When one of the spouses dies, what should be done with the estate

If one of the spouses dies, the estate is disposed of: if the spouse of the decedent is still alive, half of the joint property of the husband and wife shall be divided as the personal property of the surviving spouse. The remaining half of the property and other legal property left by the deceased during his lifetime shall be inherited by the deceased spouse, parents, and children together as the estate of the deceased party.

Of course, if the deceased has made a will to designate the property to others to inherit before his death, the property shall be distributed in accordance with the will.

Legal basis] Article 1127 of the Civil Code.

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 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 "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.

Legal analysis: if one of the spouses dies, his estate will be distributed according to the will or bequest maintenance agreement left by him; If the deceased party left neither a will nor a bequest maintenance agreement, the estate shall be 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.

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

Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

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.

Article 1124:Where the heirs renounce their inheritance after the inheritance has begun, they 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.

If one of the husband and wife dies and there is a will on the estate, it shall be handled in accordance with the testamentary inheritance or bequest; If there is no will, it shall be handled in accordance with the statutory inheritance. The law stipulates that husbands and wives have the right to inherit from each other. When dividing the estate, half of the jointly owned property is divided into the spouse's property, and the rest is the decedent's estate, unless otherwise agreed.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.

[Legal basis].Article 1061 of the Civil Code of the People's Republic of China Husband and wife have the right to inherit each other's inheritance.

Article 153 Unless otherwise agreed, when the property jointly owned by the husband and wife is divided, half of the jointly owned property shall be divided into the spouse's property 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.

Summary. According to the provisions of the Civil Code, if one of the husband and wife dies, the spouse, parents and children of the deceased party are the first heirs, and the general estate is divided equally, but if there is a will, it shall be executed according to the testamentary succession.

When one of the spouses dies, what happens to the estate.

Hello, your question received by our lawyer is happy to serve you.

According to the provisions of the Civil Code, if one of the husband and wife dies, the spouse, parents and children of the deceased party are the first heirs, and the general estate is divided equally, but if there is a will, it shall be executed according to the testamentary succession.

My parents have a house and are taking out a mortgage, my father has passed away, and now the loan is due, and I want to continue the mortgage, how to do it.

The property owner can bring his ID card to the Land Bureau to check the current status of the house; The mortgage can only be handled by the person or a notarized power of attorney from the person.

My father died, and my mother was the only one left with the property owner, so can I take her there?

Yes, it's okay to take the property owner with you.

Hello, do you have any questions?

In the event of the death of one of the spouses, the scope of the estate is first determined. The property jointly owned by the husband and wife should be divided first, and half of the jointly owned property should be divided into the spouse's property first, and the rest should be the inheritance of the decedent, and the entire property jointly owned by the husband and wife should not be designated as an inheritance.

For inheritance, if there is a will, it shall be handled according to the will, and if there is no will, it shall be handled according to the statutory inheritance.

Statutory inheritance is generally inherited by spouses, children, and parents, and the share of inheritance shall generally be equal. Where the heirs agree through consultation, it may also be unequal.

Legal basis] Article 1123 of the Civil Code, after the commencement of inheritance, it shall be handled in accordance with 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.

In the event of the death of one of the spouses, the first order of inheritance is divided equally between the parents, the husband and the children.

Half of the marital property of one person, and half of the property of one spouse after the death of one spouse is the inheritance of one party;

According to the law: the first order of heirs is the parents, children, and spouses of the inheritance;