Insights

How to handle the notarization of inheritance right in Ningbo? Materials, process and dispute handling

Ningbo Author：LuXu WANG

The old man in the family dies, leaving behind the house property, savings or equity. There is no contradiction between several children, but they are stuck in the step of "how to legally transfer the property to their own name" -- this is the most common situation in inheritance affairs. At this point, the most common course of action is to apply for notarization of the right of inheritance. It is presented by a notary public to confirm "who is the legal heir of the decedent and how much share they inherit". After the notary public certificate is issued, the heir can go to the real estate registration center, bank and securities institution for transfer or withdrawal with this notary certificate, usually without having to file a lawsuit. Its value can be summarized in two steps: confirming the right of inheritance and smoothly completing the transfer of ownership. As long as the heirs do not dispute the scope of the estate or their respective shares, probate is often faster and more cost-effective than litigation.

But notarization is not everything. Once there is a substantial disagreement about the authenticity of the will, the scope or share of the heirs, the notary office will be difficult to accept because the applicant has disputes over the matter of applying for notarization, and can only be transferred to the court at this time. Therefore, determining whether a dispute exists before deciding whether to proceed with notarization or litigation marks the first critical juncture in handling inheritance matters.

1. What is an inheritance notarization, and when is it used?

the notarization of the right of inheritance is the activity of the notary institution to prove the authenticity and legality of the right to inherit the personal legal property left by the decedent according to the application of the heir. It encompasses both notarization of statutory inheritance and notarization of testamentary inheritance as well as acceptance of bequests. The basis for notary institutions to handle inheritance notarization is, first of all, Article 11 of the notarization Law, which clearly lists "inheritance" as one of the statutory notarization matters of notary institutions.

Under what circumstances should we use it? The most typical ones are three: first, the decedent has real estate and vehicles in his name, which need to be transferred and registered; second, the decedent has deposits, stocks, funds, provident funds and other properties that need to be withdrawn by certificates; third, the decedent has company equity, partnership shares and other properties that need to be changed by shareholders. The common feature of these assets is that the institution responsible for registration or withdrawal requires documentation from an “authorized disposer,” and a notarized certificate issued by a notary office is precisely the most widely accepted form of such documentation.

The Difference Between Notarization and Litigation

Compared with inheritance litigation, the key difference with notarization lies in whether or not there is a dispute. Notarization is premised on the absence of disputes between the parties; litigation, by contrast, is tasked with resolving such disputes. As stated in practical experience, if the negotiation and mediation of inheritance cases are successful, "you can go to the notary office for inheritance notarization, and you don't have to go through litigation; even if you go through litigation, there is no dispute litigation at this time, and you can go to the court to issue a civil mediation statement". Conversely, if prolonged negotiations fail to yield a resolution and disagreements persist, filing a lawsuit at the appropriate time may prove to be the better course of action.

2. Who can handle it, and where should I go?

The applicant must be an heir, legatee or legal agent who has an interest in the inherited estate. According to the requirements of the Rules of Procedure for Notarization, the acceptance of an application must meet several conditions: the applicant has an interest in the notarization matter; there is no dispute between the applicants on the matter to be notarized; the application matter falls within the scope of notarization stipulated in Article 11 of the notarization Law; and meets the jurisdiction provisions. Among these provisions, “no dispute” is the threshold for inheritance notarization. To handle notarization of inheritance, it is generally required that all legal heirs apply jointly, or at least that those who renounce their inheritance submit a notarized declaration of renunciation.

Jurisdiction: the domicile of the decedent or the location of the principal assets.

Article 25 of the Notary Law stipulates that the application for notarization can generally be submitted to the notary institution in the place of domicile, habitual residence, place of conduct or place of fact; the application for notarization involving real estate should be submitted to the notary institution in the place where the real estate is located. In the inheritance scene, the common formula in practice is: if the estate is movable property, it shall be under the jurisdiction of the notary office where the heir lived or where the main property is located; if the estate is immovable property, it shall be under the jurisdiction of the notary office where the immovable property is located. The "Guiding Opinions on Handling Inheritance Notarization" also requires that if two or more parties inherit the same estate, they should jointly apply for notarization to a notary agency, and they cannot do their own.

