How to go through the transfer procedures for inheriting real estate

This is a big problem ... There are a lot of formalities and processes... I can only give it a rough idea.

Formalities... It's notarial deeds, real estate deeds and ID cards...

Personnel Needed: Is there anything else besides you?

What departments do you need to run: it's generally a real estate transaction center, right? I don't know exactly what your name is, but it's probably the property management department.

What are the procedures: that is, to go through the inheritance procedures... It's just that you've inherited it many times.

There's no problem for you to go through the inheritance procedures, don't you still have a notarial deed... At most, when I go through the procedures, I do it once or twice, and I have already said that it is a multiple inheritance procedure. . . The first is to inherit half of the property of the eldest brother for the first time (at this time, the property status of the property is all owned by your eldest sister).

Then there is the second inheritance of you and your second sister to inherit all of your eldest sister's property (at this time, the property status is that you and your second sister each get half of the property). The third inheritance is that your second sister's son inherits your second sister's half of the property (provided that the second sister has only one son and no other relatives).

3. You can register the name of the house in the names of my son and the son of my other deceased second sister. It's just that there is another layer of formalities... That is, you give or trade ** let the half of the house that belongs to you to your son...

Generally, it is directly handled as a gift or a transaction), and some places need to be notarized before it can be handled. The departments are the property management department and the notary office.

It can only be a rough idea, and the specific procedures and procedures need to be consulted by your local property management department to be more accurate.

You are too complicated, you need to go to the real estate agency to do it, the agency fee is not much, because you have a lot of questions here, find someone to hurry up! Because if you do it yourself, you will be stuck in a lot of places, your eldest brother-in-law and your eldest sister's marriage certificate children, and the will is made after the death of your eldest brother-in-law, the husband and wife are jointly property, and the property is generally executed in accordance with the will! It's better if you and your second sister are still fighting and discussing such a house, whether to sell it for a penny, or go through the formalities!

Legal analysis: 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;

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), Certificate of Identity (Copy), Certificate of Real Estate Right (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original), Deed Tax Payment Certificate (Original).

Legal basis: Article 211 of the Civil Code of the People's Republic of China Where a party applies for registration, it shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

First of all, go to the notary office where the property is located to handle the inheritance notarization, and then go to the real estate transaction center to go through the relevant real estate inheritance and transfer procedures. 2. Inheritance notarization requires the following documents: (1) the death certificate of the decedent; (2) Issue a certificate of heirs to the deceased's unit (or neighborhood committee or village committee); (3) Proof of identity of the heirs; (4) Inherited real estate certificates and other certificates; (5) The will made by the deceased during his lifetime (testamentary succession).

Go to the real estate transaction center to go through the procedures for real estate inheritance and transfer. Where a party applies for registration of real estate acquired by inheritance or bequest, it shall submit death certificates, wills or agreements on the distribution of real estate by all the heirs of the Fals, and materials on kinship with the decedent. Notarized materials or valid legal documents may also be submitted.

Article 3 of the Guiding Opinions on Handling Inheritance Notarization.

Articles 14 and 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.

There are 5 steps in the process of transferring ownership of an inherited property. They are: 1. First bring the relevant materials to the district or the municipal notary office to handle the notarization of inheritance rights; 2. Go to the real estate surveying and mapping department of Hu Zaijian to apply for the surveying and mapping or transfer procedures of the area of the house, and the applicant holds the real estate certificate, inheritance notarial certificate, housing surveying and mapping and other certificates; 3. Go to the real estate trading center to go through the inheritance registration procedures;

1.Application Form for Registration of Real Estate Transfer;

2.Proof of the applicant's identity;

3.Certificate of Real Estate Title;

4.There is an administrative decision of the administrative authority of the Stupid Brigade, a real estate sales contract, or a notarized gift of real estate closure, or a notarized certificate of real estate inheritance with an embedded copy, or a real estate exchange agreement, or a real estate division agreement;

There are 5 steps in the process of transferring ownership of an inherited property. They are: 1. First bring the relevant materials to the district or the municipal notary office to handle the notarization of inheritance rights; 2. Go to the real estate surveying and mapping department to apply for the surveying and mapping or transfer procedures of the house area of the liquid tomb, and apply for the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates; 3. Go to the real estate trading center to go through the inheritance registration procedures; 4. Go to the on-site tax office of the trading center to handle the tax verification; 5. Go to the trading center to exchange for a new property certificate to complete the inheritance of the property.

[Legal basis].

Article 1123 of the Civil Code of the People's Republic of China 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.

1. Apply for a death certificate.

To go through the procedures for inheritance and transfer, 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. Notarization.

The heir needs to go to the district or municipal notary office to handle the notarization of inheritance rights, but there are two situations of real estate inheritance, one is testamentary succession, and the other is statutory inheritance. For legal succession, it is necessary to submit the death certificate of the decedent, the property right certificate of the house or its disguise and other certificates, household registration book or other documents that can prove the kinship between the decedent and the legal heir, and the identity document of the heir. In the case of testamentary succession, it is necessary to submit a separate will made by the deceased and it has been notarized.

3. Handle the registration of housing transfer.

The applicant shall submit to the registration authority the original Application for Real Estate Registration, a copy of the identity certificate, the original certificate of real estate rights, the notarized document of inheritance or the notarial certificate of will, the original notarized certificate of acceptance of bequest, and the original deed tax payment certificate.

Note: Bequests are different from statutory succession and testamentary succession and are subject to taxes.

1. Inheritance and transfer fees for real estate, and notarization fees for inheritance rights.

The notary fee for inheritance rights is charged at 2% of the appraised value of the real estate inherited by the heirs, with a minimum of not less than 200 yuan.

2. Real estate value appraisal fees.

According to the Shanghai Price Housing (1996) No. 088 document, the appraisal fee is calculated according to the different levels of real estate value, using the differential rating law progressive method

Real estate ** total (10,000 yuan) progressive billing rate

Below 100 (including 100)5

101 or more to 1000 parts.

1001 to 2000 parts.

2001 above to 5000 parts.

5001 to 8000 parts.

8001 to 10000 parts.

10,000 or more parts.

3. The Department of Real Estate Inheritance and Transfer Taxes and Fees.

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 who inherit real estate are exempt from deed tax, and those who inherit the ownership of land and houses according to the will of non-statutory heirs 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 = 25,605 yuan, the cost is considerable, so some people directly register the house in the name of their children when buying real estate.

However, if the value of the house reported by both parties is in line with the market price, the appraisal fee can generally be waived, and if the notarization fee is only notarized and signed, only a few hundred yuan is required, so that the cost will be greatly saved.

The procedure for the transfer of property inheritance is as follows:

1. The heirs are ready to go to the trading center to handle the transfer of the information, and the other heirs should give up their inheritance rights on the spot;

2. After the transfer, go to the housing authority to apply for deed tax exemption;

3. Go through the registration procedures for property analysis and pay the registration fee;

4. Obtain a new real estate certificate.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall become effective 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 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.

Article 211.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.