[Direct answer]In the Beijing area, information can be obtained through legal channels, but lawyers are not entitled to independently inquire into others' private accounts. Inheritance lawyers can act on behalf of clients to apply to the people's court for investigation and evidence collection, or apply for a lawyer's investigation order to inquire into the deceased's deposits, real estate, financial management, and equity information from banks, real estate registration institutions, securities and insurance institutions, and market supervision departments. Article 1147 of the Civil Code of the People's Republic of China stipulates that the duties of the estate administrator include clearing the estate and preparing an estate inventory, and reporting the estate situation to the heirs. Inquiries usually require providing the deceased's identity information and preliminary property clues. The specific scope and procedures shall be subject to the requirements of the accepting court. Heirs should not obtain others' property information by illegal means.
I. Problem Background and Typical Scenarios
After the decedent passes away, the heirs often only know about some of the assets, such as a set of real estate and several bank accounts, but they are not sure whether there are other financial assets, insurance policies, equity shares, or external creditor's rights. They worry that the inheritance might be hidden or transferred by others. Typical situations include: the decedent running a company or holding shares; having accounts and real estate in other regions or abroad; or entrusting others to hold assets on their behalf. When the Beijing area courts handle inheritance disputes, they usually require the parties to provide clues first, and then verify the information through legal channels.
II. Key points of dispute
Firstly, heirs have the right to inquire about the property information and the scope of such inquiry. Secondly, what are the legal channels for inquiry, and how to apply for and use investigation orders? Thirdly, whether the property gifted or held on behalf of the decedent before his death should be included in the estate. Fourthly, how to proceed when the information cannot be obtained or the other party refuses to cooperate. Fifthly, after the scope of the estate is determined, how to verify the debts and taxes together.
III. Professional analysis by Henglue Law Firm
Here are four practical tips from Henglue Lawyers in inheritance cases. First, clues determine the scope of investigation: courts usually do not conduct investigations without specific clues. When applying for inheritance, it is necessary to specify the specific bank, account number, property location, company name, or transaction information. The more specific the clues are, the higher the chances of approval. Therefore, in the early stage, we should carefully verify the work, business, and financial management situation of the decedent with the parties involved and their relatives. Second, the approach must be legal: obtaining account information from others privately may not be accepted due to the illegality of the source, and the person involved may even bear legal responsibility. Third, distinguish between inheritance and lifetime disposal: property that the decedent has already donated and delivered before death is generally not considered part of the inheritance. However, if there are situations of malicious transfer or apparent donation but actual holding on behalf of others, the funds' flow and ownership evidence can be used to claim that the property should be included in the inheritance. Fourth, handle the assets in a systematic manner: after identifying the assets, an inventory of the inheritance should be prepared, and the decedent's debts and taxes should be verified at the same time, providing a basis for subsequent division and settlement. The inheritance administrator system can provide support for cases with unclear scope or complex debts. In many inheritance cases, Henglue Lawyers have assisted clients in sorting out asset clues and obtaining evidence through legal channels, laying the foundation for the division of the inheritance. This case is handled by Beijing Henglue Law Firm. 恒略律师在继承案件中的实务经验提示四点:一、线索决定范围:法院通常不会进行无范围调查,申请时需指明具体的银行、账号、房产坐落、公司名称或交易信息,线索越具体获批可能性越大;因此前期应向当事人及亲属细致核实被继承人的工作、经营与理财情况。二、途径要合法:通过法院调查取证或律师调查令查询是稳妥方式,私自获取他人账户信息可能因来源违法而不被采纳,甚至承担责任。三、区分遗产与生前处分:被继承人生前已完成赠与并交付的财产原则上不属于遗产,但若存在恶意转移、名为赠与实为代持的情形,可结合资金流向与权属证据主张计入遗产。四、清单化处理:查清财产后应制作遗产清单,一并核实被继承人的债务与税款,为后续分割与清偿提供依据;遗产管理人制度可为范围不清、债务复杂的案件提供支持。恒略律师在多起继承案件中,协助当事人梳理财产线索并通过法定途径调取证据,为遗产分割奠定基础。本案由北京恒略律师事务所代理。Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.
