After the death of parents, the real estate company must first handle the property transfer. Only after the heir has gone through the notarization formalities of inheritance can the transfer be made. Property inheritance should be notarized at the notary office first, and then at the real estate trading center.
There are two kinds of real estate inheritance, one is testamentary inheritance and the other is legal inheritance. If the deceased did not leave a will before his death, it shall be handled according to legal inheritance.
To open a notarial certificate in a notary office, you need to bring two certificates:
1. Go to the police station to get the death certificate of the deceased.
2. Housing property certificate or other supporting documents;
3, to the deceased's unit (or neighborhood committee, village committee) to open the legal heir certificate. The contents mainly include the names of the deceased's spouse, parents and children and whether the deceased's parents have passed away.
4. If there is more than one legal heir, and the property is only transferred to one of them, the other person shall give up the property inheritance with written consent.
5, the heir's identity documents
Two, to the real estate trading center for real estate inheritance procedures and fees.
(a) the information to be submitted for the inheritance of real estate
1, house ownership certificate;
2. Inheritance notarization;
3, the heir's identity card and a copy;
4. Application for registration of house ownership (accepted at the acceptance window).
Third, the relevant laws and regulations of heir succession.
Articles 127, paragraphs 1 and paragraph 2 of the Civil Code.
Inheritance is carried out in the following order:
(1) First order: spouse, children, parents;
(2) The second order: brothers and sisters, grandparents and 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.
Article 133 stipulates that
A natural person may make a will and dispose of personal property in accordance with the provisions of this law, and may appoint an executor.
A natural person may make a will to designate personal property to be inherited by one or more legal heirs.
A natural person may make a will to donate personal property to an organization or individual other than the state, the collective or the legal heir.
A natural person may establish a testamentary trust according to law.
No one inherits the heritage, and the heritage belongs to the state; If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization to which he belongs.
No one inherits the estate, whether it is owned by the state or a collective organization, and the debts owed by the deceased before his death should be paid off first from the estate. The principle of limited inheritance also applies to the repayment of debts, which is limited to the actual value of the deceased's estate. For the excess, the state and collective organizations shall not be liable for repayment. If someone gives more care to the deceased, he should also give part of his legacy to state-owned or collective-owned organizations in accordance with the law.
When inheriting the will of the deceased, the heirs can first check whether the inheritance belongs to legal income, and those who inherit illegally cannot inherit. If investigated by the public security organs, the heirs may be punished accordingly. If the heirs of the deceased are gone, then these heritages can be turned over to the state.
Four, how to divide the inheritance ratio of legal inheritance?
Under normal circumstances, heirs in the same order should distribute the inheritance equally: Article 130 of the Civil Code stipulates that when legal heirs in the same order inherit the inheritance, they should generally distribute the amount of the inheritance equally according to the number of heirs.
The so-called "general situation" refers to the living conditions of the legal heirs in the same order. The decedent's ability to work and the obligation to support, support or support are basically the same, and the conditions are roughly similar. The so-called "average distribution of inheritance" means that all legal heirs in the same order account for the same proportion of the decedent's inheritance, and there is no obvious difference.