[Direct answer]In the Beijing area, if there are inheritance disputes after a relative's death, it is recommended to handle them in five steps. The first step is to fix the basic materials, including the death certificate, proof of kinship, marriage and household registration information, ownership certificates for real estate and deposits, etc. The second step is to define the scope of the inheritance, which refers to the personal legal property left by the deceased at the time of death, and first identify the spouse's share in the marital joint property. The third step is to confirm the scope and order of the heirs, in accordance with Article 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021), to determine the first-order and second-order heirs. If the deceased's children die before the deceased, the children's direct descendants shall inherit in their stead. The fourth step is to determine the shares and strive to reach a written division agreement, which should specify the subject matter and shares in detail. The fifth step is to handle the change of real estate registration and the transfer or transfer of deposits, equities, etc. If no agreement can be reached through negotiation or the agreement is repudiated, an inheritance lawsuit may be filed with the people's court with jurisdiction. It should be noted that once the scope of the inheritance is misidentified in the litigation, all subsequent distribution results will be affected, so this is the most urgent problem to be solved first.Inheritance of property and division of family assetsThe column provides a detailed explanation of the scope of litigation and non-litigation services.

1. Problem background and typical scenarios

The parties who consult such issues are usually in the stage of several weeks to several years after the death of their relatives, and there are four common situations: First, the elderly suddenly pass away without leaving any arrangements, and multiple heirs each hold part of the property and certificates; Second, although there is a will, one party claims that the will is forged or does not meet the formal requirements; Third, some heirs have long taken care of the elderly and believe they should get a larger share, but they cannot provide evidence; Fourth, the elderly have already transferred part of the property to one child before death, and the other children claim that it should still be divided. In practice, the most intense disputes often concern the share ratio and the ownership of specific property, which are precisely the parts that most rely on evidence. There is also a risk that is easily overlooked: the inheritance is left unattended for a long time. For example, the house is vacant, the deposits are kept by others, and the equity is not exercised. Over time, not only will the value of the property depreciate, but it may also lead to new disputes due to the improper handling of the custodian. For the operational boundaries related to the disposition of real estate, you can refer to the relevant provisions in the Inheritance Law of the People's Republic of China.Real estate transactions and construction projectsColumn.

II. Key points of contention

The first focus is the definition of the scope of the estate, distinguishing the assets owned by the deceased at the time of death from those disposed of during their lifetime. The second focus is the order of division of marital joint property, with the spouse's share being first divided out before proceeding to inheritance distribution. The third focus is the scope and order of heirs, including subrogated succession, transferred succession, and stepchildren who have formed a support relationship. The fourth focus is the formal requirements and authenticity of wills. The fifth focus is the impact of support obligations and support contributions on property shares and their proof. The sixth focus is the validity and revocability of inheritance division agreements. The seventh focus is the legal consequences of heirs' unauthorized disposition of the estate. The eighth focus is the enforcement and cooperation obligations among multiple heirs. The above identification standards shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the statutory inheritance dispute represented by Attorney Qiu Juan of our firm as an example, it can be clearly seen how the shares are determined according to law. The decedent, Zhao Shan, and his wife, Wang Fen, had two children, Zhao Xiaolei and Zhao Yingping. Wang Fen died in 1998, and Zhao Shan died on January 26, 2020. Both of their parents preceded them in death. Zhao Xiaolei died on December 23, 2019, leaving only his daughter, Yu Jianan. Zhao Shan had been living with Zhao Yingping before his death, leaving behind a house at No. 106 in Jilin City. Yu Jianan argued that after her grandfather's death, the house had been occupied by her aunt, Zhao Yingping, and that as the daughter of Zhao Xiaolei, she had the right to inherit the property and therefore entrusted Attorney Qiu Juan of Beijing Henglue Law Firm to sue for partition. Zhao Yingping, on the other hand, claimed that she had signed a "Property Division Agreement" with Yu Jianan on December 30, 2019, stipulating that all the property would be inherited by her and that Yu Jianan would waive her rights. After studying the case, the lawyer explained to the parties that since Zhao Shan did not leave a will, the inheritance should be divided according to the provisions of the Civil Code of the People's Republic of China. As Zhao Xiaolei died before Zhao Shan, Yu Jianan, as a descendant in the direct line of succession, had the right to inherit the property. Regarding the "Property Division Agreement", it had been ruled invalid by a final judgment and was not enforceable. Moreover, Yu Jianan was a minor at the time of signing the agreement, so her argument was not accepted. The court should divide the property according to the statutory inheritance and comprehensively consider the facts of support and care. The court adopted the above-mentioned viewpoint, determining that Zhao Shan's first-order heirs were Yu Jianan and Zhao Yingping, and the house at No. 106 was divided according to law. Since Zhao Shan had been living with Zhao Yingping and was cared for by her until his death, the court awarded Zhao Yingping 60% of the shares and Yu Jianan 40%. At the same time, the court ordered the two to assist each other in handling the change of registration within ten days, with each party bearing their own costs. This case cites the provisions of Article 1128 of the Civil Code of the People's Republic of China on subrogated succession. This case provides two replicable experiences: first, an agreement whose validity has been denied by a final judgment cannot be used as a defense basis; second, although the facts of cohabitation and support can affect the share ratio, they need to be supported by evidence, otherwise it will be difficult to gain support. This case was handled by Beijing Henglue Law Firm.Yu DaweiAttorney (Practice Certificate No.: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Timely obtain death certificates and certificates of kinship; 2. Prepare an inventory of assets, noting the ownership sources and registration status of each item; 3. Separate the spouse's share of jointly owned real estate, deposits, and equity first; 4. Verify the existence of a will and its formal requirements, and apply for a will-form authentification if necessary; 5. Clarify the order of heirs and succession, paying attention to the identification of subrogated succession and support relationships; 6. Use transfer records, care agreements, expense receipts, etc. to prove support contributions; 7. Specify the subject matter, share, timeframe, and cooperation obligations in the division agreement; 8. Pay attention to statutes of limitations and cooperation obligations, as failure to assert rights may lead to unfavorable consequences. Legal basis: Articles 1121, 1122, 1127, 1128, and 1130 of the Civil Code of the People's Republic of China (all effective as of January 1, 2021); Provisions on inheritance litigation and evidence in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective as of January 1, 2024); Currently effective regulations regarding real estate registration procedures shall prevail.

