How should the inheritance be inherited? How to inherit the inheritance

1. Inheritance refers to the transfer of property to others due to death during the lifetime of the deceased as the deceased; The property left behind by the decedent at the time of death is the inheritance; The person who inherits the estate of the decedent in accordance with the provisions of the law or the lawful will of the decedent is the heir; The right of inheritance enjoyed by the heir in accordance with the direct provisions of the law or the legal will made by the decedent is the right of inheritance.

2. There are four ways of inheritance:

1) Testamentary succession, that is, the decedent makes a will before his death, designating heirs to inherit his estate. (

2) Bequest means that the deceased makes a will before his death, and gives the estate to the state, the collective, or a person other than the legal heir.

3) A bequest and maintenance agreement means that the decedent and the dependents enter into an agreement that the decedent shall bear the obligation of the decedent's life and burial, and all or part of the decedent's property will be transferred to the dependents after his death. This method mainly occurs when the elderly have no one to support them.

4) Legal succession, i.e., in the absence of the above three circumstances, the order determined by law according to the proximity of kinship. If there are more than two types of inheritance at the same time, among the four types of inheritance, the bequest and maintenance agreement has the highest effect, followed by the bequest, and the legal succession with the lowest effect.

3. Loss of inheritance rights refers to the circumstances in which the heirs are willing to cancel the inheritance qualifications of the legal heirs in accordance with the will of the decedent, or the heirs are disqualified by the people's court for violating the provisions of the law.

Article 7 of the Inheritance Law stipulates that "the inheritor shall lose the right of inheritance if he commits any of the following acts:

1) Intentionally killing the deceased;

2) Killing other heirs for the sake of inheritance;

3) Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4) Forgery, alteration or destruction of wills, where the circumstances are serious. ”

4. The order of inheritance refers to the order in which the heirs inherit the estate after the death of the decedent. Article 10 of the Inheritance Act provides that "estates shall be inherited in the following order:

Spouse, children, parents. Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs cannot inherit. If there is no first-order heir, the second-order heir shall inherit. Article 12 of the Inheritance Law also stipulates that "a widowed daughter-in-law who has fulfilled the main obligation of support to her father-in-law and mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, shall be regarded as the heir in the first order."

The inheritance is to be inherited in the following manner:

1. If the decedent has made a will, it shall be handled in accordance with the testamentary succession, and the person named in the will shall inherit the corresponding inheritance;

2. If the decedent does not make a will, it shall be handled in accordance with the statutory inheritance, and the first heir shall inherit the inheritance, and if there is no first heir, the second heir shall inherit the inheritance, and if there are many people in the same line, after inheritance, the inheritance shall be divided together, and if the negotiation fails, the people's court shall make a judgment.

Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the 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 shall be repented and inherited 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 relationship of support.

The inheritance is inherited by following these steps:

1. Apply to the notary public where the estate is located for inheritance procedures;

2. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

3. The heirs go to the relevant departments of the estate to go through the formalities for the transfer of the estate.

[Legal basis].Article 214 of the Civil Code of the People's Republic of China.

The creation, ageing, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of the law and shall take effect when they are recorded in the register of immovable property relics.

Article 216.

The immovable property register is the basis for the ownership and content of property rights.

The immovable property register is managed by the registration authority.

1. After the estate enters the statutory inheritance procedure, it will be inherited in the following order: the first order of succession: parents, spouses, children (including legitimate children, illegitimate children, adopted children and stepchildren with a dependency relationship) second order heirs:

After the inheritance of grandparents, maternal grandparents, siblings begins, it shall be inherited by the heir in the first order, the heir in the second order shall not inherit, and if there is no heir in the first order, it shall be inherited by the heir in the second order. 2. The principle of legal procedure division of the estate: the heir who has fulfilled the main obligation of support to the deceased can appropriately divide the inheritance.

Heirs who do not fulfill their obligation to support due to their support conditions and ability to support may receive less or no share. A widowed daughter-in-law or son-in-law who has fulfilled the main obligation to support her in-laws or parents-in-law has the right to participate in the division of the estate as the legal first-order heir. Where the heir dies before the decedent, the heir's descendants are to inherit by subrogation, and subrogation can generally only inherit the share that the father or mother should inherit.

If a person other than the heir has fulfilled the main obligation to support the decedent, the inheritance may be appropriately distributed. Since there is no specific explanation of whether a vegetative person has the right to inherit in the General Provisions of China's Civil Law, the question of whether a vegetative person has the right to inherit in the General Provisions of the Civil Law has troubled many people. In fact, although a vegetative person is often identified as a person with no capacity for civil conduct, a vegetative person still has civil rights and can still inherit the estate, but the vegetative person cannot exercise civil rights in person, and his guardian or **person exercises them on his behalf.

Legal Analysis: An estate is a personal legal 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.

Basis of law: Civil Code of the People's Republic of China

Article 1122 An inheritance is the lawful property of an individual who is left behind when a natural person dies.

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 succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The inheritance is inherited by following these steps:

1. Apply to the notary public where the estate is located for inheritance procedures;

2. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

3. The heirs go to the relevant departments of the estate to go through the formalities for the transfer of the estate.

[Legal basis].Article 214 of the Civil Code of the People's Republic of China.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

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

The immovable property register is the basis for the ownership of the right to the property and the content of the limbs.

The immovable property register is managed by the registration authority.

The inheritance is inherited by following these steps:

1. Apply to the notary public where the estate is located for inheritance procedures;

2. Go to the police station where the decedent's household registration is located to cancel the household registration and apply for a death certificate;

3. The heirs go to the relevant departments of the estate to go through the formalities for the transfer of the estate.

[Legal basis].Article 214 of the Civil Code of the People's Republic of China: Where the creation, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 216 of the Civil Code of the People's Republic of China: The immovable property register is the basis for the ownership and content of property rights. The immovable property register is managed by the registration authority.

Inheritance refers to the acceptance of the deceased's property, position, title, status, etc., in accordance with the law or in accordance with a will. 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.

Legal basis] Article 1121 of the Civil Code of the People's Republic of China.

Inheritance begins when the decedent dies.

Where several persons who have an inheritance relationship with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs, and the generations are different, it is presumed that the elder died first; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.

Article 1123.

After the inheritance begins to be carried out, 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; If there is a bequest and maintenance agreement, the defense shall be handled in accordance with the agreement.

Article 1124.

After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance.

The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

According to the law, the inheritance and distribution methods are: if there is a bequest and maintenance agreement, the house belongs to the legatee; If there is no agreement, there is a will to inherit according to the will.

Legal analysisThe method of inheritance is: inheritance according to the will. When inheriting property, if there is a will, the testamentary inheritance will be given priority, and if there is no will, the heirs should inherit in accordance with the legal order of the elders.

All first-order heirs need to bring ID cards, household registration books, certificates of kinship between the heirs and the decedent, death certificates of the decedent, real estate certificates and other relevant documents for the inheritance of house property rights. If there is no first-order heir, the second-order heir shall inherit. Heirs include legitimate children, children born out of wedlock, adopted children, and dependent stepchildren.

If there is a spouse, the real estate shall be regarded as the joint property of the husband and wife, and the spouse may enjoy half of the property in accordance with the law. The rest of the inheritance methods shall be inherited by heirs in the order of inheritance prescribed by law.

[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.