It should also be noted in practical operation: if the real estate is in Ningbo and the deposit is in other places, the inheritance of the real estate should be handled with the notary office where the real estate is located; if it only involves the deposit and other movable property, it can be handled with the notary office where the decedent lived or the main property.

3. List of Materials Whether

materials are complete or not directly determines whether they can be accepted and how long the certificate will be issued. Article 3 of the Guiding Opinions on Handling Inheritance Notarization of the China Notary Association clearly lists the materials for inheritance notarization. Combined with practice, the following categories usually need to be prepared:

  • identity documents of the heirs: the resident identity cards and residence booklet of all the heirs, and check the originals.
  • the death certificate of the decedent: the "death certificate" issued by the medical institution; the death certificate issued by the public security organ or the certificate of cancellation of residence with the date of death indicated; the judgment of the people's court declaring death; or the notarial certificate of death. One of the four types of materials can be.
  • proof of kinship: basic information of all legal heirs and proof of kinship with the decedent. Common forms include certificates issued by the personnel department of the unit where the decedent or heir file is located, certificates issued by the grassroots people's government, that is, towns and streets, certificates issued by public security organs, as well as marriage registration certificates, adoption registration certificates, birth medical certificates, notarial certificates, etc.
  • Documents for a Deceased Heir: If any other heirs have also passed away, you must additionally submit their death certificates and proof of kinship for all of their legal heirs.
  • Property ownership certificate: If you inherit the registered property, submit the original property ownership (right) certificate, such as real estate certificate, passbook, deposit certificate, bank card, deposit inquiry form, motor vehicle registration certificate, equity certificate, etc.
  • Will or Legacy Support Agreement: If the decedent had a will or a legacy support agreement during his or her lifetime, please submit the original of each.
  • Spousal Property Agreement: If the decedent had a spousal property agreement with his or her spouse during his or her lifetime, please submit the written agreement.
  • Declaration of Renunciation of Inheritance: If any heir renounces the inheritance, a declaration of such renunciation shall be submitted.
  • Materials for Authorization and Guardianship: If authorizing another person to act as an agent, submit a notarized power of attorney; if acting as a guardian, submit proof of guardianship qualification.

There is another detail that is easy to be ignored: if you want to inherit the money in the bank card or securities account with an unknown amount, the notary institution will first let the party handle the notarization of the kinship for the purpose of inquiring the amount of the account, and then handle the inheritance notarization after the amount is determined.

4. handling process

The process of handling inheritance notarization generally consists of four stages: application, acceptance, verification, and issuance of the certificate.

1. Application and Acceptance

the applicant should fill in the application form for notarization, indicating the basic information of the applicant and the agent, the application items, the purpose of the notarial certificate, the supporting materials submitted, etc. Upon accepting the application, the notary institution shall inform the parties of the legal significance of the notarization matter and the potential legal consequences thereof. The content, manner, and time of such notification shall be recorded and filed, and signed by the applicant. If the conditions for acceptance mentioned above are met, the notary public shall accept it.

2. Verify

After acceptance, the case proceeds to review. Article 28 of the notarization Law requires the examination of the identity of the parties, the contents of the documents, the authenticity and legality of the supporting materials, and whether the application items are true and legal; Article 29 stipulates that if there is a need for verification or doubt, the notary institution shall verify, or entrust a notary institution in a different place to verify on its behalf, and the relevant units and individuals shall provide assistance in accordance with the law. The Rules of Notarization Procedure further provide verification methods: questioning the parties and interested parties, questioning witnesses, learning about the situation from relevant units or individuals and collecting documentary evidence, on-site inspection, entrusting professional institutions to identify and inspect, etc.

