[Direct answer]Yes. One of the basic tasks of lawyers in inheritance disputes is to identify the estate and prepare an inventory: According to Article 1147 of the Civil Code of the People's Republic of China (effective from January 1, 2021), it is the statutory duty of the estate administrator to clear the estate and prepare an inventory of the estate; lawyers can act on behalf of the heirs to sort out the ownership certificates, apply for a court investigation order, and inquire into the heir's property such as real estate, deposits, vehicles, equities, and provident funds, and then determine the heirs and their shares according to Article 1127. It is recommended to entrust a lawyer as soon as possible after the inheritance begins. For more details, please refer toLegal services for inheritance and family property divisionAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

After the decedent passes away, the heirs often only have partial clues to the estate: who the property is registered under, how much money is in the bank, whether the provident fund and financial assets can be withdrawn, and how to handle equity and creditor's rights. Typical scenarios include: heirs being scattered across multiple locations and having conflicting opinions on the scope of the estate; one party controlling the equity certificates and mobile banking accounts while other heirs have no access to the account information; the estate includes mortgaged properties, foreign investments, and receivable creditor's rights, making it difficult to determine ownership and value; and concerns that individual heirs might transfer deposits or change registrations first. If the scope of the estate cannot be clarified, it becomes impossible to discuss a family agreement, and it is also easy to overlook or underestimate assets during litigation, or even lose out on a shareable inheritance due to insufficient evidence.

II. Key points of dispute

  • Definition of the scope of inheritance: According to Article 1122 of the Civil Code, inheritance refers to the legal personal property left by a natural person upon his or her death. The spouse's share must first be separated from the couple's joint property (Article 1153). Whether provident funds, insurance proceeds, and equity returns belong to the inheritance is often a matter of dispute.
  • The process of identifying property clues: deposits, securities, real estate, and vehicles are scattered across different institutions, and individuals are not authorized to inquire into others' accounts. Lawyer's investigation orders and court-initiated investigations are the main methods. The scope and timing of the inquiry directly affect the progress of the division of assets.
  • Duty of safekeeping and transfer of risks: According to Article 1151, the person who holds the estate shall properly safeguard the estate, and no one shall embezzle or seize it. If any party is found to have privately transferred or hidden the estate, they may claim a smaller share during the division of the estate.

III. Professional analysis by Henglue Lawyers

Lawyer Hong Luo usually proceeds in three steps when handling inheritance cases: "Asset investigation - property analysis - share determination". Taking a case involving both transfer and statutory inheritance as an example. Li * and Zhou * were a married couple with 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 had a son Li 4 with his ex-wife Xu * and remarried Zhao * on December 28, 2010, without having any children together. The houses at No. 405 and No. 606 in Xicheng District, Beijing, were registered under Li *'s name and belonged to the couple's marital joint property. Li * also had bank deposits under his name. As Li 2's first-tier heir, Zhao * claimed the corresponding shares of the two houses and the division of the deposits, which was opposed by Li 1, Li 3, and Li 4. Therefore, Zhao * entrusted lawyer Xiong Binrong from Beijing Hongluo Law Firm to represent her. After accepting the case, the lawyer sorted out the family relations and property ownership in detail: First, the two houses needed to be analyzed to determine the respective shares of Zhou * and Li * in the marital joint property. Then, the transfer inheritance chain was calculated - Li 2 could inherit 1/8 of each of the two houses, which belonged to his and Zhao *'s marital joint property, with 1/16 of the share being Li 2's inheritance, which Zhao * could legally inherit. Regarding the written waiver materials and audio recordings submitted by the defendants, the lawyer pointed out that the materials only proved Zhao *'s household registration situation and that the audio recordings were made under others' guidance, and Zhao * never explicitly stated that she would waive her right to inherit Li 2's share. After trial, the court ruled that the two houses would be jointly inherited by Zhao *, Li 1, Li 3, and Li 4, with Zhao * owning 4/48 of the shares, and the three defendants owning 16/48, 17/48, and 11/48 respectively. The bank deposits under Li *'s name would be inherited by Li 3, who would pay Zhao * 123,862 yuan and the other two defendants 674,114.66 yuan and 19,287.16 yuan in compensation. This case demonstrates that a systematic asset investigation and share determination are prerequisites for achieving favorable results. For issues involving the recovery and enforcement of deposits, it is also necessary to combine with other legal procedures.Creditor-debtor relations and enforcement case servicesEvaluate the path.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1122 of the Civil Code of the People's Republic of China (effective from January 1, 2021) defines the scope of inheritance; Article 1127 stipulates that spouses, children, and parents are the first-order heirs; Article 1130 stipulates that the shares of heirs in the same order shall generally be equal, and those who have fulfilled the main duty of supporting the decedent may receive a larger share; Article 1152 stipulates that if an heir dies after the commencement of inheritance but before the division of the estate, the share that he/she should inherit shall be transferred to his/her heirs; Article 1153 requires that the spouse's half of the marital property be first identified; Articles 1145 to 1147 establish the system of executors and estate administrators, and it is their statutory duty to clear the estate and prepare an inventory of the estate. At the practical advice level: After the commencement of inheritance, collect the death certificate, kinship certificate, marriage certificate, and property ownership certificates as soon as possible; if the account clues are unclear, apply for an investigation order through a lawyer in litigation to inquire about the bank, real estate registration, provident fund, and securities institutions; for the inventory and disposal of complex inheritances such as equity and creditor's rights, it is advisable to cooperate with a professional inheritance attorney.Business and contract dispute services for enterprisesTeam collaboration; if it is found that there is a risk of the inheritance being transferred, apply for property preservation in time.

