It is too much trouble to inherit notarization after death. Everyone dies, and the property is inherited by the heir. After death, the legal heir shall personally submit the original ID card and household registration book to the notary office for notarization. Let's take a look at the notarization of inheritance after death and related information.
It is too much trouble to inherit notarization after death. 1 Without a valid will, it will be very troublesome if it is handled according to legal inheritance.
Article 10 of the Inheritance Law stipulates that the inheritance shall be in the following order: the first order: spouse, children and parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.
For example, after Xiaoli's father died, half of the property owned by Xiaoli's parents belonged to her father's legacy, which was inherited. Since there is no valid will, the spouse, children and parents of the legal heirs in the first order shall arrange proportional distribution in principle.
When the parents of the future decedent (that is, Xiaoli's grandparents) die, their share in Xiaoli's father's real estate, as the inheritance of grandparents, is distributed among the legal heirs in the first order, so that Xiaoli's uncle can inherit Xiaoli's parents' house.
Therefore, don't think that your house only inherits your own house, you can make a will as soon as possible.
If legal inheritance has occurred, it is necessary to go through the notarization of inheritance and the corresponding registration procedures as soon as possible, otherwise the inheritance will be endless and the legal heirs will not know, and basically it will be impossible to register again. The problem of the subject is actually a typical example of not dealing with inheritance in time. If the inheritance is handled in time after the father's death and grandparents give up inheritance, there will be no follow-up problems.
At present, the common inheritance is mainly the inheritance of financial assets such as real estate, deposits, stocks, funds and insurance, as well as the inheritance of vehicles and equity.
China's current inheritance law does not make mandatory provisions on notarization of inheritance. In other words, inheritance is voluntary and does not belong to legal notarization.
However, why do many people have to let the parties notarize their inheritance rights when transferring their inheritance?
The first reason: it is determined by the professional nature of notaries. Notary institutions are legal certification institutions in China, and notarial certificates issued by notary institutions through legal procedures have the highest evidential and probative effects. According to the provisions of the Civil Procedure Law.
Unless there is evidence to the contrary, the notarial certificate can be directly used as evidence. The notarial certificate of inheritance right has the effect of directly determining which party inherits. It is precisely because of the above-mentioned effects of notarization of inheritance rights that the relevant departments will issue regulations requiring the parties to go to the notary office for notarization of inheritance rights when handling inheritance.
Second, it is determined by the professionalism of inheritance rights. The handling of inheritance right is a highly professional legal work. Inheritance is related to the legitimate rights and interests of the parties. In the process of handling, it is necessary to determine the scope of the legal heir and which legal heir will inherit it.
This work is very complicated and has certain risks. As a legal certification institution in China, notarization institutions have professional advantages and talent advantages in notarization of inheritance rights. So the relevant departments, such as the real estate registration department, banks and so on. , will require the parties to handle the notarization of inheritance rights. So as to reduce their own legal risks.
The third reason is to protect the legitimate rights and interests of the relevant legal heirs. The present legacy, especially the legacy, is relatively valuable. Some legal heirs will try their best to conceal the information of other legal heirs in order to possess the legacy alone. When handling the notarization of inheritance rights, the notary office.
The inheritance matters to be handled will be reviewed and verified through multiple procedures. If one party is found to have made a false statement, thus infringing on the rights and interests of other legal heirs, the notary office will not handle it. In this way, some heirs' attempts to monopolize the inheritance will not be realized, thus well protecting the legitimate rights and interests of other parties.
These are the reasons why the relevant departments require notarization of inheritance rights.
Lawyer Chen Kai, director of the Chinese Testament Library, reminded the public that the real estate has now become the largest property in the estate. Property inheritance and transfer do not need notarization, which does not mean that it is not examined and verified. Whether it is notarization of property inheritance or audit by the transfer department, it will not be too easy.
Regarding the key and difficult points of notarization and audit of property inheritance, Chen Kai said that there are two main points: the first is to prove the death of the heir. A person's first order includes parents, spouse and children.
In other words, if a person's father dies, he has to go through the notarization of inheriting the property, and his grandparents may have died. It is necessary to issue the death certificate of his grandparents when notarizing, but this death certificate may be issued in the place where his grandparents live, which is often very troublesome.
