[Direct answer]Yes. According to the provisions of the Civil Procedure Law of the People's Republic of China on the parties' burden of proof and the people's courts' investigation and collection of evidence, the parties and their litigation agents may apply to the people's courts for investigation and collection of evidence that they cannot collect on their own due to objective reasons; in practice, lawyers often apply for investigation orders to inquire from departments such as real estate registration, banks, securities registration and settlement, market supervision, provident funds, and social insurance. Article 1147 of the Civil Code of the People's Republic of China also requires the estate administrator to clear up the estate and prepare an estate inventory. It should be noted that the identification of the scope of the estate does not equal the confirmation of rights. Property registered under the name of a person other than the decedent, but purchased in the name of the decedent or financed by the decedent, may still be identified as the estate. When handling such cases in Beijing, the court will make a comprehensive judgment based on the source of funds and the purchase process.

I. Problem background and typical scenarios

After the decedent passes away, the heirs often only have partial clues to the estate. Common situations include: not knowing which banks the decedent opened accounts with, or whether they held wealth management products or funds; the registration information of real estate and vehicles needs to be checked one by one; it's difficult to grasp the equity and receivables of the decedent's former business; and there may be doubts about whether some of the assets registered under the names of children or relatives belong to the estate. Heirs often face difficulties in obtaining complete information due to restrictions on their subject qualifications and privacy protection, which leads to a lack of a basis for the division of the estate. At this time, applying to the court for investigation and evidence collection through a lawyer is a more effective approach. You can first learn about it.Inheritance of property and division of family assetsThe content of our services.

II. Key points of dispute

The controversy focuses on four aspects: First, the scope of the inquiry, which typically includes real estate, vehicles, deposits and wealth management, securities accounts, company equity, provident funds, social insurance, and commercial insurance; Second, the legality of the evidence. Heirs cannot obtain others' account information by illegal means, and this should be achieved through court investigation procedures; Third, the identification of the nature of the property. Property registered under the name of someone other than the decedent but actually funded by the decedent needs to be determined whether it belongs to the estate based on the purchase time, the source of funds, and the registration background; Fourth, the relationship between evidence collection and preservation. After identifying the clues, measures should be taken to preserve the evidence in a timely manner to prevent the assets from being transferred. The above-mentioned steps are interconnected, and the absence of any one step may lead to the failure of subsequent division of the assets.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case of statutory inheritance disputes, in which the identification of the scope of the estate was the breakthrough point of the case. The deceased was a married couple with three children, one of whom was a foreign national and had long been living abroad. After one of the spouses died, the other spouse died in 2021, leaving behind two houses and savings. The dispute arose over one of the houses, which was purchased through the housing reform cost price on behalf of the siblings by the father, with 200,000 yuan of the purchase price coming from the mother's savings and the remaining part being shared equally by the three children. However, the house was registered under the name of one of the children and was rented out. The firm's lawyers represented the foreign national child in the lawsuit, claiming a corresponding share of the inheritance. The lawyers started with the source and funding of the house, pointing out that although the house was registered under one person's name, it originated from the father's unit's housing reform benefits, and the purchase price included the mother's savings and the joint contributions of the three children, so it should be recognized as the parents' estate and subject to statutory inheritance. At the same time, they submitted evidence of the child returning to China to care for the mother and sharing the nursing home fees, showing that all three children fulfilled their duty of support and there were no statutory circumstances of dividing less or not dividing the inheritance. In addition, they clarified the rental differences, the nursing home refunds, and the mother's savings item by item. The court ruled that the house should be considered as the estate according to its source and the payment of the purchase price, and in the absence of a will, the three children should inherit it legally and equally. The court ruled that the two houses should be owned by the three children in equal shares, and the registered party should pay the discounted price and return the nursing home refunds. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the inheritance inquiry is not just about finding registration information, but also about tracing the source of funds, in order to avoid missing the property that truly belongs to the inheritance.

