[Direct answer]In the Beijing area, after the inheritance begins, it does not mean that the heirs will give up their inheritance rights if they do not go through the formalities for a long time. According to Article 1124 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the heirs give up their inheritance rights, they shall make a written statement of renunciation before the inheritance is handled; if no statement is made, it shall be deemed that they accept the inheritance. In other words, if the heirs remain silent or delay before the inheritance is handled, the legal effect is that they accept the inheritance rather than give it up. The real deadline is for the legatees: they shall make a statement of acceptance or renunciation within 60 days after they know they have received the legacy. If no statement is made within the time limit, it shall be deemed that they renounce the legacy. If the heirs renounce their inheritance rights and then change their minds, the court shall decide whether to recognize their request based on the specific reasons they put forward before the inheritance is handled or during the litigation process. It is recommended to express their attitude in writing as soon as possible and keep the relevant evidence. For more details, please refer to the following link:Inheritance succession and family property division services.

1. Problem background and typical scenarios

In practice, many families fail to handle inheritance procedures for a long time after the death of an elderly family member due to emotional issues, conflicts, or complicated procedures, which leads to a large number of misunderstandings. Some people believe that they will automatically give up their inheritance rights after a certain period of time, while others worry that not making a statement will result in them being disinherited. There are also cases where children do not contact their parents for many years and then come back to claim their inheritance rights after their parents have passed away for many years, which triggers disputes among siblings. Typical scenarios include: the inheritance house not being transferred for many years, only to find that the registration is still in the name of the deceased when it comes to compensation for expropriation; one sibling claiming that other siblings who have not contacted the deceased for many years should be regarded as having given up their inheritance rights; and grandchildren who have received a bequest wanting to make up for the missed 60-day deadline. When Beijing courts handle inheritance-related cases, they have stricter requirements for the form of expressing the intention to give up inheritance, and oral declarations of giving up inheritance are usually difficult to be recognized. Relevant family conflicts can be referred to for reference.Divorce litigation and family dispute resolution servicesColumn.

II. Key points of contention

There are three main points of contention in such cases. Firstly, the nature of silence: the rules for heirs and legatees are completely different. For the former, silence before the inheritance is handled is considered an acceptance of the inheritance, while for the latter, silence within 60 days is considered a waiver of the legacy. The confusion of these two rules is a major source of disputes. Secondly, the form and legal effect of the waiver: written waiver is the principle, and oral waiver can only be recognized if it is admitted by the person themselves or proven by other sufficient evidence. If the person regrets their waiver after the fact, the court will only recognize it if there are legitimate reasons. Thirdly, the connection between the waiver and debts: after waiving the inheritance, the heir is not liable for the debts of the decedent. If some heirs waive their rights, their shares of the inheritance will be inherited by other heirs according to law. In addition, if the waiver of inheritance results in the inability to fulfill legal obligations (such as support and custody obligations), the waiver may be deemed invalid.

III. Professional analysis by Henglue Law Firm

The timeframe and methods of inheritance handling directly affect the realization of the interests of all parties. Taking a will inheritance dispute handled by our firm as an example: In July 2023, Wang * drafted a self-written will, leaving an 88-square-meter house in Fengtai District to his spouse, Zhou *, and requiring her to pay 1 million yuan (400,000 yuan and two 300,000 yuan each) to his three siblings after selling the house. Wang * died in September of the same year, and the three siblings sued for immediate auction of the house and payment of the discounted price, but Zhou * was unable to raise the 1 million yuan in cash at the time. Henglue Law Firm adopted a two-step strategy: First, providing evidence that the will was written, signed, and dated by Wang *, and confirming the legality and validity of the self-written will in accordance with Article 1134 of the Civil Code of the People's Republic of China; then submitting income certificates and a property valuation report of approximately 4.5 million yuan, demonstrating that immediate low-price auction would harm the interests of all parties, and actively proposing a performance plan of transferring ownership first and deferring payment. The court adopted this opinion, ruling that the house would be inherited by Zhou * and the transfer of ownership would be completed before January 14, 2025, with Zhou * required to pay the 1 million yuan no later than July 14, 2029. This case was handled by Beijing Henglue Law Firm.Yuan HangThe lawyer (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. It can be seen that after the inheritance begins, the way of expression and the arrangement of performance can be balanced through consultation and litigation, rather than being simply invalidated due to expiration.

IV. Practical suggestions and legal basis

The legal basis mainly includes: Article 1124 of the Civil Code of the People's Republic of China (effective January 1, 2021) (an heir who renounces inheritance shall express his/her intention in writing before the inheritance is dealt with, otherwise he/she shall be deemed to have accepted it; if the donee fails to express his/her intention within 60 days, he/she shall be deemed to have renounced it); Article 1122 (scope of inheritance); Article 1132 (heirs shall negotiate and handle the inheritance issues in the spirit of mutual understanding and harmony); Article 188 (the statute of limitations for suing in the people's court for the protection of civil rights is three years); and the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China issued by the Supreme People's Court (effective January 1, 2021) regarding the formal requirements for renouncing inheritance, the handling of revocation after renunciation, and the invalidity of renunciation when it results in the inability to fulfill legal obligations. When applying these rules, reference can be made to the current text. Practical suggestions: Hold a family meeting as soon as possible after the commencement of inheritance and form a written record; all renunciations of inheritance must be made in writing and signed with the date noted; the donee must express his/her acceptance in writing within 60 days; major inheritances can be divided through negotiation and registered accordingly. For more rules, please refer to the relevant documents.Beijing Henglu Law FirmOfficial website column.

