The real estate book, I died unexpectedly, what proof is needed for the transfer

The person on the title deed has passed away, and the transfer can be done like this:

1. The formalities must be cancelled at the police station where the decedent's household registration is located, and the death certificate must be processed;

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; Another information to be submitted for the notarization of inheritance rights with a will: the will made by the decedent (Xinwo.com reminds: 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.

Expenses required for real estate inheritance and transfer There are some expenses incurred for handling real estate inheritance and transfer, mainly real estate inheritance notarization fees, house valuation fees and taxes for real estate transfers

1. Inheritance notarization fee; The inheritance notary fee is charged at 2% of the appraised value of the real estate inherited by the heir, with a minimum of not less than 200 yuan.

2. Real estate value appraisal costs; According to the Shanghai Price Housing (1996) No. 088 document, the appraisal fee is calculated according to the different levels of real estate value, and the progressive method of differential rating law is adopted, and the total amount of real estate ** (10,000 yuan) Progressive billing rate Below 100 (including 100) 5 101 or more to 1000 1001 or more to 2000 2001 above 5000 5001 to 8000 8001 or more to 10000 10000 or more.

3. Taxes and fees for inheritance and transfer of real estate. It consists of a contract stamp duty on the appraised value of the house, a registration fee of $100, and a warrant stamp duty of $5.

4. Deed tax The legal heirs inherit real estate and are exempt from deed tax, and non-statutory heirs who inherit the ownership of land and houses according to their wills need to pay deed tax. For example, a house of 1 million yuan for inheritance and transfer, to bear 5,000 yuan of housing appraisal fees, 20,000 yuan of notary fees, 500 yuan of contract stamp duty, 100 yuan of registration fees, 5 yuan of warrant stamp duty of 25,605 yuan, the cost is considerable, so some people directly register the house in the name of their children when buying real estate.

Death of one of the spouses and transfer of real estate?

The transfer of the real estate certificate requires the heir to go to the neighborhood committee to issue a legal heir certificate and go to the police station to issue a death certificate; Go to the district or municipal notary office to handle the notarization of inheritance rights, and go to the real estate surveying and mapping department to go through the procedures of surveying and mapping or transferring the area of the house; Hold the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to apply for inheritance registration, go to the resident tax office for tax verification, and obtain the tax payment certificate to change the name and transfer.

[Legal basis].

Article 14 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

Where a party applies for registration of immovable property acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of immovable property by all legal heirs, and materials on kinship with the decedent, and may also submit notarized materials or effective legal documents.

Article 210 of the Civil Code.

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.

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; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Hello, first go to the death certificate.

Then go to apply for the title deed.

Question: The death certificate has been issued. There are a total of four holders on this title deed, and one of them is currently deceased, what should I do?

Specifically, it is recommended that you call your local housing authority** to ask.

1. If the deceased has a will, his share of the real estate shall be inherited according to the will. 2. If the deceased does not have a will, his share of the real estate shall be inherited according to the law. 3. According to the legal inheritance, spouses, parents, and children have the right to inherit, and the principle is equally divided.

4. All heirs reach a consensus and go to the real estate transaction center to go through the procedures for inheriting real estate. 5. If the negotiation fails, the inheritance can only be handled through court litigation.

Because the property is in the name of three people, the real estate right is shared by four people, each accounting for one-fourth, and one of them dies, and his one-fourth property right should be inherited equally by the first heirs of the deceased (the deceased's spouse, the deceased's children, and the deceased's parents) under the premise of intestate.

Because the property is in the name of 4 people.

If you are unsure and have doubts, you can consult a lawyer.

Legal analysis: 1. To go through the procedures for the transfer of the real estate certificate, Zhaolu Xing must 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 procedures of the real estate certificate, you should 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 notarized inheritance certificate issued by the notary public will clearly refer to the original heir of the deceased head of the household. 3. The heir shall bring the notarial deed, real estate certificate and ID card to the office hall of the real estate trading center to go through the real estate certificate transfer procedures.

Legal basis: Article 230 of the Civil Code of the People's Republic of China shall take effect when the property right is acquired by inheritance.

According to the laws of our country, the process is as follows: if the real estate certificate dies, the real estate transfer can be handled through inheritance. 1. First of all, you must 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. Then go to the district or city notary office to handle the notarization of inheritance rights.

3. The last heir shall bring the notarial deed, real estate certificate and ID card to the office hall of the real estate trading center to go through the real estate certificate transfer procedures. Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

If a house is built on the land used for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate. When real estate is transferred or changed, it shall apply to the local people's real estate management department at or above the county level for registration of real estate change, and apply for registration of change of land use right to the people's land management department at the same level with the changed house ownership certificate, and the people's land management department at the same level shall replace or change the land use right certificate after verification by the people's land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Article 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 38 Those who apply for the registration of the transfer of the right to use the basic use of the State-owned construction land and the ownership of the house shall submit the following materials according to different circumstances: (1) the certificate of ownership of the immovable property; (2) Contracts for sale, mutual exchange, and gifts; (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 departments 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.

Legal analysis: The process of transferring the real estate certificate after the death of the owner is: to go through the procedures for the transfer of the real estate certificate, you must go to the police station where the decedent's household registration is located to cancel the household registration, apply for a death certificate, and go through the procedures for the inheritance and transfer of real estate.

There are two types of real estate inheritance: 1. Testamentary inheritance. 2. Legal inheritance.

The notarized certificate of inheritance issued by the notary chain will clearly indicate the original heirs of the deceased head of the household.

Legal basis: Article 266 of the Civil Code of the People's Republic of China Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials and other immovable and movable property. Article 1121 Succession begins upon the death of the decedent.

Where several persons who are related to each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them. Article 1122:Inheritance is the 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.

The house cannot be transferred without a death certificate.

Real estate transfer refers to the procedures for changing the property rights of the house through transfer, sale, gift, inheritance and other means, and the procedures for changing the property rights of the house are handled at the housing ownership registration center. According to the regulations, China's real estate implementation of the registration system. The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it is not effective and cannot be used against bona fide third parties.

Changes in immovable property rights must be registered before they can take effect, but the validity of the sales contract is not necessarily related to whether it is registered. In other words, the result of not registering is that the real right does not change, but the sales contract is valid. We usually refer to a house without a real estate certificate as a small property right, which means a house that recognizes the property rights of a small group of people or a specific group of people.

This type of house is not filed with the housing ownership registration center, so there is no transfer of ownership. For the transaction of this type of house, the legal risk is relatively large, and it is recommended to notarize the sale and purchase contract of this type of real estate to protect its legitimate rights and interests.

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

Article 209.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.