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It depends on who the heirs of the estate are, spouses, children, and parents are all first-order heirs.
If you want to transfer the property, you need a death certificate, an agreement signed by the first-order heirs, agreeing to transfer the house to you, and then go to the housing authority to complete the transfer.
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1) Procedures to be completed:
First, go to the notary office to handle the inheritance notarization, and all the heirs of the estate need to be present.
Second, then bring the notarial certificate, real estate certificate, ID card, household registration book, to the real estate bureau to go through the transfer procedures.
Fees payable: The inheritance notary fee is 2 of the appraisal price, and the minimum is not less than 200 yuan.
The legal heirs inherit the real estate and are exempt from deed tax.
Real estate inheritance and transfer tax: contract stamp duty on the appraisal price of the house, registration fee of 100 yuan, and stamp duty on warrants of 5 yuan.
2) Litigation Settlement.
If the heirs do not cooperate with each other or cannot reach an agreement, they can only go to court to file a lawsuit.
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Hello! Your father has died, is your mother still alive, 1. If your mother is alive, the property belongs to the joint property of the husband and wife, and your mother enjoys half of the share, in this case, your father's other heirs give up the inheritance (heirs include your father's spouse, parents, and children), and your mother's half of the share is given to you. You can go to the housing management department (usually the construction committee or the housing authority) to go through the transfer procedures. 2. If your mother is not alive, it will be simpler, other heirs will give up the inheritance, make a notarial certificate of inheritance, and then go to the housing management department to handle the transfer.
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1. The inheritance of real estate should first go to the notary office of the inherited real estate to handle the notarization of real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures.
2. Inheritance notarization needs to bring two certificates and two certificates
Go to the police station to which the decedent belongs to issue the decedent's death certificate;
Go to the deceased's unit (or neighborhood committee, village committee) to issue a certificate of heirs;
Proof of identity of the heirs;
The inherited title deed or other supporting documents.
A will made by the deceased during his lifetime (in the case of testamentary succession).
3. Go to the real estate transaction center to handle the information required for real estate inheritance:
Certificate of Ownership of the House;
notarization of inheritance; ID card and copy of the heir;
Application for registration of ownership of the house (to be picked up at the reception desk).
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Legal analysis: First of all, it is necessary to look at whether there is a will. If so, you need to bring your will, death certificate, household registration booklet and your ID card to the housing management department to go through the transfer procedures directly; If there is no will, other relatives with the right of inheritance need to give up the right to inherit the house, and they must go to the notary public to handle the inheritance notarization, and then go to the housing management department of the district where the property is located to go through the transfer procedures with the notarial certificate, death certificate, real estate certificate, etc.
Legal basis: Civil Code of the People's Republic of China
Article 1143:A will made by a person who lacks or has limited capacity for civil conduct is invalid.
The will must express the true intention of the testator, and the will made by fraud or coercion is invalid.
A forged will is invalid.
If the will is tampered with, the tampered content is invalid.
Article 1144:Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations. Where there is no legitimate reason for failure to perform obligations, the people's court may, upon the request of the interested parties or relevant organizations, revoke their right to accept part of the inheritance with the obligation attached.
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Legal analysis: 1. Notarization: Before going through the real estate inheritance procedures, the heirs must first notarize the inheritance, and the heirs should first go to the Soshengchun District Notary Office where the house is located to handle the fairness of inheritance rights when handling the inheritance transfer.
2. Real estate management: After completing the formalities of inheritance notarization, the heir needs to bring the original notarial certificate of inheritance, the application for inheritance transfer, the heir's ID card, the original real estate right, the floor plan, the deed tax payment certificate and the deed tax payment decal, the death certificate of the decedent and the death certificate of the decedent to the real estate for inheritance registration. 3. Fee payment:
The heirs will also incur several fees in the process of going through the real estate inheritance procedures, and the three main fees that need to be paid are: handling fee, stamp duty, and surveying and mapping fee. 4. Real estate transfer registration:
After the heirs have gone through the above procedures, they can go through the registration of the house transfer, and the applicant shall submit to the registration agency the original of the "Application for Real Estate Registration", a copy of the identity certificate, the original of the real estate right certificate, the original notarized document of the inheritance right of Shinei or the original notarized certificate of will and the original notarial certificate of acceptance of the bequest, and the original of the deed tax payment certificate. 5. Collect the certificate: If the relevant departments have completed the review and passed the information, the new real estate certificate will come out and you can collect it on time.
