[Direct answer]In the Beijing area, inheritance refers to the personal legal property left by the deceased heir at the time of their death, and it requires two stages of separation during the determination process. According to Article 112 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), inheritance refers to the personal legal property left by a natural person at the time of their death. According to the law or its nature, any property that cannot be inherited shall not be inherited. Article 153 stipulates that, unless otherwise agreed upon, the marital jointly owned property shall first be divided into half for the spouse, and the remaining portion shall then be determined as inheritance. Therefore, the first step is to distinguish between marital jointly owned property and personal property, and separate out the spouse's half; the second step is to exclude property with personal exclusivity or that cannot be inherited according to law, such as pensions, death compensation, insurance funds with designated beneficiaries, and compensation for mental distress in personal injury cases. In addition, real estate and operating assets owned jointly with family members need to be divided first before determining the heir's share; property that the deceased has actually disposed of or donated before death is generally not included in the scope of inheritance.

I. Problem Background and Typical Scenarios

"What exactly constitutes inheritance property?" This is the starting point of inheritance disputes and also the most easily overlooked aspect. Many litigants directly claim division based on "how much assets the family has", ignoring that some of these assets originally did not belong to the decedent. Typical cases include: real estate registered in the decedent's name alone, which was actually purchased with joint income during the marriage and belongs to the couple's joint property; deposits accumulated during the marriage, half of which belong to the spouse; pension and one-time work-related death compensation after the parents' death being mistakenly claimed as inheritance and demanded to be divided equally; company shares being transferred to others through agreements before the decedent's death; and the down payment paid by the decedent for his children being questioned and required to be repaid. When identifying the scope of inheritance, Beijing area courts usually first review the source and acquisition time of the property, then determine the ownership, and finally determine the share that can be inherited.

II. Key points of dispute

First, the division of joint marital property. Unless otherwise agreed, half of the property shall be allocated to each spouse, and the remaining portion shall be treated as inheritance. Second, the exclusion of personal exclusive property. Pension, death compensation, compensation for mental distress, and insurance proceeds designated for beneficiaries are generally not considered part of the inheritance. Third, the distinction between family-owned property and personal property. Real estate or business assets owned jointly with parents or children need to be divided first. Fourth, the validity of disposal of property during one's lifetime. Gifts that have been delivered or transferred are generally not included in the inheritance, but if there are circumstances of maliciously evading debts, creditors may claim revocation. Fifth, the identification of special property, such as the right to use residential land, equity, shares in partnership enterprises, and intellectual property rights, which need to be judged separately in accordance with their respective legal rules.

III. Professional analysis by Henglue Lawyers

Based on Henglue's experience in handling inheritance cases, disputes over the scope of the estate often focus on two aspects: first, the ownership and shares of real estate; second, the nature of funds. Regarding real estate, if it is registered in the name of the decedent alone, it does not necessarily belong entirely to the estate. If it was purchased with joint contributions during the marriage, the spouse's share should be separated out first. For public housing, the ownership of the property also depends on the housing reform policies. Funds contributed by children are usually regarded as gifts or loans rather than joint ownership. Regarding funds, pensions and death compensation are personal and exclusive, intended to provide comfort and financial support to close relatives, and are generally not considered part of the estate. However, the wages, bonuses, labor remuneration, and personal deposit interest that the decedent should have received but not collected before death do belong to the estate. In practice, we usually start by preparing a property inventory, noting the acquisition time, funding sources, and registration status for each item. Based on this, we can distinguish between marital joint property, family shared property, and personal property, and first define the "inheritable portion" to avoid negotiating or litigating on the basis of incorrect assumptions. For the determination of real estate ownership, reference can be made to the relevant policies and regulations.Property transactions and construction projectsBased on my experience; for cases involving the division of family property and the calculation of shares, it can be combined with other relevant laws and regulations to provide a more comprehensive legal solution.Inheritance of property and division of family assetsThe practical path; for those involving corporate equity and operating assets, they can refer to it for reference.Business and contract disputes in enterprisesThe processing approach of \n.

IV. Practical suggestions and legal basis

According to Articles 1122, 1062, 1063, 1153, and 1159 of the Civil Code of the People's Republic of China (effective January 1, 2021), it is recommended to identify the inheritance in four steps: First, compile a property list, recording the acquisition time, funding source, registration status, and current value of each item; Second, analyze the property first and then proceed with the inheritance. For marital joint property, the spouse's share should be allocated first, and for family-owned property, the division should be carried out first; Third, exclude property that does not belong to the estate, including pensions, death compensation, insurance funds designated for beneficiaries, and payments with personal exclusivity; Fourth, verify the acts of disposition during the decedent's lifetime to determine whether there are circumstances that can be revoked. Where debt repayment is involved, the estate should be used to repay the decedent's debts before the division, and the verification of the acts of disposition during the decedent's lifetime should be combined with the verification of the debts repaid by the estate.Creditor's rights and debts, and enforcement casesBased on my experience; for cases involving the identification of property during the existence of a marriage relationship, reference can be made to the relevant provisions.Divorce litigation and family disputesThe rules.

5. Henglue Law Firm's Reminder

If the scope of the inheritance is determined incorrectly, no matter how meticulous the subsequent calculation of shares is, it will be meaningless. Three reminders: First, don't treat "family property" as inheritance in a general way. It's the basic order to first divide the property and then inherit it; Second, don't ignore the nature of the funds. Pension, death compensation, and insurance money often don't belong to the inheritance and have different handling methods; Third, don't overlook the debt of the decedent. The inheritance should be used to pay off the debts owed by the decedent before it is divided.Beijing Henglue Law FirmIt is recommended to complete a standardized list of inheritable property before initiating the inheritance process, so as to resolve potential disputes over the scope of inheritance in advance.

VI. Frequently Asked Questions

Q1: Are all the houses registered under the name of the decedent considered part of the estate?

Not necessarily. If the house was purchased with the couple's joint property after marriage, even if it is only registered under the name of the decedent, the spouse's share should be separated out first, and the remaining part will then be regarded as the inheritance; if it belongs to the decedent's premarital personal property or is clearly owned by the individual through inheritance or donation, it may be regarded as the entire inheritance.

Q2: What evidence do I need to prepare?

Property ownership certificates (real estate ownership certificates, vehicle registration, equity certificates, bank transaction records), proof of acquisition time (purchase contracts, payment receipts, gift contracts), proof of marital status, proof of kinship, and relevant materials that can reflect the source and use of funds.

Q3: Are pensions and death compensation considered part of the estate?

They are generally not considered part of the inheritance. Both of them are personal and exclusive, serving as a form of comfort and economic compensation for close relatives. They are usually distributed reasonably among close relatives according to the support relationship; however, the wages and bonuses that the deceased should have received but failed to collect before their death are considered part of the inheritance and can be inherited.

Q4: If the deceased person gave away the house to someone before his death, can he still reclaim it?

Generally, gifts that have been actually fulfilled will not be included in the estate. However, if the gift act constitutes a malicious evasion of debt or damage to the interests of creditors, the creditor may claim revocation in accordance with the law; if the heir believes that there are grounds for the invalidity or revocability of the disposition act, the heir should also claim it separately.

Q5: What should I do first?

First, compile a complete list of assets, noting the acquisition time, source of funds, and registration status for each item; then distinguish between marital joint property, family shared property, and personal property, separating out the spouse's share and funds that are not part of the estate, and determining the scope of the inheritable assets.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Inheritance legal services·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.