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What is the order of inheritors

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What is the order of inheritors


        

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  • 2024-06-27 12:00:59

    The order of inheritance refers to the order in which the heirs inherit the property after the death of the decedent. Article 10 of the Inheritance Law stipulates that "inheritance shall be carried out in the following order: first, spouse, children and parents; second, brothers and sisters, grandparents and maternal grandparents. After the beginning of inheritance, 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." Article 12 also stipulates that "the widowed daughter-in-law who has made major contributions to the father-in-law and mother-in-law, and the widowed son-in-law who has made major contributions to the father-in-law and mother-in-law, shall be the first order heir."
    3、 What should be paid attention to in inheritance? In inheritance, if the decedent has made a will to designate one or more of his personal property to be inherited by the legal heir, or clearly donated his personal property to the state, the collective or people other than the legal heir in the will, the will shall be executed. In addition, according to the provisions of Article 27 of the Inheritance Law, if there are any of the following circumstances in the testamentary inheritance, the relevant part of the estate shall be handled according to the statutory inheritance:
    (1) A testamentary successor abandons inheritance or a legatee abandons legacy;
    (2) The testamentary successor loses the right of inheritance;
    (3) A testamentary successor or legatee dies before the testator;
    (4) The estate involved in the invalid part of the will;
    (5) An estate that has not been disposed of by a will. The clear succession order provides a strong guarantee for the orderly division of heritage. At the same time, it should also be noted that in the division of heritage, the principles of equality between men and women, old-age care and childcare, care for the sick and disabled, mutual understanding and mutual accommodation, unity and harmony should be adhered to. Even if a will is made, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no source of income, as well as the share of the inheritance of the fetus. In addition, inheriting the estate shall pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. Where the amount exceeds the actual value of the estate, the successor shall have no obligation to pay, except, of course, those who voluntarily pay.

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