[Direct answer]Yes. According to Article 1126 of the Civil Code of the People's Republic of China (effective from January 1, 2021), inheritance rights are equal for men and women; Article 1127 lists children as the first-order heirs, and being married, moving out of the household registration area, or living with the husband's family after marriage do not result in the loss of inheritance rights. Daughters and sons generally receive equal shares in the same order (Article 1130). Those who have fulfilled their main support obligations or lived with their parents can receive a larger share. If someone refuses to allocate the inheritance on the grounds that "a daughter who has married is like water spilled on the ground," the daughter can negotiate or sue to claim her rights according to Article 1132. For more solutions, please refer to the following link:Legal services for inheritance and division of family assetsAndBeijing Henglu Law Firm.

I. Problem background and typical scenarios

In traditional concepts, the belief that "a daughter who marries away from home cannot return to share in the family inheritance" still holds sway. In practice, it's not uncommon for married daughters to be excluded from inheritance: after the parents' death, the eldest son and his wife handle the division of assets, with property and savings only distributed among sons; daughters who have long cared for their parents may be denied or receive a smaller share on the grounds that they "have married away from home"; when parents verbally promise that the property will go to sons, daughters may not agree with this; in remarried families, daughters' inheritance rights may be questioned by their stepmothers or half-siblings. Legally, daughters' inheritance rights are completely equal to those of sons. The disputes focus on proof of eligibility, calculation of shares, and the provision of evidence of caregiving contributions. If handled improperly, it can easily lead to a situation where both family affection and property are damaged.

II. Key points of contention

  • Dispute over inheritance rights: There is no legal basis for denying daughters' inheritance rights on the grounds of marriage, moving to another village, or having their household registration transferred out. Article 1127 defines "children" to include legitimate children, illegitimate children, adopted children, and stepchildren with whom there is a supportive relationship.
  • Shares and support contributions: Generally, shares are equal within the same order of succession. However, those who have fulfilled their main support obligations to the decedent or lived together with them may receive a larger share. Those who have the ability and conditions to provide support but fail to fulfill their obligations should not receive a share or receive a smaller share. The evidence of support has become a key point of contention in legal disputes.
  • Will and oral promises: If the parents have a legal will, the inheritance shall be handled in accordance with the will (Article 1123). A simple oral promise does not have the effect of a will. The part dealing with the distribution of the spouse's jointly owned shares is invalid and must first be divided in accordance with Article 1153.

III. Professional analysis by Henglue Lawyers

When a married daughter claims inheritance, the outcome often depends on the organization of evidence and the clarification of the family's property history. A case handled by Henglue Law Firm is representative of this. Zhang Shufen and Wang Hongtu were a couple and had two children, Wang Wei and Wang Yuhong. Wang Hongtu died in 2018, and Wang Wei and Zhang Shufen passed away in 2023. Wang Yuhong claimed that the No. 601 house was a welfare housing unit purchased in her father's name, with the contract signed by Wang Hongtu, the purchase payment made by him, and the house being occupied by him throughout. She therefore sued to request Wang Sisi's assistance in transferring ownership. Wang Sisi disagreed, arguing that the house was her grandmother Zhang Shufen's inheritance, which had been disposed of by a self-written will on May 6, 2023. She appointed Xue Shuhua, a lawyer from Beijing Henglue Law Firm, to defend the case. After reviewing the evidence, the lawyer argued: First, Wang Yuhong failed to provide evidence of a written or oral agreement to purchase the house under another's name. Only Wang Hongtu had the eligibility to purchase the house, and the contract was not signed by him. Second, Wang Yuhong's 2011 written certificate only stated that the house would belong to her after her parents' death, without indicating that the legal rights holder had been changed to herself. Third, Wang Yuhong had previously explicitly waived her inheritance rights to Wang Hongtu's estate at the notary office, so her claim of ownership under another's name lacked legal basis. The lawyer submitted notarial certificates, real estate donation contracts, written certificates, and Zhang Shufen's will as evidence, requesting that all of Wang Yuhong's claims be dismissed. The court also found that the effective judgment of June 19, 2024 had confirmed that Zhang Shufen's self-written will of May 6, 2023 was valid and that the No. 601 house belonged to Zhang Shufen's estate. Both the first-instance and second-instance courts rejected Wang Yuhong's claim of purchasing the house under another's name, and the house was ultimately inherited by Wang Sisi and Wang Yuhong in equal shares, with the pension and funeral expenses also divided equally between them. The determination of the claim of purchasing the house under another's name was based on the evidentiary burden rules in Article 90 of the Interpretation of the Civil Procedure Law of the People's Republic of China (effective February 4, 2015). Notably, the court did not deny Wang Yuhong's inheritance rights as a daughter - she ultimately legally obtained 50% of the property share. What was rejected was her claim of ownership under another's name, which lacked evidence of a mutual agreement. The rules of dividing marital joint property and the marriage property system intersect, and similar issues can be referenced.Divorce litigation and legal services for family disputes.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1126 of the Civil Code of the People's Republic of China (effective January 1, 2021) explicitly stipulates that inheritance rights are equal for men and women; Article 1127 stipulates that children are the first-order heirs; Article 1130 stipulates that shares are generally equal and provides for cases of receiving more or less shares; Article 1131 allows those who rely on the decedent for support to receive a share of the inheritance as appropriate; Article 1153 requires first calculating the spouse's share; and Article 1141 reserves the mandatory reserved share. Regarding procedures and fees: Article 13 of the Measures for Payment of Litigation Fees (effective April 1, 2007) stipulates that inheritance cases shall pay acceptance fees in accordance with the disputed amount: for amounts not exceeding 10,000 yuan, the fee is 50 yuan per case; for amounts exceeding 10,000 yuan but not exceeding 100,000 yuan, the fee is 2.5%; for amounts exceeding 100,000 yuan but not exceeding 200,000 yuan, the fee is 2%, and the rate decreases accordingly. At the practical advice level: Collect proof of kinship, death certificates, proof of parents' marital status, and real estate deposit certificates as early as possible; retain medical records, transfer records, and community and neighborhood certificates to claim a larger share; for special claims such as borrowing a name or providing funds, it is essential to have written agreements to support them, otherwise it will be difficult to obtain support.

