How do first order heirs divide the estate?

Article 9: Men and women are equal in inheritance rights.

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.

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.

Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.

Article 13: 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.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

First of all, the mother has no right to ask for the sale, because she has not yet obtained the ownership of the house, and must first deal with the property rights of the house, the mother and son inherit the house equally, each inherits one-half of the house, as for who the property rights of the house belong to, the parties can negotiate by themselves, either one party which house, the other party gives half of the house money, or the house will be auctioned and the two will share the auction proceeds equally, if they both want the house, they will bid for the house. After the property rights of the house are determined, the house can be disposed of and the house can be sold. The house is still owned by the mother and daughter.

The heirs in the first order shall be equally distributed, and may not be equal in special circumstances, as follows:

1. Those who lack the ability to work with special difficulties in life can be given more points;

2. Those who have fulfilled their main obligation to support the decedent or live with the decedent may receive more points;

3. If the heir does not fulfill the obligation to support, he should be given no or less share. 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.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. Circumstances under which an heir loses the right to inherit include intentional killing of the decedent; killing other heirs for the sake of inheritance; If the circumstances of abandonment of the decedent or abuse of the decedent are serious, and the decedent expresses forgiveness or later lists him as the heir in the will, the heir does not lose the right of inheritance.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China.

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.

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 dependent relationship.

According to the provisions of the Civil Code, the first order of heirs of the estate: spouse, legitimate child, illegitimate child, adopted child and dependent stepchild, biological parent, adoptive parent and dependent stepparent. When the heirs of the same order row beams inherit the share of the estate, they generally need to distribute it equally.

When distributing the estate, it is necessary to be lenient and take appropriate care of the heirs who have special difficulties and lack the ability to work.

1. According to the Inheritance Law of China, the inheritance begins after the death of the decedent. If the decedent has a will, he shall inherit according to the will, and if the decedent does not have a will, he shall inherit according to the law. The first order of legal succession is the spouse, children, and parents, and the second order is siblings, grandparents, and maternal grandparents.

After the beginning of the legal succession, the heirs in the first order will inherit, and the heirs in the second order will not inherit. If there is no first-order heir, the second-order heir shall inherit. The share of inheritance inherited by heirs in the same order shall generally be equal.

2. Heirs who lack the ability to work and 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. Where the heirs agree through consultation, it may also be unequal. The heirs can also renounce their inheritance rights. Making a will in advance is also to avoid relatives fighting for the inheritance after death, and basically the parties have to inherit the estate in accordance with the inheritance order prescribed by law when they do not make a will.

There is no need to consider too many other external factors when making a will, and the inheritance is not distributed to anyone to please anyone, as long as you are careful not to dispose of other people's property at will.