How to inherit intestate property
The inheritance of intestate property is carried out by legal inheritance. All heirs go to the notary office to handle the inheritance certificate, and then all heirs who have obtained the share of real estate can go to the housing management department to handle the inheritance transfer formalities with the certificate issued by the notary office. In addition, some housing management departments do not need to apply for a certificate of inheritance, but only need all heirs to bring all the information and go directly to the housing management department for transfer. Generally, the procedures to be provided include decedent's death certificate, heir's identity certificate, kinship certificate, property certificate and other materials. The specific situation can also be consulted with relevant departments when handling.
How to inherit a house from a child
The transferor and the transferee shall submit an application for real estate transfer registration to the real estate rights registration authority with identification documents and application materials for transfer registration. If the applicant entrusts others to handle it, it is necessary to submit a notarized power of attorney, go to the notary office where the house is located to handle the notarization of inheritance and receive the notarization of inheritance. When handling notarization, the death certificate of the owner of the house and the list of legal heirs issued by the legal authority must be provided. If the original owner of the house has a will, the original will should be provided. If some legal heirs voluntarily give up their inheritance rights, they must issue a letter of commitment to give up their property.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 209 of the Civil Code of People's Republic of China (PRC)
The establishment, alteration, transfer and extinction of the real right of immovable property shall 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 9 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate
To apply for real estate registration, the applicant shall fill in the registration application form and submit the identity certificate and relevant application materials.
Original application materials shall be provided. If the original cannot be provided due to special circumstances, a copy may be provided, which shall be consistent with the original.
Article 38
To apply for the registration of the transfer of state-owned construction land use rights and housing ownership, the following materials shall be submitted according to different situations:
(1) Certificate of ownership of immovable property;
(2) Contracts for sale, exchange and gift;
(3) materials inherited or bequeathed;
(4) Separation and merger agreements;
(5) Legal documents that come into force by the people's court or the arbitration commission;
(six) the approval documents of the people's government or the competent department with the power of examination and approval;
(7) Relevant tax payment vouchers;
(8) Other necessary materials.
If the real estate sales contract should be filed according to law, the applicant shall submit the filed sales contract when applying for registration.