half of which is the estate of the deceased elderly, and half is the property of the living elderly. The part of the inheritance is divided by the wife, son, and two daughters through negotiation, usually in equal shares.

The deceased dies, handles the inheritance, in accordance with the provisions of the Civil Code, the first series of heirs sells, the deceased's spouse, the deceased's children, the deceased's parents, and the tripartite inheritance belongs to the deceased's housing and inheritance, and it is necessary to convene all the first series heirs to the notary office together, handle the selection of the second son you said to inherit, and the others sign the renunciation inheritance agreement and get the notarial deed, and then the second son goes to the housing management, handles the inheritance transfer, and handles the real estate certificate in the name of the second son, and the eldest son dies, His descendants exercise the right of inheritance and their share as his vicarious heirs. In lieu of signing.

Death certificate and marriage certificate are required for the first order of heirs who are not alive.

1. The inheritance process of the property after the death of the elderly.

1. Housing appraisal.

First, the home must be marketed through an 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. Housing surveying and mapping.

The applicant must go to the real estate surveying and mapping department to apply for the surveying and mapping or transfer procedures of the house area, and receive the surveying and mapping results or attached drawings in order to go through the property rights registration procedures.

3. Inheritance registration.

The applicant should apply for inheritance registration at the real estate transaction 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.

4. Other materials 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 document 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: According to the provisions of China's law, the property rights of the house are subject to registration, and after the death of the owner of the house, according to the provisions of the inheritance law, the legal heirs can inherit the house, and the inheritance of the house needs to comply with the provisions of the law.

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 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 "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.

How to inherit the property after death depends on the ownership of the property and whether there is a will. If the property is the personal property of the deceased and there is no will, the property will be disposed of in accordance with the legal inheritance process; If the property belongs to the personal property of the deceased and a will has been made, the property shall be handled in accordance with the testamentary inheritance; If the property is owned by the deceased and others, the deceased's share is determined before the inheritance. If there is a will, it will be handled according to testamentary succession, and if there is no will, it will be handled according to statutory inheritance.

It is not possible to inherit the share of the property belonging to another person as an inheritance, otherwise it violates the property ownership of another person.

Article 1122 of the Civil Code of the People's Republic of China: An estate is a 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.

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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.

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; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. For the purposes of statutory succession, the estate is inherited in the following order: (1) First order:

spouse, children, parents; 2) Second order: siblings, grandparents, maternal grandparents. Detailed

How to inherit the property after the death of the elderly 1. According to Article 1127 of the Civil Code, the estate is inherited in the following order: first order: spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

When a person dies, how is the property inherited? After the death of a person, you can bring the death certificate, real estate certificate and other relevant materials to the real estate center to handle the transfer.