How to transfer the property after the old man dies?
Recently, the topic of inheritance and real estate transfer has become a hot topic in society, especially in the context of an aging society. Many families face the problem of real estate transfer after the death of an elderly person. This article will combine the popular discussions on the Internet in the past 10 days and provide you with detailed answers to the real estate transfer process, required materials and precautions in the form of structured data.
1. Common methods of property transfer
After the death of an elderly person, the transfer of property is mainly achieved in the following three ways:
| way | Applicable conditions | Features |
|---|---|---|
| Legal inheritance | Intestacy or invalid will | Distributed according to the order of inheritance prescribed by law |
| testamentary succession | Have a legal will | Distribution according to the content of the will, which needs to be notarized |
| bequest | Gift of real estate to non-heirs | Requires explicit acceptance by the recipient |
2. The specific process of real estate transfer
with the most commonLegal inheritanceFor example, to transfer a property, you need to complete the following steps:
| steps | Operation content | Materials required |
|---|---|---|
| 1. Handle notarization of inheritance rights | Apply to the notary office to confirm the heir qualifications | Death certificate, kinship certificate, real estate certificate, etc. |
| 2. Pay taxes and fees | Pay deed tax, stamp tax, etc. (exempt in some areas) | Notarized documents, proof of identity |
| 3. Handle transfer registration | Change property rights at the Real Estate Registration Center | Notarial certificate, tax payment certificate, original property certificate |
3. Answers to hot questions
Based on recent heated discussions among netizens, the following high-frequency questions have been sorted out:
1. Does an uncontested inheritance require the presence of all heirs?
All first-order heirs (spouse, children, parents) need to sign the inheritance document. If some heirs give up, a written statement must be submitted.
2. How long does it take to transfer the ownership after the death of an elderly person?
The law does not stipulate a time limit, but it is recommended to handle it as soon as possible to avoid the impact on the sale or demolition rights distribution due to the property not being transferred.
3. How to handle inheritance and transfer of real estate in other places?
Notarization and transfer procedures need to be carried out in the location where the property is located. You can entrust a local lawyer or relative to handle it on your behalf.
4. Precautions
1.Will validity: A self-written will needs to be written and signed by the elderly person, and a will written on behalf of someone needs to be witnessed by more than two witnesses.
2.Tax policy: In 2023, many places will cancel the mandatory requirement for inheritance notarization, but some cities still use the old rules, so you need to consult in advance.
3.Dispute prevention: It is recommended to clarify the distribution plan through a family agreement to avoid litigation delaying the transfer.
5. Latest policy developments in 2023
| area | Policy changes | Implementation time |
|---|---|---|
| Beijing | Simplifying notarization materials for non-disputed inheritance | September 2023 |
| Guangzhou City | Piloting the "Information and Commitment System" to replace some certificates | October 2023 |
Real estate inheritance and transfer involves legal, tax and other issues in many fields. It is recommended to consult a professional agency based on the actual situation. Proper and timely handling of estates can not only protect the rights and interests of the family, but also provide the best comfort to the deceased.
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