Inheritance is a civil legal act in which heirs inherit the decedent's estate. Inheritance notarization refers to the activities of a notary public to prove the authenticity and legality of the heir's inheritance behavior according to the application of the parties and the legal provisions. As China's civil code divides inheritance into statutory inheritance and testamentary inheritance, inheritance notarization is also divided into statutory inheritance notarization and testamentary inheritance notarization. Inheritance notarization can prevent inheritance disputes, reduce litigation and maintain the stability of property relations and family relations. Applicable conditions for notarization of inheritance: after the death of a citizen, if he has property (stocks, funds, real estate, bank deposits, company equity, intellectual property rights), his heirs (parents, spouses, children or beneficiaries of the deceased's will) need to handle notarization of inheritance. After the inheritance of Article 1 145 of the Civil Code begins, the executor is the administrator of the estate; If there is no executor, the successor shall elect the administrator of the estate in time; If no successor is elected, the successor * * * shall be the administrator of the estate; If there are no heirs or all heirs give up inheritance, the civil affairs department or villagers' committee at the decedent's domicile shall be the administrator of the estate. When notarizing a will, the testator must carry the power of attorney, household registration book, work permit, property right certificate, etc. Go to the notary office in person If you can't go to the notary office in person due to illness or other reasons, you can ask the notary to go to the place where the testator is located. But no matter where the notarization is conducted, the testator must sign or seal in front of the notary. If the will has been signed or sealed in advance, it shall be confirmed to the notary that it is indeed my signature and seal. If a testator changes or revokes his will before his life, or modifies or supplements the original will, and makes a new will, the testator shall submit it to the notary office that originally proved the will, and indicate in the original will the will that revoked the certificate of notarization on a certain day of a certain year. Article 139 of the Civil Code Notarized WillA notarized will shall be handled by the testator through a notarization institution. 1. All heirs' ID cards, household registration books or other identification certificates (including parents, spouses and children) shall apply to the notary office; If you can't go to the notary office in person, you need to handle notarization locally and entrust others to handle inheritance notarization; If you can't go to the notary office in person and give up the right of inheritance, you need to notarize the declaration of giving up the right of inheritance locally; 2. The death certificate of the deceased and the household registration cancellation certificate (both are indispensable); (The death certificate can be a copy. If there is no copy, you need to get a letter of introduction from the notary office first, and issue a death certificate at the health and epidemic prevention station in your district, or it can be issued by the hospital at the time of death; If there is no record of the cancellation of the deceased's household registration in the household registration book, the household registration cancellation certificate of the police station where the household registration is located is required, and there is no need to issue a cancellation certificate). 3. Proof of kinship between all heirs and the deceased (such as unit certificate, marriage certificate and one-child certificate), all heirs must be present in person. If someone gives up inheritance, they need to sign a declaration of giving up inheritance; 4. If the heir has died, submit the death certificate, marriage certificate and kinship certificate (including parents, spouses and children, 5. Marriage certificate of the deceased; Refers to the marital status recorded in marriage certificate, divorce certificate (or court divorce judgment and valid certificate, divorce mediation book) and household registration book; If the marriage is long or the marriage certificate is lost, the marriage certificate may not be provided; If the deceased was unmarried, widowed or divorced at the time of death, a certificate of no marriage registration record issued by the Civil Affairs Bureau of the place of residence shall be provided. 6. Proof of the deceased's property, such as real estate certificate, bank deposit certificate, stock statement, etc. ; Please be careful not to leave it out, otherwise it needs to be re-processed; There is no legal provision for inheritance tax. After the notarization of inheritance rights is completed, a certain handling fee will be charged when you go to the trading center for transfer registration. Please consult the real estate trading center. 7. If the deceased had a will before his death, the original will should be provided. Although the law does not require inheritance notarization, if there is a will, it is best to notarize it, so as to minimize legal risks.
Legal objectivity:
Article 25 of the Notarization Law: A natural person, a legal person or any other organization may apply for notarization at the notary office of his domicile, habitual residence, place of behavior or place where the fact occurred. The application for notarization of real estate shall be submitted to the notary office where the real estate is located; Notarization involving entrustment, declaration, gift and will of real estate may be governed by the provisions of the preceding paragraph.