In practice, when it comes to long-standing inheritance, the notary office will often send a letter to the decedent or the personnel file storage unit of the heir, the public security organ of the original household registration place, and the grassroots government to investigate and collect evidence; if the original certificate cannot be obtained, it may also take the methods of announcement, visiting neighbor witnesses, etc.

3. Certificate

Article 30 of the Notary Law stipulates that if the notary institution considers that the certification materials are true, legal and sufficient after examination, and the application items are true and legal, it shall issue a notarial certificate to the party concerned within 15 working days from the date of acceptance; in case of force majeure, supplementary certification materials or the need to verify relevant circumstances, the required time shall not be counted in the time limit. Notarization itself also has strong probative power. Article 36 of the notarization Law stipulates that notarized civil legal acts, facts and documents with legal significance shall be used as the basis for determining facts, except where there is evidence to the contrary.

5. common problems

1. Missing age-old death certificate

The elderly person was born in the 1930 s or 1940 s and passed away several decades ago, so a medical death certificate is often difficult to locate. At this time, the next best thing is to settle for: if the registered permanent residence has been canceled, the registered permanent residence management department of the police station shall obtain the certificate of cancellation with the date of death indicated; Can also be cremation certificate, funeral certificate, ashes storage certificate, tombstone photos and other supporting evidence; If it is really impossible to verify, it can also be strengthened through witness testimony and unit file records. These materials in the notary office of the investigation and verification, usually can form a complete chain of evidence.

2. Kinship is difficult to prove

When family members are not listed in the same household registration book, and the whereabouts of the deceased’s personnel file are unknown, this constitutes a second-category, frequently encountered difficulty. The ways to try include obtaining the personnel files of the decedent, obtaining the household registration records of the family members when they are not divided into households, checking the personnel files of the heirs themselves, and submitting the birth medical certificates of their children. Copies of personnel files must be stamped with the official seal of the unit, and household registration materials must be stamped with the official seal of the public security household registration department. In practice, most family members can often be found through the personnel files of the living heirs themselves. If the applicant fails to provide proof, the notary may also assist in the investigation according to the clues provided by the notary.

3. The heir is missing or uncooperative.

As long as even one legal heir cannot be contacted or refuses to cooperate, the notarization process usually cannot proceed, because notarization requires that there be no disputes and that all heirs participate. If one party's whereabouts are unknown or refuses to be present, the notary office will generally not accept it. At this time, it should be transferred to the lawsuit, which will be handled by the court through public notice. In other words, if you can’t find the person, it’s essentially impossible to complete the notarization.

4. Wills and legal succession conflict

Article one thousand one hundred and twenty-three of the Civil Code stipulates that after the inheritance begins, it shall be handled according to the legal inheritance; if there is a will, it shall be handled according to the testamentary inheritance or bequest; if there is a legacy support agreement, it shall be handled according to the agreement. If there are several wills and the contents are in conflict, the last will shall prevail, and the notarized will no longer have the priority effect. When notarizing the succession of a will, the notary office will focus on examining the form and effect of the will and ask whether there is a prior will or legacy support agreement. If the property disposed of by will contains another person's share, such as the spouse's portion of the joint property of the husband and wife, the portion of the disposition may be invalid and easily controversial.

5. Property in the field

It is common for heritages to be scattered in different cities. Since the notarization involving real estate should be submitted to the notary office where the real estate is located, the real estate may need to be notarized in the place where the real estate is located in a different place, while the inheritance of movable property such as deposits can generally be handled in the place of residence or main property of the decedent. If necessary, you can entrust a non-local notary agency to verify it on your behalf to reduce the cost of round-trip.

6. Costs and Time Limits

The fees for inheritance notarization are usually collected in stages according to a certain proportion of the amount of the inheritance. The charging standards and reduction policies of notary offices around the country are not completely consistent, and the specific amount should be confirmed to the notary office to be accepted before handling. In terms of small inheritance, the China Notary Association's "Guiding Opinions on Handling Notarization of Small Inheritance Inheritance" and the landing documents of some provinces simplify the materials and procedures for the case of small inheritance targets, which can reduce the burden on the parties. The specific threshold is based on the local notary office. The current regulations shall prevail.

