If one of the spouses dies, how will the estate be distributed?

The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance. Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Those who have a will inherit according to the will, and those who do not have a will inherit according to the provisions of the inheritance law, and the spouse and parents are the heirs in the first order, and neither party can inherit all the property. The share of inheritance inherited by heirs in the same order shall generally be equal.

In the event of the death of one of the spouses, half of the joint property of the spouse shall be the property of the deceased spouse, and of this part of the property, it shall be divided into three parts, one for the spouse, one for the father and one for the mother.

Article 10 of the Inheritance Law shall be inherited in the following order:

First 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 do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

The other spouse is the first heir.

Secondly, the second heirs are the children and the other party's parents, brothers and sisters.

How is the estate of one party deceased?

If one of the spouses dies, how will the estate be distributed?The order of inheritance, the order of inheritance, refers to the order in which the heirs inherit the estate after the death of the decedent. The Civil Code provides that "inheritance shall be carried out in the following order:

First order: spouse, children, parents. Second order:

Siblings, grandparents, maternal grandparents. After the succession begins, the first-in-order heir inherits the roll-up, and the second-in-order heir cannot inherit. If there is no first-order heir, the second-order heir shall inherit.

The Civil Code also stipulates that "if a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, and a widowed son-in-law has fulfilled the main obligation of support, she shall be the heir in the first order." "In inheritance, if the decedent has made a will to designate his personal property to be inherited by one or more of the legal heirs, or has expressly donated his personal property to a person other than the Guoling Chong family, the collective or the legal heirs, the will shall be executed in accordance with the will. In addition, according to the provisions of the Civil Code, in the inheritance of a will in any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

1) The testamentary heir renounces the inheritance or the legatee renounces the bequest; (2) The testamentary heir loses the right to inherit; (3) The heirs or legatees of the testament die 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. The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, as well as mutual understanding, mutual accommodation, solidarity and harmony should be adhered to.

Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus. In addition, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of the estate. The heirs have no obligation to repay the part that exceeds the actual value of the estate, except for voluntary repayment.

It should be noted that statutory inheritance (without a will) Statutory inheritance refers to an inheritance system in which the scope of heirs, the order of inheritance and the principle of inheritance distribution are directly stipulated by law. Statutory succession is a mandatory norm that cannot be changed by anyone except in the form of a will during the decedent's lifetime. The above is the relevant content compiled by the lawyer, do you understand?

In the event of the death of one of the husband and wife, all the marital property cannot be used as the inheritance, but the joint property of the husband and wife shall be determined from the family property of the sock changcha, and half of the property shall be owned by the surviving spouse, and the other half shall be jointly owned by the spouse, plus the personal property of the deceased party, which shall be the inheritance of the deceased party.

The Civil Code stipulates that: "Unless otherwise agreed, if the property jointly owned by the husband and wife acquired during the marriage relationship is divided quickly, half of the jointly owned property shall be divided into the spouse's property first, and the rest shall be the inheritance of the decedent."

If there is no will to inherit in accordance with the legal order, it is best if there is a will, and the property jointly owned by the husband and wife, unless there is an agreement, when the estate is divided, half of the property owned by the joint hand shall be divided into the spouse's possession, and the rest shall be the inheritance of the decedent.

In the event of the death of one of the husband and wife, all the marital property shall not be used as the inheritance, but the joint property of the husband and wife shall be determined from the family property, from which half shall be owned by the surviving spouse, and the other half of the joint property of the husband and wife, plus the personal property of the deceased party, shall be the estate of the deceased party.

The Civil Code stipulates that: "Unless otherwise agreed, if the property jointly owned by the husband and wife acquired during the marriage relationship is divided, half of the jointly owned property shall be divided into the spouse's branch, and the rest shall be the inheritance of the decedent." ”

In the event of the death of one of the husband and wife, half of the jointly owned property shall be divided into the spouse's possession, and the rest shall be inherited as an inheritance, unless otherwise agreed by the Niansheng; If there is a will, it shall be handled in accordance with the will, and if there is no will, it shall be handled in accordance with the statutory inheritance.

In statutory succession, the estate is 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. If there is no first-order heir, the second-order heir shall inherit.

Legal basis] Article 1153 of the Civil Code, unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the property owned by the spouse, and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

The distribution of the estate of one of the spouses in the event of death is as follows: according to the will or bequest and maintenance agreement left by the deceased; If the deceased party leaves neither a Will nor a bequest maintenance agreement, the estate is distributed in the following legal order of succession:

1. First order: spouse, children, parents;

2. Second order: siblings, grandparents, maternal grandparents. It should be noted that if there is a joint property of the husband and wife, the part belonging to the surviving spouse needs to be separated first, and the remaining part can be distributed as an inheritance.

According to the relevant laws and regulations, it can be seen that all personal property left by the decedent at the time of death and other property rights and interests that can be inherited under the law are falsely stipulated in this law, including positive inheritance and negative inheritance.

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.