[Direct answer]It's useful. In the absence of a will, the inheritance shall be handled in accordance with the statutory succession: According to Articles 1123 and 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021), the first-order heirs are the spouse, children, and parents. In principle, the inheritance shall be distributed equally among the heirs of the same order. Those who have fulfilled their main obligations of supporting the deceased or lived together with the deceased may receive a larger share (Article 1130). In practice, disputes often focus on the identification of heirs, the division of marital joint property, the handling of special real estate (military-owned housing, housing reform housing, rural housing) and the calculation of the discounted value. Lawyers can sort out evidence, investigate the estate, design a division plan, and represent clients in litigation to confirm ownership. For cases involving real estate shares or disputes among multiple parties that cannot be resolved, it is recommended to engage a professional inheritance lawyer as soon as possible.

I. Legal basis and interpretation of provisions

1. Article 1123 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

After the succession begins, it shall be handled in accordance with statutory inheritance; where there is a will, it shall be handled in accordance with the inheritance or bequest according to the will; where there is a bequest and support agreement, it shall be handled in accordance with the agreement. This article establishes the order of "agreement first, will second, statutory fallback". The absence of a will does not mean there are no statutory rules. Statutory inheritance itself is a complete distribution framework. The first step in a dispute is always to determine whether there are priority bases such as a will or a bequest and support agreement, and then proceed to the statutory track.

2. Article 112 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Legal inheritance is divided into two orders: the first order includes spouses, children, and parents; the second order includes siblings, grandparents, and maternal grandparents. After the inheritance begins, the first-order heirs inherit, and the second-order heirs do not participate. Children include those born in wedlock, those born out of wedlock, adopted children, and stepchildren with whom there is a supportive relationship. Disputes over the scope of heirs (such as whether stepchildren form a supportive relationship, subrogated inheritance, or transfer of inheritance) directly determine who is eligible to divide the estate and are the most common preliminary disputes in legal inheritance disputes.

3. The interpretation of the case by the court

The court's usual approach to handling intestate succession is as follows: First, identify half of the couple's joint property as belonging to the spouse, then determine the scope and order of the heirs; the shares shall be distributed equally in principle. According to Article 113 of the Civil Code, those who have fulfilled their main support obligations and lived together with the decedent shall receive a larger share, while those who have the ability to support but failed to fulfill their obligations shall receive a smaller share. The parties must provide sufficient evidence of the support facts. Special real estate shall be handled in accordance with relevant policies: the ownership of public housing shall be determined based on the purchaser's eligibility and policies rather than the contribution. Although military-owned housing is subject to listing restrictions, the court can still determine the proportion of each party's shares. The litigation fees shall be paid in installments according to the provisions of Article 13 of the "Measures for the Payment of Litigation Fees" (effective April 1, 2007), based on the value of the property involved in the litigation.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:Wang *1 and Zhang *1 were originally married and had a daughter, Wang *2. Wang *1's mother, Liu *, died in February 2007. Wang *1 died in November 2014 without leaving a will, leaving behind a house located at No. 402 in Haidian District, Beijing. The house was a military-owned property, with Wang *1 holding a 94% ownership stake and a certain factory holding a 6% stake. The house was registered under Wang *1's name. The legal heirs were his father, Wang *, his wife, Zhang *, and their daughter, Wang *2. The three parties had different opinions on the distribution of the property and therefore sued the court. The defendant argued that military-owned properties cannot be traded on the market and cannot be inherited and transferred according to policy. The 94% share belongs to the couple's joint property, and the defendant claimed that since he had fulfilled more support obligations, he should receive a larger share. Wang * appointed Beijing Henglu Law Firm to handle the case.Yu DawaiThe lawyer is acting on behalf of his client and hopes to obtain a fair verdict.

The focus of the controversy:First, whether some military-owned properties with partial ownership can be inherited and how they should be divided; second, whether the 94% share belongs to the marital joint property of Wang *1 and Zhang *; third, whether the party claiming to have fulfilled more obligations of supporting the elderly should provide sufficient evidence to support their claim for a larger share of the property.

Our position and the position of the other party are as follows:The plaintiff requested that the involved house be divided according to law and the proportion of each party's share be specified; the defendant, however, raised objections on the grounds of the restrictions imposed by the military housing policy, the nature of the joint property, and the justification for granting a larger share for support purposes, and thus disagreed with the plaintiff's division proposal.

