Funeral expenses are not part of the estate, and how they are distributed

Funeral expenses and pensions are not part of the estate. After the funeral expenses cover the cost of the funeral, the remaining part can be used as an inheritance. The pension is used as a pension for dependents, not an inheritance. If it belongs to an individual family member, it shall be issued directly to the family member in accordance with the provisions of the law.

The funeral subsidy is a special subsidy for the funeral of the employee after the death of the employee, and it is not possible to apply for notarization in the name of inheritance.

China's "Inheritance Law" clearly stipulates that inheritance refers to the personal legal property left by a citizen when he dies and can be transferred to others in accordance with the law. The time of a citizen's death is a specific temporal boundary that delineates an estate, which occurs after the death of the citizen, not what the citizen left behind at the time of death, and therefore not an inheritance.

At the same time, 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's unit when the citizen dies, and are not obtained based on the civil acts before the citizen's death.

Whether funeral expenses can be inherited as an inheritance.

1. Funeral expenses, as the name suggests, are the expenses spent on burying the deceased;

2. Generally, it is calculated according to the average salary of employees in the previous year for 6 months;

3. It should be distributed first to those who actually pay for the burial;

4. If there is a balance, it may be distributed together with the death compensation as appropriate, in accordance with the principle of giving priority to the deceased's dependents;

5. There is no unified legal provision for distribution methods, and it is not consistent in various places. In short, it is to implement the principle of fairness and justice.

Funeral expenses are not an inheritance, but according to judicial interpretations, they are distributed with reference to the estate, that is, all heirs participate in the distribution.

Therefore, the funeral expenses mentioned by the landlord should be shared by the wife and you. There is no basis for the spouse to claim that the funeral expenses should be paid to her.

1. Do funeral expenses belong to the inheritance?

1. Funeral expenses are not part of the inheritance. Funeral expenses regulations include:

1) The retirees who retire in the name of the unit or the persons who die during the period of the unit's insurance payment shall be handled by the unit manager, and the persons who retire in the name of the individual or die during the payment period shall be handled by the legal heirs of the deceased;

2) If you die during the insurance payment period, you will be handled in accordance with the on-the-job death policy at the time of death.

2. Legal basis: Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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.

2. What are the provisions on the statute of limitations for bequests?

1. In the will, it is not necessarily the provisions on the inheritance share of the legal heirs, and there is a large situation where you give your estate to other relatives or friends, which is called a bequest, and the person who accepts the bequest must not be the legal heir;

2. If there is a clause in the will bequeathing property to others, then the legatee shall indicate whether he accepts the bequest or not, within the time specified in the law, which is prescribed by law for two months;

3. Regardless of whether the legatee chooses to accept the inheritance or not, he must make a clear statement, if he has not made an expression within two months, it means that he has given up the bequest, and if he wants to obtain the inheritance later, the law will not support it.

Funeral expenses are not part of the estate, and the remainder can be used as an inheritance after the funeral expenses have paid for the funeral expenses.

Funeral expenses refer to one-time funeral expenses used for funeral matters when an employee dies on the job or dies after retirement due to work-related disability. It will be paid by the original employer. According to the relevant national regulations on labor insurance, the amount is generally the average salary of all employees of the enterprise for three months.

In the event of the death of a staff member of a state organ, the expenses related to the funeral shall be paid in a lump sum in accordance with the prescribed amount, regardless of the rank of the employee, and the family shall take care of the use of the funeral.

The funeral expenses collection process is as follows:

1. Retired employees of enterprises;

2. Death at home.

Bring the household registration book, the deceased's ID card, two medical insurance certificates and one card, and the three receipts issued by the cremation hall to the deceased's unit for file adjustment. If the deceased's file is not in the original unit, the original employer will apply for a green file adjustment card for you according to the documents you provide, and at the same time, one of the three receipts will be left. You can go to the archives office of the Labor and Employment Bureau in your area with the Green File Transfer Card to retrieve your personal file.

If the child handles the file adjustment, you must first ask the deceased's spouse to write a power of attorney before it can be processed, and the staff of the archives department will ask you to make a copy of the deceased's household ID card and cremation receipt to the archives. After calling up the deceased's file, at this point, you still have two receipts left in your hand. One of them is kept by himself, take the last cremation receipt to the community where the deceased is located, and ask the community director to stamp the round seal of the community on the back of the receipt.

You can take the deceased's cremation certificate, receipt with stamped receipt, personal file, and ID card to the special funeral office of the social insurance company to settle the one-time funeral subsidy.

Civil Code of the People's Republic of China

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited under the law or by its nature shall not be inherited. Article 1154 In any of the following circumstances, the relevant part of the estate shall be handled in accordance with statutory succession:

1) The testamentary heir renounces the inheritance or the legatee renounces the bequest;

2) The testamentary heir loses the right to inherit or the legatee loses the right to be bequeathed;

3) The testamentary heir or legatee dies or is terminated before the testator;

4) the estate involved in the invalid part of the will;

5) The estate that has not been disposed of by will.

We all know that funeral expenses are one-time expenses incurred when employees die or retire due to work-related disabilities, so in real life, some people have questions and want to know whether funeral expenses belong to the inheritance and can be inherited? Next, there is the relevant content on whether funeral expenses belong to the inheritance.

1. Whether the funeral expenses belong to the inheritance.

According to the relevant laws and regulations of our country, funeral expenses do not belong to the legal property left by citizens after their death, that is, they are not inheritances, and heirs are not allowed to inherit them. The personal lawful property left behind after the death of a citizen must be the property obtained by the citizen who had the capacity for civil conduct and civil rights before his death, or other creditor's rights. Funeral expenses are not obtained based on the civil acts engaged in by the citizen before his death, but are issued by the unit based on the fact of the citizen's death, not an inheritance.

