Where can I go through the formalities of property inheritance?

First, where is the property inheritance procedure?

(1) Housing evaluation: First of all, the market value of a house must be evaluated by an evaluation company. 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) notarization of inheritance: the applicant shall go to the notary office where the house is located to handle notarization of inheritance and obtain 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: The applicant applies to the real estate surveying and mapping department for housing area surveying and mapping or transfer painting, and obtains surveying and mapping results or drawings so as to go through the formalities of property right registration.

(4) Inheritance registration: the applicant applies for inheritance registration at the real estate trading center with certificates such as property right certificate, inheritance notarial certificate and house mapping. 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.

Second, the legal basis for the heir to inherit the house

According to the provisions of the civil law, if the heir inherits the house, he needs to go through the formalities of house transfer registration, and if he goes through the formalities of house transfer registration, he needs to apply to the real estate registration agency where the house is located.

Article 209 of the Civil Code of People's Republic of China (PRC) stipulates the validity of the registration of real property rights: the establishment, alteration, transfer and extinction of real property rights will take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.

Natural resources owned by the state according to law may not be registered.

Article 2 10 stipulates that real estate registration agencies and real estate registration should be unified: real estate registration should be handled by the registration agency where the real estate is located.

The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.

Article 12 1 stipulates the presumption of the time when inheritance begins and the order of death: inheritance begins when the decedent dies.

If several people related by blood died in the same event, and the time of death is difficult to determine, it is presumed that the person without other heirs died first. There are other heirs. If there are different generations, the elders are presumed to die first. The presumption of the same generation died at the same time, and there was no inheritance.

Third, what are the conditions for real estate inheritance?

(1) after the death of the decedent;

This is the first condition of inheritance. Some property owners give their property rights to their heirs before their death, for example, to one or all their children, in order to avoid future disputes between their heirs. 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.

(2) The person who inherits the property is the legal heir of the decedent.

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.

(3) The real estate is the part owned by 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).

Legal objectivity:

What are the procedures for property inheritance? The main contents are as follows: (1) The procedure is to cancel the account at the police station where the decedent's household registration is located and apply for a death certificate; (two) to the district or city notary office (the original export of commercial housing to the city notary office) for inheritance notarization, real estate inheritance is divided into two types: one is testamentary inheritance, and the other is legal inheritance. The materials to be submitted are: 1, and for legal inheritance: (1) the applicant's resident identity card or household registration book and its copy; (2) If the agent applies on his behalf, the entrusted agent shall submit the power of attorney, ID card and its copy; Other agents need to submit agency qualification certificates; (three) the inheritance of property; (4) the death certificate of the decedent; -5. If the legal heir dies, submit a death certificate and a certificate of kinship; (six) the decedent's marriage, parents, children and related relatives; (seven) other certificates and materials that the notary believes should be submitted; 2. The testator shall submit: (1) the certificates and materials required to be submitted in the above four items; (2) the will of the decedent (the will must be notarized, and other forms of wills are not adopted for the time being because their authenticity cannot be determined); (3) If there is a person subjected to execution, submit the identity certificate of the person subjected to execution and its copy; (four) other certificates and materials that the notary believes should be submitted. Upon examination, the above documents and materials are true and complete, and conform to the provisions of the Rules of Notarization Procedure (for Trial Implementation). The notary office accepts, registers and handles notarization. What needs special attention is that all heirs bring their household registration books and ID cards to the notary office, and those who want to give up their inheritance rights must also go to the notary office in person. In the field, the "waiver" should be notarized at the local notary office; Abroad, the "waiver" should be notarized at the embassy of China in the host country.