How to handle property inheritance, how to handle property inheritance

First of all, it is necessary to distinguish whether the decedent has a bequest and maintenance agreement, testamentary succession, etc.; If it is only a legal inheritance, it is necessary for all heirs to negotiate, notarize or go to the court according to the negotiation, and then go through the registration of real estate change.

Real estate inheritance process:1. 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. Go to the district or city notary office to handle the notarization of inheritance rights.

3. The applicant shall submit the following documents to the registration authority: "Application for Real Estate Registration", identity certificate, certificate of real estate right, notarized document of inheritance right or notarial certificate of will, notarial certificate of acceptance of bequest, and certificate of tax payment of deed tax.

4. Bequest and inheritance are subject to tax; Statutory succession is not required.

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 the inheritance of the will 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 Testament and Notarial Certificate of Acceptance of Bequest (Original) Deed Tax Payment Certificate (Original).

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

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.

Article 1127 Inheritance shall be 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 "father" and "nuclear mother" includes biological parents, adoptive parents and step-parents who have 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.

Real estate is not only a place for people to settle down, but it is also a fixed property in the family, and it is all the effort of many families to buy a house. Let's introduce to you how to handle real estate inheritance.

1. Housing appraisal: First of all, the market value of the house should be evaluated by the appraisal company, and at this time, the appraisal company will also determine the road section, sitting direction, floor, building age and other factors where your house is located, so that you can also make a professional analysis and property price assessment, and it will also determine the accurate market value of the property.

2. Inheritance notarization: At this time, the applicant must go to the notary office where the house is located to handle the inheritance notarization, so that Sun Jing can also receive the inheritance notarial certificate at that time. When handling the notarization, then at this time you also need to provide the death certificate of the owner of the house, remember to provide the list of legal heirs issued by the legal authority, if there is a will made by the original owner of the house, the original will must be submitted at this time.

If some of the legal heirs want to voluntarily renounce their inheritance rights, then they must issue a certificate of renunciation of property commitment at this time.

3. Housing surveying and mapping: At this time, the applicant also needs to go to the real estate surveying and mapping department to apply for the surveying and mapping of the housing area or transfer procedures, so at this time, he will also receive the results of surveying and mapping or drawings, and it is also convenient to go through the property rights registration procedures.

4. Inheritance registration: At this time, the applicant also needs to hold the real estate certificate, inheritance notarial certificate, housing surveying and mapping, etc., and then apply for inheritance registration procedures in the real estate transaction. At this time, it is also necessary to fill in the "Application for Real Estate Property Rights Registration", and at the same time, after remembering and submitting the above information, the case-handling personnel will also accept the receipt and issue a receipt.

After all the information is reviewed, the real estate certificate of the changed owner will also be issued at this time.

Analysis of the law draft: 1. Evaluation. First, the market value of the house is assessed by an appraisal company.

2. Notarization. The applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. 3. 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.

Legal basis: Article 211 of the Civil Code of the People's Republic of China.

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.

1. Housing appraisal: First of all, the market value of the house must be evaluated by the 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. Inheritance notarization: The applicant should take Lu Dang to the notary office where the house is located to handle the inheritance notarization and receive the inheritance notarial certificate. When notarizing, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house must be provided, and the original will should also be submitted.

If some of the legal heirs voluntarily renounce the inheritance rights, they must issue a certificate of renunciation of property commitment.

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

4. Inheritance registration: The applicant shall apply for inheritance registration procedures at the real estate trading 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.

Legal basis: Article 1121 of the Civil Code of the People's Republic of China: Inheritance begins when the decedent dies.

Where several persons who have a relationship of inheritance with 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 14 of the Interim Regulations on the Registration of Immovable Property: Where an application for registration of immovable property is made for sale, creation of mortgage, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of the registration of de-fissures or the registration of objections;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

The house is an important fixed asset of the family, and it is also an important place for everyone to settle down. Many houses are facing the problem of property inheritance after the death of the older generation, so how to handle the property inheritance? What information should be provided for inheritance notarization?

1. Housing appraisal. First of all, it is necessary to use a professional appraisal agency to evaluate the market value of the house, and the appraisal agency will make an analysis and property price assessment according to the floor, location and other factors of the house, so as to determine the accurate market value.

2. Inheritance notarization. The applicant needs to go to the notary office where the house is located to apply for inheritance notarization and receive a notarial certificate of inheritance. When applying for inheritance notarization, the death certificate of the hungry person who owns the house, the certificate of the list of heirs issued by the legal authority, and the will of the owner of the house shall be provided.

3. Housing surveying and mapping. The applicant needs to apply to the real estate surveying and mapping department for the surveying and mapping of the house area and receive the surveying and mapping results in order to go through the property rights registration procedures.

4. Inheritance registration. The applicant should bring the real estate certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to go through the inheritance registration procedures.

What information needs to be provided for inheritance notarization?

1. The applicant's identity document, the identity certificate of the ** person and the power of attorney.

2. Death certificates of the deceased and deceased heirs. The death certificate should generally be issued by the public security department or the hospital where the decedent died at the time of death.

3. Proof of property left by the deceased, such as real estate certificate, land or homestead use certificate, registered **, deposit certificate, etc.

4. Proof of all legal heirs of the decedent.

5. The will made by the deceased before his death, including notarized, self-written, scrivener, recording, oral and other forms of will.

6. If the heir renounces the right of inheritance, he or she shall go to the notary office in person to make a statement of renunciation of the right of inheritance, or submit a notarized declaration of renunciation of the right of inheritance.

The way to handle the inheritance of real estate: Under normal circumstances, the real estate obtained by inheritance does not need to go through any special procedures, and the ownership of the real estate can be obtained from the beginning of the inheritance. However, if a second transfer is required, the heirs need to apply to the real estate registration department for registration of the transfer of ownership of the real estate.

Death certificates, wills (no need to be submitted for legal succession), etc. are required. After the registration authority confirms that the conditions are met, the modification of the registration can be approved.

Legal basis] Article 14 of the Interim Regulations on the Registration of Immovable Property.

Where an application for registration of immovable property is made for sale, mortgage, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

2) Inheritance or acceptance of bequests to acquire immovable property rights;

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 inheritance or bequest of the old man's will; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 230.

Where a real right is acquired by inheritance, it shall take effect from the beginning of the inheritance.