[Direct answer]In the Beijing area, if there are no disputes, the inheritance rights can be notarized; if there are disputes, litigation should be pursued. Notarization of inheritance rights is suitable for situations where all heirs have no disputes over the scope of the estate and the distribution plan, and all materials are available. It is fast, low-cost, and can be directly used for transfer of ownership and withdrawal of funds; litigation is suitable for situations where there are disputes, or where it is necessary to confirm the validity of the will, separate the shares of the couple's joint property, or investigate the concealment and transfer of the estate. According to Article 1132 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), the heirs shall negotiate and resolve the inheritance issues. If no agreement can be reached, they may apply for people's mediation or file a lawsuit with the court. For disputes that are not too serious, mediation can be conducted first and then a decision can be made.

1. Problem background and typical scenarios

After a loved one passes away, the heirs often get stuck on the same issue: even though everyone agrees on how to divide the inheritance, why can't the transfer of ownership be completed? Or conversely, even though some people disagree, why do they still have to go to the notary office first? In reality, there are three typical scenarios: first, the inheritance includes real estate and deposits, and notarial documents are needed to handle registration and withdrawal; second, most heirs agree, but individual heirs do not cooperate and refuse to appear; third, there are disputes over the validity of the will, shares, or debts, and the notary office directly refuses to handle the matter. The cost of choosing the wrong path is often months of time and repeated corrections to the materials.

II. Key points of contention

First, the prerequisite of notarization are that there are no disputes. Notarization agencies review the facts and materials, but do not adjudicate on the substantive disputes between heirs. If someone disagrees with the distribution plan or disputes the authenticity of the will, the notarization process will be suspended or not accepted. Second, the applicable circumstances of litigation. It is necessary to confirm the validity of the will, confirm the qualifications of stepchildren or substitute heirs, separate the deceased's share in the marital joint property, and investigate the concealment and transfer of inheritance, which can only be resolved through litigation. Third, effectiveness and enforcement. Notarial certificates, effective judgments, and mediation agreements all have legal effect, but notarial documents themselves do not have enforceable force. If a party changes their mind later, the case may still proceed to litigation; judgments and mediation agreements can be directly applied for enforcement. Fourth, cost and duration. Notarization is charged according to the subject matter or number of items, and usually takes several weeks to several months to complete; litigation charges acceptance fees based on the value of the property, and the first-instance trial often takes several months. Fifth, the intermediate value of mediation. For disputes that are not serious, it is possible to first conduct mediation under the auspices of people's mediation committees or courts, and after reaching a mediation agreement, apply for judicial confirmation or issue a mediation agreement, which balances efficiency and enforceability.

III. Professional analysis by Henglue Lawyers

A will inheritance dispute we handled is a typical example of "resolving conflicts through negotiation instead of confrontation". In July 2023, Wang *5 drafted a self-written will, bequeathing the 88-square-meter house at No. 1506, Fengtai District to his spouse, Zhou Min, with the following conditions: after the house is sold, Wang *1 shall be paid 400,000 yuan, and Wang *2 and Wang *3 shall each be paid 300,000 yuan, totaling 1 million yuan, with the remaining balance going to Zhou Min. In September 2023, Wang *5 passed away. The three siblings insisted on immediately auctioning the house and obtaining the discounted price in one go, and sued Zhou Min and Wang Li, the daughter of his ex-wife who was excluded from the will, in court. There was not much disagreement between the two sides about the validity of the will. The real conflict was about the way and deadline of fulfillment. Zhou Min entrusted Beijing Henglu Law Firm to handle the case.Yuan HangThe lawyer defended the case. Instead of confronting the opposing party head-on, the lawyer proceeded in two steps: First, confirming the validity of the will. According to Article 1134 of the Civil Code of the People's Republic of China, the lawyer provided evidence that the handwritten will was written, signed, and dated by the testator, and the form was complete. Second, proposing an enforceable alternative solution. The lawyer submitted income certificates and a property valuation report (estimated at about 4.5 million yuan), explaining that selling the property at a low price immediately would harm the interests of all parties. The lawyer actively proposed transferring the ownership of the property first and selling the property within a specified timeframe for payment. The Fengtai District Court adopted the lawyer's opinion, determined that the will was legal and valid, and ruled that the property would be inherited by Zhou Min. All parties were required to complete the transfer of ownership before January 14, 2025, and Zhou Min was required to pay a total of 1 million yuan to the three plaintiffs before July 14, 2029, achieving a balance between the will's intent and its practical implementation. This case was handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent. The Inheritance Team of Henglue Law Firm also has other members.Xue Suhua、Yu DayiWhen choosing a lawyer, you can evaluate the options of "notarization, mediation, and litigation" based on the circumstances of the case.

