[Direct answer]Yes. According to Article 113 of the Civil Code of the People's Republic of China, a natural person may establish a testamentary trust in accordance with the law; Article 145 stipulates that after the commencement of inheritance, the executor of the will shall be the administrator of the estate; where there is no executor of the will, the heirs shall promptly elect an administrator of the estate, and if no election is made, all heirs shall jointly serve as the administrator of the estate. Article 147 clearly stipulates that the duties of the administrator of the estate include clearing the estate and preparing an inventory of the estate, reporting the situation of the estate to the heirs, taking necessary measures to prevent the estate from being damaged or lost, handling the creditor's rights and debts of the decedent, dividing the estate in accordance with the will or in accordance with the law, and carrying out other necessary acts related to the management of the estate. Lawyers can serve as executors of the will or assist the administrator of the estate in completing the above work, and represent them in relevant litigation. Inheritance cases in Beijing often involve real estate and deposits, and the connection of procedures and the preparation of materials are particularly crucial. The determination of the administrator often directly affects the subsequent progress.

1. Problem background and typical scenarios

The completion of a will does not automatically mean its effective implementation. Common situations include: the executor designated in the will is elderly or lacks professional competence; the heirs have disputes over the validity of the will and their shares, resulting in the property being unable to be transferred for a long time; the deceased's debts and property are intertwined, requiring repayment before division; and there are assets such as company shares and financial products in the estate that require professional handling. In these scenarios, involving lawyers in the execution process can significantly improve efficiency, reduce direct confrontations among family members, and avoid repeated corrections due to unfamiliarity with the procedures, making the execution process smoother. You can first learn about it.\nInheritance of property and division of family assetsThe content of the service.

II. Key points of contention

The controversy focuses on four points: Firstly, the identification of executors and estate administrators, how to select them when there are no executors, and how to handle the situation if the selection fails; Secondly, the boundaries of responsibilities. Administrators can clear and manage the estate and handle creditor's rights and debts, but they are not allowed to dispose of property beyond the needs of management without authorization; Thirdly, the relationship between the validity of the will and its execution. If the heirs have objections to the authenticity or form of the will, they need to first confirm its validity before executing it; Fourthly, the order of estate division and debt repayment. Generally, the estate should first be used to repay taxes and debts that should be paid according to law, and the remaining part should be dealt with according to the will or statutory inheritance. In addition, when it comes to the division of jointly-owned real estate and shares, the enforceability of price reduction and transfer of ownership also needs to be considered.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a will inheritance dispute involving the determination of the effectiveness of a notarized will and a self-written will. The decedents were a married couple who purchased a house in Changping District during their marriage, which was classified as their joint marital property. The couple died in 2004 and 2007 respectively. In 2002, they jointly executed a notarized will, stipulating that their respective shares of the property would be inherited by their daughter, with the daughter obligated to pay 100,000 yuan to their son. In 2006, one of the decedents executed a self-written will, stipulating that the house would be left entirely to their son. The son's son sued based on the 2006 self-written will, claiming to inherit according to that document. Our lawyers represented the daughter in the defense, arguing that the legal facts of the case occurred before the implementation of the Civil Code, so the then-effective Inheritance Law of the People's Republic of China should apply. According to Article 20 of that law, a self-written will cannot revoke or modify a notarized will; the 2002 notarized will was legally valid and the 2006 self-written will could not be revoked. Moreover, since one of the decedents had already died, the other party had no right to unilaterally modify his/her share of the property. Additionally, according to Article 21 of the Inheritance Law, if the heir who accepted the obligation to perform the stipulated conditions expressly agreed to fulfill the obligation, he/she would legally acquire the right of inheritance. The daughter explicitly agreed to fulfill the payment obligation in court. The court adopted our lawyers' arguments and dismissed all the plaintiff's claims. This case was handled by Beijing Henglue Law Firm.Zhu GuiyingThe lawyer (practice license number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case indicates that the prerequisite for the execution of a will are clear legal effect, and the judgment of legal effect often involves the application of laws and rules on the validity of time. It requires professional analysis. Although the Civil Code no longer maintains the priority of notarized wills, it still applies the legal provisions in force before its implementation to inheritance facts that occurred before its implementation.