Legal basis: Article 271 of the Civil Code of the People's Republic of China The owner has the ownership of the exclusive parts such as residential and business buildings in the building, and the right to jointly share and jointly manage the common parts other than the exclusive parts.
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When the applicant is the heir, the applicant needs to provide the registration agency with the "Application for Real Estate Registration", the real estate right certificate, the inheritance notarization document or the notarized certificate of the will, the original deed tax payment certificate and the copy of the ID card. Procedures for inheritance and transfer of ownership (1) To handle the procedures for the transfer of real estate certificates, it is necessary 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) The applicant shall apply to the relevant authorities and submit the following materials: 1. Certificate of death of the deceased; 2. The property right certificate or other vouchers of the house are required for the transfer of the real estate certificate; 3. Household registration book or other documents that can prove the kinship between the deceased Nai Fenghu and the legal heir; 4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate.
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1. Materials required: (1) To handle the transfer of the real estate certificate, the household registration should be cancelled at the police station where the decedent's household registration is located, and the death certificate should be handled: (2) The procedures for the transfer of the real estate certificate should be handled at the district or city notary office (the original export commercial housing to the municipal notary office) for inheritance notarization, and there are two types of real estate inheritance:
One is testamentary succession, and the other is statutory succession. The materials that need to be submitted are: 1. Proof of the death of the decedent:
2. The property right certificate or other documents of the house are required for the transfer of the real estate certificate: 3. The household registration book or other supporting documents that can prove the kinship between the decedent and the legal heir: 4. The identity document of the heir is required for the transfer of the real estate certificate
Another information 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) To handle 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 Registration of Real Estate Land and Hail (Original), Identity Certificate (Copy), Certificate of Real Estate Right (Original), Notarized Document of Inheritance Right or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original) or Certificate of Deed Tax Payment (Original). 4) Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.
2. Fees required for transfer: (1) Notary fee: 2% of the house price, (2) Appraisal fee:
Pay according to the house price (3) Stamp duty: pay according to the appraisal price of the house (4) Land value-added tax: pay at 1% of the house price (5) House property registration fee:
Yuan Remarks: After the death of the elderly, the children can only transfer the property through inheritance, theoretically there is no time limit, but it is best to handle it as soon as possible, and it is necessary to pay attention to the fact that the house should be paid 20% personal income tax within five years after the transfer.
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The procedures required for the transfer of the inheritance house are: to the neighborhood committee to issue a legal heir certificate, 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 house surface photographing; Go to the real estate transaction center to apply for inheritance registration, and go to the resident Chunhefan tax office to handle tax verification and exchange for a new property certificate.
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.
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Legal Analysis: The procedure for the transfer of inheritance property is as follows:
1) To go through the procedures for the transfer of the real estate certificate, 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) The applicant shall apply to the relevant institutions and submit relevant materials.
Legal basis: Article 9 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 9 To apply for registration of immovable property, the applicant shall fill in the registration application form and submit the identity certificate and relevant materials for the application for fiber engraving.
The original application materials shall be provided. If the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original Tongliang.
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Legal Analysis: The procedure for the transfer of inheritance property is as follows:
1) To go through the procedures for the transfer of the real estate certificate, 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) The applicant shall apply to the relevant institutions and submit relevant materials.
Legal basis: Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property Article 9 Where an application for registration of immovable property is made, the applicant shall fill in the application form for registration and submit proof of identity and relevant application materials.
The original application materials shall be provided. Where the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.
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