I have a question regarding the division of inheritance. Both my parents have passed away, so what do we need to do to distribute the estate among siblings in the family?
Answer:
In terms of procedural sequence, the process of dividing inheritance can be imagined as follows:
The heirs must notify the opening of inheritance or announce the will (if there is one).
Draft an agreement among the heirs regarding the division of the estate. In cases where the inherited estate includes land use rights, land use rights, and assets attached to the land, they must be notarized or certified.
For cases of notarization or certification:
In the case of inheritance according to the law: (1) draft an agreement on the division of the estate; (2) draft a declaration of inheritance if only one person is entitled to inherit according to the law or if multiple individuals are entitled to inherit according to the law but agree not to divide the inheritance.
In the case of inheritance according to the will: draft an agreement on the division of the estate if the will does not clearly specify the portion of the inheritance each heir is entitled to (in practice, wills often specify the heir without clearly delineating the portion of the inheritance each heir is entitled to).
The notarized agreement on the division of the estate is one of the bases for the competent state authority to register the transfer of land use rights, ownership rights to assets for the designated heirs.
