1. If there is a legacy support agreement, it shall be inherited and distributed according to the legacy support agreement;
2, there is no legacy support agreement, but there is a will, according to the will for inheritance and distribution;
3. If there is no bequest and maintenance agreement and there is no will, inheritance and distribution shall be carried out in accordance with the legal succession order.
4. If the real estate belongs to the same parent, each parent has a 50% share;
5. When the father dies, 50% of the father becomes the inheritance, which is divided equally by the mother and four children, each with10%;
6. If the mother makes a will, the part that can be punished is 60%.
How to handle the notarization of property inheritance;
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. You need to bring two certificates and two certificates to the notary office to issue a notarial certificate:
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 identity certificate of the heir.
After the death of the owner of the house who has obtained the property right certificate, his legal heir may apply for the registration of house inheritance. The general steps are as follows:
1. house evaluation: the heirs can evaluate the market value of the house through the evaluation company as needed. 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. Inheritance notarization: the applicant shall go to the notary office where the house is located to handle the inheritance notarization and receive the certificate of inheritance. When handling notarization, the death certificate of the owner of the house, the list of legal heirs issued by the legal authority, and the will (if any) made by the original owner of the house shall be provided, and the original will shall be submitted at the same time. If some legal heirs voluntarily give up their inheritance rights, they must issue a letter of commitment to give up their property.
3. Housing Surveying and Mapping: Applicants must go to the real estate surveying and mapping department to go through the formalities of surveying and mapping the housing area or drawing, and receive the surveying and mapping results or drawings before they can go through the formalities of property right registration.
4. Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with real estate title 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.
5. 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.
Inheritance is a legal system, and inheritance relations can only occur under certain conditions.
1, inheritance should occur after the death of the decedent (the person who left the property in real estate inheritance). This is the first condition of inheritance. Some property owners, in order to avoid disputes that may arise in the future when heirs compete for real estate, hand over their property rights to their heirs, such as one or all their children, before they die. This is also a legal act, but it is not inheritance, because inheritance has not yet begun, but a gift from them before their death.
The person who inherits the estate should be the legal heir of the decedent, that is, the heir who can be the heir according to the law. This is the second condition of inheritance. If the decedent makes a will, transferring the property to someone other than the legal heir, or donating it to the state or the collective, it is also a way for the decedent to dispose of the estate, but this is not inheritance, but bequest.
Legacy is all the property of the decedent before his death. This is the third condition of inheritance. Some property belongs to * * *, such as * * jointly owned by husband and wife. When one party dies, not all the property becomes an inheritance. At this time, the property rights should be divided first, and before inheriting the inheritance, the share belonging to the decedent's spouse should be divided first (unless otherwise agreed, half of the property share should generally be divided).
After the death of the decedent, if he made a will before his death, or signed a bequest and support agreement with social organizations or individuals, he shall first dispose of the estate according to the contents of the will or bequest and support agreement. If there is no will or agreement, it shall be treated as legal inheritance.
People's Republic of China (PRC) Civil Code
Article 127
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.
The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.
Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.
Article 128
If the decedent's children died before the decedent, subrogation inheritance people are the direct descendants of the decedent's children.
If the decedent's brother or sister died before the decedent, the children of the decedent's brother or sister in subrogation inheritance.
Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people are entitled to inherit.
Article 130
Generally speaking, the share of heirs in the same order should be equal.
Heirs who have special difficulties in life and lack the ability to work should be taken care of when distributing their inheritance.
Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.
If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.
If the heirs agree through consultation, they may also be unequal.