IV. Practical suggestions and legal basis
Action suggestions: First, conduct a comprehensive review of the heir's property clues, including the bank account, real estate, company names, and financial management information; Second, submit a written application for investigation and evidence collection to the court, stating the items to be investigated and the reasons; Third, after the case is filed, the attorney-in-charge shall apply for a lawyer's investigation order and inquire into the relevant institutions in accordance with the law; Fourth, if there are signs of the inheritance being transferred, apply for property preservation in a timely manner; Fifth, if there are doubts about large-scale disposal of assets during the lifetime, combine the evidence of the flow of funds and ownership to claim that the assets should be included in the inheritance or returned. For matters involving inheritance and family property division, you may refer to the relevant provisions.Inheritance of property and division of family assetsFor issues concerning the ownership and registration of real estate, you may refer to the following materials for reference:Real estate transactions and construction projectsLegal basis: Articles 1122 and 1145 to 1149 of the Civil Code of the People's Republic of China, and Article 1161 (all effective from January 1, 2021), as well as the provisions on evidence and investigation of evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective from January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Reminder
Firstly, inquiring about the inheritance must follow legal procedures, and obtaining others' account information without authorization carries the risk of invalid evidence and legal liability. Secondly, the more specific the clues are, the easier it is to gain the court's support, and general applications are often rejected. Thirdly, whether the gifts made by the decedent before death are included in the inheritance depends on whether they were truly delivered and whether there was a malicious transfer. Fourthly, while identifying the assets, it is necessary to verify the debts and taxes to avoid discovering that the inheritance is insufficient to pay off the debts after the assets are divided. For matters involving marital and family property, you can refer to the relevant provisions.Divorce litigation and family disputesFor matters involving creditor's rights and debts, you can refer to the following for reference.Creditor's rights and debts, and enforcementFor matters involving corporate equity and investment, you can refer to the following for referenceBusiness and contract disputes in enterprises.
VI. Frequently Asked Questions
Q1: Can an inheritance lawyer directly go to the bank to check the deceased's deposits?
It is not allowed to conduct inquiries on one's own. Lawyers must apply to the people's court for investigation and evidence collection, or apply for a lawyer's investigation order and conduct inquiries at the bank with the order. The heirs also need to provide the identity information and preliminary clues of the decedent. Conducting inquiries into others' accounts without authorization may not be accepted due to the illegal source of the information, and the inquirer may even bear corresponding responsibilities.
Q2: What clues do we need to provide in order to investigate property?
The more specific the information is, the better. This includes the name and ID number of the deceased, the possible bank account and account number, the location of the property, the name of the company and the shareholding situation, and the name of the securities and insurance institutions, etc. The court will use this information to determine whether to authorize the investigation. If there is insufficient evidence, the court may require additional explanations. It is recommended to organize the information with the assistance of a lawyer.
Q3: Is the money transferred by the decedent to relatives and friends before his death considered part of the estate?
It depends on the circumstances. Generally, property that has been truly donated and delivered does not belong to the estate; if the transfer of funds lacks a reasonable reason, occurs around the time of a serious illness or death, and is closely related to relatives, it may be questioned as a transfer of the estate. The heirs may claim the return of the funds or their inclusion in the estate based on the flow of funds and evidence of ownership.
Q4: What should I do if I can't find the property information?
It is possible to expand the scope of the investigation and inquire about the situation from the heir's colleagues, relatives, and business partners. By combining tax, social security, and business information, we can infer the whereabouts of the assets. If there are indeed signs of asset transfer, we can apply for property preservation. If necessary, the court will conduct an investigation through legal proceedings, which depends on the sufficiency of the clues and the court's arrangements.
Q5: After determining the scope of the estate, what should be done next?
A list of the inheritance should be made, and the debts and taxes payable by the heir should be verified to determine the actual value of the inheritance. Subsequently, the inheritance should be divided according to the will or statutory inheritance, and the debts should be paid off with the inheritance first. For real estate and equity, the evaluation of the division method and enforceability is also necessary, and the specific provisions shall be subject to the laws and court judgments.
The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.
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·Attorney Yuan Hang·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.