What are the precautions for the sale of inherited houses? These procedures should not be forgotten
4hw.com.cn: now house inheritance has become a round of topic for everyone. Some people will sell the inherited houses. What are the precautions? What is the process? Let's have a look.
Inheritance notarization must be done before the sale of inherited houses. Inheritance often involves the collection and examination of evidence and the determination of facts, and the parties sometimes can't grasp the whole picture of the truth. Therefore, before selling the inherited house, the successor must first complete the relevant procedures, then complete the registration of house property right transfer in the real estate management department, and then carry out listing transactions to avoid disputes.
How to handle real estate inheritance notarization?
1、 Materials required
There are two kinds of real estate inheritance, testamentary inheritance and statutory inheritance. If the deceased left a will before his death, the property can be distributed according to the will. If there is no will, it shall be handled in accordance with legal succession. The materials to be prepared for handling the notarial certificate at the notary office are as follows:
(1) Death certificate of the decedent (to be handled at the police station);
(2) The property right certificate of the inherited house and other certificates;
(3) Relevant identity documents of heirs.
If notarization is conducted according to legal succession, it is also required to:
(1) Proof of legal heir. It needs to be handled at the unit (or neighborhood committee or village committee) where the deceased lived. The content is the relevant information of the deceased's spouse, parents and children.
(2) If the legal heir inherits from one, and the property is only transferred to one of them, the other legal heir shall give up the inheritance of the property in writing.
After handling the justice of inheritance, the heir can go to the real estate transaction to handle the inheritance procedures. The materials to be submitted include: house ownership certificate, house right registration application (received at the window), inheritance notarization certificate and heir identity certificate.
Special situations needing attention include: (1) in terms of housing property rights, such as housing reform housing, affordable housing and other special types, it is also necessary to provide the review of housing reform sales price and the approval form for the listing and transaction of purchased housing; (2) The heirs shall handle the property inheritance in person. If they cannot handle it, they shall submit the power of attorney (notarial certificate) and the identity certificate of the entrusted person; If the heir is a minor, the identity document of the guardian shall be submitted; (3) The heir who has been judged by the court shall submit the court judgment and the notice of assistance in execution.
What are the expenses that need to be paid when handling house inheritance?
For house inheritance, the cost of the house itself does not need to be paid, but it also needs to pay handling fees, including
(1) Transaction fee: 1 yuan / m2 (slightly different from each place);
(2) Registration fee: 80 yuan / set (residential);
(3) Cost of house ownership certificate: one copy is free (10 yuan for each additional copy);
(4) Stamp duty: 5 yuan / book
After submitting the required materials and paying the fees, the heir can get a new house property certificate. I need to be present to get the license, otherwise I need to submit a power of attorney.
After the real estate management department completes the formalities and the registration of house property right transfer, the successor can list the house for trading, which can avoid the problems mentioned at the beginning of the article.