1. What about the notarial certificate of inheritance?
If you want to apply for inheritance notarization, it does not mean that you only need the parties to apply directly to the notary office. You also need the parties to prepare the relevant materials for applying for inheritance notarization, and then you can finally apply for inheritance notarization through certain procedures. Inheritance notarization shall go through the following procedures:
(1) Fill in the notarization application form. According to your application requirements, fill in the corresponding notarization application form with a pen.
(2) Submit certification materials.
1. The legal heir personally submits the original ID card and household registration book to the notary office. In case of abandonment of inheritance, the successor shall personally go to the notary office to handle the Notary Certificate of Abandonment of Inheritance Declaration or submit the original Notary Certificate of Abandonment of Inheritance Declaration to the notary office of his domicile.
2. Go to the police station where the deceased's household registration is located and issue the original "Death Account Cancellation Form".
3. If the real estate is a house, submit the original of the house ownership certificate and the state-owned land use certificate.
4. Proof of relatives. The certificate of relatives consists of the decedent's spouse, children and parents, which can be issued by the police station where the decedent's household registration is located, or by the village (neighborhood) committee and signed by the township (town) people's government. "The above information is true" and stamped with the seal (original).
(3) After the materials reviewed by the notary and all the supporting materials in the notarization application form are complete, the supporting materials and relevant application forms can be handed over to the accepted notary.
Second, the concept and scope of heritage
Concept: refers to all personal property left by the decedent when he dies and other property rights that can be inherited according to law. Including positive heritage and negative heritage. Positive inheritance refers to the property enjoyed by the deceased before his death and other legitimate rights and interests that can be inherited, such as creditor's rights and property rights in copyright. Negative inheritance refers to the personal debt owed by the deceased before his death.
Scope:
1, legal income of citizens. Such as wages, bonuses, deposit interest, legal business income, property acquired by inheritance or acceptance of gifts, etc.
2. Citizens' houses, savings and daily necessities.
3. Trees, livestock and poultry of citizens. Trees mainly refer to the trees planted by citizens on the homestead and the trees planted in hilly land.
4. Citizens' cultural relics and books. Citizens' cultural relics generally refer to paintings, antiques and works of art collected by citizens themselves. If there are particularly precious cultural relics among the above-mentioned cultural relics, they shall be handled in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on the Protection of Cultural Relics.
The law allows citizens to own all the means of production. Such as automobiles, tractors and processing machines contracted by rural specialized households. Various means of production owned by urban self-employed, overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who invest in the Mainland.
6. Citizens' property rights in copyright and patent rights, that is, royalties and bonuses obtained based on the publication of citizens' works, or patent transfer fees and royalties obtained due to the use of inventions and creations.
7. Citizens' treasury bills, bonds, stocks and other valuable securities, demobilization fees and job-changing fees for demobilized soldiers, citizens' pensions, pensions and other lawful properties of citizens.
Third, the scope of the heir.
(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 so-called children include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
The so-called parents, including biological parents, adoptive parents and adoptive parents.
Brothers and sisters include brothers and sisters with the same parents, half-brothers or half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationships.
Legal objectivity:
Article 30 of the Notarization Law: If a notarization institution considers that the certification materials provided in the application are true, lawful and sufficient, and the matters applied for notarization are true and lawful, it shall issue a notarial certificate to the parties within 15 working days from the date of accepting the notarization application. However, due to force majeure, supplementary certification materials or the need to verify relevant information, the time required is not counted in the time limit.