Is funeral expenses reimbursement an inheritance?

<> burial method has a great relationship with funeral expenses, but in some accidents, the calculation of compensation for funeral expenses is generally the same, that is, funeral expenses = the average monthly wage standard of employees in the previous year at the location of the court where the lawsuit is filed is 6 months. However, this is only a statutory standard, and the expenses spent on the funeral of the deceased exceed the total amount of six months of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the perpetrator does not have to pay the excess, but the family of the deceased shall bear the excess.

Funeral expenses are not the personal property of the deceased at the time of death and therefore do not belong to the estate. Funeral expenses are essentially a subsidy to the relatives of the deceased, and the persons entitled to the divided pension and funeral expenses should be the close relatives of the deceased, i.e., the parents, spouse and children of the deceased, as well as those who are dependent on the deceased. Therefore, the division of pensions and funeral expenses cannot be divided equally like the division of inheritance, but priority should be given to the close relatives of the deceased who supported him during his lifetime and lost his life**.

Hello! The reply to your question is as follows for your reference:

Death compensation often includes many contents, including funeral expenses, maintenance of the person raised or supported by the decedent during his lifetime, alimony, death compensation (also known as death benefit), and compensation for the economic loss of the decedent. Among them, alimony and alimony are subject to specific compensation and should be owned by the person who was raised or supported by the deceased during his lifetime; Funeral expenses are the expenses required for the funeral of the deceased and should be paid by the person who paid for them; The compensation for the economic loss of the decedent is the compensation for the specific economic loss, and the compensation fee belongs to the claim left by the decedent citizen when he died.

As for the death compensation, it is generally believed that the death compensation paid by the compensation obligor is a kind of spiritual comfort and economic compensation for the relatives of the deceased, and is not a civil liability borne by the deceased who is no longer a civil subject. Therefore, the death compensation cannot be treated as the inheritance of the deceased's estate, but is a kind of compensation for the relatives of the deceased.

Are death benefits, pensions, funeral expenses an inheritance?

Funeral expenses are not within the scope of inheritance, and the testator can only dispose of the personal property that he legally owned during his lifetime. Funeral expenses, pensions, etc. are all property with special purposes after death, specially used to pay for the funeral expenses of the deceased or the spiritual comfort of the family, so they do not have the nature of personal property, and the testator naturally cannot dispose of these properties in the will, even if they are disposed of in the will, then this act is invalid. However, the personal property legally owned by the elderly during his lifetime shall be executed according to the will, and if there is no will, it shall be inherited according to the law.

According to the provisions of the Inheritance Act, the funeral expenses are first paid by the estate of the deceased, and if the estate of the deceased is insufficient to pay the funeral expenses, the heirs of the deceased bear the shortfall.

Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased, generally including corpse transportation expenses, cremation fees, farewell ceremony fees, urn purchase fees, ashes storage fees, etc. The funeral expenses paid by the deceased's unit are a kind of economic help for the relatives of the deceased to handle funeral affairs, and it is used to solve the practical difficulties encountered by the deceased's family in the funeral expenses.

The burial of the deceased is the obligation of close relatives or heirs of the estate, and it is also the moral requirement of public order and good customs in our country, and letting the deceased rest in peace is also a kind of comfort to the relatives of the deceased. The funeral expenses paid by a relative or heir may be deducted from the funeral expenses paid by the unit, and if the funeral expenses paid by the unit exceed the actual expenditure, the excess part may be reasonably divided with reference to the principles of estate treatment in the Estate Law. The heirs in the first order are equally divided:

Spouse, parents, children. In the absence of the first-order heirs, or if the inheritance is completely renounced, the second-order heirs are divided equally: siblings, grandparents, maternal grandparents.

The burden of the deceased's funeral expenses should be determined according to different circumstances: first, when the deceased has a tortious relationship, work-related injury insurance relationship, labor contract and employment relationship, social insurance relationship, etc., there are items for the payment and bearing of the funeral expenses, which shall be used in accordance with the principle of non-compensation and non-refund. Second, it is paid out of the deceased's estate, and if there is no inheritance, the deceased's heirs bear it.

