[Direct answer]Yes. A lawyer specializing in inheritance by will can not only represent clients in litigation but also assist them throughout the entire process of handling inheritance procedures. If the decedent has left a notarized will and the heirs have no objections, they can directly apply for real estate registration by providing the notarized will, death certificate, proof of kinship, and certificate of ownership of immovable property, etc. However, if the will has not been notarized or the heirs have different opinions, it is usually necessary to obtain a notarized certificate of inheritance rights or file a lawsuit for inheritance disputes with the people's court, and then handle the transfer of ownership after obtaining the notarized certificate or a valid judgment. According to Article 1139 of the Civil Code of the People's Republic of China (effective January 1, 2021), notarized wills are handled by notary offices, but the law does not stipulate that the transfer of ownership in inheritance must be notarized.

I. Legal basis and interpretation of provisions

1. Article 1139 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The article stipulates that notarized wills shall be handled by the testator through a notary office, and relevant real estate registration and ownership disputes can be referred to our firm for consultation.Property Sales and Purchases | Construction ProjectsThe column. A notarized will is subject to review by a notary office regarding the testator's identity, their expression of intent, and the legality of its content. It has strong probative force in form and is relatively convenient to provide evidence in the event of a dispute. The key points of application in this case are: a notarized will is a smoother type of proof in the handling of inheritance procedures. The heirs can apply for registration with the notarized certificate or the notarized will, along with other materials. However, it should be noted that notarization of the will and notarization of the right of inheritance are two different matters. The former proves the authenticity and legality of the will, while the latter confirms the scope and share of the heirs. In practice, transferring ownership often requires the latter or a valid judgment document.

2. Article 230 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The provision stipulates that the acquisition of property rights through inheritance takes effect from the beginning of the inheritance. Its legal significance is that the heirs acquire the property rights to the inheritance from the moment of the decedent's death. The registration process is merely a prerequisite for external publicity and subsequent disposition, rather than a condition for the acquisition of rights. The key points of application in this case are: even if the house has not been transferred for many years, the heirs' rights to the inheritance still exist, and they can request confirmation and registration; when other heirs refuse to cooperate and cause obstacles to the registration, they can file a lawsuit to confirm the rights, and use the effective judgment as the basis for registration. At the same time, there are risks if registration is not carried out for a long time. The house may be sold or mortgaged by the nominal owner, so the heirs should complete the formalities as soon as possible after the inheritance facts are clear.

3. The interpretation of the practical cases by the judges

When the Beijing District Court hears inheritance disputes, it usually supports the requests to confirm inheritance rights and order assistance in handling the transfer registration, and clearly states the shares of each party and the obligation to assist in the main body of the judgment. If the will is in the form of a self-written, proxy-written, or printed document, the court will focus on reviewing whether the signatures, dates, and witnesses are complete. For defects such as alterations and missing dates, it will require the claimant to provide additional explanations or apply for appraisal; for forged or tampered documents, it will legally determine the corresponding parts as invalid. As for the registration authority, in practice, it generally requires a notarized certificate of inheritance rights or a valid judgment document. In some cases, all the heirs may jointly apply for direct registration. If the party refuses to cooperate after the judgment takes effect, the rights holder may apply for compulsory enforcement.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:This case involves a dispute over inheritance by will. The decedents, Wang Zhiguo and Zhang Hua, were a married couple. They purchased a house at No. 201 in Changping District, Beijing during their marriage, and the house was registered under Wang Zhiguo's name, which was considered a joint marital asset.

The focus of the controversy:Firstly, when the content of the notarized will of 2002 conflicts with that of the self-written will of 2006, which one takes precedence? That is, can the self-written will revoke or amend the previous notarized will? Secondly, does Wang Li have the right to inherit? Does the receipt she issued on July 6, 2006, acknowledging receipt of the compensation of 60,000 yuan from Zhang Hua, constitute an amendment to the content of the will?

Our position and the other party's position are as follows:The plaintiff, Wang Gang, sued on the basis of Zhang Hua's 2006 self-written will, demanding to inherit the house involved in the case, and submitted a receipt for Wang Li's receipt of 60,000 yuan in compensation, claiming that the content of the will had been changed and that Wang Ming should enjoy the right of inheritance.