5. Henglu Law Firm's Reminder

The inventory of assets is not simply a list of property items, but a fundamental step that involves verifying ownership, evaluating value, and calculating the division of assets. It directly determines the efficiency and outcome of subsequent agreements or litigations. The above-mentioned case of transfer of succession and confirmation of shares was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client. Through a comprehensive investigation of the estate and valuation, the lawyer confirms the client's entitled share of the house and deposits. If you are currently facing a situation where the scope of the estate is unclear and the heirs are in dispute, it is recommended to consult a lawyer and secure evidence as soon as possible to avoid missing the opportunity to protect and claim your rights.

Q1: Can lawyers find all the deposits and properties under the name of the deceased?

It is generally possible within the litigation process. Heirs who inquire about others' bank accounts on their own will usually be rejected by the institutions. However, after a lawyer files a lawsuit on their behalf, they can apply to the court for an investigation order to inquire into banks, real estate registration centers, provident fund management centers, securities companies, vehicle registration offices, etc. one by one. It is necessary to provide as much information as possible about the opening bank, account number, and property address to improve efficiency. According to Article 1147 of the Civil Code (effective January 1, 2021), it is the legal duty of the estate administrator to clear up the estate and prepare an estate inventory. In practice, it is advisable to first sort out existing clues such as deposit books, bank cards, and screenshots of mobile banking, and then let the lawyer conduct the inquiry to avoid missing any hidden assets.

Q2: What items should generally be listed in an inheritance inventory?

It typically includes: real estate (property location, property rights certificate number, registered shares, and mortgage status), bank deposits and wealth management products (bank, account, balance), vehicles, equity and investment, balance of provident fund and pension accounts, cash value of insurance, creditor's rights and debts, and valuables. Each item of property should be noted with the ownership certificate and the acquisition time. If it belongs to the couple's joint property, it shall first be allocated half according to Article 1153 and then included in the estate. The inventory is also the basis for the division agreement and litigation claims. It is recommended that all heirs sign and confirm it, or that a lawyer provide a written review opinion to reduce subsequent disputes.

Q3: What should I do if I find that someone has secretly transferred the money from the deceased's account?

First, save evidence such as bank statements and transfer records, and require the occupant to explain the purpose and use of the funds. For reasonable expenses such as the funeral and medical treatment of the deceased, they can be deducted in accordance with the actual situation when dividing the estate. If the purpose cannot be explained, according to Article 1151 of the Civil Code (effective January 1, 2021), no one may embezzle or seize the inheritance. The court may sue to recover the funds and include them in the unified distribution of the estate. The court may also, in accordance with Article 1130, reduce the share of the party who conceals or transfers the inheritance. If no agreement can be reached, the parties should sue and apply for property preservation as soon as possible to prevent the funds from being further transferred.

Q4: After the inventory, it was found that the inheritance is not enough to pay off the debts. Should I still inherit it?

According to Article 1161 of the Civil Code (effective January 1, 2021), the heirs shall pay off the taxes and debts that the deceased should have paid according to law within the actual value of the inherited estate. Any amount exceeding the actual value of the estate that they voluntarily repay shall not be subject to this limitation. Those who renounce their inheritance may not bear the responsibility for repayment. Therefore, inheritance does not necessarily mean "losing out": First, lawyers will conduct debt verification and estate valuation, and then decide whether to accept or renounce the inheritance. Those who have already inherited will only bear the responsibility for repayment within the scope of the estate, and their personal assets will not be affected. Renunciation of inheritance must be expressed in writing before the estate is dealt with.

Q5: How long does it usually take and how much does it cost to litigate an inheritance dispute?

In terms of time, cases applying the simplified procedure are generally concluded within three months from the date of filing; cases involving complex circumstances, requiring appraisal or multiple rounds of investigation and evidence collection, are transferred to the ordinary procedure, and are generally concluded within six months. Under special circumstances, the time limit may be extended with approval. In terms of fees, the case acceptance fee is calculated in accordance with Article 13 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), which is cumulative based on the amount of the dispute. For cases with a dispute amount of no more than 10,000 yuan, the fee is 50 yuan per case; for cases with a dispute amount of more than 10,000 yuan but no more than 100,000 yuan, the fee is 2.5% of the dispute amount. There are also actual expenses such as appraisal fees and preservation fees, and the attorney's fee is negotiated based on the workload and the subject matter of the case. Completing the inventory of the estate and fixing the evidence before suing can significantly shorten the litigation period.

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 Xiong Binrong·Beijing Henglu Law Firm