Attorney's Strategy and Legal Opinions:Attorney Yu Dawei proceeded in four steps: First, he carefully reviewed the facts of the case, examined the purchase materials, and identified key points such as the purchase time, the proportion of ownership, and the death dates of each heir. Second, he conducted in-depth research on the special provisions for the division of military-owned housing, providing a legal basis for the court to handle the share distribution. Third, he actively presented evidence and cross-examined witnesses, pointing out that the other party's claim for a larger share of the inheritance lacked sufficient evidence. Fourth, he proactively communicated with the court and the factory housing management department to confirm that the court could still determine the respective share ratios of the military-owned housing, clearing the way for subsequent processing.

The court's reasoning and the outcome of the case:The court determined that the house was a marital joint property acquired by Wang *1 and Zhang * during their marriage. First, 50% of the house was allocated to Zhang *, and the remaining 50% was divided as inheritance according to law. The factory explicitly stated that the remaining 6% only involved making up for the unpaid housing payment and agreed to let the court handle all the property rights. The defendant's defense was not accepted. Zhang *, as a spouse, lived with the decedent and provided more care, so she was awarded a larger share. Wang *2's claim for a larger share was not supported due to insufficient evidence. The final judgment is that House No. 402 is jointly owned by Wang *, Wang *2, and Zhang * in proportion, with their respective shares being 12.5%, 12.5%, and 75%. This case shows that even without a will, disputes can still lead to clear and enforceable share conclusions through professional sorting out.

This case is handled by Beijing Henglu Law FirmYu DawaiThe attorney (practice license number: 11101201010292290, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: How is a house divided without a will?

First, determine whether the house belongs to the couple's joint property. If it does, the spouse's share should be separated out first; the remaining half will be treated as inheritance and distributed equally among the first-order heirs, including the spouse, children, and parents. Those who have fulfilled their main duty of supporting the decedent or lived together with them for a long time may claim a larger share, but they must provide evidence such as support, medical care, and cohabitation. The house can be owned by one party, who will pay a discounted price to the other heirs based on the appraised value to avoid physical division.

Q2: Can lawyers help to investigate the inheritance of the deceased?

Yes. After filing a lawsuit, the lawyer can apply for an investigation order to inquire into the information such as the bank deposits, wealth management products, securities, provident funds, vehicles, and property registrations under the name of the decedent; for the accounts and certificates held by individual heirs, the lawyer can require the other party to declare and provide relevant information through litigation procedures. Clarifying the scope of the estate is a prerequisite for a fair division, and most of the information that cannot be obtained by oneself is resolved through this step.

Q3: How much does it cost to resolve an inheritance dispute?

The court acceptance fee shall be paid in accordance with Article 13 of the "Measures for the Payment of Litigation Costs", which stipulates that the fee shall be paid in stages based on the value of the property involved. The higher the value of the property, the lower the fee rate will be. Lawyer's fees are negotiated and determined based on the scale of the property, the difficulty of the dispute, and the stage of representation. For housing-related disputes, appraisal fees are usually required. The quotations of different law firms vary greatly. It is recommended to request a written fee proposal during the consultation to clarify the billing method and the services included.

Q4: How long does an inheritance lawsuit usually last?

For cases tried in summary procedure at the first instance, they are generally concluded within three months from the date of filing; for cases tried in ordinary procedure, they are generally concluded within six months, and the period may be extended according to law if the case is complex. Most inheritance disputes involve appraisal, adding parties or investigation and evidence collection, and the actual period is usually around half a year; those that can be settled through mediation can significantly shorten the period. It is crucial to sort out evidence and plans as early as possible to shorten the period.

Q5: If there are no serious family conflicts, is it still necessary to hire a lawyer?

Depending on the circumstances. If there is no dispute over the scope of heirs or the scope of property among all parties, they can simply negotiate or handle the inheritance notarization; once disputes arise over property shares, policy-based housing, stepchildren in remarried families, multiple wills or the flow of deposits, the legal relationship will become significantly more complex. Professional intervention can help avoid unfair distributions, omissions, or procedural delays. If you're unsure, you can first seek paid consultation before deciding whether to entrust the entire process to a professional.

IV. Suggestions for Protecting Rights and Interests

  • First, fix the basic materials: death certificates, proof of kinship, real estate and deposit certificates, and the deceased's medical records and support records. At the same time, keep evidence of fulfilling the main support obligations.
  • Check whether there is a will, a testamentary support agreement, or a lifetime gift, to avoid the situation that the priority basis is omitted after the legal inheritance proceeds.
  • For policy-based properties such as military-produced housing and housing reformed by the government, first verify the conditions for disposal with the property rights unit and the housing management department, and then discuss the share and the discounted price.
  • If no agreement can be reached, sue the other party as soon as possible and apply for an investigation order to check their assets to prevent them from transferring or withdrawing deposits. You can refer to the litigation plan for more details.Legal services for inheritanceor viaBeijing Henglu Law FirmLearn from the experience of similar cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Yu Dawai·Beijing Henglu Law Firm