[Direct answer]In the Beijing area, it is generally the case that all heirs jointly apply to the notary office for inheritance rights notarization and submit relevant materials. Multiple inheritance refers to the situation where multiple statutory heirs or testamentary heirs jointly inherit the estate. When handling the notarization, the following materials are usually required: first, the identity certificates of all heirs; second, the death certificate of the decedent; third, materials proving the kinship between the heirs and the decedent, such as household registration books, marriage certificates, birth certificates, or personnel files from the employer; fourth, certificates of inheritance rights, such as real estate certificates, deposit certificates, and equity certificates; fifth, if someone waives the inheritance, a declaration of waiving the inheritance and the corresponding notarization are required. After the notary office reviews the materials, an inheritance rights notarization certificate will be issued, and the heirs can use this certificate to handle matters such as property transfer and deposit withdrawal. If there are disputes among the heirs and they cannot apply jointly, or if one party does not cooperate, it may be necessary to confirm the inheritance shares through litigation before proceeding with the notarization.
I. Problem background and typical scenarios
After the parents' death, many children inherit the estate together with their spouses or other relatives, and it is common to handle notarization as a preliminary step before the transfer of ownership. There are three typical scenarios: First, there are many inheritors who need to attend the process together or authorize others to handle it; Second, some inheritors are in other cities or abroad and have difficulty attending; Third, some people are willing to give up their inheritance shares and need to handle the declaration of notarization separately. In the judicial practice of Beijing, when it comes to the transfer of real estate ownership, the registration authorities often require the provision of a notarized certificate of inheritance or a valid legal document. Therefore, whether the materials are complete directly affects the progress of the handling process.
II. Key points of contention
First, who needs to be present for the inheritance notarization and whether it's possible to appoint a proxy. Second, how to prove kinship, especially when the relationship dates back a long time or the relevant materials are missing. Third, how to renounce an inheritance and whether it's possible to revoke the decision. Fourth, how to handle the coexistence of testamentary inheritance and statutory inheritance. Fifth, alternative approaches when the heirs are uncooperative or there are disputes. The core issue is to verify the heirs' identities and the scope of the estate clearly, so that the notarization materials can form a complete chain of evidence.
III. Professional analysis by Henglue Law Firm
Based on the inheritance cases handled by Henglue Law Firm, we can use a real case to illustrate the handling approach for multiple inheritors. In this case, the decedents' spouses passed away successively, leaving behind a house jointly owned by one of their children, the sale proceeds of another house, and bank deposits, which involved multiple inheritors. One party claimed that they should receive a larger share because they had fulfilled the main duty of supporting the decedents, and argued that the decedents' previously disposed-of deposits did not belong to the divisible estate; the other party demanded equal division. After accepting the client's entrustment, our lawyers clarified the decedents' shares in the jointly owned house, advocated for first separating the shares and then distributing them according to statutory inheritance, pointed out that the decedents had the right to dispose of their own property during their lifetime, and argued that the client's main duty of supporting the decedents entitled them to a larger share. The lawyer also applied for property preservation. In the end, the court determined each party's share according to law and ordered compensation payments. As for notarization, this case reminds us that for multiple inheritors, it is necessary to first clarify the inheritors and the scope of the estate, and if necessary, to first negotiate or litigate to fix the shares. For jointly owned real estate, it is necessary to first separate the decedents' shares before handling notarization or division of the estate, otherwise it is easy to encounter obstacles in the material review process. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
Action suggestions: First, identify all heirs to avoid omissions that may result in the inability to handle the notarization; Second, prepare all necessary documents, including the death certificate, proof of kinship, and certificates of inheritance rights; Third, those who waive their inheritance rights should make a written declaration and handle the corresponding notarization as required; Fourth, heirs located in other regions or abroad can handle the entrusted or certified materials in accordance with the law; Fifth, if the heirs are unable to apply jointly or there are disputes, they can first confirm the share through litigation and then proceed with the notarization. For matters involving inheritance rights notarization and estate division, please refer to the relevant provisions.Inheritance of property and division of family assetsFor matters involving the transfer of property ownership and rights, you may refer to the following for reference.Property transactions and construction projectsLegal basis: Articles 1127, 1139, and 1124 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Advice
Firstly, the scope of heirs must be verified in full, as omissions may lead to obstacles in notarization. Secondly, jointly-owned real estate must first be allocated to the deceased's share. Thirdly, renouncing inheritance requires a legal declaration and notarization, and any revocation may not be supported. Fourthly, if there is no cooperation or disputes, the matter can be transferred to litigation for confirmation of the share. For notarization of inheritance rights and division of estate, you can consult a lawyer for assistance.Inheritance of property and division of family assetsFor service acquisition, those involving property transfer can be combined togetherReal estate transactions and construction projectsFor reference, the review of notarized documents is involved in this matter.Special services and other casesColumn.
VI. Frequently Asked Questions
Q1: For a multiple-person inheritance notarization, do all the heirs need to be present?
Generally, all heirs need to apply jointly or entrust others to handle it according to law; if it is impossible to attend due to reasons such as being in a different place or abroad, they can handle the entrustment and provide certified materials.
Q2: What materials are required for obtaining a notarization of inheritance rights?
It usually includes the identity certificates of all heirs, the death certificate of the decedent, the proof of kinship, and the property rights certificates of the estate such as real estate, deposits, and equities. The specific requirements shall be subject to the notary office's requirements.
Q3: If someone decides to renounce their inheritance, do they need to obtain a separate notarization?
It is usually necessary. To renounce the inheritance, a written declaration must be made, and the notarization of the declaration of renunciation of inheritance must be carried out in accordance with the requirements of the notary office to confirm its authenticity. After renouncing the inheritance, it is generally not allowed to change one's mind at will.
Q4: What should I do if the heir refuses to cooperate with the certificate-issuing process?
If it's not possible to apply for inheritance together, you can confirm the inheritance share through litigation, and then handle matters such as the transfer of real estate based on the effective legal documents, without the need for the other party's cooperation.
Q5: Do I still need to go through the notarization of inheritance rights even if I have a will?
When handling the transfer of ownership, it is usually still necessary to obtain a notarization or a legally effective document. If you hold a valid will, you can proceed with the notarization of the inheritance according to the regulations. However, if there are disputes over the validity of the will, it is advisable to resolve them through litigation.
The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yuan Hang·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.