If parents die without a will or other special circumstances, it shall be handled in accordance with legal inheritance. In legal succession, children are the first heirs. Then, do parents, brothers and sisters need to sign new regulations when their parents die and their property is transferred to their children? I sorted out the relevant legal knowledge for you. Let's take a look together. I believe it will help you. 1. Do parents, brothers and sisters need to sign the new rules of property transfer to children? After the death of parents, if the property is transferred to their children according to legal inheritance, they can transfer the property as long as they go through the relevant formalities and pay taxes according to law, without the signature of their parents, brothers and sisters. This is because, according to the relevant provisions of legal succession in the Civil Code, parents, spouses and children are the first heirs, but brothers and sisters are not, so the consent of the decedent's brothers and sisters is not required, which is based on legal succession. If it is a dispute caused by testamentary succession or other inheritance methods, you can bring a lawsuit to the court.

Second, is there a time limit for children to inherit their parents' property? There is a time limit for the inheritance of parents' property. According to the relevant laws and regulations of our country, the longest litigation period of inheritance-related cases cannot exceed 20 years. A party who has inherited a case for more than 20 years cannot bring a lawsuit to the court, that is to say, the lawsuit in a case for more than 20 years is invalid and the court will no longer accept it.

Generally speaking, the period of inheritance begins when the decedent dies, and the inheritance behavior must also begin after the decedent confirms his death. After confirming the beginning of inheritance, if the decedent's estate and the spouse's * * * are the same property, and the decedent didn't agree on the relevant property with the spouse before his death, when the heir inherits, he should first divide half of the estate into the income of the decedent's spouse, and the rest can be treated as the decedent's estate.

The estate of the decedent must be disposed of in accordance with the provisions of the relevant inheritance law. If the decedent has a will, the inheritance shall be distributed according to the decedent's will. If there is an inconvenient or inseparable legacy, it can be handled through market evaluation and then compensated at a discount.

In reality, there may be multiple wills. According to the law, if the decedent leaves several wills with inconsistent contents and there are wills notarized by the notary office, the heir will inherit the estate according to the notarized will. Finally, in the inheritance and distribution of the decedent's estate, we should consider the actual needs and use interests of the heirs for reasonable distribution.

3. How much tax should the children pay when they inherit the property after their parents die? Including the contract stamp duty of 0.05% of the appraised house price, the registration fee of 65,438+000 yuan and the stamp duty of 5 yuan's warrants.

1. Heritage (immediate family): (not included in the purchase restriction)

Business tax: it can be exempted after 5 years (it can be adjusted in the file if it is not full).

Less than 5 years: evaluation ×5.6%

Individual tax: it is proved that five years have passed, and the only house can be exempted (if it is not full, it can be transferred to the file for five years)

Less than 5 years: appraisal × 1%

2. Legacy (non-immediate relatives): (included in the scope of purchase restriction)

Business tax: it can be exempted after 5 years.

Less than 5 years: assessment ×5.6%

Individual tax: it is proved that five years have passed and the only house can be exempted.

Less than 5 years: appraisal × 1%

Note: If the ownership source of the transfer of inherited property is written as "inheritance and gift", the tax will be calculated according to the gift method.

The direct necessary expenses for executing the will and managing the estate shall be calculated at 0.5% of the total taxable estate, but the maximum shall not exceed 5,000 yuan.