1. How to apply for inheritance certificate?
If the inheritance certificate is notarized, the following materials need to be submitted:
1. The original household registration book, resident ID card or other identity certificate of the heir (check the original and provide a copy).
2. Death certificate of the deceased. Such as death reports issued by hospitals or public security organs, cremation certificates issued by funeral homes, etc. , if the deceased died abroad, the death certificate must be notarized and diplomatically authenticated in the country of residence.
3. Original inheritance certificate of the deceased. Such as real estate certificates, deposit certificates, stocks, etc. (Copies of the above documents should be submitted to the notary office for filing). The will of the deceased (a will made abroad must be verified by the probate department of the country of residence and diplomatically authenticated).
4. Proof of all legal heirs. The certificate should state the name, gender, date of birth, address and relationship to the decedent of all legal heirs. If the heir has died, the time and place of death must be stated and a death certificate must be provided. The above certificate must be diplomatically authenticated by a foreign country, authenticated by a Hong Kong lawyer appointed by the Ministry of Justice in Hong Kong, and notarized at the Taiwan Notary Office in Taiwan Province.
5. If the heir gives up his inheritance rights, he must provide a "Declaration of Waiver of Inheritance Rights". If the declarant lives in China, he should go to the notary office in his place of residence to apply in person; if he lives in Hong Kong, he should apply to the Hong Kong lawyer appointed by the Ministry of Justice, or go to the mainland notary office in person to apply; if he lives in Taiwan Province, he should apply to the notary office in Taiwan. The provincial notary office shall handle it; if you live abroad, notarization and diplomatic certification shall be carried out in the country of residence.
6. The decedent or deceased heir who died before liberation or died after liberation without a death certificate must provide sufficient evidence to prove his death.
7. If the heir has been missing for many years and his whereabouts are unknown, he shall apply to the People's Court to declare the heir missing or dead in accordance with the provisions of the Civil Code.
8. If the inheritance is abroad or in Hong Kong, Macao and Taiwan and needs to be entrusted to a bank for collection, the heirs should first contact the Guangdong Branch of the People's Bank of China, obtain an official letter from the bank agreeing to accept the entrustment, and then apply to the notary office for processing. Relevant notarized documents.
9. Other documents or materials required by the notary public related to this notarization.
Second, is there any charge for the heir certificate?
There is a fee. At present, the notary fees for property inheritance, gifts and bequests are unified, that is, the part benefiting less than 200,000 yuan is charged at 2; from 200,000 yuan to 500,000 yuan, it is calculated at 1.5; 500,000 If the amount exceeds 6.5438 million yuan, it will be calculated as 654.380 yuan; the portion above 1 million yuan will be charged at 0.5 yuan; the minimum fee is 200 yuan. That is, for a real estate worth 6.5438 million yuan, the notary fee is 200,000 yuan × 2.3 million yuan × 15.5 million yuan × 1 = 13,500 yuan. At present, when notarizing ordinary houses in urban areas, the price is generally calculated as a minimum of 4,000 yuan/square meter.
3. Process of applying for heir certificate
1. Go to the multimedia numbering machine to get a number. The notary will handle it for you in sequence according to the number.
2. According to your application requirements, fill in the corresponding notarization application form with a pen. Our notary will tell you what supporting documents and photos you need to submit.
3. If all supporting materials are complete, you can submit the supporting materials and relevant application forms to the accepting notary.
4. After the notary reviews the notarization application form and the materials you submitted, the notary will issue you an acceptance notice. You can use the acceptance notice to file the case, number it, pay the fee, and copy the supporting materials. Please don’t forget your invoice for the notary fee.
5. Within the specified time, you can bring your proof of identity and notary fee invoice to collect the notarization certificate from here.
Through the explanations in the above articles, we also know the process of applying for heir certificate and the materials that need to be submitted. However, due to different regions, there may be some differences.
Legal objectivity:
Inheritance notarization refers to the activity of the notary institution to prove the authenticity and legality of the heir’s inheritance behavior and confirm the heir’s inheritance rights in accordance with the provisions of the law and the heir’s application.
To apply for inheritance notarization, the heir should first determine the notary agency under his or her jurisdiction. According to regulations, if the inheritance is movable, it shall be accepted by the notary office at the place of residence of the deceased or the main property; if the inheritance is real estate, it shall be accepted by the notary office at the location of the real estate; if the inheritance is not in one place, it shall be accepted by the notary office at the location of the main inheritance. To apply for inheritance notarization, the parties concerned should generally go to the notary office in person to apply for notarization. If you have difficulty applying, you can entrust another heir or other person to apply on your behalf. A party without capacity for civil conduct or with limited capacity for civil conduct shall be represented by another legal representative or another agent entrusted by the legal representative. To apply for inheritance notarization, the following materials should be submitted to the notary: (1) Identity certificate of the party concerned. Such as household registration book, ID card, passport, pass, etc. The agent should also submit a power of attorney signed by the principal. If the principal is abroad or in Hong Kong, Macao or Taiwan, the power of attorney should be notarized by the local notary office or institutions and personnel authorized by the Ministry of Justice of China. (2) Death certificates of the decedent and deceased heirs. The death certificate should generally be issued by the public security department or the hospital where the deceased died. (3) Proof of property rights of inheritance. Such as house ownership certificates, bank deposit slips, registered stocks, etc. (4) Proof of kinship of the deceased. Generally, it should be issued by the unit where the heir or decedent works (or the unit where personnel files are kept) based on their file records. The scope of certification is: spouse, children, parents, brothers and sisters, grandparents, and maternal grandparents. ⑸The will made by the deceased during his lifetime. Including notarization, self-writing, writing on behalf of others, recording, dictation and other forms of wills. (6) Other materials that the notary thinks should be submitted. Such as the testator's certification materials, inheritance list, statements or certification materials of other heirs giving up their inheritance rights, the People's Court's judgment declaring the death of the deceased, etc. When being questioned by a notary, the party concerned shall truthfully state the following matters to the notary: (1) The time of death and the status of the estate of the deceased. (2) The marital and family status of the deceased. Such as the marital status of the deceased, that is, how many times he was married, whether his spouse is still alive; children born from various marriages and adopted children; whether there are children born out of wedlock, etc. (3) Whether the decedent’s parents are still alive and their attitude towards the inheritance. (4) The source of the inheritance property, whether there is any guarantee, whether there is any pawn or mortgage, and whether the property rights of the inheritance are in dispute. ⑸Whether the deceased has any outstanding taxes and debts payable. [6] Whether the legal heir other than the testator knows the will made by the decedent. After reviewing the certification materials provided to the parties, the notary office will immediately issue a notarized certificate of inheritance rights to the parties.