How the estate is divided among the legal heirs

The inheritance must be carried out in the order prescribed by law.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit;

If there is no first-order heir, the second-order heir shall inherit.

Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law or a widowed son-in-law to her parents-in-law, she is to be the first-order heir. "As a general rule, the heirs in the same order shall have an equal distribution of property.

Under special circumstances, the heirs in the same order may not distribute the inheritance equally, and these special circumstances refer to: (1) Heirs who have special difficulties in living and lack the ability to work shall be taken into account when distributing the inheritance.

2) Heirs who have fulfilled their main obligation to support the decedent or who live with the decedent may receive more dividends when distributing the inheritance.

3) If the heirs who have the ability and the conditions to support do not fulfill their obligation to support, the inheritance shall be distributed without or less.

4) It may also be distributed unequally if it is agreed upon by the heirs through consultation.

Legal analysis: Between the siblings of the legal heirs, if the deceased did not make a will or bequest agreement to inherit the estate to others during his lifetime, the siblings can inherit the estate according to the statutory inheritance and there is no first-order heir to inherit the estate. Legal basis:

Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1127 The inheritance of the estate shall be in the following order: (1) First order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Statutory inheritance refers to a legal activity in which the decedent does not leave a will when he dies, and the inheritance of his personal legal estate is carried out by the scope, order and distribution principles of heirs prescribed by law.

Article 10 of the Inheritance Law clearly stipulates that the legal incumbent is "the spouse, children, and parents are the heirs in the first order; Siblings, grandparents, and maternal grandparents are second-order heirs; If a widowed daughter-in-law has fulfilled the legal obligation to support her parents-in-law, or a widowed son-in-law has fulfilled her legal obligation to support her father-in-law or mother-in-law, she shall be the first-order heir, in addition to grandchildren, maternal grandchildren, and posthumous children who were living at birth. ”

Statutory succession shall apply in the following cases of inheritance:

1. In the absence of a bequest and maintenance agreement and no legal will;

2. When the heirs and donees of the will die before the testator and the will loses validity;

3. In the event that the heirs of the will have renounced the inheritance;

4. In the event that the testamentary heir loses the right of inheritance;

5. If the donee of the will has renounced the gift;

6. In the event that the donee of the will loses the right to receive the donation;

7. When the will is not legal or valid in its entirety for any reason;

8. The invalidity of the part of the estate in the event of a partial invalidity of the will;

9. Wills that do not involve the disposal of the estate, and the disposal of the estate by the heirs;

10. When the heir or donee named in the will fails to perform the legal obligations in the will and is decided by the people's court to cancel the right of inheritance or donation;

Ten. 1. The share of the specific estate reserved for the fetus in the will, which is stillborn at birth, is subject to statutory succession.

1. The inheritance shall be carried out in the order prescribed by law; 2. Under normal circumstances, the inheritance is distributed equally among the heirs in the same order; 3. Under special circumstances, the heirs in the same order may not distribute the inheritance equally. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.