[Direct answer]The litigation process for inheritance disputes consists of five steps: 1. Determine jurisdiction. Inheritance disputes are exclusively under the jurisdiction of the court where the decedent resided at the time of death or where the main inheritance is located. For cases involving real estate in Beijing, the jurisdiction typically falls under the court of the district where the property is located. 2. Prepare the complaint and evidence, including the death certificate, proof of kinship, marriage certificate, property ownership certificate, bank account statements, and the original will. 3. File the case and pay the fees. According to Article 122 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2024), the case must involve a direct interest, a clear defendant, and specific claims and factual grounds. 4. Conduct court hearings, cross-examinations, and mediation. 5. Issue a judgment. The first-instance ordinary procedure typically concludes within six months. For complex issues such as calculating inheritance shares, transferring inheritance rights, or disputes over the validity of wills, it is recommended to hire a lawyer to handle the case. For more details, please refer to the relevant provisions.Legal services for inheritanceAndBeijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

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

After the inheritance begins, it shall be handled in accordance with the statutory inheritance; where there is a will, it shall be handled in accordance with the inheritance by will or the legacy; where there is a legacy and support agreement, it shall be handled in accordance with the agreement. This article determines the two basic tasks before suing: fixing the validity of the will and identifying the scope of the estate. Whether there is a will and whether the will is valid directly determine whether the claim is "inheritance by will" or "statutory inheritance division"; whether deposits, houses, pensions, rents, etc. belong to the estate or are marital joint property needs to be identified first, and all of these will be included in the litigation requests and the list of evidence.

2. Article 122 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2024)

The lawsuit must meet four conditions: the plaintiff is a citizen, legal person or other organization with a direct interest in the case; there is a clear defendant; there are specific litigation requests and facts and reasons; and it falls within the scope of acceptance by the court and the jurisdiction of the court accepting the case. The plaintiffs in inheritance disputes are usually the inheritors themselves or the transferee inheritors or the subrogated inheritors, and the defendants are other inheritors or the actual possessors of the inheritance. The complaint should list the time of the decedent's death, the scope of the inheritors, the details of the inheritance and the claims for division. If there are missing items, the plaintiff may be required to make corrections.

3. The interpretation of the practical judgment

In practice, cases are often returned for correction due to incomplete proof of kinship or property certificates; courts generally conduct mediation for family disputes first, and if mediation fails, they will schedule a court hearing. In terms of trial time limits, the simple procedure takes three months, and the ordinary procedure takes six months. Cases involving handwriting identification, property evaluation, and announcement service will take much longer. It should be noted that pension and funeral assistance fees arise after the death of the decedent and do not belong to the estate, but courts often handle them together. The rent for the house after the death does not necessarily belong to the estate, and it may need to be claimed separately. The earlier the evidence is fixed, the more proactive the calculation of shares will be.

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

Review of the case:Li * and Zhou * had three sons, Li 1, Li 2, and Li 3; Zhou * died on July 12, 2017, and their second son, Li 2, died on September 8, 2017. Li * died on July 29, 2022. Li 2 and Zhao * registered their marriage on December 28, 2010, but did not have any children. The houses at No. 405 and No. 606 in Xicheng District, Beijing, were registered under Li *'s name and were the couple's jointly owned property. Zhao *, as Li 2's first-line heir, claimed to inherit the house shares and deposits, but was opposed by Li 1, Li 3, and Li 4. They entrusted Beijing Henglu Law Firm to handle the legal matters on their behalf.Xiong BinrongThe lawyer represents the client in filing a lawsuit.

The focus of the controversy:Firstly, whether Zhao * can transfer the inheritance share of Li *2 to her as a remarried spouse; Secondly, how to allocate Li *2's inheritance share from the couple's jointly owned property; Thirdly, whether the written materials and audio recordings submitted by the defendant can prove that Zhao * waived her right to inherit; Fourthly, whether Li *3 can receive a larger share of the inheritance for fulfilling her primary duty of supporting her parents-in-law.

Our position and that of the other party are as follows:Zhao * claimed that she should inherit the corresponding shares of the two houses according to law, and that the three defendants should pay the discounted price and inherit the deposits; Li * agreed to let the court make a judgment, Li *3 defended on the grounds of the distribution agreement reached at the family meeting, and Li *4 claimed that Zhao * had once promised in writing to give up her inheritance rights.

Attorney's Strategy and Legal Opinion:Attorney Xiong Binrong argued that if an heir dies before the inheritance is divided and does not waive their inheritance rights after the inheritance begins, their share of the inheritance should be transferred to their own heirs. Li 2 should inherit two sets of houses, each of which accounts for one-eighth of the total. This share constitutes Li 2's marital joint property with Zhao Mou, of which one-sixteenth is Li 2's inheritance, and Zhao Mou has the right to inherit it. Property inherited during the marriage belongs to the joint property of the couple, and the savings should be inherited by the legal heirs in accordance with the law. The defendant's written materials only prove that Zhao Mou's household registration was at the house where the property is located, and the audio recording was guided by others. Zhao Mou never explicitly waived her inheritance rights, and the notarized will was not completed. Therefore, the inheritance should proceed in accordance with the law.

