[Direct answer]Transferee succession applies. If an heir dies after the succession begins but before the inheritance is divided, the share that he/she should inherit shall be transferred to his/her own heirs, which is known as transferee succession. In contrast, if an heir dies before the decedent or is presumed to have died before the decedent at the same time, his/her direct descendants shall succeed him/her by subrogation. The key difference between the two lies in the time of death: if the heir dies before the decedent, it is subrogation succession; if the heir dies after the decedent and before the inheritance is divided, it is transferee succession. When transferee succession occurs, the share in question becomes part of the deceased heir's estate and is dealt with according to his/her will or statutory succession rules. This may involve a longer chain of relatives, and the calculation of the share must be clarified layer by layer.

I. Problem Background and Typical Scenarios

After the elderly person passes away, the inheritance has not been divided yet. If one of the heirs dies from illness or an accident, family members often assume that the inheritance share will naturally disappear or go directly to other siblings. However, this is not the case: the inheritance share of this heir will become his own inheritance, which will be inherited by his spouse, children, and parents. Thus, one inheritance case may evolve into two or even more cases, involving a large number of people and increasing the complexity of the calculation. If this is not clarified in time, it is easy to cause disputes during the division of the inheritance.

II. Key points of contention

First, the distinction between transfer of succession and subrogated succession, with the moment of death serving as the dividing line; second, the determination of shares, which should first calculate the shares to be inherited in the first stage of succession, and then treat them as the estate in the second stage; third, how the heirs and succession order are arranged under multi-stage succession; fourth, whether the deceased had a will before death and whether the direction of the shares was changed; fifth, how to provide evidence of the kinship relationships and the time of death in each stage of succession.

III. Professional analysis by Henglue Lawyers

In a statutory inheritance dispute handled by Henglue Law Firm, the decedent, Zhao Shan, and his wife, Wang Fen, had two children, Zhao Xiaolei and Zhao Yingping. Zhao Shan died in 2020 and had been living with Zhao Yingping before his death. Zhao Xiaolei's daughter, Yu Jianan, as a subrogated heir, entrusted Attorney Qiu Juan of Beijing Henglue Law Firm to sue for the division of a house in Jilin City. Zhao Yingping had previously signed an inheritance division agreement with Yu Jianan, but the agreement was declared invalid by a valid judgment. The court ultimately determined that Yu Jianan and Zhao Yingping were Zhao Shan's first-order heirs and awarded 60% of the estate to Zhao Yingping and 40% to Yu Jianan as appropriate.

This case clearly demonstrates the adjudicative logic of subrogated succession and discretionary multiple shares: where an heir dies before the decedent, his or her direct descendants shall succeed him or her by subrogation, which is precisely the reason why Yu Jianan obtained the status of a litigant. At the same time, the court gave due consideration to the fact that Zhao Yingping lived with and cared for the decedent more, and appropriately favored her in terms of share allocation. The focus of the attorney's work was to clarify the order of succession, explain the basis for subrogated succession, and organize evidence around the facts of support and cohabitation. Compared with this case, if the heir dies after the succession begins, trans-succession will apply, and his or her share will be converted into his or her own estate. The calculation chain will be longer and involve more people, so it is necessary to clarify the relationship diagram and timeline before suing. This case was handled by Beijing Henglu Law Firm.Qiu JuanAttorney (Practice Certificate No.: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

First, determine the start and end points of inheritance for each section, and distinguish between subrogated inheritance and transfer inheritance. Second, draw a complete family tree diagram, listing the heirs and their order of succession for each section. Third, verify whether the deceased left a will to avoid the share going against their original intention. Fourth, preserve evidence of the death certificate, family relationships, and support for claims of share bias or additional shares. Main legal basis: Articles 1121, 1128, and 1132 of the Civil Code of the People's Republic of China, as well as the provisions of the judicial interpretations related to inheritance; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Before the division, there are three key points regarding death: the dividing line between those who die first and those who die later; those who die before the decedent are entitled to subrogation, while those who die after the decedent are subject to transfer of succession; the share of the transfer of succession becomes part of the decedent's own estate, which may extend the chain of relatives; and it's necessary to clarify the relationship diagram and timeline before discussing the share. For matters involving inheritance and family property division, you can consult a professional lawyer for advice.Inheritance of property and division of family assetsYou will receive a comprehensive solution for your service, which can be combined with the division of property if necessary.Real estate transactions and construction projectsFor reference, the clauses regarding the performance of the division agreement can be referred toCreditor's rights and debts, and enforcement casesFor the column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What is the difference between transfer succession and subrogated succession?

The difference lies in the time of death. If the heir dies before the decedent, or if his death time is presumed to be earlier, his direct descendant blood relatives shall succeed him by subrogation; if the heir dies after the commencement of the inheritance and before the division of the estate, the trans-succession shall apply, and his share of the inheritance shall be transferred to his own estate and inherited by his heirs.

Q2: What evidence is needed for transfer of succession?

Two pieces of evidence of inheritance are required: the death certificate of the decedent and the deceased inheritor; proof of their respective kinship, such as household registration booklets, marriage registration certificates, and birth certificates; and ownership certificates of the estate. The more complete the evidence is, the clearer the calculation of the inheritance share will be, and the less likely it will be challenged in court hearings.

Q3: What is the approximate lawyer's fee for this type of case?

The fees are subject to market regulation and are usually negotiated based on the subject of the dispute and the workload. Transferee succession involves multiple relationships and a large number of people, with a higher workload than ordinary succession cases, so the fees may increase accordingly. It is recommended to require a breakdown of service fees and paid-on behalf fees and clear fee calculation points before signing the contract.

Q4: How long does it take to litigate a case involving the division of inheritance?

The first-instance trial using the summary procedure is usually concluded within three months, the ordinary procedure generally takes six months, and the second-instance trial generally takes three months. Cases involving property appraisal, appraisal, or public notice service will be extended. If the heirs can reach a consensus, they can fix the solution faster through mediation or judicial confirmation.

Q5: What should I do if the division agreement is deemed invalid?

The invalidity of the agreement does not affect the process of statutory inheritance. The parties may renegotiate or file a lawsuit to request a legal division. It is recommended to first identify the reasons for the invalidity of the agreement, then gather evidence related to the order of inheritance, the share of inheritance, and the facts of support, and if necessary, provide evidence to support claims for a larger or smaller share of inheritance.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.