[Direct answer]Yes. According to Article 1145 of the Civil Code of the People's Republic of China (effective from January 1, 2021), after the commencement of inheritance, if there is a testamentary executor, the testamentary executor shall serve as the estate administrator; if there is no testamentary executor, the heirs shall promptly elect an estate administrator; if the heirs fail to elect an estate administrator, all the heirs shall jointly serve as the estate administrator; if there are no heirs or all the heirs waive their right of inheritance, the civil affairs department or the villagers' committee at the deceased's domicile shall serve as the estate administrator. If there are disputes over the appointment of the administrator, the interested parties may request the court to appoint an administrator in accordance with Article 1146. The action direction is to first check whether there is a testamentary executor, and then decide whether to elect or apply for appointment.

I. Problem Background and Typical Scenarios

After the decedent's death, who is responsible for inventorying, safeguarding, settling debts, and overseeing the division of the estate is the key to ensuring the smooth progress of the inheritance. In reality, it is common to find that family members have neither appointed an executor nor elected a manager, and the property, deposits, and debts are scattered in various places, with the heirs shifting blame to each other. Understanding the rules for the appointment of estate managers can help ensure that the inheritance process proceeds in an orderly manner from the outset.

II. Key points of contention

First, the order of appointment: the executor of the will, nomination, joint appointment, and the civil affairs department or village committee in succession. Second, eligibility restrictions: whether the heir himself can serve as a manager. Third, dispute resolution: how to apply for the court to appoint a manager when there are differences over the candidate for the manager. Fourth, duties and responsibilities: what obligations does the manager have, and how to be held accountable for dereliction of duty.

III. Professional analysis by Henglue Law Firm

The management and execution of inheritance are often intertwined. A will inheritance dispute handled by Henglue Law Firm can illustrate this point: The decedent made a self-written will in July 2023, stipulating that a house in Fengtai District, Beijing would be inherited by his spouse, Zhou Min, with the following conditions: after selling the house, Zhou Min would pay 400,000 yuan to her sister, Wang Mou1, and 300,000 yuan each to her brothers, Wang Mou2 and Wang Mou3, totaling 1 million yuan. After the decedent's death, the three siblings sued to immediately auction the house and divide the proceeds. Henglue Law Firm represented Zhou Min in the defense. First, the firm provided evidence that the will was legally valid and complete in form. Then, it proposed a plan for the disposal of the inheritance: transferring ownership first and making payments within five years after selling the house. Essentially, the case revolved around "who is responsible for managing and disposing of the inheritance, and how to fulfill obligations to other rights holders". The court ultimately ruled that the will was legally valid and ordered that the house be inherited by Zhou Min, who would pay 1 million yuan within the specified timeframe. This case highlights that when an heir simultaneously assumes the responsibilities of managing and settling the inheritance, defining clear responsibilities and deadlines is key to avoiding disputes. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. First, confirm whether the will designates an executor. If so, the executor shall directly serve as the administrator; 2. If there is no executor, the heirs shall promptly elect an administrator in writing and specify the scope of authority; 3. If there are disputes over the administrator's selection or duties, apply to the court for appointment in a timely manner to avoid the estate remaining unmanaged for a long time; 4. The administrator shall prepare an inventory of the estate and report to the heirs. If negligence is found, the administrator shall be held accountable promptly. Main Legal Basis: Articles 1145, 1146, 1147, and 1148 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Three sentences on inheritance management: If there is a testamentary executor, he/she shall be given priority; if not, the heirs shall be elected or jointly assume the responsibility; in case of disputes, the heirs may apply to the court for appointment, so as to avoid leaving the inheritance unresolved; the executors shall be obligated to inventory, report and safeguard the inheritance, and shall be held accountable for any negligence. For matters involving inheritance and division of family property, the parties concerned may seek legal assistance through the court.\nInheritance of property and division of family assetsThe service provides a comprehensive solution that integrates the settlement of inheritance debts and other related matters.Creditor's rights and debts, and enforcementFor reference, you can refer to the section on the disposition of heritage propertiesReal estate transactions and construction projectsFor more information on the format of wills and the arrangements for executors, please refer to the relevant columnSpecial servicesFor any questions regarding the management of company equity as an inheritance, please feel free to consult us.Business and contract disputes in enterprisesThe team can be contacted for disputes involving inheritance and marriage issuesDivorce litigation and family disputesTeam.

VI. Frequently Asked Questions

Q1: Would it be unacceptable for an heir to serve as the administrator themselves?

It is generally accepted. The law does not prohibit heirs from serving as estate administrators. In the absence of an executor, the administrator selected by the heirs or all heirs jointly serving as administrators are all legal methods. However, if there are conflicts of interest, other interested parties may apply to the court for a separate appointment.

Q2: What materials are required to appoint an estate administrator?

Generally, the following documents are required: the decedent's death certificate, proof of kinship, the original will (if any), an inventory of the estate, and a written resolution appointing a trustee. If an application is submitted to the court for appointment, it is also necessary to submit a statement of disputes over the candidates and relevant evidence, so that the court can review and make the appointment after that.

Q3: Can the manager receive compensation?

Yes. According to Article 1149 of the Civil Code, the estate administrator may receive remuneration in accordance with the law or as agreed upon. The amount of remuneration may be determined by the heirs and the administrator through consultation, or it may be specified by the court when appointing the administrator. It is usually related to the size of the estate and the workload of the administration.

Q4: How long does it typically take to handle estate management matters?

It depends on the complexity of the inheritance. For cases where the assets are clear and the heirs are cooperative, the inventory, settlement, and division of assets can usually be completed within a few months; however, it may take longer for cases involving property appraisal, company equity, or debt verification. If the process is suspended due to disputes, the timeframe will be extended accordingly.

Q5: What should I do if we can't agree on the choice of the manager?

According to Article 1146 of the Civil Code, interested parties may apply to the court for the appointment of an estate administrator. The court will make the appointment based on various factors, including the opinions of all parties, the administrator's interest in the estate, and the administrator's management capabilities. After the appointment, the administrator shall perform his duties in accordance with the law, and other parties shall cooperate with him.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.