[Direct answer]In the Beijing area, in the legal succession, the shares of the same order of heirs are generally equal. The first order includes spouses, children, and parents; the second order includes siblings, grandparents, and grandparents-in-law. If there are first-order heirs, the second-order heirs do not participate. According to Article 113 of the Civil Code of the People's Republic of China (effective January 1, 2021), heirs who have special difficulties in life and lack the ability to work should be taken care of. Those who have fulfilled the main duty of supporting the decedent or lived with him/her can receive a larger share. Those who have the ability and conditions to support but fail to fulfill their obligations should not receive a share or receive a smaller share. Before the division, the spouse's half of the marital property must first be identified, and the remaining portion will then be distributed as inheritance.

1. Problem background and typical scenarios

After the death of their parents, how to divide the property shares is the most frequently asked question in inheritance consultations. Typical scenarios include: one parent dies first, while the other is still alive, and the children are eager to divide the house registered under the father's name; some siblings have lived with their parents for a long time and provided the main care, hoping to get a larger share; others have not been involved for years but are still required to divide the property equally; the deceased transferred their savings to a certain child before death, and the others demand that this money be included in the estate and recalculated. These disputes ultimately come down to two issues: the scope of the estate and the share of each heir.

II. Key points of contention

First, the principle of equality and exceptions. Inheritors in the same order are, in principle, equal, but there are statutory circumstances where they should be given special consideration, receive a larger share, or be denied or given a smaller share. Second, the division of marital joint property. Property acquired during the marriage is, in principle, marital joint property. When one spouse dies, the surviving spouse's half must be distributed first, and the remaining half will then become part of the estate. Third, the criteria for determining a larger share of maintenance. The party claiming a larger share needs to provide evidence that they have fulfilled their main support obligations or lived with the decedent. A mere statement from relatives is usually insufficient. Fourth, transfer of inheritance and subrogated inheritance. If an heir dies before the division of the estate, their share of the inheritance shall be transferred to their heirs; if the decedent's children die before the decedent, their descendants in the direct lineage shall inherit in their stead.

III. Professional analysis by Henglue Law Firm

Take a case handled by Beijing Henglu Law Firm as an example. The decedent, Sun *1, died in June 2020. In his will, he left two houses in Beijing to his parents and his wife, Huang *, respectively. Sun *1's parents claimed that Sun *1 suffered from mental illness and that his marriage was invalid, and requested to inherit the two houses, as well as funeral expenses, pensions, housing provident funds, enterprise annuities, etc., totaling 1009,684.44 yuan, and insurance compensation of 236,580 .50 yuan. Huang * entrusted our firm to handle the case.Li YonghuiAttorney,FU XiaofeiThe lawyer represented the defendant in court. The lawyer put forward three points: Firstly, the marriage between Huang and Sun1 was legal and valid; Secondly, Huang and his ex-husband's daughter, Wu, were stepchildren who formed a support relationship, and both of them were inheritors; Thirdly, the jointly owned property acquired during the marriage should first be divided in half for the spouse, and the remaining part would be the inheritance. Regarding the capacity for action, the appraisal institution dismissed the case on the grounds that it exceeded the technical conditions. Without evidence and negative evaluations from professional institutions, the court did not accept the opinion that Sun1 lacked capacity for action when making the will. The court ultimately determined that the two sets of houses would be dealt with according to the will, and the rest would be dealt with according to statutory inheritance. Taking into account that the two plaintiffs lived with Sun1 for a longer time and provided more daily care, they were given a reasonable larger share. The judgment clarified the ownership of the houses and the distribution of various sums, such as the insurance compensation of 236,508.5 yuan, which would belong to Huang, who would pay 59,127.13 yuan each to the two defendants and Wu within 15 days. This case was handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ);FU XiaofeiThe lawyer (practice license number: 11101202111348854, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 1127 (Scope and Order of Legal Heirs), Article 1128 (Subrogated Succession), Article 1130 (Principles of Estate Distribution), Article 1152 (Transfer Succession), and Article 1153 (Partition of Marital Joint Property) of the Civil Code of the People's Republic of China, all of which came into effect on January 1, 2021. Recommendations: First, conduct an inventory of the estate and distinguish the personal property of the decedent from marital joint property. Marital property registered under the spouse's name also requires partitioning. Second, collect evidence of support, including medical care records, transfer receipts for living expenses, proof of cohabitation, and certificates from neighborhood or village committees. Third, appraise the property first to determine who will acquire ownership and how much compensation will be paid to others. Fourth, deposits disposed of by the decedent before death are generally not included in the estate, but funds transferred after death should be tracked for investigation. In judicial practice in Beijing, it is common for one party to inherit the house while other heirs receive compensation in the form of cash.