2. Who is the first heir to the funeral expenses?

Funeral expenses do not belong to the inheritance and cannot be inherited, but in judicial practice, the distribution method of funeral expenses is based on the method of inheritance, that is, the general funeral expenses are divided equally among the heirs in the same order.

3. What are the regulations for funeral expenses?

The judicial interpretation stipulates that the total amount for six months shall be calculated in accordance with the average monthly wage standard of employees in the previous year at the location of the court where the lawsuit is filed. This standard is the most concise and convenient.

Attached: Provisions on funeral expenses in relevant laws and judicial interpretations.

1. Regulations on Work-related Injury Insurance

Article 37 If an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, the immediate family members of the joint family shall enjoy the benefits provided for in the first paragraph of this article.

If an employee with a disability of the first to fourth grades dies after the period of suspension with pay, his or her immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

2. Regulations on the Handling of Medical Accidents

Article 50, Paragraph 7: Funeral expenses shall be calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

3. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 27: Funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months.

In accordance with the law, the following questions should be clarified:

Are funeral expenses and death benefits part of the estate?

First of all, the concept of inheritance should be clarified, inheritance is the personal legal property left by a natural person when he or she dies, while funeral expenses and pensions are incurred after the death of a natural person, so they do not belong to inheritance.

If the deceased made a will to give funeral expenses and pensions to someone, is the will valid?

The answer is that the will is invalid on the grounds that a natural person can make a will to dispose of personal property in accordance with the law, but the funeral expenses and pensions are not his personal property, so the act of making a will for funeral expenses and pensions is invalid.

Because funeral expenses and pensions do not belong to the estate, in principle, there is no transfer of inheritance or subrogation, and the spouse, parents, and children of the deceased are the co-owners of the funeral expenses and pensions, unless the successors or subrogated heirs have evidence to prove that they have lived with the deceased all year round and have cared for and supported each other for many years.

Funeral expenses and pensions are living allowances issued by the unit to which a natural person belongs to the close relatives or dependents of the deceased in accordance with relevant provisions after the death of the natural person, and are a kind of comfort for the mental anguish of the close relatives of the deceased, and shall be reasonably distributed according to the distance of the relationship between the close relatives of the deceased before his death and the degree of intimacy of his or her common life. According to this definition, funeral expenses and pensions should not belong to the personal property of the deceased, so they cannot be divided as an inheritance, and the co-owners should be determined according to the degree of closeness to the deceased, so that they can be divided later.

Funeral expenses refer to the expenses related to the aftermath of death, which belong to the personal expenses of the deceased and do not belong to the scope of inheritance. When dealing with the deceased's estate, the funeral expenses should be deducted first, and the hail inheritance should be distributed according to the relationship between the family members and the law.

China's Inheritance Law stipulates that the order of distribution of inheritance is: spouse, children, parents, siblings and other relatives, and in the absence of relatives, the inheritance will be included in the state assets. Family members divide the estate according to their own proportions, and funeral expenses are deducted first.

The specific distribution plan needs to be developed according to the specific situation of the family. If the deceased has a will, it can be distributed according to the requirements in the will; If there is no will, the distribution will need to be made according to the provisions of the inheritance law. Source lead.

In short, funeral expenses are expenses that belong to the deceased's personal and do not belong to the category of inheritance, so when dealing with the estate, it is necessary to deduct the funeral expenses first, and distribute the estate in accordance with the law and the specific circumstances of the family. At the same time, in the process of handling the estate, we must fully respect the wishes of the deceased and the legal provisions to ensure that the distribution of the estate is smooth, fair and reasonable.

Funeral expenses are not part of the estate. The second is the relevant expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased. Funeral expenses may be negotiated and distributed by the next of kin of the deceased.

Generally speaking, those who have the ability to take care of themselves will directly allocate the remainder to their spouses. If the spouse is not able to take care of himself, the remainder is assigned to the spouse's guardian. If there is no balance and even, it is distributed to the children according to a certain percentage.

No spouse, no children. It is assigned to the guardian of the deceased during his lifetime. If you don't have a spouse, you don't have children, you don't have a guardian, so you can only donate.

Funeral expenses are expenses that are paid by the estate of the deceased and have a priority right to be paid. When distributing the estate, it is usually the first time to deduct the funeral expenses from the estate, and then proceed to the distribution of the estate, such as other aspects of the estate. If the deceased does not have enough assets left behind to cover the funeral expenses, the family may have to bear the rest.

The specific distribution method is subject to local laws and regulations.

Funeral expenses are not part of the estate. The second is the expenses incurred by the deceased's close relatives when they handle the funeral affairs of the deceased. Funeral expenses may be distributed by the deceased's close relatives and brothers. Generally speaking, those who are able to take care of themselves will directly distribute the remainder to their spouses.

Funeral expenses are not part of the estate, nor can they be distributed according to the estate.

Funeral expenses refer to the one-time expenses used for funeral matters when an employee dies in the line of duty or dies after being disabled and retired from work, which is paid by Liang Min, the former work unit. Funeral expenses are not allowed to be received by a single person. Funeral expenses are paid by the next of kin of the deceased, and in the case of one person, it must be authorized by other legal heirs.

Funeral expenses and pensions are both property acquired after the death of the father and are not part of the inheritance. The Kotsune family can be assigned on a case-by-case basis.