5. Henglu Law Firm's Reminder

Daughters' inheritance rights are protected by law equally, but "equality" does not mean automatic entitlement: they need to prove their qualifications, calculate their shares, provide evidence of their contributions, and first separate their joint shares in family property. The above-mentioned case was handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the documents issued by the judicial administrative organ) acted on behalf of the client. In the end, the daughter, Wang Yuhong, legally obtained a 50% share of the property, while her claim of using someone else's name to acquire the property, which lacked contractual evidence, was rejected by the courts at both levels. Whether it's claiming a share or responding to unreasonable exclusion, it is recommended to consult a lawyer as soon as possible and prepare evidence and solutions before litigation.

Q1: Is the inheritance share of a daughter who marries off equal to that of a son?

In principle, it is consistent. According to Article 1130 of the Civil Code (effective from January 1, 2021), the shares of inheritance of the same-order heirs should generally be equal; heirs who have special difficulties in life and lack working capacity should be taken care of; those who have fulfilled the main supporting obligations to the decedent or lived with the decedent can receive a larger share; and those who have the ability and conditions to support but fail to fulfill their supporting obligations should not receive a share or receive a smaller share. Therefore, daughters and sons start from the same point, and the final share fluctuates with the amount of support invested and the degree of life difficulties. Whoever claims a larger share should provide evidence such as care records, medical signatures, and expense certificates.

Q2: My daughter's household registration has already been transferred out, and she has been living in another city for many years. Can she still inherit the property?

Yes. The right of inheritance is not lost due to marriage or changes in household registration. Article 1127 only judges eligibility based on the status of "children". The transfer of household registration only affects rights and interests associated with the status of members of collective economic organizations, such as residential land and contracted land. Properties such as houses, savings, and shares can still be inherited normally. In practice, it should be noted that it is difficult for those who have not lived with their parents for a long time to claim a larger share. If brothers have fulfilled their main obligations of supporting their parents, the court may give them preference. Daughters can use evidence such as visitation records, payment of living expenses, purchase of items, and accompaniment to medical treatment to prove that they have fulfilled their obligations of supporting their parents, and strive for an equal or larger share.

Q3: What evidence is needed to claim inheritance?

\nAt the identity and kinship level: the applicant's birth certificate or a certificate of kinship issued by the public security organ, the parents' marriage or divorce materials, death certificates; At the property level: property ownership certificates, bank account information, deposit slips, vehicle and equity certificates. If the property involves marital joint ownership, the surviving spouse's share shall be allocated in accordance with Article 1153; At the contribution level: alimony transfer records, medical accompaniment and signature documents, community or neighborhood certificates. For evidence that is insufficient, the applicant may apply for a court investigation order to supplement the investigation after filing the lawsuit. The more complete the materials are, the shorter the mediation and judgment period will be. It is recommended to file the materials according to the checklist before filing the lawsuit.

Q4: How much does it cost and how long does it take to litigate a succession case?

The fee is two yuan: 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), with a fee of 50 yuan per case for disputes involving property worth less than 10,000 yuan. For disputes involving property worth between 10,000 yuan and 100,000 yuan, the fee is calculated at 2.5%; for disputes involving property worth between 100,000 yuan and 200,000 yuan, the fee is calculated at 2%. There are also actual expenses such as appraisal fees and preservation fees. Lawyer's fees vary greatly among different law firms, and are usually negotiated based on the value of the case and the workload. In terms of time, simple procedures are generally concluded within three months, and ordinary procedures are generally concluded within six months, with corresponding extensions for appraisals, expert opinions, or appeals by the other party. Completing the inventory of the estate and securing evidence first can significantly shorten the processing time.

Q5: If parents verbally say that the house belongs to their younger son, does the daughter have to give it up?

It's not necessary. An oral declaration does not constitute a legally binding will. According to Articles 1134 to 1139 of the Civil Code (effective from January 1, 2021), a will must be made in the form of a self-written, proxy-written, printed, audio-visual, or notarized document to be legally valid. In emergency situations, an oral will made in accordance with Article 1138 is invalid if the emergency situation is resolved and the testator can make a will in writing or by audio-visual means. Therefore, in the absence of a valid will, the inheritance shall be handled in accordance with the statutory succession, and the daughter shall participate in the distribution according to law. If the parents did indeed make a valid will, Article 1123 shall be implemented, but a necessary share shall be reserved for the heirs who lack the ability to work and have no source of livelihood (Article 1141).

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 Xue Suhua·Beijing Henglu Law Firm