[Direct answer]In the Beijing area, this is called transfer succession—when an heir dies after the decedent's death but before the inheritance is divided, the inheritance share that he/she should have inherited is transferred to his/her own heirs. Breaking down the rules into three key points: the applicable prerequisite are that the decedent dies first and the inheritance has not yet been divided; what is transferred is the "inherited share" rather than the right of succession itself; the successors are the legal heirs of the deceased heir (note that substituted succession does not apply here, as the death occurs after the succession begins rather than before it). In families where multiple generations live together and pass away one after another, transfer succession and substituted succession are often confused. Clarifying the timeline is the key to solving the problem.

1. Problem background and typical scenarios

The owner of the old house passed away, but the inheritance process hadn't been completed yet. Three months later, the eldest son, who was supposed to inherit the house, also died of a sudden illness. The eldest son's wife and children, as well as the father's other children, all claimed the house. How should the house be divided? Another example is that the will stipulated that the house would be given to the second daughter. However, the second daughter died before the transfer of ownership after the old man's death. Could the inheritance rights be transferred to the second daughter's children? Successive deaths and delayed property division are the most headache-inducing types of inheritance disputes.

II. Key points of contention

First, the criteria for distinguishing between transferable succession and subrogated succession. Second, the calculation of the share of transferable succession and the scope of inheritance. Third, the disposition of the testator's interests in the event that the testator dies before the inheritance is divided. Fourth, a timeline analysis of multiple rounds of transferable succession.

III. Professional analysis by Henglue Lawyers

The first layer, the dividing line between subrogated succession and vicarious succession: Vicarious succession is "the white-haired sending off the black-haired" — the heir dies before the decedent, and his/her younger direct blood relatives take over, inheriting the share that should have been inherited by that child; Subrogated succession is "the inheritance hasn't been divided yet, and the heir has already left" — the death occurs after the succession begins, at which time the heir has already obtained ownership of the share of the inheritance (the succession begins when the decedent dies), and the share becomes part of his/her personal inheritance, which is then distributed to his/her heirs according to the statutory succession; Judging rule: If the death occurs before the decedent, use vicarious succession; if it occurs after the decedent, use subrogated succession. This case is handled by Beijing Henglu Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative authority) acts as the agent. **Second Level: Scope and Calculation of Shares in Transferred Succession**: The deceased successor’s shareable estate is first calculated from the decedent’s estate (by first separating the marital joint property and then determining the first-order successors and their respective shares). This share is considered the deceased successor’s estate, which is inherited by their legal successors (spouse, children, parents, etc.). - Note that parents may also inherit in transferee succession: If the deceased successor’s parents are still alive, they also participate in the transferee succession. - In cases where the testator dies before the distribution of the estate, the testamentary property becomes part of the decedent’s estate, which is then inherited by their legal successors, ensuring the continuation of the testator’s intent. **Third Level: Method for Organizing Multiple Rounds of Death Timelines**: In inheritance cases handled by our firm, it is common for three generations of ancestors and descendants to die in succession. The method involves four steps: - First, draw a timeline and mark the death dates of each relevant person, along with their marital and child-related statuses. - Second, divide the inheritance layer by layer according to the order of deaths, completing the process of "property separation and share calculation" at each level. - Third, identify whether each death occurred before or after the start of the inheritance and apply either subrogation or transferee succession accordingly. - Fourth, for registered assets like real estate, consolidate the final ownership and handle joint registration or discounted transfer for multiple claimants. **Fourth Level: Practical Risk Alerts**: 1. Transferee succession often expands the circle of successors to unexpected family members (e.g., the deceased successor’s spouse and in-laws may also inherit). Counseling should include psychological preparation for this. 2. A responsible administrator must be appointed before estate distribution to prevent individual disposal of shareable assets. 3. Multiple-round inheritance cases involve numerous litigation parties. Professional lawyers should draw inheritance diagrams and identify appropriate defendants to avoid procedural delays. 4. Families should draft wills that explicitly state "the property shall go to a specific child after my death," as this directly impacts asset distribution. When drafting a will, it is advisable to consult professionals to incorporate potential transferee succession variables into the design.

IV. Practical suggestions and legal basis

The first step is to draw a family tree showing the relationship between the deceased and their relatives, and distinguish the applicable layers of subrogation and transfer of succession. The second step is to analyze the inheritance at each layer and calculate the share of inheritance for each layer. The third step is to summarize the final ownership and negotiate a discount or joint registration. The fourth step is to initiate litigation promptly if there are major disputes, and to include all interested parties in the process. Main legal basis: Articles 1121, 1127, and 1152 of the Civil Code of the People's Republic of China regarding the transfer of succession; relevant provisions of the Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding transfer of succession: 1. Transfer of succession occurs after the start of inheritance, and the inheritance shares are redistributed in a new round. 2. Subrogation depends on the order of deaths, while transfer of succession depends on the timing of the division of assets. 3. When multiple generations pass away successively, it’s crucial to first establish a timeline and then analyze the assets layer by layer to accurately calculate the inheritance. For cases involving transfer of succession and complex family inheritance disputes, legal assistance can be sought through appropriate channels.\nInheritance of property and division of family assetsThe service provides a comprehensive solution, which can be combined with the registration of property inheritance.Real estate transactions and construction projectsFor those interested in comprehensive solutions to marriage and family matters, the following resources may be helpful:Divorce litigation and family disputesFor those who need help with difficult inheritance issues, they can consult the column for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the elderly person passes away and their son also dies after that, how will the grandchildren inherit the estate?

Inheritance by descent: The son's share of the inheritance becomes his estate, which is then distributed among his legal heirs, including his spouse, children (including other children), and parents.

Q2: What should I do if the heir to the will dies before the transfer of ownership takes place?

The property in the will is converted into the testator's estate after his death and is inherited by his legal heirs, and the burden obligations set forth in the will are also inherited together with it.

Q3: Can the parents of the deceased heir receive a share when there is a transfer of inheritance?

Yes. Transfer of succession shall be handled in accordance with statutory succession. The spouse, children, and parents of the deceased are all first-order successors.

Q4: If the inheritance has already been divided, can it still be transferred for succession?

No. After the division is completed, the ownership of the property has been determined, and the property acquired by each party will be handled in accordance with the general inheritance rules, and the rules of transfer inheritance will no longer apply.

Q5: How should we calculate the share of the several people who died one after another in a fair way?

Calculate by floor according to the time of death, with each floor first identifying the joint property and then determining the scope of heirs; it is recommended to entrust a lawyer to draw an inheritance map and conduct accounting to avoid over- or under-counting.

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 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 evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Henglue 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 case of disputes, please consult a practicing lawyer in time.