The court's reasoning and case handling results:The court adopted the lawyer's core opinion and ruled that Houses No. 405 and No. 606 would be jointly inherited by Zhao*, Li*, Li*, and Li*. Zhao* would each hold a 48/168 share, and the three defendants would respectively hold a 16/168, 17/168, and 11/168 share. The bank deposits under Li*'s name would be inherited by Li*, who is primarily responsible for supporting Li*, and Li* would be awarded additional shares as appropriate. Li* would pay Zhao* a discounted price of 123,862 yuan. This case fully completed the litigation, evidence presentation, court hearing, and judgment process, demonstrating that the preparation of evidence at each stage of the process directly determines the outcome of the share distribution.

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: Which court should I go to sue in a succession dispute?

A lawsuit initiated due to an inheritance dispute shall be exclusively jurisdictional by the court of the deceased's domicile or the location of the main inheritance at the time of the decedent's death. If the inheritance is mainly composed of real estate in Beijing, it is usually jurisdictional by the court of the district where the property is located; if the deposits and equity are scattered, the jurisdiction shall be determined by the main inheritance. Exclusive jurisdiction excludes agreement provisions. Before filing a lawsuit, check whether you are a qualified heir and fix the jurisdiction link points first.

Q2: What evidence do I need to prepare for a succession lawsuit?

The five core documents include: the deceased's death certificate; proof of kinship (household registration files, birth certificates, and personnel files from the deceased's workplace); proof of marital status (marriage certificates, divorce agreements, especially those involving remarriage and stepchildren, which require complete documentation); property certificates (property ownership certificates, purchase contracts, bank account statements, and shareholding certificates); and the original will and video recordings of the will-making process, as well as clues about the witnesses. For those claiming a larger share of the inheritance, additional proof of filial piety, such as caregiving and medical assistance, should also be provided.

Q3: How are the litigation costs for inheritance cases calculated?

The case acceptance fee shall be paid in accordance with Article 13 of the "Measures for the Payment of Litigation Costs" (effective from April 1, 2007), calculated cumulatively based on the value of the estate. For real estate, the subject matter value is generally calculated based on the appraised value or market price. The higher the subject matter value, the higher the fee will be, and the losing party or the party bearing the liability in proportion to the share shall ultimately bear the cost. The attorney's fee shall be determined through consultation between the client and the law firm and signed in a written contract. Before filing the case, you can use the litigation fee calculator to estimate the fee in advance to avoid paying too much due to errors in the subject matter value claim.

Q4: How long does it typically take to resolve an inheritance lawsuit?

The simple procedure will be concluded within three months, and the ordinary procedure within six months; if one party applies for handwriting identification, property evaluation, or service by announcement of unknown whereabouts, the process will be extended by several months; if either party appeals after the first-instance judgment, the second-instance process will take three to four months. The longer the dispute period is, the more disputed points there are, such as the validity of the will, transfer of succession, and the status of stepchildren. Therefore, it is crucial to fix evidence and clarify claims as early as possible to shorten the litigation period.

Q5: In the absence of a will, how are the inheritance assets distributed in what order?

According to Article 1127 of the Civil Code, the inheritance shall be handled in accordance with the statutory succession: the first order of succession includes the spouse, children, and parents; the second order includes siblings, grandparents, and grandparents-in-law. Generally, the shares of inheritance in the same order shall be equal, but those who have fulfilled the main obligation of supporting the decedent or lived together with him/her may receive a larger share; if the children die before the decedent, their younger direct blood relatives shall succeed them in their place. If an heir dies before the division of the estate and has not waived his/her right to inheritance, the trans-succession shall apply. In the case of remarried families, it is necessary to first separate out the shares of the surviving spouse in the marital joint property.

IV. Suggestions for Protecting Rights

  • Before filing a lawsuit, it is necessary to make a list of the estate, distinguishing between the couple's joint property, pensions, and true inheritance, in order to avoid errors in the scope of the claim.
  • Obtain the death certificate, household registration file, and marriage file as soon as possible. Evidence of kinship is the first step in filing a case.
  • The party holding the will simultaneously records the process of making the will and the witnesses' information to prevent disputes over formal requirements.
  • During the negotiation, you can refer to the court's mediation mechanism to seek a discounted payment plan, so as to avoid the house being forcibly auctioned and divided.
  • For complex issues such as transfer of succession and the status of stepchildren, it is advisable to consult a lawyer as soon as possible to devise a litigation strategy.

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