[Direct answer]In the Beijing area, the people's courts of the place where the decedent resided at the time of his or her death or the place where the main inheritance is located have jurisdiction. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, lawsuits initiated for inheritance disputes belong to exclusive jurisdiction. Both types of courts have jurisdiction, and the parties may choose one of them, but they cannot agree to have other courts exercise jurisdiction by means of an agreement. The so-called place of residence generally refers to the place where the decedent's household registration was located or his or her habitual residence at the time of his or her death; the place where the main inheritance is located is usually determined by the place where the most valuable inheritance (such as the main property) is located, and the place where the real estate is located shall prevail if it involves real estate.

1. Problem background and typical scenarios

The deceased lived in Beijing for many years and still owned property in his hometown. Several heirs are scattered across different cities, and the inheritance includes not only real estate in Beijing but also deposits and equity in other regions. Where should the lawsuit be filed? Choosing the wrong court may result in the case being transferred or dismissed, wasting time unnecessarily. The jurisdiction of inheritance cases is not determined by whichever court is most convenient, but rather by the exclusive jurisdiction rules prescribed by law. First, it is necessary to clarify where the "residence" and the "location of the main inheritance" are located, and then determine the litigation strategy accordingly.

II. Key points of contention

1. How to determine the domicile of the decedent at the time of his/her death? 2. What are the criteria for determining the location of the main inheritance? 3. What are the jurisdictional differences involving real estate and personal property? 4. How to handle exclusive jurisdiction, agreement-based jurisdiction, and cross-regional inheritances?

III. Professional analysis by Henglue Law Firm

The first layer is the determination of the residence location: Generally, the residence location is the household registration address of the decedent at the time of death; if the regular residence location and the residence location are inconsistent, the regular residence location shall be the residence location. The regular residence location usually refers to the place where the person has lived continuously for more than one year, except for temporary stays such as medical treatment and business trips; determining the residence location requires evidence such as household registration materials and residence certificates. The second layer is the determination of the main location of the inheritance: It is determined by the location of the property with the highest value of the inheritance. For example, if the value of the real estate is much higher than that of the deposits, the location of the real estate is usually the main location of the inheritance; if the proportion of real estate in the inheritance is the largest, then the location of the real estate shall prevail. The third layer is the significance of exclusive jurisdiction: Inheritance disputes fall under exclusive jurisdiction. Parties cannot agree on the jurisdiction court like ordinary contract disputes, and clauses stipulating that the jurisdiction court be elsewhere are invalid. Between the two courts with jurisdiction, the plaintiff can choose the side that is more convenient or more conducive to property investigation for litigation. In a will inheritance case handled by Henglue Law Firm, the main inheritance was real estate in downtown Beijing and the decedent's deposits. The case was accepted by the court of the location of the real estate, which was convenient for property investigation and subsequent property transfer execution. The fourth layer is the handling of cross-regional inheritance: If the inheritance is distributed in multiple places, it is usually more efficient to sue in the court of the main location of the inheritance, which can handle all the inheritance at once; for overseas inheritance, it is also necessary to consider issues of foreign jurisdiction and applicable law. In the judicial practice of Beijing courts, the jurisdiction of inheritance cases is strictly reviewed according to the rules of exclusive jurisdiction. When suing, the plaintiff should submit the death certificate of the decedent, the proof of kinship, and the ownership materials of the main property to avoid being transferred due to improper jurisdiction. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to verify the household registration or habitual residence of the decedent at the time of death to determine the domicile. The second step is to sort out the inventory and value of the estate to determine the location of the main assets. The third step is to file a lawsuit in the more convenient jurisdiction among the two types of courts with jurisdiction and claim the division of all the estate at the same time. The fourth step is to prepare the death certificate, the proof of kinship, and the materials of property ownership to ensure the smooth filing of the case. The main legal basis: The provisions on exclusive jurisdiction and territorial jurisdiction of the Civil Procedure Law of the People's Republic of China, and the relevant articles of the Inheritance Chapter of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three rules regarding jurisdiction in inheritance cases: exclusive jurisdiction, where the court of the decedent's domicile or the location of the main inheritance can be chosen; agreements stipulating that other courts have no jurisdiction are invalid; and selecting the court of the main inheritance's location is more convenient for investigation and enforcement. For cases involving jurisdiction and prosecution in inheritance matters, the parties concerned can resolve the disputes through legal means.\nInheritance of property and division of family assetsFor services that require an overall solution and involve real estate transactions, they can be combined with other services.Real estate transactions and construction projectsFor the plates, if they involve execution, you can refer to the following for reference.Creditor's rights and debts, and enforcementFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can the court of jurisdiction for inheritance cases be agreed upon by the parties involved?

No. Inheritance disputes are subject to exclusive jurisdiction and can only be handled by the court located at the deceased's residence or the main location of the estate at the time of his/her death. Any provisions in the agreement stipulating that the case should be handled by other courts are invalid.

Q2: If the heir's household registration is in their hometown, can they file a lawsuit in Beijing?

Yes. If the person's habitual residence is in Beijing or if there are major assets in Beijing, the Beijing court has jurisdiction. It is necessary to submit proof of residence or materials proving ownership of the property to establish the basis for jurisdiction.

Q3: How is the main heritage site determined?

It is usually determined by the location of the property with the highest value, and for real estate, the location of the real estate shall prevail; for properties with a higher value, the location of the property shall generally be the main location of the inheritance.

Q4: If the inheritance is scattered across multiple locations, how can it be more convenient to file a lawsuit?

Generally, the court where the main estate is located is chosen, so that all the estate can be handled at the same time; if the value of the property in the two places is similar, the choice can be based on the convenience of property investigation and enforcement to avoid multiple lawsuits.

Q5: What will happen if I choose the wrong court?

The court will review the jurisdiction on its own initiative. If it finds that the case does not fall within the jurisdiction of the court, it will rule to transfer the case to the court with jurisdiction, which will delay the process. It is recommended to verify the jurisdiction before filing a lawsuit to reduce procedural repetition.

The above questions and answers are mainly based on judicial practice in Beijing. There may be differences in the adjudication guidelines 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, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current 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. If you encounter disputes, please consult a practicing lawyer in time.