The real estate certificate is the name of the old man, and the old man has passed away, how to tran

There are two ways to inherit on death. The first is consensus succession. All first-order legal heirs can go through inheritance notarization and then transfer the ownership by consensus.

To handle inheritance notarization, documents such as real estate certificates, death certificates, and relevant kinship certificates should be provided, and all first-order legal heirs (spouses, parents, and children of the deceased) should come forward to handle it together. Second, if the negotiation fails, either party can go to the court to file a lawsuit. If it is a lawsuit, it is necessary to provide a death certificate, proof of the property claimed to be divided, and proof of relevant kinship, and write a complaint to the court to file a case.

In practice, there are a variety of possibilities for proof of kinship, such as birth certificates, household registration books, certificates from the household registration department, personal files and related certificates provided by the employer.

The inheritance of real estate should first go to the notary office to go through the notarization procedures for real estate inheritance, and then go to the real estate transaction center to go through the real estate inheritance procedures. The procedures required for the transfer of real estate after the death of the elderly are: 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. To go to the district or city notary office (the original export commercial housing to the city notary office) for inheritance notarization. 3. For the registration of house transfer, the applicant is the heir or legatee. 4. Bequests are different from statutory inheritance and testamentary succession, and taxes need to be paid.

For the property that is not disputed, you can bring the relevant procedures to the local real estate department to go through the inheritance and transfer procedures normally, I wish you happiness!

Legal analysis: If you want to transfer the property after the death of the elderly, you need to confirm the heirs of the property first. If there is a will or bequest and maintenance agreement, it shall be inherited in accordance with the will or bequest and maintenance agreement; If there is no left, it will be inherited according to the law.

To handle the transfer, you need to bring the death certificate of the decedent, the real estate certificate and the inheritance certificate of the heir, the ID card, and the notarial certificate handled by the notary office to the housing management exchange to apply for the transfer.

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 "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.

Legal analysis: After the death of the elderly, the procedures for the transfer of the real estate certificate have the following steps: 1. Housing appraisal

The market value of the house is carried out by an appraisal company. 2. Inheritance notarization: The heirs of the real estate should bring the death certificate, the list of legal heirs, and the will to the notary office where the house is located for inheritance notarization.

3. Housing surveying and mapping: Before going through the property right registration, the heirs of the real estate must go to the real estate surveying and mapping department to apply for the procedures for surveying and mapping the area of the house, and receive the surveying and mapping results or attached drawings. 4. Inheritance registration:

The heirs of the real estate should bring the real estate ownership certificate, inheritance notarial certificate, housing surveying and mapping and other certificates to the real estate transaction center to apply for inheritance registration procedures. Fill in the "Application Form for Real Estate Property Registration" to receive and return the receipt, and only after all the information is approved can the real estate certificate be obtained.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property》 Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials: (1) Certificate of ownership of immovable property; (2) Contracts for sale, exchange, or gift; (3) Materials inherited or bequeathed; (4) Split or merger agreements; (5) Legal documents effective by the people's courts or arbitration commissions; (6) The approval documents of the people** or the competent departments with the right to approve; (7) Proof of payment of relevant taxes and fees; (8) Other necessary materials. If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

The old man has passed away, and the property is in the name of the old man, what procedures are required if the transfer is made?

1. How to handle the transfer procedures of the old man when the old man dies and how to handle the real estate transfer procedures are as follows: (1) To handle the transfer procedures of the real estate certificate, the household registration must be cancelled at the high state office where the decedent's household registration is located, and the death certificate shall be handled by Xianque; (2) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, the other is statutory inheritance.

The materials to be submitted are: 1. Death certificate of the decedent; 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 and the legal heir; 4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate; 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).

1) To go through the formalities of transferring the real estate certificate, 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) To handle the transfer of real estate certificate to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two kinds: one is testamentary inheritance, the other is statutory inheritance. The materials that need to be submitted are:

1. Certificate of death of the decedent; 2. The property right certificate of the house or its branch stool and other certificates are required for the transfer of the real estate certificate; 3. Household registration book or other documents that can prove the kinship between the decedent and the legal heir; 4. The identity document of the heir is required to handle the transfer procedures of the real estate certificate; 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) 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 Real Estate Registration (Original), Certificate of Identity (Copy), Certificate of Real Estate Ownership (Original), Notarized Certificate of Inheritance or Notarial Certificate of Will and Notarial Certificate of Acceptance of Bequest (Original) and Certificate of Deed Tax Payment (Original). 4) Bequests are different from statutory succession and testamentary succession, and they need to pay taxes.