How long is the statute of limitations for inheritance disputes

The statute of limitations for accepting a bequest is an indication of acceptance or renunciation of the bequest within two months after knowing that the bequest has been received. If it is not indicated at the expiration date, it shall be deemed to have waived the bequest. The time limit for initiating a lawsuit in an inheritance dispute is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed.

However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.

In accordance with the General Principles of the Civil Law of the People's Republic of China

Article 135:The statute of limitations period for requesting protection of civil rights from the people's courts is 2 years, except as otherwise provided by law.

Article 136:The following statute of limitations periods are one year:

1) Claims for compensation for bodily injury;

2) ** The quality of the goods is not declared;

3) Delay or refusal to pay rent;

4) Deposited property is lost or damaged.

Article 137:The statute of limitations period is calculated from the time when knowledge or should have known that rights had been infringed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

Article 138:Where the statute of limitations period has expired and the parties voluntarily perform it, the statute of limitations is not to be limited.

Article 139:Where the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations is suspended. The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed.

Article 140:The statute of limitations for litigation is interrupted when a lawsuit is initiated, a party submits a request, or agrees to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.

The legal basis is the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China

15. During the statute of limitations, if the heirs are unable to claim inheritance rights due to irresistible causes, the people's court may handle it in accordance with the suspension of the statute of limitations.

16. Within two years from the date on which the heirs know that their rights have been infringed, the dispute over their inheritance rights may be handled in accordance with the statute of limitations for suspension of litigation during the mediation period conducted by the people's mediation committee.

17. If the heir files a lawsuit with the people's court due to a dispute over inheritance, the statute of limitations shall be interrupted.

18. If the heir learns that his rights have been violated between the eighteenth and the twentieth year from the date of commencement of the succession, his right to bring a lawsuit shall be exercised within 20 years from the date of commencement of the inheritance, and if the period exceeds 20 years, no further lawsuit shall be filed.

Two years from the time when the heirs knew or should have known that their rights and interests had been infringed.

The maximum statute of limitations for inheritance disputes is twenty years.

Legal analysis: China's law stipulates that the statute of limitations for requesting protection of civil rights from the people's court is three years, so if there is a dispute over the right of inheritance, the statute of limitations for filing a lawsuit with the court is three years, which is calculated from the time when the heir knows that the right has been infringed.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.