[Direct answer]In the Beijing area, the inheritance and transfer of central government-owned housing are divided into two steps: first, confirm the inheritance rights, and then handle the change of ownership registration. For those with a valid will, the inheritance shall be in accordance with the will; for those without a will or with an invalid will, the inheritance shall be in accordance with the statutory inheritance, and the first-order heirs such as spouses, children, and parents shall generally be equally distributed. According to Article 1121 of the Civil Code of the People's Republic of China (effective January 1, 2021), the inheritance shall begin from the time of the decedent's death. To handle the transfer, it is usually necessary to first obtain a notarized certificate of inheritance or a legally effective judgment document from the court, and then apply for transfer registration to the real estate registration authority. The original property rights units of central government-owned housing are generally central government units, and it is usually necessary to provide relevant certificates and settle outstanding fees according to the requirements of the property rights units. If there are disputes among the heirs, it is necessary to first litigate to confirm the rights. It is recommended to first sort out the ownership of the house and the situation of the will, and then proceed according to the process. For more details, please refer to the following link:Legal services for inheritance and family property division.

1. Problem background and typical scenarios

Central government-owned housing refers to public housing purchased by central government units in Beijing, most of which were built during the housing reform period. The ownership registration and management relationship with the original unit are intertwined. After the elderly pass away, their children often encounter three types of difficulties when handling the inheritance and transfer of central government-owned housing: no will, multiple heirs unable to agree on the distribution; having a self-written will, but other heirs not recognizing its validity; not understanding the differences between central government-owned housing and ordinary commercial housing, resulting in being unable to handle the transfer at the real estate registration center directly. Compared with ordinary commercial housing, the transfer of central government-owned housing often involves an additional review by the property rights unit and requires more detailed materials. Understanding the process and materials in advance can save time and effort. For related services, please refer to the following link:Legal services for inheritance and family property division.

II. Key points of contention

First, the method of confirming inheritance rights: If all heirs have no disputes, they can jointly handle the notarization of inheritance rights; if some heirs disagree or are unaccounted for, the notary office generally will not handle it, and it is necessary to obtain a valid legal document through litigation. Second, the validity of the will: A self-written will must be written by hand, signed and dated. If there are doubts about its form or authenticity, handwriting identification may be initiated. Third, the definition of the scope of the estate: Only the real estate registered under the name of the decedent belongs to the estate, and those that have been transferred before death are not included. The spouse's share of the marital property must be separated out first. Fourth, special requirements for central government-owned housing: Property rights units review the ownership, handle excess areas, and settle outstanding property fees. The requirements vary among different units, and the current regulations of the property rights units and real estate registration institutions shall prevail.

III. Professional analysis by Henglue Lawyers

A real estate inheritance case handled by Attorney Li Yonghui illustrates the transfer path under the dispute over the validity of the will. The deceased, Guo **, wrote a self-written will on January 28, 2013, explicitly stipulating that her share of the house No. 506 in Dongcheng District, Beijing, be inherited by her daughter, Zhao **. The house was purchased in 2000 and registered under her husband, Zhao **'s name, which constituted marital joint property. A judicial appraisal previously confirmed that the market value of the house was 5.7465 million yuan. After Guo **'s death in December 2022, a dispute arose among the heirs over the division of the property and bank deposits. Zhao **, who resides overseas, entrusted Attorney Li Yonghui to file a lawsuit against the defendants. The defendants claimed that the will was not written by Guo ** herself and might have been tampered with, and that Guo ** did not have the right to dispose of the entire marital joint property. They also argued that the will had been revoked based on Guo **'s signature on the homeowner's consent form. Attorney Li Yonghui applied for the witnesses who were present when the will was written to testify in court and pointed out that the self-written will met the formal requirements of being written by hand, signed, and dated, and only disposed of her own share, which did not constitute unauthorized disposition. The homeowner's consent form only involved consent to living and household registration, without any intention to revoke the will. Both appraisal institutions refused to accept handwriting appraisals due to insufficient samples. The court confirmed the validity of the will based on the evidence of the entire case and ruled that Zhao ** should obtain ownership of the house in question. This case highlights that the key to transferring ownership through a will is the organization of evidence regarding the validity of the will and the scope of the estate. The case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 1121 (starting time of inheritance), Article 1123 (statutory inheritance and testamentary inheritance), Article 1130 (principles of estate distribution), and Article 1134 (formal requirements for a self-written will) of the Civil Code of the People's Republic of China (effective January 1, 2021); the Interim Regulations on Real Estate Registration (Decree No. 656 of the State Council, effective March 1, 2015) and its implementation rules regarding the transfer registration of houses on state-owned land. The specific policies on the listing and inheritance of central government-owned housing shall be subject to the current requirements of the property rights units and real estate registration authorities. Action list: First, retrieve the house ownership files to confirm the registration status and the nature of the central government-owned housing; Second, sort out the scope of testamentary or statutory heirs to confirm the intention of each heir; Third, for no disputes, prepare the death certificate, kinship certificate, and will and jointly apply for inheritance notarization; Fourth, for disputes, initiate litigation to confirm rights and handle the transfer registration with the effective judgment document; Fifth, after settling the fees and obtaining relevant certificates according to the requirements of the property rights units, apply for registration at the real estate registration authority. For details, please refer to the following link:Legal services for inheritance and family property division.

