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In accordance with the provisions of the Civil Code,After the death of the decedent, his first legal heirs in line include spouse, parents, and children.
Therefore, although the child is an only child, if the parents do not make a will, then in the event of the death of the parents, the parents' property needs to be disposed of according to the legal inheritance. At this time, the only child needs to inherit the parents' estate together with the other heirs of the parents, and the only child cannot inherit the entire property of the parents.
So, what should be done so that the only child can inherit all the parents' property after the death of his parents? In general, there are several ways to operate:
In the first way, the parents make a will before their death, designating all the property in the parents' name to be inherited by the only child.
Since testamentary succession takes precedence over statutory succession in legal effect, statutory succession will not apply if the parents have made a will. Therefore, the only child can inherit the entire property of his parents according to the will of his parents.
In the second way, in the absence of a will of the parents, the other legal heirs of the parents, after the commencement of the inheritance, renounce the inheritance rights of the parents' property in writing
In this case, only the only child has the right to inherit the property of his parents, and the only child can naturally inherit all the property of his parents.
In the third way, before the death of the parents, the parents will directly donate the real estate to the only child, and the transfer of real estate will be registered, and the movable property will be handed over to the child in the case of movable property.
After the registration of the transfer of title to the immovable property and the delivery of the movable property, the property of the parents becomes the personal property of the only child. After the death of the parents, the parents' property is no longer part of the parents' estate, and the only child does not have to worry about having other heirs to claim the inheritance.
Therefore, it is necessary to take precautions for the disposal of property and consider such issues before the parents are alive and deal with them. Otherwise, after the death of the parents, the heirs will have a lot of trouble because of the inheritance of the inheritance, and the family relationship will become indifferent because of the property involved at that time, which is chilling.
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It is possible to inherit the entire property if the parents do not have an additional will. The first thing is to determine whether the parents have an additional will, and the second is to determine whether the first heir to the estate is the child.
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No, the children are the first heirs, but there are also parents, siblings, etc., if you want to inherit all the property, you can only make a will when the parents are conscious.
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The first heir is the parents of the parents, that is, the grandparents, and then to you, if your grandparents don't want it, then you go to the police station to issue a certificate, and then take it to the Civil Affairs Bureau.
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If you can't inherit all of them, you must first go to the public will reserve center to set up a will with legal benefits, and clearly leave all wills to the only child.
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The law stipulates that the first-order heirs have a spouse, children, and parents, and in the absence of a will, the first-order heirs will divide the estate equally.
When one of the parents dies, the property in the name of the only child is divided equally between the only child and the grandparents or grandparents, and if the grandparents or grandparents have passed away, they do not participate in the inheritance, and can inherit the parents' estate in full only if there are no other first-order heirs.
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In China, after the death of a father, his only child can inherit his property. The specific inheritance procedure is as follows:
First of all, you need to apply for the father's death certificate, as well as the identity certificate of the only child.
Then you need to go through the inheritance notarization at the local notary office, and the notary public will confirm the identity of the heir and the inheritance share, and issue the "Inheritance Notarial Certificate".
If there is already the name of the right holder on the property, you need to cancel the name of the person who has the right to put orange peel on it, and then add the name of the inheritor to it.
Finally, it is necessary to go through the transfer procedures with the local real estate management department and transfer the property to the name of the inheritor.
It is important to note that if there are multiple heirs, they need to be distributed according to the legal order of succession. At the same time, there are also relevant taxes and fees to be paid during the inheritance process, and the specific fee standard can be consulted with the local real estate management department.
In China, after the death of a father, his only child can inherit his property. The specific inheritance procedure is as follows:
First of all, you need to apply for the father's death certificate, as well as the identity certificate of the only child.
Then you need to go through the inheritance notarization at the local notary office, and the notary public will confirm the identity of the heir and the inheritance share, and issue the "Inheritance Notarial Certificate".
If there is already the name of the owner of the right of Woo God on the property, the name of the right holder needs to be cancelled, and then the name of the inheritor is added.
Finally, it is necessary to go through the transfer procedures with the local real estate management department and transfer the property to the name of the inheritor.
It is important to note that if there are multiple heirs, they need to be distributed according to the legal order of succession. At the same time, there are also relevant taxes and fees to be paid during the inheritance process, and the specific fee standard can be consulted with the local real estate management department.
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Legal Analysis: The estate is inherited in the following order: First order:
Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it will be inherited by the first-order heir, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit.
Legal basis: Article 111 of the Civil Code of the People's Republic of China Article 27 The 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.
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