How do heirs inherit: Analysis of hot topics on the Internet in the past 10 days
Recently, legal issues regarding property inheritance and inheritance distribution have once again become the focus of heated discussion in society. This article combines the hot topics on the Internet in the past 10 days to sort out the legal processes and precautions related to inheritance of property by heirs, and presents typical cases and key information in structured data.
1. Legal basis for inheritance rights
According to the Inheritance Chapter of Part VI of the Civil Code of the People's Republic of China, heirs mainly include: spouse, children, parents (first-order heirs), brothers and sisters, grandparents, and maternal grandparents (second-order heirs). There are two types of inheritance: statutory inheritance and testamentary inheritance.
| Inheritance method | Applicable conditions | priority |
|---|---|---|
| testamentary succession | The decedent left a legal and valid will | Priority over statutory inheritance |
| Legal inheritance | No will or invalid will | Assigned in legal order |
2. Recent popular inheritance cases (2023 data)
| Case type | focus of controversy | Processing results |
|---|---|---|
| Real estate inheritance disputes | Many children are dissatisfied with their parents’ property distribution | The court divides according to the legal inheritance ratio |
| Disputes over the validity of wills | Authenticity of handwritten will questionable | Confirmed to be valid by handwriting identification |
| virtual property inheritance | Game account, digital currency inheritance | The platform cooperates with the transfer procedures |
3. Inheritance Process Guide
1.Confirm inheritance eligibility: Provide proof of kinship (household registration book, birth certificate, etc.)
2.estate inventory: List of real estate, deposits, securities and other properties
3.Choose inheritance method: Notarized inheritance (all heirs need to be present) or litigation inheritance
4.Handle transfer of ownership: Change of property rights with the notarial deed of inheritance or judgment
| Matters to be handled | Materials required | Processing time limit |
|---|---|---|
| Notarization of inheritance | Death certificate, kinship certificate, property certificate | 15-30 working days |
| Real estate transfer | Notarized inheritance certificate, real estate certificate, identity certificate | 7-15 working days |
4. Handling special situations
1.Subrogation: When the decedent’s children die before the decedent, the grandchildren will inherit on behalf of the decedent.
2.transfer inheritance: If the heir dies after the inheritance begins and before the estate is divided, his share will be transferred to his heirs.
3.foreign inheritance: It is necessary to apply for recognition and execution in China after being notarized and certified abroad.
5. Latest policy developments
Implemented in multiple places in 2023"Register of Estate Administrators"There are systems and professional organizations that can assist in dealing with complex estates. The State Administration of Taxation has clarified that legal heirs who inherit land and house ownership are exempt from deed tax (proof of kinship must be submitted).
Warm reminder:It is recommended to make a notarized will in advance and update the property list regularly. When an inheritance dispute occurs, you can apply to the People's Mediation Committee for mediation or file a lawsuit with the People's Court. The statute of limitations for inheritance disputes is three years, starting from the date when the heir knew or should have known that his rights had been infringed.
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