[Direct answer]In the Beijing area, the real estate inherited by minors is managed on their behalf by their guardians in accordance with the law, and guardians are not allowed to dispose of it at will. According to Article 27 of the Civil Code of the People's Republic of China, parents are the guardians of their minor children; if the parents die or are incapable of guardianship, the grandparents, maternal grandparents, and siblings shall assume the role in turn. Article 35 stipulates that guardians shall manage the property in accordance with the principle of maximizing the interests of the guardianship object, and shall not dispose of the minors' real estate except for safeguarding the minors' interests. When selling or mortgaging such real estate, the registration department usually requires the submission of a proof of guardianship relationship and a written guarantee for the minors' interests. It is recommended to determine the guardians and handle the inheritance registration as soon as possible, and to consult professional lawyers in case of disputes.

I. Problem Background and Typical Scenarios

Minors inheriting property often occur in situations such as the death of one or both parents, or the inheritance of property left by grandparents. Typical scenarios include: in divorced families, children inheriting a parent's share of property, with the custodian raising questions from the other party; in families with multiple adult heirs, some claim custody and actually occupy and use the property; guardians need to sell the property to raise the minor's tuition and medical expenses, but other heirs object; and when the property is left vacant for a long time without management, it may be encroached upon and rented out for profit by others. In the judicial practice of Beijing courts, lawsuits seeking to confirm the invalidity of property division caused by others' long-term non-distribution or unauthorized disposition of minors' shares under the guise of "custody" are not uncommon. For issues involving family affairs and real estate, the two aspects can be combined to address them comprehensively.Divorce litigation and legal services for family disputes、Legal services for real estate transactions and construction projectsCoordinated assessment.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the qualification of the custodian: who has the right to manage the property on behalf of minors, and how to determine the custody, guardianship, and inheritance rights when they overlap. Secondly, the boundaries of disposition: whether it is "in the interest of the ward" for guardians to sell or mortgage the property of minors. The burden of proof lies with the guardians. If they dispose of the property without authorization, other heirs can claim the act is invalid and recover their shares. Thirdly, the protection of shares: if the share of minors in the inheritance is concealed, appropriated, or not distributed for a long time, their legal representatives shall file a lawsuit to recover the shares on their behalf. In terms of the processing order, first determine the ownership of the property and the shares of each heir, and then discuss who should act as the custodian and how to manage the property.

III. Professional analysis by Henglue Law Firm

In inheritance disputes, the prerequisite for the custody of real estate are clear ownership rights, which are often intertwined with issues such as the validity of wills, buying property under another's name, and waiving inheritance rights. In one inheritance dispute case handled by our firm, Wang Yuhong claimed that the No. 601 house was purchased as a unit welfare housing under her father Wang Hongtu's name, with Wang Hongtu signing the contract, Wang Yuhong paying the full amount and living in the house. She sued her aunt Wang Sisi to assist in the transfer of ownership. Wang Sisi claimed that the house was her grandmother Zhang Shufen's inheritance, which had been disposed of by a self-written will on May 6, 2023, and entrusted lawyer Xue Shuhua of Beijing Henglu Law Firm to defend against the lawsuit. After reviewing the evidence, the lawyer pointed out that Wang Yuhong failed to prove the existence of a written or oral agreement for buying the house under another's name. Only Wang Hongtu had the qualification to purchase the house, and the purchase contract was not signed by her. Her 2011 certificate only stated that the house would belong to her after her death, and she had already waived her inheritance rights at the notary office. The court confirmed in another case that Zhang Shufen's will was valid and regarded it as a withdrawal of the previous gift, determining that the No. 601 house was Zhang Shufen's inheritance. It ordered Wang Sisi and Wang Yuhong to each inherit 50% and divide the pension and funeral expenses equally. The first-instance court rejected Wang Yuhong's claim of buying the house under another's name, and the second-instance court upheld the ruling. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. This case illustrates that only by firstly determining the ownership and shares can we determine who should manage the portion due to the minor and according to what rules.

IV. Practical suggestions and legal basis

The core basis is the Civil Code of the People's Republic of China (effective from January 1, 2021): Articles 26 and 27 (determination and order of guardians), Article 35 (the principle of acting in the best interests of the ward, and not disposing of the ward's property except for safeguarding the ward's interests), Article 1127 (scope and order of statutory inheritance), and Articles 1145 to 1147 (determination and duties of estate administrators, including inventorying the estate, preparing an inventory, properly preserving the estate, and preventing damage or loss); the Interim Regulations on Real Estate Registration (effective from March 1, 2015) and its Implementing Rules (effective from January 1, 2016) require that the registration of real estate for persons with no or limited civil capacity be applied for by their guardians, and the disposition of minors' real estate also requires a written guarantee for the minors' interests. Practical suggestions are divided into four steps: First, determine the guardian's identity with a death certificate and kinship materials; Second, handle inheritance rights notarization or litigation to confirm the minors' share of the inheritance; Third, have the guardian handle the transfer registration on behalf of the minor and retain the guardianship materials; Fourth, if it is necessary to sell the property, retain the proceeds for the minors' education, medical care, and other vital interests and manage them in a special account. For more details, please refer to the following link:Legal services for inheritance and family property division.

