Real estate can be passed on to the next generation through inheritance, but if you want to inherit the real estate from relatives and friends, you need to go through relevant procedures, and whether it needs to be notarized is something that people should pay special attention to. So does inheritance of real estate require notarization, and how much does it cost?
Does inheritance of real estate require notarization, and how much does it cost? There is no need for notarization if there is a will, but notarization is required if there is no will.
The Ministry of Justice issued the "Joint Notice on Strengthening Notarization in Real Estate Registration Management", which means that the 1991 version of Notarization on Strengthening Management of Real Estate Registration will be abolished from the date of issuance of the notice. This means that forced inheritance is no longer required for the transfer of property under a will. At this point, the "compulsory notarization" regulations and practices promulgated in 1991 and applied for 25 years are invalidated.
According to Article 14 of the "Implementing Rules for the Interim Regulations on Real Estate Registration" that came into effect on January 1, 2016, "If a party acquires real estate due to inheritance or inheritance, and applies for registration, it shall submit death certificate materials and wills. Or all legal heirs’ agreements on real estate distribution and kinship relationship materials with the decedent can also be submitted as notarized materials or effective legal documents.”
Notarization is required. The fees are:
1. To prove birth, death, identity, experience, nationality, power of attorney, marital status, kinship and whether you have been criminally punished, the fee is 10 yuan.
2. The fee for proving the legacy and support agreement is 10 to 50 yuan.
3. To prove that the seal is authentic, a fee of 5 yuan will be charged to prove that the copy, abridgement, and translation are consistent with the original, and that the photocopy is consistent with the original.
4. A fee of 10 yuan is required to prove wills, bequests, property rights, and prove that there are no file records.
5. To prove legal person status, adoption, property division, and product sampling testing, the fee is 10 to 30 yuan.
6. The fee for certifying the letter of guarantee, certifying the company’s articles of association, credit status and other relevant documents is 50 to 200 yuan.
7. Certification of trademark registration costs 50 yuan.
8. To prove labor insurance benefits, pensions, and children’s scholarships, the fee is 5 yuan per item.
9. The fee for proving bidding, auction, and prize drawing is 100 to 150 yuan.
10. The fee for proving the labor contract is 5 yuan.
11. Drafting and modifying the contract text costs 5 to 20 yuan.
12. For proof of paid transfer of stocks, house transfers, sales, and land use rights, a fee will be charged at three thousandths of the face value of the stock or house price, but the minimum fee shall not be less than 10 yuan.
13. To prove property inheritance or donation, the total amount of the beneficiary’s income is charged: (1) If it is less than 10,000 yuan, the fee is 1%, but the minimum fee is 10 yuan (2) If it is more than 10,000 yuan , charged at 2%.
14. To prove property inheritance or donation, the total amount of the beneficiary’s income is charged: (1) If it is less than 10,000 yuan, the fee is 1%, but the minimum fee is 10 yuan (2) If it is more than 10,000 yuan , charged at 2%.
15. If the document proving the creditor's rights is enforceable, the fee will be three thousandths of the total amount of the debt. If the original creditor's rights document has been notarized, the fee will be one thousandth, with a minimum fee of 10 yuan.
16. The fee for keeping wills or other documents and evidence preservation is 5 to 10 yuan.
17. Notarization fee for inheritance rights;
The notarization fee for inheritance rights is charged at 2% of the appraised value of the real estate inherited by the heir, with a minimum of not less than 200 yuan.
18. Real estate value appraisal fee;
According to Shanghai Price Housing (1996) No. 088, the appraisal fee is calculated using the progressive method of the law of difference according to the value of the real estate.
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Total real estate price (10,000 yuan) Progressive billing rate‰
Below 100 (including 100) 5
Over 101 to 1,000 part 2.5
1001 and above to 2000 part 1.5
2001 and above to 5000 part 0.8
5001 and above to 8000 part 0.4
8001 and above to 10000 part 0.2
0.1 for the amount above 10,000
19. Real estate inheritance and transfer taxes.
It consists of a contract stamp tax of 0.05% of the assessed value of the house, a registration fee of 100 yuan, and a warrant stamp tax of 5 yuan.
20. Deed tax
Legal heirs who inherit real estate are exempt from deed tax. Non-statutory heirs who inherit land and house ownership according to a will are required to pay a deed tax of 1.5%.
For example, if a house worth 1 million yuan is transferred through inheritance, you will have to bear the house appraisal fee of 5,000 yuan + the notarization fee of 20,000 yuan + the contract stamp tax of 500 yuan + the registration fee of 100 yuan + the warrant stamp tax of 5 yuan = 25,605 yuan, the cost is considerable, so some people directly register the house in their children's names when purchasing real estate.