In terms of time limit, the fifteen working days stipulated in Article 30 of the Notary Law is the basic time limit for examination and certification, and the time for investigation and verification and supplementary materials is not included; for ordinary cases with complete materials and clear facts, the actual certification is often faster than this time limit. Conversely, cases that require a large number of letters to investigate or announce may take up to one or two months or even longer.

What to do 7. controversial

1. Transfer to action when notarization is impossible

Once there is a dispute between the heirs about the right of inheritance, the scope of the estate or the share, the notary office will not handle it because the applicant has a dispute about the matter of applying for notarization. At this point, we should turn to litigation. Succession disputes shall generally be under the jurisdiction of the people's court of the place of the decedent's domicile or principal estate at the time of his death. Inheritance cases in Ningbo are usually accepted by the grass-roots courts in the place where the heirs are domiciled or where the main estate is located.

2. Disposal of inheritance

Article 124 of the Civil Code stipulates that if the heir renounces the inheritance after the commencement of the inheritance, he shall make a written expression of renouncing the inheritance before the treatment of the estate; if there is no expression, it shall be regarded as acceptance of the inheritance. The waiver of inheritance should be made in writing, and in practice, it is mostly declared on the spot at the notary office or submitted a notarized statement. The case handling guidelines further suggest that if the waiver of inheritance causes the heir to fail to perform his legal obligations, the waiver shall be invalid; If the inheritance is waived, it shall be filed before the estate is disposed of. If the other heirs do not agree, a lawsuit for restoration of inheritance may be filed for confirmation by the court. The effect of waiver of succession dates back to the time of the commencement of succession.

3. The relationship between notarization of wills and inheritance notarization

The two are not the same thing. A notarized will is a form of testator making a will to resolve how the property will be divided in the future;Inheritance notarization is to confirm who has the right to inherit and how much each gets after the inheritance begins. Since the implementation of the Civil Code, notarized wills no longer have priority over other forms of wills, and if the contents of multiple wills conflict with the last one, the notary office will still review all wills and verify their validity even if there is a notarized will.

8. handling matters needing attention and avoiding pits

First, do not omit any heirs. The first order of statutory succession comprises the spouse, children, and parents; the second order comprises siblings, grandparents, and maternal grandparents. Children include legitimate children, illegitimate children, adopted children, and stepchildren who have been financially supported by the deceased. The decedent’s parents, surviving spouse, and all children must be included; the omission of any one of them may result in the notarial certificate being challenged or even revoked. Second, do not conceal the heirs. Concealing an heir in notarized documents constitutes the submission of false information, which may not only result in corresponding legal liability but also expose the party to lawsuits from other heirs and even lead to rejection by the registration authority or be blocked by a notice of objection during the real estate registration process. Third, don’t assume that only children will necessarily get everything. If the decedent’s parents are still alive at the time of death, they are also first‑order heirs; in the case of children who predeceased the decedent, derivative succession applies, with the decedent’s lineal descendants inheriting by way of substitution. Fourth, where the property in question constitutes marital joint property, one half shall first be allocated to the surviving spouse, and then the inheritance procedures shall be carried out with respect to the portion belonging to the decedent. Fifth, please keep the original death certificate and proof of kinship in a safe place, as they will typically need to be presented again when processing the transfer of ownership or withdrawing the deposit.

Class Case Reference: In the case of Wang Moumou v. Fu Moumou Inheritance (Case 35 of Chinese Court of 2022, Marriage, Family and Inheritance Dispute), the defendant made up the fact that other heirs had died, defrauded notarial deed and transferred property when handling the notarial right of inheritance. After finding out, the court directly overturned the effect of notarial deed and reduced its share of inheritance as appropriate. Trial court: Qingshan District People's Court of Wuhan City, Hubei Province in the first instance and Wuhan City Intermediate People's Court of Hubei Province in the second instance: No.; Source: Knowledge Base "2022 Cases of Chinese Courts, Marriage, Family and Inheritance Disputes".

