First, how to inherit the house when the old man dies?
1, the inheritance of real estate needs to be notarized first, and then a new real estate license is obtained with the notarial certificate.
2. Whether the wife inherits or not, she needs to be present at the notarization. If she doesn't inherit, she will write a declaration of voluntary abandonment in the notary office. If she doesn't write, she will inherit.
3. Because there is no will, legal inheritance is the inheritance of parents, spouses and children. So in principle, the heirs share the inheritance equally. Therefore, whether the wife inherits the inheritance or not, the wife, daughter and eldest son have the same status and proportion in the order and proportion of inheritance.
If the wife inherits, she can designate her property to be inherited by her children through her will, or give her share of real estate to her children by gift or sale before her death.
5. In proportion, if the property belongs to the old man and his wife, they will share it equally, half of which is the legacy of the deceased old man and the other half is the property of the living old man. Part of the inheritance is divided by the wife, son and two daughters through consultation, usually equally.
When the deceased dies, the first heir, the deceased's spouse, the deceased's children and the deceased's parents jointly inherit the house and inheritance belonging to the deceased. You need to call all the first-order heirs to the notary office to choose the second son you mentioned, and others will sign an agreement to give up inheritance and get a notarial certificate. Then the second son went to the housing management office, handled the inheritance and transfer, and handled the nominal real estate license of the second son. When the eldest son dies, his descendants will be able to do so.
The first heir needs a death certificate and a marriage certificate when he is not alive.
Second, the inheritance process of the deceased property of the elderly
1. Housing evaluation: First of all, the market value of a house must be evaluated by an evaluation company. The appraisal company will conduct professional price analysis and property price appraisal according to the important factors such as the road section, sitting direction, floor and age of the house, so as to determine the accurate property market price.
2. Housing Surveying and Mapping: The applicant must apply to the real estate surveying and mapping department for housing area surveying and mapping or transfer, and obtain surveying and mapping results or drawings in order to go through the formalities of property right registration.
3. Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with real estate property certificate, inheritance notarial certificate, house mapping and other certificates. After filling in the application for registration of real estate property rights and submitting the above information, the case-handling personnel will accept it and issue a receipt. After all the materials are reviewed, the changed owner's real estate license will be issued.
4. Other materials that need to be submitted: If the matters related to the ownership of the house are judged, ruled or mediated by the court, the court judgment, ruling or mediation shall be submitted. After field surveying and mapping, it is found that the house has been rebuilt or illegally built, and it must be reported to the planning department for approval or decision.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 14 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate.
Where a party applies for the registration of real estate acquired by inheritance or bequest, it shall submit the death certificate, will or the agreement of all legal heirs on the distribution of real estate and the kinship with the decedent. , you can also submit notarized materials or valid legal documents.
Article 2 10 of the Civil Code of People's Republic of China (PRC)
The registration of real estate shall be handled by the registration agency where the real estate is located.
The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
Article 123 of the Civil Code of People's Republic of China (PRC)
After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.