According to the relevant provisions of Article 11 of China's current Inheritance Law, if a natural person dies and leaves a will, he shall inherit the property of the decedent according to the will. Therefore, if the deceased husband and wife leave a will and give half of their property to the surviving spouse as an inheritance, then only the existing spouse needs to bring his identity certificate, will and relevant evidence materials issued by the public security organ, including death certificate and real estate license, and go through the transfer formalities at the housing registration authority in accordance with relevant rules and regulations.
2. In case one spouse dies and leaves a will to bequeath the property to others.
As one of the owners of the same property of husband and wife, according to the relevant provisions of China's inheritance law, either spouse has the right to dispose of half of his own property, including his own house ownership.
Therefore, when this happens, due to the indivisibility of the house as real estate, in this case, the heir or the resident who expects to get all the house and handle the transfer needs to negotiate with the legatee to determine the specific ownership of the house. After the two parties reach an agreement, they will go through the house transfer formalities at the house registration management department with their identity documents, the death certificate issued by the public security department, the will of the deceased party and the real estate license.
3. If one spouse dies without leaving any will.
The deceased also has the right to own and dispose of half of the house. In this case, according to the relevant provisions of China's current inheritance law, existing spouses and relatives, including the parents and children of the deceased, have the right to inherit the estate of the deceased as the first heir. Among them, the existing spouse has the right to get a quarter of the property, and the rest of the property can be equally distributed by other heirs in the first order.
However, due to the indivisibility of the house, the specific ownership of the house needs to be determined through consultation, and other heirs who agree to give up the ownership of the house can compensate according to the discount of the house. In this case, it is necessary for all parties to sign a legally binding certification agreement, cooperate with the housing registration authority to issue relevant legally binding certification documents, and handle the house transfer formalities in accordance with the regulations.
Mothers and children and their spouses should be present. Father's brothers and sisters and their children don't need to be present. You should bring the death certificates of your father and his parents, the marriage certificates, identity cards and property ownership certificates of both husband and wife present. The relevant procedures are as follows:
1. 1. All the people who have the right to inherit, both husband and wife, go to the notary office for notarization of inheritance with their ID cards, original marriage certificates, original death certificates and real estate licenses. If other heirs except the mother give up inheritance and agree to give it to the mother when handling it, then all the property can be concentrated in the mother's name. )
2. All the above owners bring all the above information and notarial certificate to the Housing Authority for inheritance and transfer. Specific procedures shall be handled in accordance with the provisions of the local housing authority.
Extended information: Process of changing the name of the property ownership certificate when one spouse dies and the property is sold:
1. You can add your spouse's name directly during the marriage. Just bring the marriage certificate, two real estate licenses, the original ID card and a copy to the "change registration" window of the real estate transaction center.
2. duration of non-marriage: during the duration of non-marriage, the real estate license is renamed, and the spouse's name cannot be directly added, only the name can be changed by gift. Gifts include non-wedding, relatives and friends;
3. The donated house must submit the house ownership certificate, gift certificate and deed certificate, and this gift will have legal effect only after the relevant departments have gone through the formal registration procedures for the change of house ownership;
4. Notarization: for the registration of house ownership transfer, the donee shall apply to the real estate management department for change registration, and submit the following documents: application (provided by the window), original real estate title certificate, ID card of relevant parties, household registration book, gift certificate, notarial certificate and deed tax receipt. The donator delivers the house to the donee. The "delivery" here is subject to the completion of the registration of house property rights transfer.
Baidu encyclopedia? People's Republic of China (PRC) inheritance law