Holding a notarized will, the real estate bureau does not give the transfer, why?

Mondo Social Updated on 2024-02-01

With a notarized will, can I go directly to the house transfer?

A: Of course not! In 2015, Xiao Zhang's parents made a notarized will, designating Xiao Liu to inherit the property in his parents' name.

Just one month after the notarization of the will, my mother died of illness and my father died in 2022.

Xiao Liu took the notarized will to the real estate bureau to handle the transfer registrationBut I was told: I can't handle it. If you want to handle the transfer of real estate, you need to be present with other legal heirs to handle the transfer.

Xiao Liu's parents have passed away, and there is only one legal heir, his grandmother, and the old man is old and has difficulty moving.

In addition, my uncle deliberately obstructed my grandmother and was unable to assist in the registration of the transfer.

In desperation, Xiao Liu could only sue the court, and after getting the judgment, Xiao Liu handled the real estate transfer smoothly, and many people were puzzled, why couldn't Xiao Liu directly handle the real estate transfer with the notarized will?

1. It is impossible to determine whether the notarized will in Xiao Liu's hand is the last legal and valid will;

2. After the death of Xiao Liu's father, his legal heir is Xiao Liu's grandmother. The law clearly stipulates thatThe will should reserve the necessary share of the estate for the heirs who lack the ability to work and do not have a livingTherefore, based on the notarized will alone, it is impossible to determine whether Xiao Liu's grandmother is in a situation where she lacks the ability to work and has no life.

Therefore, even if there is, notarized will, once the other heirs do not cooperate with the notarization of inheritance, the testamentary heirs can not directly transfer the property and have to go through the litigation procedures, the way to save worry is to transfer the house to the name of the designated relatives before the death of the elderly!

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