[Explanation] Inheritance of notarization is a traditional business in the notarization industry. Due to the many problems reported by the masses, the difficulty of obtaining the certificate, the slow application of the certificate, and the complicated procedures, newspapers are often reported.
On May 27, the State Council Information Office held a regular briefing on the State Council’s policies in Beijing. The relevant person in charge of the Ministry of Justice answered questions from reporters on the topic of inheritance notarization.
[Explanation] According to reports, there are currently 2,942 notary institutions in China, with 13,620 notaries, and more than 13 million notarization cases are handled each year. In 2020, due to the impact of the new crown epidemic, more than 11.73 million notarizations were handled, of which 1.64 million were notarized for inheritance. According to Shi Hansheng, head of the Public Legal Service Administration of the Ministry of Justice, due to the lack of notaries and the complexity of inheritance notarization, the actual demand is far greater than this.
[Concurrent] Shi Hansheng, head of the Public Legal Service Administration of the Ministry of Justice
For example, one of the two brothers lives with the old man. The old man passed away with a household registration book, which only reflects the second child, the child or the eldest son. The other son has to go through various methods. The street is still the police station or the neighbor. The relationship with his deceased father, the deceased, is indeed very complicated. We often see some repeated proofs and circular proofs, which indeed have this problem.
Because it is difficult to obtain evidence and the risk of notaries in the notary office is high, and more importantly, it is related to the vital interests of the people. This property must be safe, not because the notarization is to prevent contradictions, and because our notarization is not detailed, it leads to social conflicts. Increased the pressure on the court.
[Explanation] Shi Hansheng said that in order to prevent disputes and protect the legal rights and interests of the parties and counterparts, the notary must treat the heir in the first place of the decedent, as well as his parents, spouses, and children, including whether there is subrogation, transfer of inheritance, etc. The situation is verified.
In order to improve the efficiency and quality of issuing certificates, the Ministry of Justice strives to simplify and improve the rules related to inheritance notarization, and at the same time implement a notarization certificate list system.
[Concurrent] Shi Hansheng, head of the Public Legal Service Administration of the Ministry of Justice
What materials are needed, which materials are shared through information, and which materials must be provided by the parties. You have to provide ID cards, household registration books, and some may be more difficult for the parties to provide. We must compare our hearts and think in another way. We will all become elderly people. We will do this kind deed now, take the initiative to run, take the initiative to make a judgment through your profession, the kind of honesty of legal service personnel, and avoid "applying for a certificate" and "renewing a certificate."
[Explanation] Shi Hansheng pointed out that for small inheritance, the Ministry of Justice is exploring the implementation of a commitment system, where the parties make a promise of authenticity and no longer require relevant proofs.
For impartial institutions, it is necessary to strictly implement the one-time notification and first-inquiry accountability system.
[Concurrent] Shi Hansheng, head of the Public Legal Service Administration of the Ministry of Justice
The main thing is to avoid the parties going back and forth to the notary office, let him know clearly the time limit for issuing the certificate, and cooperate with the notary office to provide which materials, so that his heart is very bright. Let him get the notarized documents as soon as possible.
[Explanation] Shi Hansheng said that the legal relationship of inheritance notarization is complicated, and some do need to be further investigated and verified, and some are due to the lack of service awareness of notary institutions and procrastination in handling matters.
The Ministry of Justice clearly requires that the notarization of inheritance cannot be rejected, and cannot be selected. It must be accepted in a timely manner and handled as soon as possible in accordance with the law to shorten the time for issuing the certificate.
Reporter Liu Chao reports from Beijing
Editor in charge: [Bian Liqun]