Inheritance division and transfer, how to divide the inheritance of inheritance

You need to go to a notary office for notarization, notarization information: 1. Identity information of the deceased. Domestic residents should provide the original household registration booklet and a copy of their ID card that has been cancelled by the police station.

2. The original marriage certificate of the deceased (unmarried person needs to provide the unmarried certificate) and the original death certificate. 3. The basis of the estate (such as bank passbook, certificate of deposit, real estate certificate or deed, ** or ** passbook, etc.), the original or copy provided by domestic residents, and the original or photocopy of foreign residents.

The legal heirs of the estate must have the following documents:

1. The legal heir must bring the original ID card and household registration booklet.

2. Under normal circumstances, the legal heirs who voluntarily renounce the right of inheritance should go to the notary office in person, domestic residents can handle it at the notary office at the place of household registration, overseas residents can go to the Chinese embassy or consulate in the country where they are located, or they can go to the notary public or law firm in the country where they are located, but it must be authenticated by the Chinese embassy or consulate in the country to take effect, and Hong Kong and Macao residents can go to the Hong Kong and Macao law firms recognized by the Ministry of Justice of China. 3. Provide corresponding certificates according to different circumstances.

Lawyer Ouyang Chuping.

For specific consultation, notarization can be handled.

Lawyer Yu Chunling.

It must be notarized, first of all, all 4 of you brothers must be present, with their respective ID cards, and then all the documents about the house.

There is no share of the waiver, is your will made by your parents before their deaths, if it is directly valid

How to divide the inheritance of real estate, I would like to ask you for an introduction, and I hope to help you. 1. Direct division, but the premise is that it is objectively feasible to divide the early inheritance of the house, and does not damage the utility of the house, does not affect production and life, and can be divided and disposed of, and the value of the house must be guaranteed not to be changed. 2. Discount compensation method.

Generally, it is owned by the occupant, and he is compensated at a discount according to the share of the estate inherited by each heir. The price standard of the house can be determined by the heirs themselves through negotiation, or according to the private house appraisal standards stipulated by the people where the house is located, and reasonably assessed with reference to the local market**. 3. Common methods.

The heirs may also agree that the estate house is jointly owned, either by shares or jointly. In the division of the house estate, the method of discount compensation should be adopted as far as possible, and the method of co-ownership does not completely resolve the dispute, and should be regarded as a supplement to the first method. Related knowledge extension:

How to handle real estate inheritance 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 shall go 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 there is a will) 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 their 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 Form for Real Estate Property 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 ownership of the Zheng people will be issued. 5. Other information to be submitted: If the ownership of the house and other matters are subject to court judgment, ruling or mediation, the court judgment, ruling or mediation must be submitted.

If the house is found to have been rebuilt or has illegal construction after on-site surveying and mapping, it must be submitted to the planning department for construction review or decision.

The heirs shall divide the estate equally, and if the heirs reach a consensus through consultation, it may also be distributed unequally. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the estate when distributing the inheritance. Where the obligation to support is not fulfilled, no or less share shall be given.

[Legal basis].

Article 1130 of the Civil Code of the People's Republic of China.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

If the heirs agree through consultation, they may also be buried unequally.

Article 1132.

The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation; If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

According to the Civil Code of the People's Republic of China, inheritance begins after the death of the decedent. If the decedent has a will, he shall inherit according to the will, and if the decedent does not have a will, he shall inherit according to the law. Inheritance rights are equal between men and women.

The first order of legal succession is the spouse, children, and parents, and the second order is siblings, grandparents, and maternal grandparents. After the beginning of the legal succession, the heirs in the first order will inherit, and the heirs in the second order will not inherit. If there is no first-order heir, the second-order heir shall inherit.

The share of inheritance inherited by heirs in the same order shall generally be equal. However, heirs who lack the ability to work and have special difficulties in life shall be taken care of when distributing the inheritance; Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal. The heirs can also renounce their inheritance rights.

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

Article 1121 Succession begins upon the death of the decedent.

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 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; If there is a bequest model hu maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 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.

Article 1156 of the Civil Code of the People's Republic of China provides that the division of inheritance shall be conducive to the needs of production and life, and shall not harm the utility of the inheritance. Inheritances that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership. Analysis and explanation The method of estate division refers to the method by which the heirs obtain the inheritance share.

With regard to the method of division of the estate, if the method of division has been specified in the Will, the estate shall be divided in the manner specified in the Will; If there is no method of division of the estate specified in the will, the heirs shall specifically negotiate the method of division of the estate; If the heirs fail to reach an agreement through negotiation, the method of dividing the estate can be determined through mediation; If mediation fails, the people's court shall determine the method of division of the estate through litigation procedures. The second paragraph of Article 1156 of China's Civil Code stipulates that "an estate that is not suitable for division may be disposed of by means of discount, appropriate compensation or joint ownership." According to this provision, there are mainly the following ways of dividing the estate:

1. Physical segmentation. The division of the estate may be divided in kind without violating the principle of division. An estate that is subject to in-kind division may be divisible or indivisible.

For divisible objects, the overall physical division can be made. In the case of grain, the amount to be inherited by each heir can be divided. However, for indivisible objects, it cannot be divided as a whole, but only as individuals, such as televisions, refrigerators, etc.

Where indivisible items cannot be divided in kind, the method of compensating at a discount shall be adopted.

Second, the price of the split. For the inheritance that is not suitable for physical division, it can be sold in exchange for the price, and then each heir shall divide the price according to the proportion of the inheritance share due to him, and each of them shall obtain the price corresponding to the share of the inheritance.

3. Compensation division. For an estate that is not suitable for division, if one of the heirs is willing to take the estate, the heir shall take ownership of the estate. The heirs who have acquired the ownership of the estate shall compensate the other heirs for the corresponding price according to the proportion of the other heirs' share of the inheritance.

4. Retention of the division of the commons. If the estate is not suitable for division in kind, and the heirs are willing to obtain the inheritance, or the heirs are willing to continue to maintain the joint ownership of the estate, it may be regarded as jointly owned property, and the heirs shall determine the rights and obligations of the property according to their respective share of the inheritance.