Legal analysis: funeral expenses and death pensions do not belong to the scope of inheritance stipulated in the Civil Code of the People's Republic of China and cannot be inherited as inheritance. If the actual funeral expenses paid exceed the amount paid by the unit, the excess part cannot be deducted from the death pension.

The remaining funeral expenses and death benefits can be inherited with reference to the estate, but they must take care of minors who rely on the deceased and have no financial ** or immediate family members who are unable to work.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China stipulates that an inheritance is the personal legal property left behind by a citizen when he or she dies.

These include: (1) the income of citizens; (2) Citizens' houses, savings, and daily necessities; (3) Citizens' forests, livestock and poultry; (4) Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens (valuable** and creditor's rights whose subject matter is property, etc.).

Legal analysis: funeral expenses and death benefits do not belong to the scope of inheritance stipulated in the Civil Code of our country and cannot be inherited as inheritance.

Legal basis: Article 1122 of the Civil Code of the People's Republic of China An estate is a personal lawful property left behind by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Whether funeral expenses can be inherited as an inheritance.

Hello, funeral expenses are not an inheritance, but the personal account part of the endowment insurance belongs to the inheritance, and the other party has the right to pay off the debt. In the event of the death of the insured, the balance of his personal account shall be paid to the legal heirs in a lump sum, and in accordance with the provisions of Article 17 of the Social Insurance Law of the People's Republic of China, if an individual participating in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members may receive funeral subsidies and pensions.

Are pensions and funeral expenses inheritance?

The balance after the funeral is hereditary.

I dare to think that the funeral expenses are not the personal property of the deceased at the time of death, so they are not part of the inheritance.

"Funeral expenses" refers to the expenses incurred by the relatives of the victims in the burial of the deceased victims by infringing on the right to life of a natural person and causing the death of the victim. It is generally used for the deceased's clothing, plastic surgery, body storage, transportation, farewell ceremony, cremation, urn, ashes storage, etc., which is obviously a property loss, and the obligor shall compensate for such losses. Where the relevant national or local organs have provisions, follow those provisions; where there are no provisions, it is to be calculated according to the reasonable expenses of the actual expenses incurred in handling the funeral.

This is not an inheritance, but just a memorial service for the deceased.

I believe that funeral expenses belong to the inheritance, and I should ask a lawyer to answer my opinion.

Funds that are not part of the inheritance but are still used for burial.

Legal Analysis: Not Included. Citizens can only obtain property ownership or other legal claims through the exercise of certain civil acts on the premise of having the capacity for civil conduct and civil rights, and the funeral expenses and pensions are paid by the citizen when the citizen dies without the work unit, and are not obtained based on the civil acts of the citizen before his death.

To sum up, funeral expenses do not belong to the inheritance, funeral expenses are a kind of economic help for the relatives of the deceased to deal with funeral affairs, and it is used to solve the practical difficulties encountered by the family of the deceased in funeral expenses. Cong hands.

Legal basis: Article 1122 of the Code of the People's Republic of China on Civil Infiltration and Nuclear Suspicion An estate is the lawful property of a natural person left behind when he or she dies.

Funeral expenses are not related to the funeral affairs of the deceased, which are used to solve the practical difficulties encountered by the deceased's family members in the funeral expenses; Inheritance refers to the legal property of a citizen left behind at the time of death and can be transferred to others in accordance with the law.

According to Article 1122 of the Civil Code implemented in 2021, an estate is the personal legal property left behind by a natural person when he or she dies.

It depends on how much the funeral expenses are, and if it is not enough for the actual funeral expenses, what kind of inheritance is counted. If there is a balance, it must be an inheritance.

Funeral expenses are a kind of economic help for the deceased's relatives to handle funeral affairs, and the pension is the living allowance issued by the deceased's unit to the deceased's close relatives or dependents after the death of a citizen in accordance with the provisions of the regulations on the balance of sales, and at the same time has a certain amount of spiritual comfort. Law firms.

Share. Therefore, the funeral expenses and pensions are not the property left by the deceased at the time of death, and the payment objects are the close relatives of the deceased, so the funeral expenses and pensions do not belong to the inheritance, and cannot be disposed of by will.