Estate distribution

Sequence of estate distribution

Estate distribution Order refers to being heir After death, heir inherit The order of inheritance.

The estate shall be inherited in the following order:

First order: spouse, children, parents.

The second order: brothers and sisters, grandparents, maternal grandparents.

After the beginning of succession, the successor in the first order shall inherit, and the successor in the second order shall not inherit. If there is no successor in the first order, the successor in the second order shall inherit.

Ways of inheritance distribution

1、 Physical partition

Legacy On the condition that the principle of division is not violated, the division of property may take the form of physical division. The inheritance applicable to physical partition may be separable or indivisible. For separable objects, the overall physical objects can be divided. As for grain Food can be divided into the amount that each successor should inherit. But for indivisible objects, they cannot be divided as a whole, but only as individuals, such as televisions and refrigerators. If an indivisible object cannot be divided into physical objects, a discount shall be taken The method of price compensation.

2、 Price conversion segmentation

For an estate that is not suitable for physical partition, it may be sold in exchange for a price, and then the heirs shall divide the price according to the proportion of their share of the estate and obtain the price corresponding to their share of the estate.

3、 Compensation division

Proportion of estate distribution

1. Generally, heirs in the same order should inherit the same share of the estate.

according to Legal succession General principles of inheritance distribution in In the same order Legal heir When inheriting an estate, in general, the amount of the estate shall be distributed equally according to the number of successors. The so-called "general situation" refers to the legal heirs in the same order, each other's living conditions Labor capacity and contribution to the decedent raise 、 support or support In terms of obligations, the situation is basically the same, and the conditions are roughly similar. The so-called "equal distribution of inheritance" refers to the inheritance obtained by each legal successor in the same order The proportion of the amount of human heritage is the same, there is no obvious difference.

　　 2. Under special circumstances, the share of inheritance of legal heirs may not be equal.

According to the relevant provisions of the law, special circumstances mainly refer to:

(1) For heirs who have special difficulties in life and lack the ability to work, care should be given when distributing the inheritance

How to divide the property after the death of one parent

1. One parent died, leaving will Situation of

If one of the parents dies and has his own distribution or idea of property, and leaves a will, Inheritance of property It will be distributed according to the content of the will, which can reduce the internal conflicts of the family and is the fastest way to inherit.

2. If one parent dies and the left property includes one party's personal property

If one parent dies and the property left by the deceased party involves the other party's personal property and has been established, the other party's personal property still belongs to personal property, and the successor can only inherit if it is not within the scope of inheritance Conjugal property Part of.

3. The situation that the property left behind by the death of one parent is common property

When one parent dies and the left property is the joint property of the husband and wife, inheritance shall be carried out according to the legal inheritance rules and order.

《 Civil Code 》Succession in the prescribed order: the first order is spouse, parents and children, of which the children mentioned in the legal provisions include legitimate children Illegitimate child Adoptive children and step children who are dependent on each other include brothers and sisters of the same parents, half brothers and sisters, adopted brothers and sisters, and step brothers and sisters who are dependent on each other.

The parents mentioned include biological parents, adoptive parents and step parents who have a dependency relationship. The above persons are the first heirs and can inherit the property left by one of their parents after their death. If there are other special agreements and conventions, they should be distinguished in detail.

If there is no heir in the first order or if both of them decide to abandon the inheritance of property, the heir in the second order shall inherit. Successors in the second order: brothers and sisters, grandparents, maternal grandparents.

How to distribute the property after the death of one spouse

1、 How to distribute the property after the death of one spouse?

Property after the death of one spouse Estate distribution It is to divide half of the common property of the husband and wife into the possession of the spouse first, and the rest part is the first order heir Equal inherit 。 The first order heirs are generally spouses, children and parents, who can equally divide the legal property of the deceased. However, the order of succession stipulated in the Civil Code cannot replace that of the parties will , but a will cannot infringe upon another's property.

Unless otherwise agreed, if the estate is divided, half of the property jointly owned by the husband and wife during the duration of the marriage relationship shall be allocated to the spouse first, and the rest shall be the estate of the decedent.

Successors are divided into the first order: spouse, children and parents. The second order: brothers and sisters, grandparents, maternal grandparents.

Successors in the same order shall generally inherit in equal shares. When distributing the estate, consideration shall be given to heirs who have special difficulties and lack the ability to work. When distributing the estate, a successor who has made major contributions to the decedent or who lives with the decedent may receive a larger share. Have the ability to support and

Does inheritance after marriage belong to the joint property of husband and wife

Belongs to, with the exception of the property specified in the will or gift contract as belonging to only one party.

Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the period of marriage shall be the joint property of the husband and wife and shall be jointly owned by them:

（1） Wages, bonuses and labor remuneration;

（2） Income from production, operation and investment;

（3） Income from intellectual property;

（4） Inherited or donated property, with the exception of the third item of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

Husband and wife have equal rights to dispose of their common property.