IV. Practical suggestions and legal basis

Action list: First, when making a will, you can directly appoint an executor or specify the selection method of the estate administrator; Second, after the inheritance begins, count the estate as soon as possible and make a written inventory, indicating the ownership and rights burdens; Third, check the taxes and debts in advance to avoid being pursued by creditors after the division; Fourth, evaluate the value of assets such as real estate and equity simultaneously and design a discount or auction plan; Fifth, if there are objections to the validity of the will, confirm it through litigation in time to avoid asset depreciation due to delay. For real estate transfer, you can refer to the relevant provisions.Real estate transactions and construction projectsFor details regarding the disposal of enterprises and equity interests, please refer to the relevant informationBusiness and contract disputes in enterprisesLegal basis: Articles 1133, 1145, 1146, and 1147 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the duties of the executor and the administrator of the estate are statutory. The administrator shall not harm the interests of the heirs or dispose of the estate for non-administrative purposes without authorization. Secondly, after the succession begins, the administrator shall take over the estate as soon as possible and take necessary measures to prevent damage, such as maintaining the basic condition of the house and handling necessary procedures. Thirdly, if there are debts involved, they shall be repaid first and then divided. Improper handling may result in the heirs assuming responsibilities exceeding the actual value of the estate. Fourthly, if the will is invalid or revoked, the estate shall be dealt with in accordance with statutory succession. Fifthly, if there are major disputes among family members, it is advisable to introduce professional forces to mediate as soon as possible to avoid the escalation of conflicts. For matters involving debts and execution, they can be handled through legal means.Creditor's rights and debts, and enforcementThe path to access the column.

VI. Frequently Asked Questions

Q1: What does a testamentary executor do?

According to Article 1145 of the Civil Code of the People's Republic of China, after the commencement of inheritance, the executor of the will shall serve as the administrator of the estate; Article 1147 lists his/her duties, including clearing up the estate and making an inventory of the estate, reporting the situation of the estate to the heirs, taking necessary measures to prevent the estate from being damaged or lost, handling the debt and creditor's rights of the decedent, dividing the estate, and other necessary actions.

Q2: What should I do if there's no designated executor?

If there is no executor, the heirs shall promptly elect a property manager; if no one is elected, all heirs shall jointly serve as property managers; if there are no heirs or all heirs waive their right of inheritance, the civil affairs department or the villagers' committee of the decedent's place of residence shall serve as property managers. If it is difficult for the heirs to reach an agreement, they may file a lawsuit to confirm the division plan.

Q3: Can lawyers directly handle the transfer of inheritance ownership?

Lawyers cannot handle the specific procedures of notarization or registration authorities on behalf of their clients, but they can assist in preparing materials, reviewing ownership, coordinating inheritance relations, and representing clients in necessary litigation or non-litigation procedures. When dealing with real estate inheritance, it is usually necessary to first confirm the inheritance rights and the validity of the will, and then handle the transfer of ownership based on the notarization certificate or effective legal documents.

Q4: In the event of a conflict between a will and debts, should one repay the debts first or inherit the estate first?

Generally, the debts should be paid off first. The heirs shall pay off the taxes and debts that the deceased should pay according to law within the actual value of the inherited estate. For the part exceeding the actual value of the estate, if the heirs voluntarily repay it, it shall not be subject to this limitation. Before the division of the estate, the debts should be dealt with first to avoid the heirs assuming additional responsibilities due to improper division of the estate.

Q5: If there are disputes among the heirs, can the will still be executed?

Yes, but it may be necessary to resolve disputes over the validity and shareholding first. If there are objections to the authenticity, form, or content of the will, the validity can be confirmed through litigation. During the dispute period, the estate administrator should properly safeguard the estate and prevent its damage, and then divide the estate according to the effective legal documents or agreements after the rights are determined.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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 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.