[Direct answer]They are different. Wills inheritance notarization is based on a legal and valid will, requiring the review of the form and substantive effectiveness of the will, and verifying whether the donee has made an acceptance within the statutory time limit; statutory inheritance notarization does not presuppose a will. According to Article 1127 of the Civil Code of the People's Republic of China, the statutory inheritance order is determined by the first-order heirs such as spouses, children, and parents. It usually requires all statutory heirs to be present to confirm or provide their opinions. Both require verification of the deceased's death certificate, kinship relations, and property ownership. According to Article 1123, if there is a will, the inheritance shall be carried out according to the will; if there is no will or the will is invalid, the inheritance shall be handled according to the statutory provisions. If there are multiple wills or the heirs have objections, the notary office may not handle the matter and it needs to be confirmed through litigation.

1. Problem background and typical scenarios

Obtaining a notarization of inheritance rights is a common preliminary step in the disposition of estate, especially when it involves the transfer of real estate and the withdrawal of deposits. Common situations include disagreements among heirs about the validity of the will and the share of inheritance, or when some heirs are uncontactable or unwilling to cooperate with the notary office, leading to the failure of the notarization process. In practice in the Beijing area, notary agencies will strictly verify the kinship relationship and the form of the will. When the materials are incomplete or there are disputes, they often advise the parties to determine their rights through litigation before proceeding with the notarization.

II. Key points of contention

The disagreements focus on four points: First, whether the notarization of testamentary succession must review the substantive validity of the will and how to handle formal defects; Second, whether the notarization of statutory succession requires all heirs to be present and how to handle their absence; Third, how to determine when there are multiple wills or when the will conflicts with statutory succession; Fourth, whether litigation is the only solution when heirs have objections to their shares and the notarization cannot be carried out. Generally, notarization agencies tend to be cautious about disputes, preferring not to act beyond their authority rather than making determinations.

III. Professional analysis by Henglue Law Firm

A case handled by Henglue Law Firm directly involves the conflict of effectiveness between a notarized will and a self-written will. The decedents, Wang Zhiguo and Zhang Hua, were husband and wife. They purchased a house located in Changping District of Beijing during their marriage, which was registered under Wang Zhiguo's name and belonged to their joint marital property. In February 2002, the couple went to the notary office to make notarized wills, stipulating that Wang Li, their daughter, would inherit all of their shares in the house, with the condition that Wang Li must pay 100,000 yuan to their son, Wang Ming, in one go, otherwise the will would be invalid and the inheritance would be handled according to statutory provisions. In May 2006, Zhang Hua unilaterally made a self-written will, stating that the 2002 notarized will was invalid and the house would be left entirely to Wang Ming. After the couple passed away, Wang Ming's son, Wang Gang, sued to inherit the house based on the 2006 self-written will. Attorney Zhu Guiying of Henglue Law Firm represented Wang Li, arguing that the legal facts of the case occurred before the implementation of the Civil Code, so the Inheritance Law of the People's Republic of China should be applied. According to Article 20 of that law, self-written, dictated, recorded, or oral wills cannot revoke or modify notarized wills, thus the 2006 self-written will could not revoke the 2002 notarized will. Moreover, since Wang Zhiguo had already passed away, Zhang Hua had no right to unilaterally change his share. Wang Li stated in court that she was willing to fulfill her obligation to pay, and thus she had the right to inherit according to Article 21 of the law. The court adopted these arguments, ruling that the notarized will was legally valid and the self-written will could not revoke the notarized will, dismissing all of the plaintiff's claims. It should be noted that after the implementation of the Civil Code, the priority effect of notarized wills has been abolished, and the latest will takes precedence. However, since the legal facts of this case occurred before the implementation of the Civil Code, the original provisions still apply. The case was handled by Beijing Henglue Law Firm.Zhu GuiyingThe lawyer (practice certificate number: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, clarify the status of the heirs and the will before applying for notarization, and prepare the death certificate, materials on kinship and property ownership; Second, if there are multiple wills, pay attention to the time of their establishment and the applicable laws, and determine the order of their validity; Third, if the heirs are uncooperative or there are disputes, they can confirm their rights through litigation before handling the transfer of ownership; Fourth, if the will involves obligations, the heirs should promptly express their willingness to fulfill them. For matters related to inheritance, you can refer to the following guidelines:\nInheritance of property and division of family assetsLegal basis: Articles 1123, 1127, and 1134 to 1144 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021); for legal facts that occurred before January 1, 2021, Article 20 and Article 21 of the Inheritance Law of the People's Republic of China (which came into effect on October 1, 1985) shall apply. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the core difference between the two types of notarization lies in whether they are based on a will and the different focuses of the review process. Secondly, the priority effect of notarized wills has been abolished by the Civil Code, with the latest will taking precedence, but the old facts still apply to the old law. Thirdly, the lack of cooperation from heirs is a common obstacle to the progress of notarization. After the rights are confirmed through litigation, the heirs can handle the procedures with the judgment document. Fourthly, defects in the form of the will may lead to the inability to proceed with notarization, so it is important to follow standard procedures when making a will. For the overall handling of inheritance disputes, it can be resolved through legal means such as litigation or mediation.Inheritance of property and division of family assetsService acquisition plan.

VI. Frequently Asked Questions

Q1: What is the difference between notarization of testamentary succession and notarization of statutory succession?

The notarization of testamentary succession is based on the will and requires reviewing the form and validity of the will; the notarization of statutory succession does not refer to the will and determines the heirs according to the legal order of succession, usually requiring all statutory heirs to be present to confirm. The materials and review focuses of the two are different, and before handling the notarization, it is necessary to first determine which situation applies.

Q2: How long does it take to handle the notarization of inheritance rights?

The law stipulates time limits for notarization. If all materials are complete and there are no disputes, the notarization certificate will generally be issued within 15 working days after acceptance. The time required to supplement materials or verify the situation will not be included in the processing time. If there are disputes among the heirs or the need to verify the validity of the will, the processing time will be extended accordingly, and it may even be impossible to proceed with the notarization.

Q3: If the heir refuses to attend the notarization, can the notarization still proceed?

It's generally difficult to handle. Legal inheritance notarization usually requires all first-order heirs to be present or to provide their opinions; if someone is uncooperative or uncontactable, the notary office often refuses to handle it. In this case, the rights can be confirmed through inheritance litigation, and then the transfer of ownership or withdrawal of deposits can be carried out with the effective judgment document.

Q4: When there are multiple wills, which one should be used as the basis for notarization?

After the implementation of the Civil Code, if there are several wills with conflicting contents, the latest will shall prevail, and notarized wills will no longer be automatically given priority. However, if the legal facts of inheritance occurred before the implementation of the Civil Code, the provisions of the original Inheritance Law regarding the priority of notarized wills shall still apply. The specific application shall be determined by considering the time of making the will and the time of occurrence of the inheritance.

Q5: What materials are required to submit for notarization of inheritance by will?

It usually includes the deceased's death certificate, the original will, proof of the heir's kinship with the deceased, property ownership certificates, and proof of the parties' identities. If the will is in the form of a proxy or a printout, the relevant materials for witnessing should also be provided. The specific list shall be subject to the requirements of the notary office. It is recommended to check it in advance.

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

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, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Zhu Guiyin·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.