IV. Practical suggestions and legal basis

Action list: First, sort out the clues, including the name and identity information of the deceased, the banks where they may have opened accounts, and their employment and investment situations in enterprises; Second, organize the known information about real estate, vehicles, and accounts to form a preliminary list; Third, apply to the court for investigation and evidence collection, or have a lawyer hold an investigation order to inquire from relevant departments; Fourth, promptly apply for property preservation after identifying the property to prevent it from being disposed of; Fifth, for the property registered under others' names, simultaneously collect purchase contracts, payment receipts, and communication records. For matters involving real estate registration and ownership, you can refer to the relevant provisions.Real estate transactions and construction projectsYou can inquire about matters related to equity and corporate assetsBusiness and contract disputes in enterprisesLegal basis: Articles 112 and 147 of the Civil Code of the People's Republic of China (both of which came into effect on January 1, 2021), and the provisions of the Civil Procedure Law of the People's Republic of China regarding the parties' burden of proof and the people's courts' investigation and collection of evidence. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the inquiry into the estate should primarily rely on court investigation procedures, and it is not appropriate to obtain account information through illegal channels, otherwise it may lead to new legal risks. Secondly, whether the property registered in others' names belongs to the estate depends on the source of the funds and the purchase process, and cannot be judged solely based on registration. Thirdly, after identifying the property, it should be preserved in a timely manner to avoid the time difference between the inquiry and the litigation being exploited. Fourthly, the property that the deceased has legally disposed of before death usually no longer belongs to the estate, and there must be sufficient evidence when claiming it. Fifthly, for overseas heirs, it is also necessary to prepare identity and relationship proof materials in advance. For debts and enforcement matters, they can be handled through legal procedures.Creditor's rights and debts, and enforcementPlease introduce the column to us.

VI. Frequently Asked Questions

Q1: How to check the bank deposits of the inheritor?

Heirs usually have limited access to information when conducting inquiries on their own. They can apply to the people's court to investigate and collect evidence in inheritance litigation, or have a lawyer submit inquiry requests to relevant banks with an investigation order; in some cases, they can also submit materials for inquiries in accordance with notarization or registration requirements. It is recommended to provide as much specific information as possible, such as the name of the bank where the account is held, the last digits of the account number, or frequently used transaction records, in order to improve the efficiency of the inquiry.

Q2: Is a house registered under a child's name considered an inheritance?

It's not necessarily the case. It requires comprehensive judgment. If the house originates from the housing reform benefits of the parents' unit, or the purchase price includes the parents' savings or is funded by the parents, even if it is registered under the children's name, it may still be identified as the parents' inheritance. If the house is purchased by the children with their own funds and used by them for a long time, it may not be considered an inheritance. The key evidence is the source of the funds and the purchase process.

Q3: What should I do if I can't find any clues about the property?

First, we can expand the sources of clues, such as the contract documents of the decedent, salary and social security records, employment information in enterprises, contact lists, and bank SMS notifications. Then, through the court's investigation and evidence-gathering procedures, we can inquire with departments such as real estate, banks, market supervision, and provident funds. The involvement of lawyers can assist judges in clarifying the scope of the inquiry and avoiding the omission of key assets.

Q4: Does it take a long time to inquire about an inheritance?

It depends on the completeness of the clues and the number of departments involved. For cases with clear clues, the investigation may be completed faster; for cases involving multiple regions, multiple accounts, or corporate equity, the timeframe will be extended accordingly. To save time, it is recommended to submit an application for investigation and evidence collection together with the lawsuit and apply for property preservation simultaneously, to prevent the assets from being transferred during this period.

Q5: What should I do if the other party refuses to cooperate with the division of the inheritance after it has been identified?

In the litigation, the court may be requested to confirm the inheritance shares and order the division. If the other party refuses to perform the obligation, the applicant may apply for enforcement based on the effective judgment or mediation agreement. If the applicant finds any signs of transfer of assets by the other party, he/she shall apply for preservation in a timely manner; for the assets that have been disposed of, the applicant may claim that the disposition is invalid or request compensation in the form of a discount, depending on whether the transferee has acquired the assets in good faith.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order to avoid missing the statutory time limits. →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. In the event of a dispute, please consult a practicing lawyer in time.