5. Henglu Law Firm's Reminder

The competition for shares often stems from the conflict between financial obligations and emotional considerations. It's worth noting that the party claiming a larger share bears the burden of proof. Records of daily care for parents should be consciously preserved, such as transfer notes, attendance records at doctor's appointments, and WeChat chats, which can serve as supporting evidence. However, it's important to remember that supporting parents is a legal obligation. If a party demands a significantly larger share solely on the grounds of fulfilling their duties, the court will generally not support such an excessive allocation. Additionally, renouncing inheritance must be done in writing before the estate is distributed, and verbal declarations are not legally binding. If an heir dies before the estate is divided, their share of the inheritance will be transferred to their own heirs, which may easily trigger a second round of disputes. It's safer to handle such matters as early as possible.\nInheritance and division of family propertyThe connection between property evaluation, preservation, and execution,Beijing Henglue Law FirmIt is recommended to design them together before filing a lawsuit.

VI. Frequently Asked Questions

Q1: Is there a high chance of success in claiming a larger share of the inheritance?

If the person living with the decedent and fulfilling the main obligation of support has evidence to prove it, they are more likely to receive a larger share of the inheritance; it's harder to gain support based solely on statements and a lack of supporting evidence. A party with the ability to provide support but who fails to fulfill their obligations may also be awarded a smaller share of the inheritance. It is recommended to first gather evidence and then assess the amount of the inheritance.

Q2: What evidence do I need to prepare?

Proof of kinship, death certificate, real estate and deposit certificates, materials related to marriage and property agreements, evidence of support and cohabitation (attendance records, transfer of living expenses, proof of residence), transaction records of the deceased's transfers before death, and relevant materials showing that the other party failed to fulfill their duty of support when claiming non-distribution of the estate.

Q3: How much are the attorney's fees and litigation costs approximately?

The attorney's fees shall be charged in installments according to the proportion of the disputed subject matter, and the attorney's fees shall be subject to the provisions of the entrustment contract; the litigation fees shall be prepaid according to the claimed value of the estate. If the case is settled through summary procedures or mediation, the fees may be reduced by half, and the losing party shall bear the fees in full or share them according to the proportion of liability. The real estate appraisal fees shall be calculated separately according to the standards of the appraisal institutions.

Q4: How long does a statutory inheritance lawsuit take?

The first-instance trial usually takes about six months. If it involves property appraisal, paternity testing, or there are many heirs who need to be served by public notice, the time will be longer. The second-instance trial will also take several months. After the judgment comes into effect, it is necessary to handle the registration of real estate and the payment of funds. Therefore, it is advisable to set aside sufficient time for the whole process.

Q5: What should I do first?

First, complete the inventory of the estate and distinguish the marital joint property, then confirm the scope of the heirs and whether there is a will; evaluate the value of the house first to determine the discounted price, and at the same time, fix the evidence of support. If necessary, apply for property preservation to prevent the house from being disposed of during the litigation period.

The above content is based on the compilation of 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 evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Li Yonghui·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 you encounter disputes, please consult a practicing lawyer in time.