New rules for inheriting parents real estate, new rules for inheriting parents real estate

The Civil Code adds relevant provisions on the estate administrator system. According to Article 1145 of the Civil Code, the future inheritance of the estate requires the participation of the estate administrator. For real estate inheritance, the executor can be determined in the will when the owner is alive, and after the inheritance begins, the executor automatically becomes the estate administrator; The homeowner has not determined the executor, and the heirs of the future homeowner also need to elect or jointly serve as the administrator of the estate when inheriting the property.

The forms and effects of wills recognized by the Civil Code are more flexible and diverse, confirming the legality of printed wills and video wills, and canceling the special status of notarized wills, which shall be subject to the latest wills in time.

There are "new rules" for inheriting parents' real estate, and from 2021, all of them will have to do so.

What are the new provisions on property inheritance in the Civil Code implemented on January 1, 2021? 1. Men and women are equal in the right to inherit houses. 2. A "forgiveness" system has been added to the inheritance of real estate.

3. The scope of subrogation has been expanded. According to the latest provisions in the Civil Code, nephews and nieces and nephews can also be subrogated.

The new rules for inheriting parents' real estate are as follows:

1. The judgment of succession must commence after the death of the decedent;

2. The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testamentary heir;

3. The inheritance obtained by the heir in accordance with the law must be the legal property owned by the deceased during his lifetime or other legal property rights and interests that can be inherited in accordance with the law. If the decedent does not die, the inheritance relationship will not occur, and only after the death of the decedent will the inheritance right become a vested right of silver. To realize the right of testamentary succession, there must be a legal will made by the decedent and the decedent has died, otherwise the testamentary succession relationship will not occur.

Civil Code of the People's Republic of China

Article 1125.

If the heir commits any of the following acts, he or she shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) killing other heirs for the purpose of competing for an inheritance;

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

4) Falsifying, tampering with, concealing, or destroying a will, where the circumstances are serious;

5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, and the circumstances are serious.

Where the heirs have the conduct in items (3) through (5) of the preceding paragraph, and truly show repentance, and the decedent expresses forgiveness or later lists them as heirs in the will, the heirs do not lose their inheritance rights.

Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.

Legal Analysis: Inheritance must begin after the death of the decedent. The right of inheritance stipulated by law is only a right of expectation enjoyed by the heir, if the heir does not die, the inheritance relationship will not occur, and only after the death of the decedent, the inheritance right will become a vested right.

The realization of the right of testamentary succession must have a legal will before the decedent and the decedent has died, otherwise the will and inheritance relationship will not occur. The person who inherits the estate must be the legal heir of the deceased, that is, the legal heir or testamentary heir. The legal heirs determined by law are:

Spouse, children, parents, siblings, grandparents, maternal grandparents.

Legal basis: Civil Code of the People's Republic of China

Article 1127 Inheritance 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 "brothers and sisters" as used in this part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Article 1121 Succession begins upon the death of the decedent. Where several persons who have a relationship of inheritance 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.

The new rules for inheriting parents' property in 2022 are as follows:

1. Inheritance of real estate through statutory means: If the parents did not make a will during their lifetime, and there was no bequest and bequest maintenance agreement, they would often inherit the parents' estate in accordance with the statutory method, and after the inheritance began, it would be handled in accordance with the statutory inheritance;

2. Inheritance of real estate by will: If the parents made a will before their death, they should be inherited or bequeathed according to the will;

3. Inheritance of real estate through a bequest and maintenance agreement: If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. The division of the estate shall be conducive to the needs of production and life, and shall not impair the utility of the estate. Estates that are not suitable for division may be disposed of by means such as discounting, appropriate compensation, or joint ownership;

4. The testator has made several wills with different contents in different forms, and if there is a notarized will, the last notarized will shall prevail. If there is no notarized will, the last will shall prevail;

5. There are six processes for inheritance procedures:

1) All legal heirs should go to the notary office in person and submit the original ID card and household registration booklet;

2) In case of renunciation of inheritance, the heir shall go to the notary office in person to apply for the "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" or submit the "Notarial Certificate of Declaration of Renunciation of Inheritance Rights" at the notary office of the place of residence

3) The original copy of the "Death Household Registration Cancellation Form" issued by the public security police station where the decedent (your father) is registered;