[Direct answer]In the Beijing area, we can provide full-process assistance based on statutory inheritance. In the absence of a will, the inheritance shall follow the statutory order of succession as specified in Article 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021): the first order of succession includes the spouse, children, and parents; the second order includes siblings, grandparents, and maternal grandparents. After the inheritance begins, the first-order heirs shall inherit, and the second-order heirs shall not inherit. The role of lawyers in such cases includes: first, clarifying the scope of heirs and handling special issues such as subrogated succession, transfer of succession, and the relationship between adopted children and their biological parents; second, identifying the scope of the estate to prevent the omission or transfer of property; third, designing a division plan and proposing physical division or compensation for real estate, deposits, equity, etc.; fourth, handling or assisting with inheritance notarization, or representing clients in litigation if no agreement can be reached; fifth, applying for property preservation when necessary to ensure the enforcement of future judgments. In other words, lawyers can provide support from the confirmation of rights to the division and implementation of the inheritance.

1. Problem background and typical scenarios

When an elderly person dies without leaving a will, this is the most common situation in inheritance disputes. There are three typical scenarios: First, the heirs have different understandings of their shares, mistakenly believing that only children are entitled to inherit and ignoring spouses and parents; Second, the inheritance is complex, involving real estate, deposits, equity, pensions, etc.; Third, one party has long occupied or disposed of a large portion of the inheritance, and the rights and interests of other heirs have been damaged. In the judicial practice of the Beijing area, the disputes in statutory inheritance cases often focus on three points: the scope of heirs, the scope of inheritance, and the division ratio.

II. Key points of contention

First, who are the legal heirs and how are their shares determined? Second, how are subrogated succession and transferable succession applied? Third, do stepchildren and adopted children have the right to inherit? Fourth, how is the scope of the estate identified, and how are the shares of the decedent separated from jointly owned real estate? Fifth, how is the division method chosen, and how are the advantages and disadvantages of physical division and compensation in lieu of cash weighed? The core is to clarify both the identity relationships and the scope of the property at the same time, to avoid the situation that the plan is repeatedly revised due to the omission of heirs or property.

III. Professional analysis by Henglue Lawyers

Based on the statutory inheritance cases handled by Henglue Law Firm, we can use a real case to illustrate the value of lawyers. In this case, the decedents' spouse died successively, leaving behind a house jointly owned by one of their children, the sale proceeds of another house, and bank deposits, etc. One party claimed that he should receive a larger share because he had fulfilled the main duty of supporting the decedents, and argued that the decedents' pre-death disposal of the deposits should not be subject to further division; the other party insisted on equal division and demanded a larger share of the transferred pension. After accepting the client's entrustment, the lawyers of our firm, on the one hand, clarified the decedents' shares in the jointly owned house and argued that the shares should be first separated and then distributed according to statutory inheritance; on the other hand, pointed out that the decedents had the right to dispose of their own property during their lifetime, and the funds disposed of by them before death did not belong to the divisible inheritance; at the same time, argued that the client had fulfilled the main duty of supporting the decedents and should receive a reasonable larger share, and applied for property preservation to protect the client's rights and interests. In the end, the court determined the shares of all parties according to law, ordered one party to obtain the main share and pay compensation to other inheritors. This case shows that the key role of lawyers in statutory inheritance lies in clarifying the scope of heirs and inheritance, advocating reasonable division ratios, and doing a good job in preservation and evidence collection. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, sort out the family relationships and determine whether any spouses, parents, or other heirs have been omitted; Second, comprehensively identify the scope of the estate, including real estate, deposits, financial investments, equity, and pensions; Third, pay attention to special circumstances such as subrogated succession and transferred succession; Fourth, if you are worried about the other party transferring assets, apply for property preservation in time; Fifth, prioritize negotiation, and if negotiation fails, determine the share by litigation. For matters involving statutory succession and estate division, you can refer to the relevant provisions of the Inheritance Law of the People's Republic of China.\nInheritance of property and division of family assetsFor matters involving property preservation and enforcement, you may refer to the following for reference.Creditor's rights and debts, and enforcement casesLegal basis: Articles 1127, 1128, and 1130 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. Henglu Law Firm's Reminder

Firstly, the absence of a will does not mean there will be no disputes. The scope of statutory inheritance also needs to be clarified. Secondly, omitting heirs will lead to repeated division of the estate. Thirdly, the property disposed of by the decedent before his death is generally not included in the division of the estate. Fourthly, those who fulfill their main support obligations may claim a larger share, but this needs to be supported by evidence. For matters involving statutory inheritance, you can seek legal advice through the following channels:Inheritance of property and division of family assetsThe service acquisition, which involves the investigation of property clues and the enforcement of preservation measures, can be combined togetherCreditor's rights and debts, and enforcement casesFor matters involving the transfer of real estate in an estate, you can refer to the following for reference.Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: If there is no will, what is the order of inheritance?

The first order of inheritance includes spouses, children, and parents; the second order includes siblings, grandparents, and maternal grandparents. After the inheritance begins, the inheritance is first inherited by the heirs in the first order, and the heirs in the second order do not participate in the inheritance.

Q2: Can grandchildren directly inherit their grandparents' estate?

Generally, it cannot be directly inherited. If the parents of the inheritor die before the inheritor, the grandchildren can inherit the share that should have been inherited by the parents; otherwise, it needs to be arranged through a will or other means.

Q3: Can I get a larger share in the division if I fulfill my main obligation to support my parents?

This can be claimed. The heirs who have fulfilled their main obligation of supporting the decedent can receive a larger share during the division; however, those who have the ability and conditions to provide support but fail to fulfill their obligations may receive a smaller share or no share at all.

Q4: If one party transfers the inheritance away, what should the other heirs do?

You can assert your rights and apply for property preservation in a timely manner to prevent the property from being further transferred or disposed of; if the inheritance is transferred maliciously, the party may face adverse consequences during the division of the inheritance.

Q5: Is it necessary to go to court for statutory inheritance?

Not necessarily. If all parties have no disputes over the heirs and the division plan, it can be handled through inheritance notarization and other means; only when the consultation fails or the rights and interests are infringed does litigation become necessary.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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.