1. First of all, the compensation for death in traffic accidents is not heritage. According to Article 3 of the Inheritance Law of China, heritage is the legal personal property left by citizens when they die, including: citizens' income; Citizens' houses, savings and daily necessities; Citizens' trees, livestock and poultry; Cultural relics, books and materials of citizens; Means of production that the law permits citizens to own; Property rights in citizens' copyright and patent rights; Other lawful property of citizens. It can be seen from this that death compensation and spiritual consolation do not belong to the category of citizen's heritage in the Inheritance Law, so they cannot be treated as heritage.
2. Traffic accident death compensation is not the joint property of husband and wife. The joint property of husband and wife refers to the legal property obtained by one or both of the husband and wife during the duration of the husband and wife relationship. The relationship between husband and wife ends in divorce or the death of one party, while death compensation is generated after the termination of the relationship between husband and wife, so death compensation is not the joint property of husband and wife.
3. According to the provisions of Article 1 of the Supreme People's Court's Interpretation of Several Legal Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases and Article 7 of the Supreme People's Court's Interpretation of Several Issues Concerning the Determination of Liability for Spiritual Damage in Civil Torts, death compensation shall be enjoyed by the close relatives of the deceased, and death compensation shall first refer to the Inheritance Law The provisions of Article 10 shall be divided by the first order person according to law. If there is no first order person, it shall be divided by the second order person according to law. The obligee of the spiritual consolation fund is the close relatives of the deceased, namely the spouse, parents and children. If there is no spouse, parents and children, it shall be enjoyed by the other close relatives of the deceased.
