The estate of the parents who died does not necessarily belong to the only child, how can the only c

As to whether an only child can inherit the inheritance after the death of his parents, China's laws and regulations have corresponding legal provisions to describe it accordingly.

First of all, let's talk about the corresponding laws and regulations in China. According to Article 5 of the Inheritance Law of the People's Republic of China: "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. The priority of testamentary succession allows the will and desire of the decedent to dispose of his or her estate after his death to be reasonably expressed. Statutory succession, on the other hand, protects the private property of ordinary people to a certain extent in the form of law.

It is stipulated in the law that if there is a will, it will be inherited according to the requirements of the will, so if an only child wants to inherit the estate after the death of his parents, he can let his parents make a will when he is sober-minded, and notarize it in the relevant institutions in accordance with the relevant procedures, so that the will is recognized by law.

In addition to making a will, as a child, you can also sign a bequest and maintenance agreement with your parents, and at the same time, the agreement should also be notarized by the relevant departments of the state in accordance with the procedures prescribed by the state, so that the agreement is valid and recognized by law.

In addition, the inheritance of the estate is stipulated in the law on the scope of the heirs and the order of succession. Therefore, when there is no will or no bequest and maintenance agreement is signed, it is necessary to inherit in accordance with the scope and order stipulated by national laws and regulations, spouse, children, parents, widowed daughters-in-law, widowed sons-in-law, subrogated heirs and fetuses are the first order heirs, and siblings and grandparents are the second heirs under the laws of our country and also have the right of inheritance. This legal provision also states that an only child may inherit the estate of his or her parents after death.

When the parents are alive, as the only daughter or son of the parents, we must be filial to our parents, care more about our parents in the little things in life, and children who are busy working outside should also give their parents more **, and at the same time, we should also take our parents to the hospital for physical examination on a regular basis.

The new Civil Code stipulates that every family member has the right to inherit the estate without a will. Therefore, parents should make a will at some point before their death, specifying the heirs and the order of succession. It also ended everyone's struggle for inheritance. Save your child trouble.

Inheritance Law of the People's Republic of China

Article 10: [Scope of Heirs and Order of Succession] The inheritance of the estate shall be 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.

According to the above provisions, the legal heirs are not only the only child.

If there are no other legal heirs, then the only child needs to prove that the other legal heirs are either deceased or do not exist (for example, the only child has no siblings), and can go to the household registration department to issue a certificate or go to the community where he lives to issue a certificate.

First of all, before the death of the parents, a will must be made to the designated only child, then the only child can be inherited, otherwise it will be divided equally by the first successor.

If there is no special testamentary statement after the death of the parents, then as an only child, you can directly inherit the inheritance of your parents, but if the parents have special instructions, such as leaving a will to explain the ownership of the estate, then the only child must also come according to the will.

It is necessary that the parents do not have a special will to leave the property to someone else.

The estate is inherited in the following order: first order: spouse, children, parents.

Second order: siblings, grandfather Yan Zemu, 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. Article 1127 of the Civil Code The inheritance of 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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" as used in this Part includes legitimate children, illegitimate children, adopted sons and daughters, and stepchildren who have a relationship of support. 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.

Is it true that an only child inherits the entire estate of his parents? How the inheritance law is determined.