5. Henglu Law Firm's Reminder

Firstly, the determination of the scope of the estate is the foundation of the entire case. Even if the share is reasonable, it cannot be enforced if the scope is incorrect. Secondly, pensions and funeral expenses do not belong to the estate and cannot be simply treated as part of the estate. Thirdly, property that has been disposed of according to law during the lifetime of the decedent is generally not part of the estate, and the decedent has the right to dispose of it independently during his or her lifetime. Fourthly, contributions to support should be documented, and transfer records, nursing records, and medication expenses can all be used as evidence. Fifthly, agreements that have been declared invalid by a valid judgment do not have legal effect and cannot be used to exclude the rights of others. Sixthly, do not publicly confront and exacerbate conflicts within the family, nor fabricate agreements at the last minute during litigation. Seventhly, multiple heirs must clearly stipulate the transfer of ownership and cooperation obligations in the division agreement. Eighthly, creditor's rights in inheritance also belong to the scope of the estate and can be claimed according to law. The path of creditor's rights recovery can be referred to for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If a family member has just passed away, can multiple heirs divide the inheritance directly?

It is not advisable to impose disciplinary measures directly. In practice, it is recommended to first complete the preparation of basic materials and the sorting out of the inheritance list, clarify which items belong to the inheritance and which belong to personal property, and then negotiate and sign a written division agreement. For the parts with no disputes, the transfer of ownership can be handled first; for the disputed parts, separate cases should be handled to avoid delaying the entire process.

Q2: The elderly person didn't leave any arrangements. How will the house be divided among the heirs?

The inheritance shall be handled in accordance with the law. First, the spouse's share of the couple's joint property shall be identified. The remaining portion shall be inherited by the first-order heirs, namely the spouse, children, and parents, with the shares generally being equal. For heirs who have fulfilled their main obligations of support or lived together with the decedent, they may receive a larger share. A larger share requires factual and evidentiary support, and cannot be determined arbitrarily.

Q3: Who bears the burden of proof, the claimant or the court?

The party claiming that a certain piece of property belongs to the estate needs to provide preliminary evidence, such as ownership registration, certificates, and account books. The court may, upon request, retrieve relevant registration and account information, but the claiming party still needs to provide clues sufficient to initiate an investigation. In practice, it is difficult to obtain support if the claimant simply demands the division of property under the other party's name without providing any clues at all.

Q4: Can I still change my mind about the signed division agreement?

The agreement is binding on all heirs, but if there are circumstances such as fraud, coercion, major misunderstanding, or manifest unfairness, the parties may request its revocation in accordance with the law. An agreement that has been determined invalid by a valid judgment is not effective from the beginning and cannot be used to exclude the statutory rights of other heirs. Therefore, before signing the agreement, it is necessary to communicate fully and keep records of the signing process.

Q5: How long does it usually take to litigate over an inheritance dispute?

The duration of the process depends on the complexity of the subject matter, the number of heirs, whether the evidence requires appraisal, and whether there are conflicts of rights with third parties. Cases with concentrated subject matters and clear evidence generally have a relatively manageable timeline; cases involving multiple sets of real estate, multiple heirs, and disputes in other cases usually take longer. When seeking advice, it is necessary to request a specific explanation of the time nodes at each stage.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 limits.Legal services for inheritance·Attorney Yu Weidong·Beijing Henglue Law Firm

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