[Direct answer]In the Beijing area, the duties of estate administrators are explicitly listed by law. According to Article 1147 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), estate administrators shall perform six duties: clearing the estate and preparing an estate inventory; reporting the estate situation to the heirs; taking necessary measures to prevent the estate from being damaged or lost; handling the deceased's creditor's rights and debts; dividing the estate in accordance with the will or as provided by law; and performing other necessary acts related to the management of the estate. If the administrator causes damage to the heirs, legatees, or creditors due to intentional or gross negligence, he/she shall bear civil liability in accordance with Article 1148. It is recommended that the administrator prepare an inventory and report it in a timely manner, and perform his/her duties diligently.

I. Problem Background and Typical Scenarios

After the implementation of the Civil Code, the management of inheritance has shifted from "who inherits, who clears up" to "specialized personnel with dedicated responsibilities". Typical scenarios include: when there are many heirs scattered across different regions, no one coordinates the clearing up of deposits, real estate, and debts; when the deceased's external debts are unclear, and creditors only approach them passively after the fact; when real estate is left vacant for a long time and there are disputes over rentals, leading to a continuous loss of the value of the inheritance; and when the will specifies payment obligations but no one organizes the sale of the property to raise funds. When handling similar cases in Beijing, lawyers usually assist clients in first inventorying the estate and then formulating a division plan. For related matters, please refer to the following document for reference.Legal services for inheritance and family property division.

II. Key points of contention

Regarding the boundaries of responsibilities, the disputes focus on three points. Firstly, the standard for making the inventory: which assets should be included in the inventory and how to value them directly affect the subsequent division. Secondly, the scale of necessary measures: whether the expenses for repairing, renting out, or insuring the assets to prevent damage can be deducted from the estate. Thirdly, the order of handling creditor's rights and debts: how to prioritize taxes, debts, funeral expenses, and the obligation to pay according to the will, which will affect the final share each heir can obtain. For the assets under execution in the estate, it can be combined with the above considerations.Creditor-debtor relations and enforcement case servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and without any problems.

III. Professional analysis by Henglue Lawyers

A will inheritance case handled by Henglue Law Firm specifically demonstrated the executor's fulfillment of the duties of "dealing with debts and dividing the estate according to the will". In July 2023, Wang *5 executed a self-written will, stipulating that the 88-square-meter house at No. 1506, Fengtai District, be inherited by his spouse, Zhou Min. The will also specified that after selling the house, Wang *5 would pay 400,000 yuan to his sister, Wang *1, and 300,000 yuan each to his younger brother, Wang *2, and sister, Wang *3, totaling 1 million yuan. In September 2023, Wang *5 passed away. The three siblings demanded the immediate auction of the house to divide the proceeds, while Zhou Min appointed lawyer Yuan Hang to defend against the claim. The lawyer's litigation strategy consisted of two steps: first, establishing the validity of the will by proving that the self-written will met all formal requirements and was legally binding; second, securing a reasonable performance period by submitting income certificates and a property valuation report (estimated at 4.5 million yuan) to demonstrate that selling the house at a low price in the short term would harm the interests of all parties, including the plaintiffs. The lawyer then proposed a "transfer first, payment later" plan - transferring the house to Zhou Min's name first, and selling it within five years to fulfill the payment obligation. The Fengtai District Court adopted this proposal, ruling that the house should be inherited by Zhou Min and the transfer completed by January 14, 2025. Zhou Min would pay the full amount no later than July 14, 2029. This case demonstrates that the executor's duties should not be fulfilled hastily or excessively, but rather a balance should be struck between repaying debts and preserving the value of the estate. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1147 (six duties) and Article 1148 (liability for compensation) of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented from January 1, 2021). Practical suggestions: The administrator should promptly clear up the inheritance such as deposits, real estate, securities, and vehicles and make a list, and report to all the heirs; take necessary measures such as leasing, repairing, and insuring for the inheritance that is easily depreciated or damaged; register the decedent's taxes and debts item by item and pay them off in accordance with the legal order; fully communicate with the heirs before the division and, if necessary, apply to the court for confirmation. In case of disputes over the validity of the will, relevant provisions can be referred to.Legal services for inheritance and family property divisionHandle it.