Attorney's Strategy and Legal Opinion:Attorney Zhu Guiying comprehensively reviewed the evidence and clarified the legal relationships, forming four points of legal advice. Firstly, regarding the application of law, all the decedents died before the implementation of the Civil Code of the People's Republic of China, and the legal fact of inheritance occurred before its implementation. Therefore, the Inheritance Law of the People's Republic of China at that time should be applied.

The court's reasoning and the outcome of the case:The court adopted the attorney Zhu Guiying's legal opinion (regarding the dispute over the performance of the obligation-attached agreement, please refer to our firm's legal opinion)..

After the completion of the inheritance procedures, if there is a need to handle any further mattersTransfer of ownership of a houseFor registration, please refer to the relevant service section of our firm's website. This case is handled by Beijing Henglu Law Firm.Zhu GuijingAttorney (Practice Certificate No.: 11101202011246828, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Henglue Law Firm reminds you: The prerequisite for handling inheritance procedures are to first clarify the validity of the will and the scope of the heirs.

III. Frequently Asked Questions

Q1: Can a lawyer specializing in testamentary succession assist the heirs in handling the succession procedures?

Yes, this is a common non-litigation service provided by lawyers. According to Article 1139 of the Civil Code of the People's Republic of China (effective January 1, 2021), a notarized will shall be handled by the testator through a notary office. If the decedent has made a notarized will before his death and the heirs have no objection, they may apply to the real estate registration authority for the transfer of ownership by providing materials such as the notarized will, the death certificate, the proof of kinship, and the certificate of ownership of immovable property.

Q2: How to handle the transfer of house inheritance without a notarized will?

There are two paths. The first is the notarization of inheritance rights: After all the heirs reach a consensus, they go to the notary office together to apply for the notarization of inheritance rights, and submit the deceased's death certificate, the proof of kinship, the original will, the house ownership certificate, the identity certificates of all the heirs, etc. After the notarial certificate is issued, they can use it to handle the registration of real estate.

Q3: What materials are needed to handle the inheritance procedures?

Usually, five types of materials are needed.

Q4: Can the inheritance procedures be entrusted to a lawyer to handle entirely?

Yes, but for some matters, the client must be present in person. A lawyer can be entrusted to review the will and family relationships, compile a list of heirs, draft inheritance agreements and property division plans, prepare lawsuits and defense statements on behalf of the client, apply for notarization and real estate registration on behalf of the client, and participate in litigation and mediation on behalf of the client.

Q5: If the inheritance procedures cannot be completed, can I sue someone?

Yes. When the heirs have disputes over the validity of the will, the scope of the estate, or the proportion of shares, or when individual heirs do not cooperate in signing documents or the notary office refuses to accept the application, it is a common and effective approach to request the people's court of the residence of the decedent or the location of the main estate to confirm the inheritance rights, divide the estate, and order the assisting in the transfer of ownership at the time of the decedent's death.

IV. Suggestions for Protecting Rights

  • If the decedent is still alive and has property, it is recommended to plan ahead: make a will in a legal form such as a self-written, proxy-written, printed, or notarized one, and keep the evidence of the process of making the will to reduce the obstacles to the inheritance procedures from the source.
  • Before handling the inheritance procedures, first check the formal requirements of the will: whether it is handwritten, signed, and marked with the date; whether there are more than two witnesses for the will written by a proxy or printed, and whether they have signed each page. If any problems are found, they should be rectified in time.
  • For cases where there are no disputes among the heirs, it is preferable to follow the notarization path for inheritance rights. Preparing all the necessary materials at once can significantly shorten the processing time. For cases involving disputes or where some parties are uncooperative, it is necessary to promptly file a lawsuit to confirm the rights and apply for forced execution.
  • When encountering the situation of multiple wills coexisting, it is necessary to first determine the time of occurrence of the legal facts and the applicable law, and then decide which one to take as the basis. Do not simply choose one based on the chronological order without further consideration.
  • For inheritances involving major assets such as houses and equities, it is recommended to entrust a professional inheritance lawyer to assist throughout the entire process, from preparing materials, making appointments for notarization, to registering the transfer of ownership and acting as a litigation agent, ensuring that everything is handled properly.

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. →Inheritance | Legal Services for Division of Family Property·Attorney Zhu Guiying·Beijing Henglue Law Firm