Second, when handling, all living heirs are required to be present. However, some people are in other places, some have gone abroad, some are old, and some are unwilling to cooperate, which often makes it difficult for people to come here.
How to solve these two problems? Chen Kai believes that, first of all, we should break the information island through the information interconnection within the government, so that some authentication information such as death and relationship can be inquired internally. Secondly, we call on the elderly to write their wills in advance and distribute their property to some people, so that some proof materials can be reduced and non-heirs do not have to go to the scene when handling them.
He also emphasized that a standardized will should be made when making a will, otherwise the government department could not verify it.
It is too much trouble to inherit notarization after death. 1. How to notarize the estate after death?
Open a certificate of inheritance in the notary office. Notarization of inheritance should pay attention to the following matters:
(a) all legal heirs should personally go to the notary office and submit the original ID card and household registration book;
(two) to give up the inheritance, the heir shall personally go to the notary office to handle the notarization of the declaration of abandonment of inheritance or submit the original notarization of the declaration of abandonment of inheritance to the notary office of his domicile;
(3) The original "Death Account Cancellation Form" issued by the police station where the deceased's household registration is located;
(four) if the real estate is a house, submit the original of the house ownership certificate and the state-owned land use certificate;
(five) the inheritance fee is 2% of the total estate;
(6) The certificate of relatives consists of the decedent's spouse, children and parents, which can be issued by the public security organ where the decedent's household registration is located, or by the village (neighborhood) committee, and signed and sealed by the township (town) people's government (original).
Second, under what circumstances can an oral will be adopted?
The civil code stipulates that oral wills can be used in emergencies. Mainly refers to the fact that the parties are on the verge of death or life is in danger at any time. In this case, you can make an oral will and need two witnesses to witness it. In this case, the testator can make a will in writing, ghostwriting or notarization. He shall not make an oral will. In addition, if the testator can make a will in written or recorded form after the state of emergency is lifted, the oral will made is invalid.
3. What are the conditions for notarization of wills?
Notarization of wills shall meet the following conditions:
(1) The testator must have full capacity for civil conduct;
(2) The will of the testator is true;
(3) The content and form of a will shall not violate the law or public interests;
(four) the property disposed of by the testator must be his personal legal property;
(five) the testator shall personally apply to the notary office for notarization of the will, and shall not entrust others to handle it.
It is too much trouble to inherit notarization after death. 1. What materials are needed for notarization of inheritance after death?
Other supporting materials required for applying for inheritance notarization:
1, the identity certificate of the heir;
2. Death certificate of the deceased (death certificate issued by hospital and public security department)
3. Real estate property right certificate and list (such as real estate license, deposit certificate, equity certificate, etc.);
4. A certificate form issued by the personnel, organization or labor department of the unit where the decedent's file is located to apply for notarization of inheritance rights, which proves the marital status, parents' and children's situation and their kinship;
5. One of the legal heirs' units (note: this unit shall not be the same as the decedent's unit) shall issue a certificate of kinship;
6. If there is death among the heirs, provide the death certificate (one of the following): the death certificate issued by the hospital/public security department/the judgment of the court declaring death/the ashes storage certificate, the cemetery certificate, the burial certificate, the cremation certificate and provide the proof of the time of death); If there are missing persons, provide the court with a judgment declaring them missing.
7. If a will is inherited, a notarized will shall be submitted; If there is a person subjected to execution, submit the identity certificate of the person subjected to execution;
8. If the heir renounces the right of inheritance, he shall personally go to the notary office to make a written waiver. If you can't go to the notary office in person, submit a notarized waiver (waiver).
9. All heirs must attend, and those who cannot attend must have notarized power of attorney. If an agent is entrusted to another person, the agent shall provide proof of identity.
10, other certification materials that the notary thinks should be submitted.
Second, does the notarization of inheritance require all heirs to be present?
Yes, all heirs must be present. If they are not present, they need to explain the situation and make a written statement renouncing inheritance.
Necessary materials should be prepared for notarization of inheritance. Because different decedents (deceased) have different property types and social relations, heirs need to prepare different materials when handling inheritance notarization, which is why there is no fixed form and material list for handling inheritance notarization.
The best way is for the parties to consult the staff of the notary office by telephone and leave a message online or on the spot. After fully understanding the situation of the decedent, the staff of the notary office will determine the materials and acquisition methods needed for inheritance notarization according to the actual situation of the case.