The owner of a rural house needs to transfer ownership when he dies, and only by transferring ownership can the ownership of the house be transferred. The rural homestead belongs to the village collective, and farmers only have the right to use the homestead. If the conditions are met, the children of the head of household can inherit the homestead house, thus indirectly enjoying the right to use the homestead, which requires the heirs to go through the transfer procedures. When the head of the homestead dies and his heirs meet the conditions of house inheritance, they can first apply to the village collective to change the right to use the homestead and the owner of the house, and they need to transfer the ownership within 30 days after the death of the original head of the homestead.

First, how to transfer the old man's deceased property to his children?

After the death of the old man, the transfer of real estate requires the heir to issue a certificate of legal heir to the neighborhood Committee and a death certificate to the police station; Go to the district or municipal notary office for notarization of inheritance rights, and go to the real estate surveying and mapping department for housing area mapping or transfer painting procedures; Apply for inheritance registration at the real estate trading center with real estate certificate, inheritance certificate, house mapping and other certificates, go to the resident tax office for tax verification, and get the tax payment certificate to change its name and transfer ownership.

Two, if the deceased did not leave a will in accordance with the statutory inheritance, to the notary office to open a notarial certificate need to bring materials:

1, go to the police station to issue the death certificate of the deceased;

2. Property right certificate or other documents of the house;

3, to the deceased's unit or neighborhood committees, village committees to open the legal heir certificate. The contents mainly include the names of the deceased's spouse, parents and children, and whether the deceased's parents have passed away;

4. If there is more than one legal heir, and the property is only transferred to one of them, the written consent of others is required to give up the inheritance of the property;

5. The identity certificate of the heir.

To sum up, after the death of the rural elderly, the house needs to be transferred, and only the transfer can have the right to use the homestead.

Legal basis:

Article 216th of the Civil Code of the People's Republic of China

Real estate register is the basis of ownership and content of real right.

The real estate register is managed by the registration agency.

Article 217

The certificate of real estate ownership is the proof that the obligee enjoys the real right of the real estate. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.

Article 122

Heritage is the personal legal property left by a natural person when he dies.

An inheritance that cannot be inherited according to the law or its nature shall not be inherited.