5. Henglue Law Firm's Advice

Every duty of the estate administrator entails the responsibility to "cover all losses": if the administrator causes damages to the heirs, legatees, or creditors due to intentional or gross negligence, they shall bear civil liability. Heirs should also not ignore their own obligations - after being elected or appointed as an administrator, they should diligently handle the estate and promptly report major matters. In the judicial practice of Beijing courts, administrators who dispose of the estate without authorization or have unclear accounting records are often held accountable in division litigation. If the boundaries of duties or the division of responsibilities are unclear, it is recommended to consult professional lawyers as soon as possible and, if necessary, to fix rights and responsibilities through litigation.

VI. Frequently Asked Questions

Q1: If the estate administrator fails to perform his duties, can the heirs demand compensation?

Yes. According to Article 1148 of the Civil Code, the estate administrator shall perform his duties in accordance with the law. If he causes damage to the heirs, legatees, or creditors due to intentional or gross negligence, he shall bear civil liability. Common situations include: failing to clear up the estate in time, resulting in the transfer of deposits or the depreciation of real estate; handling the estate without authorization; or neglecting the management of creditor's rights and debts, leading to the forced execution of the estate. The heirs can first fix the evidence of the damage and then demand compensation through litigation. However, if there are merely differences in management methods and no actual damage has occurred, it is generally difficult to obtain support.

Q2: What evidence do I need to prepare to supervise the performance of the estate administrator's duties?

It is recommended to organize evidence around the three aspects of "what should be done, what has actually been done, and what damage has been caused": the list of inheritance and the flow of property changes (to prove the scope of the inheritance and the situation of the assets being disposed of), the management report or notification records (to prove whether the reporting obligations have been fulfilled), the property registration and transaction files (to prove the disposition actions), the debt certificates and repayment records (to prove the handling of creditor's rights and debts), and the proof of the damage consequences (depreciation assessment, loss certificates). If there are many heirs, it is advisable to agree on a joint audit and voting mechanism for major issues, so as to reduce disputes at the source.

Q3: If I hire a lawyer to assist with handling estate management matters, how will the fees be calculated?

There is no unified government pricing for attorney fees. They are usually charged on a piecework basis, as a percentage of the case value, or on an hourly basis, subject to the specific provisions of the agency contract. There are strict restrictions on contingency fees in cases involving marriage and inheritance. The necessary expenses incurred in estate management, such as appraisal, custody, and public announcement, are generally paid from the estate or claimed by the administrator in accordance with the agreement or legal provisions. It is recommended to clarify the charging items, maximum fees, and settlement points before entrusting the attorney, and to keep the invoices to avoid disputes arising from the confusion between fees and expenses.

Q4: How long does it typically take for an estate administrator to complete the division of assets?

Depending on the type of inheritance and the degree of dispute: for simple inheritances such as deposits and vehicles, the process of clearing and dividing the assets may be completed within a few months; for matters involving property transfers, company equity, and assets in other regions, additional time will be required for appraisal, registration, and public announcement, which may take more than a year; where there are major disputes among heirs, litigation procedures are often necessary, with first-instance ordinary procedures typically being concluded within six months and summary procedures within three months. It is recommended that administrators report and proceed with the division of assets promptly after preparing the inventory, to avoid prolonged delays leading to depreciation and suspicion.

Q5: If I find that the estate administrator is acting irresponsibly, what should I do specifically?

There are three steps: First, fix the evidence and retrieve the transaction records, register the information and transaction records to confirm the fact that they have disposed of the assets without authorization or neglected their duties; Second, send a written reminder to require them to report the situation of the estate, recover the disposed assets or compensate for the losses, and keep the communication records; Third, negotiate or litigate. If the reminder is ineffective, you can sue them in court to require them to bear compensation liability. If the circumstances are serious and they are suspected of embezzlement, you can report the case to the public security organ. At the same time, you can negotiate with other heirs to replace the manager or apply to the court for a new appointment.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of rulings 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 Li Yonghui·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.