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What is the notarial fee for inheritance

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What is the notarial fee for inheritance


        

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  • 2024-06-23 10:00:03

    1. Inheritance right notarization fee
    The notarial fee for the inheritance right shall be charged according to 2% of the appraisal price of the real estate inherited by the heir, and the minimum fee shall not be less than 200 yuan.
    2. Cost of real estate value appraisal
    According to H.J.F. () No. 088 document, the appraisal fee is calculated by the progressive method of the difference law according to the difference of the real estate value.
    Total real estate price (10000 yuan) progressive charging rate ‰
    Below 100 (including 100) 5
    Part 2.5 above 101 to 1000
    Above 1001 to part 1.5
    0.8 for parts above 5000
    Above 5001 to 8000 Part 0.4
    Part above 8001 to 10000 0.2
    0.1 for parts above 10000
    3. Taxes on inheritance and transfer of real estate.
    It consists of the contract stamp tax of 0.05 yuan, the registration fee of 100 yuan and the stamp tax of 5 yuan for the certificate of ownership.
    The legal heir inherits the real estate and is exempt from the deed tax. For the illegal heir who inherits the land and house ownership according to the will, the deed tax of 1.5 shall be paid.
    For example, if a house of 1 million yuan is to be inherited and transferred, it needs to bear a house evaluation fee of 5000 yuan, a notarization fee of 20000 yuan, a contract stamp tax of 500 yuan, a registration fee of 100 yuan, and a certificate stamp tax of 25605 yuan. The cost is considerable, so some people directly register the house in the name of their children when purchasing real estate.
    The scope of inheritance listed in the Inheritance Law of China includes houses. The so-called inheritance of houses means that after the decedent dies, his house property belongs to his testamentary successor or legal successor. Therefore, only the house of the decedent with legal property rights can be inherited. When inheritance occurs, if there are more than one successor, the property shall be converted according to the will and relevant laws and regulations, and the transfer formalities shall be handled at the competent department with the original property certificate, will and other materials. Effective certification and specific steps are required to handle the property right transfer of the house:
    1、 Need valid proof
    1. The legacy of the elderly is the common property of all heirs.
    2. As long as each successor agrees and signs the agreement on the division of the common property, it will become effective, and no successor may breach the agreement.
    3. If each successor has no objection to the division of the inherited common property, he/she can handle the transfer formalities with this agreement.
    2、 Housing inheritance registration steps. The procedures for property inheritance must go through the processes of property appraisal, inheritance notarization, and application for property right registration. When the owner of the house who has received the Real Estate Ownership Certificate dies, his legal successor can apply for the inheritance registration of the house. The general steps are as follows:
    1. Housing evaluation: first, the market value of the housing must be evaluated by the evaluation company. The appraisal company will make professional price analysis and price evaluation according to the road section, sitting direction, floor, age and other important factors of the house, and determine the accurate market value of the property.
    2. Inheritance notarization: The applicant should go to the notary office where the house is located to handle the inheritance notarization and get the inheritance notarization certificate. In the process of notarization, the death certificate of the owner of the house, the certificate of the list of legal heirs issued by the legal authority, and the wills (if any) made by the original owner of the house must also be submitted. If some legal heirs voluntarily give up the right of inheritance, they must issue a certificate of commitment to give up property.
    3. House surveying and mapping: the applicant must apply to the real estate surveying and mapping department for the housing area surveying and mapping or transfer procedures, and obtain the surveying and mapping results or drawings to go through the property rights registration procedures.
    4. Inheritance registration: the applicant shall apply for inheritance registration at the real estate trading center with the real estate certificate, inheritance notarial certificate, housing surveying and mapping and other certificates. After filling in the Application for Real Estate Property Right Registration and submitting the above materials, the case handler will accept the application and issue a receipt. After all materials are reviewed, the property ownership certificate of the changed owner will be issued.
    5. Other materials required to be submitted: if the matters involving the ownership of the house are judged, ruled or mediated by the court, the court judgment, ruling or mediation statement must be submitted. If the house is found to have been reconstructed or to have been constructed illegally after field surveying and mapping, the application for construction review or the decision on handling must be submitted to the planning department.

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