IV. Practical suggestions and legal basis

According to Article 1132 of the Civil Code of the People's Republic of China (heirs may negotiate and resolve inheritance issues; if no agreement is reached, they may apply for people's mediation or sue in court), Article 1124 (heirs who renounce their inheritance rights must do so in writing before the estate is distributed, and donees must make their decision within 60 days after learning of the bequest), and Article 1153 (unless otherwise agreed, half of the jointly owned property shall be allocated to the spouse when dividing the estate), the above provisions have been implemented since January 1, 2021; Article 11 of the Public Notarization Law of the People's Republic of China (adopted on August 28, 2005, and amended in 2017) lists the scope of matters that can be notarized. Suggestions: First, hold a meeting of heirs to confirm whether all of them agree with the distribution plan and recognize the will, and form a written record; Second, if there are no disputes and the estate includes real estate, directly prepare materials to handle the inheritance right notarization; Third, if individual heirs are uncooperative, first negotiate or apply for mediation, and if unsuccessful, sue in court in a timely manner; Fourth, in cases involving the validity of the will, the qualification of heirs, the division of jointly owned property, or the concealment or transfer of the estate, directly choose litigation; Fifth, regardless of the path taken, first verify the inventory of the estate and the debtor's debts to avoid omissions or exceeding the scope of liability. 依据《中华人民共和国民法典》第一千一百三十二条（继承人协商处理继承问题，协商不成可申请人民调解或向法院起诉）、第一千一百二十四条（放弃继承须在遗产处理前以书面形式作出表示，受遗赠人应在知道受遗赠后六十日内作出表示）、第一千一百五十三条（夫妻共同所有的财产，除有约定外，遗产分割时应当先将共同所有的财产的一半分出为配偶所有），上述条文自2021年1月1日起施行；《中华人民共和国公证法》（2005年8月28日通过，2017年修正）第十一条列明了可以办理公证的事项范围。建议：第一，先召开一次继承人会议，确认是否全体同意分配方案、是否认可遗嘱，形成书面记录；第二，无争议且遗产含不动产的，直接准备材料办理继承权公证；第三，个别继承人不配合的，可先协商或申请调解，仍不成的及时起诉；第四，存在遗嘱效力、继承人资格、共同财产析出或隐匿转移遗产情形的，直接选择诉讼；第五，无论走哪条路径，都先查清遗产清单与被继承人债务，避免遗漏或超范围承担。

5. Henglue Law Firm's Advice

Choosing the wrong path often comes at a cost measured in months. Here are three reminders: First, notarization is not a mandatory preliminary procedure for litigation. For disputed cases, directly filing a lawsuit can save time. The court's determination of the validity of the will and the shareholding can itself serve as a basis for division; Second, if one party changes their mind after notarization, the notarized certificate does not have enforceability and litigation is still necessary. Therefore, it is not advisable to hastily proceed with notarization when the hidden disputes have not been eliminated; Third, mediation to settle cases can often balance efficiency and family harmony in inheritance cases. In this case, by setting clear deadlines for transfer of ownership and payment, not only the creditor's legitimate interests were protected, but also the heirs were prevented from being forced to liquidate their assets at a low price. When courts in Beijing handle inheritance cases, they generally encourage prior consultation and mediation, and then proceed with judgment if mediation fails. For issues involving the connection between family property and inheritance, reference can be made to the relevant provisions.Specialised legal servicesAnd\nInheritance of property and division of family assetsYou can watch it on the TV channel or contact us directlyBeijing Henglue Law FirmMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: Which is more effective in achieving my goals—inheritance notarization or litigation?

It depends on the status of the dispute rather than the size of the claim. If all heirs have no disputes over the scope and distribution of the estate and all materials are complete, notarization can be faster and more efficient, and the materials can be directly used for transferring ownership and withdrawing funds. However, if there are disputes over the validity of the will, the qualification of the heirs, the share of the inheritance, or the concealment of assets, notarization cannot adjudicate the substantive issues. Only through litigation can rights be confirmed and enforced.

Q2: If we choose different paths, do we need to prepare the same evidence and materials?

The basic materials are similar, all of which require the deceased's death certificate, proof of kinship, certificates of inheritance rights, and identity documents. Notarization usually requires all heirs to be present and sign the documents; litigation requires separate evidence around the disputes, such as the original will and handwriting samples, records of support and investment, clues to the concealment and transfer of property, and certificates of the sources of joint property, etc.

Q3: How much does it cost to get a notarization and to litigate in court?

Notarization is charged according to the amount of the subject matter or the number of items. For real estate transactions, it is usually calculated as a certain percentage of the appraised value, which is generally lower than the litigation costs. In litigation, the parties are required to pay the case acceptance fee in advance according to the value of the estate requested to be divided, in addition to appraisal fees, evaluation fees, and attorney's fees. After winning the lawsuit, some of the fees may be borne by the losing party. The specific amount is recommended to be estimated in advance according to the inventory of the estate.

Q4: How long does it take for each of the two methods respectively?

The notarization of inheritance rights is usually completed within weeks to months when all the necessary materials are available and the heirs cooperate. For first-instance litigation, the simple procedure is generally concluded within three months, and the ordinary procedure is generally concluded within six months. If appraisal or evaluation is involved, the timeframe will be extended. For second-instance litigation where one party appeals, it usually takes about three months. Mediation often results in a settlement faster than a judgment.

Q5: What should I do first?

First, hold a family meeting to confirm whether there are any actual disputes, and jointly check the inventory of the estate, the situation of the will, and the debts of the decedent; if there are no disputes, prepare the materials to make an appointment for inheritance notarization; if there are disputes, first try to negotiate or mediate through the people's court, and if it still fails, promptly file a lawsuit and apply for property preservation at the same time to avoid the estate being disposed of unilaterally.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.