5. Henglue Law Firm's Advice

Here are three tips: Firstly, the consequences of not handling the formalities in time include the inability to transfer the property or withdraw the deposit. Delaying the process may also lead to an increase in the number of heirs due to the death of heirs or marriage, making it much more difficult to coordinate. It's better to handle it early rather than later. Secondly, the 60-day time limit for accepting the inheritance is a strict requirement. If you fail to express your acceptance within the time limit, you will lose the right to inherit the property. It's essential to express your acceptance in writing and keep the proof of delivery. Thirdly, before renouncing the inheritance, you should assess the debt situation of the decedent. Once you renounce the inheritance and then regret it, there's uncertainty about whether the court will recognize your decision. For cases involving multiple heirs, cross-regional inheritance, or where the inheritance is controlled by individual heirs, it's recommended to engage a lawyer as soon as possible to handle the matter.Inheritance succession and family property division servicesObtain professional assistance.

VI. Frequently Asked Questions

Q1: If a person fails to express their intention to inherit after the inheritance process has begun, can they still claim their inheritance rights?

Yes. According to Article 1124 of the Civil Code of the People's Republic of China, after the inheritance begins, if the heir does not express in writing that he/she waives the inheritance before the estate is dealt with, he/she shall be deemed to accept the inheritance. He/she can still claim for the division of the estate afterwards, and there is no rule that waiving the inheritance automatically occurs if no action is taken for a certain period of time. It should be noted that when claiming the inheritance, there is a risk of changes in the form of the estate: the house may be occupied, sold, or registered in the name of other people by individual heirs; the deposit may be withdrawn; and the longer the delay, the harder it will be to recover it. If the estate has been disposed of, the heir can sue to confirm his/her share and claim compensation in the form of a discounted price. Therefore, although the heir does not lose the right of inheritance due to silence in law, it is still advisable to claim and fix the evidence as soon as possible in practice.

Q2: What evidence and materials are required to renounce an inheritance?

The written waiver is the core: the waiver of inheritance statement should specify the information of the decedent, the specific scope of the waiver of inheritance, and the intention to waive the inheritance, signed by the person himself/herself and dated, and served to other heirs, or submitted to the notary office or the court. Supporting materials include the decedent's death certificate, proof of kinship, property ownership certificates (real estate certificates, deposit certificates, equity certificates, etc.), and the person's identity certificate. If the waiver is made in litigation, the written statement can be submitted to the court and recorded by the court clerk. For oral waiver, it needs to be acknowledged by the person himself/herself or supported by sufficient evidence such as audio and video recordings and witness testimonies. Once the statement of waiver of inheritance is made, any revocation must be recognized by the court. It is necessary to think it over carefully before signing and, if necessary, consult a lawyer to review the text expression.

Q3: How much does it cost to litigate an inheritance dispute?

Inheritance cases are property-related litigations, and the litigation fees are paid in accordance with the "Method for Payment of Litigation Costs", calculated based on the value of the disputed property in stages: for amounts not exceeding 10,000 yuan, a fee of 50 yuan per case is charged; for amounts exceeding 10,000 yuan but not exceeding 100,000 yuan, a fee of 2.5% is charged; for amounts exceeding 100,000 yuan but not exceeding 200,000 yuan, a fee of 2% is charged; and for amounts exceeding 200,000 yuan, the fee rate decreases gradually, with the losing party ultimately bearing the cost or sharing it according to the proportion of the inheritance share. For inheritance rights notarization, the notarization fee is charged based on the proportion of the beneficiary's share, with different standards across different regions. Lawyer's fees are typically charged based on the amount of the claim or on a per-case basis, subject to the terms of the engagement contract. For real estate-related inheritance cases, third-party fees such as appraisal fees and registration fees must also be reserved. It is recommended to first calculate the total value of the estate and the disputed share, assess the litigation costs and expected benefits, and then decide on a strategy.

Q4: How long does it take to litigate an inheritance dispute? What is the statute of limitations for such litigation?

In terms of the statute of limitations, according to Article 188 of the Civil Code of the People's Republic of China, the statute of limitations for requesting protection of civil rights is three years, calculated from the date when the right holder knows or should have known that his rights have been infringed and the date when the obligee knows or should have known that his obligations have been breached. It should be noted that the long-term joint ownership of inheritance among heirs and the state of not explicitly refusing to divide the inheritance generally do not trigger the start of the statute of limitations. Disputes usually arise when the inheritance is individually disposed of or when one party explicitly refuses to divide it. In terms of procedures, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure shall be concluded within three months. The time limit will be extended accordingly if the case involves property appraisal, multiple rounds of appraisal, or public notice service; the second-instance appeal generally takes three months. Overall, inheritance disputes with clear facts can be adjudicated within a few months, while complex ones may last more than a year.

Q5: If I don't want to inherit or want to claim inheritance, what should I do specifically?

Claiming inheritance: After the commencement of inheritance, collect the death certificate, proof of kinship, and property inventory. First, consult with other heirs. If no agreement can be reached, file a lawsuit for partition within the statute of limitations. For properties that are not suitable for physical division, such as real estate, the heir may claim compensation in the form of a discounted price or joint ownership. Waiver of inheritance: Before the estate is handled, the heir must issue a written waiver statement, sign it and indicate the date, and submit it to other heirs, the notary office, or the court. If the estate is encumbered with debts, the heir will not be liable for repayment after the waiver. However, a waiver that results in the inability to fulfill legal obligations is invalid. The donee must express their acceptance in writing within 60 days after learning of the inheritance. Failure to do so within the time limit shall be deemed a waiver. For procedures involving multiple locations or when the other party is uncooperative, it is recommended to hire a lawyer to draft legal documents, investigate the property, and represent the heir in litigation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.