How do you inherit an estate after death? How to inherit the inheritance after death

Article 5 of the Inheritance Law of the People's Republic of China stipulates that 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.

Article 10 The inheritance shall be carried out 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.

If a person dies and there is a will, the estate shall be inherited by the heirs specified in the will; If there is no will, according to the statutory inheritance, the heirs are the spouse, children and parents in the first order; Siblings, grandparents, maternal grandparents in the second order.

[Legal basis].

Article 1123 of the Civil Code of the People's Republic of China.

After the inheritance begins, the inheritance shall be handled in accordance with the law; 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 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 will be inherited by the heirs of the first order of sale, and the heirs of the second order will 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, illegitimate children, adopted children, and stepchildren who are dependent on Guan Biqin.

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.

The decedent cannot inherit the estate if he or she is not dead. The time of inheritance begins when the decedent dies. 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 the brothers and grandchildren of the generations envy each other and have the same chain, it is presumed that they will die at the same time, and there will be no inheritance between them.

Article 1121 of the Civil Code of the People's Republic of China Inheritance begins when the decedent dies. 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.

Article 1122 of the Civil Code of the People's Republic of China An inheritance is the lawful property of an individual left behind by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

In inheritance, we need to deal with it in accordance with the relevant laws, and inheritance is the inheritance of the property of the deceased by the living person. After the death of the person can not inherit the inheritance directly, it will generally be inherited through subrogation Rub Zen, and the inheritance will be replaced by the direct blood relatives of the younger generation. Article 1128 of the Civil Code provides that if the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Article 1128 of the Civil Code, "The relevant answers to the questions have been given, and readers are invited to refer to them according to the situation." ”

Article 1128 of the Civil Code stipulates that "if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation." A subrogated heir can generally only inherit his father's or mother's share of the estate. "There is only one reason for subrogation, that is, the children of the decedent die before the decedent, and the children of the heirs inherit the inheritance rights of the decedent instead of the heirs to participate in inheritance activities, which is called subrogation.

This is a legal form of inheritance.

According to the relevant laws and regulations, the children, grandchildren, great-grandchildren, and great-grandchildren of the decedent can be subrogated, and the subrogated heirs are not subject to the number of generations; The adopted children of the decedent and the stepchildren of the stepchildren who have formed a dependency relationship may inherit by subrogation; The adopted children of the decedent's biological children may be subrogated; The adopted child of the adopted child of the decedent may inherit by subrogation; The adopted child of the stepchild who has formed a dependency relationship with the inherited may also inherit by subrogation.

A subrogated heir can generally only inherit his father's or mother's share of the estate. If the subrogated heir lacks the ability to work and has no livelihood, or has fulfilled the main maintenance obligation to the decedent, the inheritance can be divided more. However, if the heir has lost the right to inherit, his or her descendants shall not be subrogated by blood.

If the subrogated heir lacks labor and does not have a livelihood**, or has a large obligation to support the decedent, the inheritance can be appropriately distributed.

1. What is the scope of application of subrogation?

1. The subrogated person must die before the decedent.

2. The subrogated person who dies first must be the children of the decedent, and other heirs such as the decedent's spouse, parents, siblings, grandparents, maternal grandparents, etc., who die before the decedent, do not undergo subrogation.

3. The subrogated heir must be the direct blood relative of the younger generation of the subrogated person.

4. The subrogated person must enjoy the right of inheritance before his death.

5. Subrogation is only applicable to statutory succession, not to testamentary succession.

6. Regardless of the number of subrogated heirs, in principle, they can only inherit the share that the subrogated heirs are entitled to inherit.

2. What are the circumstances under which subrogation does not apply?

1. Subrogation is not applicable to collateral relatives and in-laws. Subrogation is not applicable to collateral relatives, which means that one or more of the siblings of the successor died before him, and if the decedent still has siblings after his death, the children of the deceased siblings shall not inherit jointly with the siblings living of the decedent through subrogation. Non-subrogation of in-laws means that the spouse of the deceased heir cannot replace the inheritance of the deceased spouse's parents in the event that the heir dies before the decedent and the decedent leaves children.

2. Subrogation is not applicable to testamentary succession. Testamentary succession is an inheritance that is made according to the will of the decedent. The purpose of the decedent's will is to change the scope of the legal heirs or the share of the legal heirs.