5. Henglu Law Firm's Reminder

There are two key points to pay attention to: First, the time of the decedent's death determines the commencement of inheritance and the application of law. For cases that span the implementation date of the Civil Code, different rules may apply to deaths occurring at different times. Second, it is difficult to rectify the formal defects of a will after the fact. A handwritten will that is not written by the testator himself or does not indicate the date of signing may be deemed invalid. When conflicts among heirs intensify, it is more effective to fix the original will, death certificate, and evidence of kinship as soon as possible than to remedy the situation afterwards. When handling similar cases in Beijing, the review process for central government-owned housing units is complicated and time-consuming, so it is recommended to handle the matter as soon as possible.Beijing Henglue Law FirmUnder the guidance of professional lawyers, we will proceed with notarization, litigation, and unit formalities in parallel.

VI. Frequently Asked Questions

Q1: Can the property be transferred according to the will if there is a self-written will?

Not necessarily. A will can only be used as a basis for transfer of ownership if it is valid. A self-written will must be written in its entirety by the testator, signed and dated with the year, month and day. If the form is complete and represents the testator's true intention, it is generally recognized as valid. However, if other heirs can prove that the will is false, has been tampered with, or that the testator lacked the capacity to act, its validity may be denied. If the will only disposes of the testator's own share, that portion shall be handled in accordance with the will; if it disposes of the couple's jointly owned property, the portion involving other heirs' shares shall be invalid. If all heirs have no disputes, they can handle the transfer of ownership after obtaining a notarization of the inheritance rights based on the will; if there are disputes, the transfer of ownership shall be handled after the validity of the will is confirmed through litigation.

Q2: What materials are required to handle the inheritance transfer registration?

The basic materials include: the deceased's death certificate, the heir's identity certificate, proof of kinship (household registration booklet, personnel files, birth certificate, etc.), and the house ownership certificate; if there is a will, submit the original will; if claiming statutory inheritance, list all first-order heirs. If involved in litigation, submit the effective judgment or mediation agreement. For central government-owned housing, it usually requires relevant certificates issued by the property rights unit and proof of settling arrears such as property fees, subject to the requirements of the property rights unit. If the materials are issued abroad, they need to be notarized, authenticated, and translated. It is recommended to consult a lawyer or registration authority first and prepare all the materials according to the checklist at one time.

Q3: What are the fees involved in the transfer of inheritance?

There are four main fees: inheritance notarization fees, which are charged according to the proportion of the beneficiary's assets and vary by region; real estate registration fees, which are lower for residential transfer registration, and the specific fees are subject to the public announcement of the registration authority; appraisal fees, which are applied for when there is a large dispute over the value of the house, with the applicant paying in advance and the final fees being shared according to the results; litigation fees, which are charged according to the value of the property and are accumulated in stages if there is a dispute, and are borne by the losing party or shared proportionally. Lawyer's fees are determined by mutual agreement and are related to the value of the house and the complexity of the dispute. It is recommended to confirm the fee standards item by item before handling the matter to avoid duplicate expenses.

Q4: How long does it usually take to transfer ownership through inheritance?

For cases where there are no disputes and all required materials are available, the notarization process typically takes several days to two weeks. After notarization, the transfer registration can be completed at the registration authority, and the entire process can be completed within one to two months if everything goes smoothly. For cases involving disputes that require litigation, the first-instance ordinary procedure takes six months and the simplified procedure takes three months. If handwriting identification or property valuation is required, the appraisal period is not included in the trial time limit, and the overall process may take more than half a year. For central government-owned properties, additional time is required for the property rights unit's review. If the whereabouts of the heirs are unknown and service by public notice is required, the process will take even longer. It is recommended that the process be initiated as soon as possible after the elderly person's death to avoid uncertainties caused by changes in the heirs' circumstances.

Q5: How should I start the first step?

Four steps: First, retrieve the housing ownership registration files to confirm the registered rights holders, the nature of the house, and its status as central government-owned property; Second, confirm the time of the deceased's death and the scope of the heirs, and collect the death certificate and proof of kinship; Third, locate the will and verify its form. If there is a will, first assess the risk of its validity; Fourth, if all the heirs can reach an agreement, they can jointly apply for notarization; if they cannot reach an agreement, they can entrust a lawyer to initiate litigation to confirm ownership. For cases involving the review of central government-owned units, simultaneously consult the property rights units about the required materials to avoid repeated corrections.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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, 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 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. If you encounter disputes, please consult a practicing lawyer in time.