9. Frequently Asked Questions

Question 1: Is inheritance notarization mandatory?No. It is an optional non-litigious avenue. An heir may also directly apply to the real estate registration authority for inheritance registration by submitting the relevant documents; where real estate is acquired through inheritance, the application may be made unilaterally by the party concerned; or the rights may be determined through court litigation or mediation. The advantage of notarization lies in its simplicity and widespread acceptance by registration authorities.

Question 2: There’s a minor disagreement among the heirs—can the process still go forward?In principle, if there is a substantive dispute, the matter cannot be processed. Notarization is accepted only when the parties involved have no dispute regarding the matter being notarized. If the issue stems from poor communication rather than a genuine dispute, you may first attempt to reach a mutual agreement before filing an application; if it is indeed a dispute, the only option is to proceed with litigation.

Question 3: If I’m out of town, do I have to return to Ningbo to handle this?Inheritance notarization involving real estate shall be handled at the location of the real estate; if no real estate is involved, it may be handled at the notary office in the deceased’s domicile or at the location of their principal assets. Ningbo local notary office according to the first to accept, do not have to struggle by which jurisdiction.

Question 4: How long does the inheritance notarization usually take? The legal time limit is fifteen working days from the date of acceptance, and the time for checking and supplementing materials is not included. Cases with complete materials and clear facts tend to be faster; those requiring letters of inquiry, public announcements or interviews with witnesses take longer.

Question 5: Can renunciation of inheritance be expressed verbally? No. The waiver of inheritance shall be made in writing; in practice, it generally requires a declaration made on the spot at a notary office or the submission of a notarized waiver of inheritance statement. Verbal waiver makes it difficult to fix evidence.

Question 6: After the notarization of inheritance, will the house be transferred successfully? Not necessarily. A notarized certificate is one of the important bases for inheritance registration; however, the registration authority will also verify identity, the source of ownership, tax payment certificates, and may issue a public notice. Registration will only be granted if no objections are raised during the notice period. In some cases, it is still necessary to supplement materials or coordinate the cooperation of other heirs.

Practical experience of 10. lawyers

When the old man in the family left, there was no conflict between several children, but they were stuck in the step of "how to legally transfer the house deposit to their own name", which is the most common situation in inheritance. The value of notarization of the right of inheritance is that the notary institution confirms who has the right to inherit and how much each inherits. It is usually not necessary to file a lawsuit to handle the transfer or withdrawal with a notarial certificate. But it has a premise: there is no substantial difference between the heirs on the scope of the estate, the share, the authenticity of the will. Therefore, the first step is not to rush to notarization, but to find out "whether there is any dispute".

After deciding to go through the notarization, the material preparation is the core. The deceased’s death certificate, proof of kinship, and documents establishing ownership of the estate must all be complete. Furthermore, identity documents for all first‑order heirs, as well as their attendance or authorization procedures, must also be in order. The materials are not complete or the kinship is not clear, which is the place where the card lasts the longest. Before handling the certificate, it is suggested to ask the notary organization for the list, especially the property that needs certificates such as real estate, provident fund and insurance policy, and list all the clues in advance to avoid repeated errands. If someone's whereabouts are unknown or do not cooperate, it is also necessary to think in advance whether to use a statement or go through other procedures.

Notarization is not a panacea. If someone retracts their agreement on the share allocation or questions the authenticity of the will, do not stubbornly proceed with notarization; switching to litigation promptly can actually save time. Even if the notarization is successful, the family also suggests that "who takes the lead, who pays the expenses, and how the share will be used" should be clearly discussed, so as to avoid internal friction due to residence and compensation when the notarization certificate is issued and the house is passed over. Involving debt, holding, anonymous assets, notarization stage should be more truthful declaration, don't hide for the sake of quick, otherwise later creditors or interested parties to claim, the trouble is much greater than the original direct clarification.