[Direct answer]In the Beijing area, if no agreement can be reached through negotiation, the matter can be resolved through litigation. According to Article 113 of the Civil Code of the People's Republic of China, heirs shall negotiate and handle inheritance issues in a spirit of mutual understanding and harmony; the time, method, and share of the inheritance shall be determined by the heirs through negotiation. If no agreement can be reached, the matter may be mediated by the People's Mediation Committee or brought to the people's court for litigation. In the litigation, the court may be requested to determine the scope of the inheritance, determine the share of the heirs, and decide according to the nature of the property that it shall be owned by a certain heir and that he/she shall pay compensation in kind to other heirs, or decide to divide and sell the property. If the heirs are concerned that the other party may transfer the inheritance, they may also apply for property preservation; if the inheritance is unmanaged or subject to significant disputes, they may apply for the appointment of an inheritance administrator.

I. Problem background and typical scenarios

After the parents passed away, the siblings had conflicting opinions on who should inherit the property, how to divide the savings, and who should get more or less. The discussions became increasingly deadlocked. Some heirs monopolized the house by changing the locks or transferring the savings, while others failed to cooperate with the appraisal and transfer of ownership for a long time, resulting in the inability to liquidate the estate. At this point, continuing to wait for negotiations often leads to no results, and may instead result in the loss of evidence and the disposal of property. When handling similar cases in the Beijing area, the court usually first fixes the scope of the estate, then organizes mediation, and if mediation fails, it will make a judgment on the division of the estate according to law.

II. Key points of contention

First, after unsuccessful negotiation, should one choose mediation or litigation, and what are the advantages and disadvantages of each? Second, how to identify the scope of the estate in litigation, and who bears the burden of proof? Third, how to divide indivisible assets such as real estate, and how to determine the compensation for depreciation? Fourth, can one apply for property preservation to prevent the transfer of the estate? Fifth, under what circumstances is the system of estate administrators applicable?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled an inheritance dispute arising from a dispute over the division of relocation housing. In 2018, three housing units were relocated and resettled in Fengtai District of Beijing. In June 2019, the four children signed an agreement stipulating that, on the condition of fulfilling their duty of support, the three relocation housing units would be allocated to different children or jointly owned by two daughters. Those who failed to fulfill their duty of support would be entitled to an equal share of the units. After the parents passed away, the heirs disagreed on the implementation of the agreement. One daughter entrusted lawyer Li Yonghui of our firm to sue for the distribution of the units according to the agreement. The disputed issues included the validity of the agreement and the fulfillment of the duty of support. The defendant claimed that the plaintiff should receive a smaller share or no share at all because she failed to fulfill her duty of support, and submitted handwritten records and videos as evidence. The lawyer pointed out that the agreement's provisions on weekly visits were true, but it did not stipulate that failure to fulfill the duty of support would disqualify the plaintiff from receiving the units according to the agreement. The plaintiff's WeChat group records showed that she did visit and care for the elderly, but the records and videos submitted by the defendant contained inaccuracies and misleading information. Moreover, the two sons had actually obtained and lived in the agreed housing units and enjoyed the benefits, so the claim for a larger share lacked basis. The court, based on the WeChat group records and the actual use of the housing units, rejected the claim for a smaller share and confirmed that the heirs would inherit the units according to the agreement, determining the ownership of the three housing units and the corresponding compensation respectively. This case shows that when a dispute cannot be resolved through negotiation, the key lies in using evidence to restore the true content of the agreement and the actual performance of the obligations. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, fix the list of inheritance and ownership evidence to prevent the other party from disposing of it first; Second, try people's mediation or court mediation, which is low in cost and high in efficiency; Third, if mediation fails, sue in time, request the court to divide and specify the share; Fourth, if necessary, apply for property preservation or deposit the inheritance; Fifth, if it involves unmanaged inheritance, you can apply for the appointment of an inheritance manager. For inheritance disputes, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.Inheritance of property and division of family assetsAndCreditor's rights and debts, and enforcement casesLegal basis: Articles 113, 145, and 147 of the Civil Code of the People's Republic of China, and Article 130 (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. Henglu Law Firm's Reminder

Firstly, negotiation is not open-ended, and prolonged delay may result in the transfer or devaluation of assets. Secondly, evidence is of utmost importance in litigation, and written agreements, chat records, and actual possession and use are all crucial. Thirdly, indivisible assets such as real estate are usually awarded to one party with compensation in the form of a cash payment, and appraisal is a necessary step. Fourthly, applying for preservation measures in a timely manner can effectively prevent the other party from disposing of the inheritance. For cases involving inheritance and division of assets, it is possible to resolve the dispute through legal means.\nInheritance of property and division of family assetsWe provide a comprehensive solution for services, which integrates security and executionCreditor's rights and debts, and enforcementFor those involved in property division and transfer, the following information may be helpfulReal estate transactions and construction projectsFor matters involving mediation and special procedures, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the heirs cannot reach an agreement, can they directly file a lawsuit?

Yes. According to Article 113 of the Civil Code of the People's Republic of China, if no agreement can be reached through consultation, the People's Mediation Committee may mediate or the case may be brought to the people's court for litigation. When filing a lawsuit, all heirs should be listed, and the court should be requested to identify the scope of the estate and determine the shares according to law, so as to avoid the procedure being repeated due to the omission of subjects.

Q2: Who is responsible for proving the scope of the estate in the lawsuit?

The party claiming for division shall provide evidence such as real estate certificates, deposit certificates, equity and financial management records, etc. If it is difficult to obtain such evidence due to objective reasons, the party may apply to the court for investigation and evidence collection or the issuance of an investigation order. If the other party holds clues to the property but refuses to provide them, the court may order the other party to provide an explanation and, if necessary, make an adverse presumption against the other party.

Q3: How will the house be divided, and can it be awarded to me?

Yes. For houses that are not suitable for physical division, the court may rule that they belong to a certain heir, who shall pay the other heirs a compensation in the form of a discounted price according to their shares; it may also rule that they be jointly owned or divided through auction. The party who obtains the house may claim priority, but they must have the ability to pay. The compensation amount is usually determined based on the appraised value.

Q4: What should I do if I'm worried that the other party might transfer the inheritance?

You can apply to the court for property preservation, seize, detain or freeze the disputed inheritance to prevent it from being disposed of; in urgent cases, you can apply for pre-litigation preservation before suing and sue within the statutory time limit. For those assets that have already been transferred, you can claim that the transferee knowingly returns them, or allocate a smaller share or no share to the transferor during the division of the assets.

Q5: How are estate administrators appointed?

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 be the administrator of the estate; where there is no executor of the will, the heirs shall elect one in a timely manner; where no executor is elected, all the heirs shall jointly serve as the administrator of the estate; where there are no heirs or all of them waive the right of inheritance, the civil affairs department or the villagers' committee of the decedent's place of residence shall serve as the administrator of the estate. If necessary, an application may be made to the court for appointment.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

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·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.