5. Henglu Law Firm's Advice

Custodial rights do not equal ownership rights, and trustees have an obligation of loyalty and diligence. Never treat minors' real estate as family common property and dispose of it at will. Once it is determined that the disposition of the property harms the interests of minors, the disposition may be invalid and may lead to liability for compensation. The notary and real estate registration institutions in Beijing are more stringent in reviewing minors' property. If the materials are not complete, repeated corrections will significantly prolong the process. If other heirs conceal or encroach on minors' shares, pay attention to the statute of limitations for civil rights protection and claim rights as soon as possible through legal representatives. For complex family disputes, you can seek help from a professional lawyer.Special services and legal services for other casesMake an appointment for an assessment to finalize the custody arrangement.

VI. Frequently Asked Questions

Q1: Can the guardian sell the property inherited by a minor?

Generally, it is not allowed to sell the property at will. According to Article 35 of the Civil Code, guardians may not dispose of the guardian's property except for safeguarding the guardian's interests. The sale must serve the minor's education, medical treatment, and living security, etc. vital interests, and retain written guarantees and proofs of the use of funds; the registration department will require the submission of proof of guardianship. If the property is sold without authorization, other heirs may claim the act is invalid and recover their shares within a reasonable period of time. It is recommended to consult a lawyer and fix evidence before disposing of the property to avoid having the disposition revoked or bearing liability for compensation in the future.

Q2: Who is entitled to manage the property inherited by minors? What proof is required?

According to Article 27 of the Civil Code, parents are the guardians of their minor children; if the parents die or are incapable of guardianship, the grandparents, maternal grandparents, and elder siblings shall assume the guardianship in turn. Other individuals or organizations must obtain the consent of the residents' committee, village committee, or civil affairs department. To handle the guardianship and registration, the following documents are usually required: the death certificate of the decedent, proof of kinship (birth certificate, household registration or notarized materials), proof of guardianship status, real estate ownership certificates, and a notarized certificate of inheritance rights or a valid judgment document. For materials obtained abroad, additional certificates or consular authentication are also required.

Q3: How much does it cost to litigate a dispute over the share of real estate owned by minors?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (effective from April 1, 2007), which are calculated cumulatively based on the amount of the subject matter. The losing party shall bear the fees, and the fees shall be shared proportionally if the plaintiff partially wins and partially loses. The charging standards for confirmatory suits and payment suits are different. Notarization fees are generally charged at a certain percentage of the property value, which varies slightly from region to region. Lawyer's fees are related to the complexity of the case and shall be determined according to the entrustment contract. It is recommended to first clarify the subject matter of the dispute and the type of claim, and then calculate the costs. The reasonable expenses incurred by minors can ultimately be claimed together in the distribution of assets.

Q4: How long does it take to handle litigation for inheritance transfer or custodial disputes?

If the heirs reach a consensus, they can handle the transfer registration of real estate with a notarized certificate or a legally effective document, which can usually be completed within a few weeks; however, the correction of notarization materials and the authentication of foreign-related documents may extend the timeframe. In the event of litigation, the first-instance ordinary procedure generally takes six months to conclude, and the summary procedure takes three months. If the other party appeals, the process will be extended by about three months. Overall, for cases with clear ownership, the trustee arrangement can be implemented in one to two months, but those involving disputes often take more than half a year. It is recommended to fix the evidence as soon as possible to avoid prolonged delays.

Q5: How exactly do we handle property inheritance and custodianship for minors?

The process can be divided into four steps: First, collect basic materials such as death certificates, family relationship certificates, and property ownership certificates to determine the guardian; Second, handle the inheritance right notarization or initiate inheritance dispute litigation to clarify the minor's share of the inheritance; Third, the guardian applies for the transfer registration of real estate on behalf of the minor, submitting the guardianship relationship certificate and a written guarantee for the minor's interests; Fourth, establish a property management ledger, consult with other heirs before making major dispositions of the property, and keep records throughout the process. If there are disputes among multiple heirs, it is recommended to entrust a lawyer to coordinate or represent them in litigation.

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 Henglue Lawyers about specific situations.

If you are 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 Xue Suhua·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.