After the inheritance begins, who will handle the division of the estate?

2022-07-16 0 By

01 After the commencement of inheritance, who will handle the division of the estate?After the commencement of succession, the administrator handles the division of the estate.Article 1145 of the Civil Code stipulates that after the commencement of succession, the executor of the will shall be the administrator of the estate;If there is no testamentary executor, the successor shall elect an administrator without delay;If the successors are not elected, the successors shall jointly act as administrators of the estate;If there is no successor or both successors abandon succession, the civil affairs department or villagers’ committee of the place where the decedent lived shall act as the administrator of the estate.02 What is a Legacy maintenance Agreement?Legacy agreement is a natural person (legatee, dependant) and other than the successor of the organization or individual (supporter) signed by the supporter is responsible for the birth, support and death of the dependant, and enjoy the power of the agreement.Article 1158 of the Civil Code stipulates that a natural person may sign a legacy maintenance agreement with an organization or individual other than the heir.According to the agreement, the organization or individual shall bear the obligation of keeping the natural person alive and burial after death and enjoy the right to bequeath.Do children need to pay off debts of deceased parents?According to articles 1159 and 1161 of the Civil Code, if a child inherits his or her parents’ estate, he or she should first use it to pay off debts, and then distribute the rest.Repayment of debts shall be limited to the actual value of the estate. For the part exceeding the actual value of the estate, the children shall have no obligation to pay off debts, unless of course, the children pay off debts voluntarily.In the case of co-existence of legal succession, will and bequest agreement, which effect takes precedence?The effect of the agreement on legacies and support takes precedence over the will, and the effect of the will takes precedence over the legal succession.Article 1123 of the Civil Code stipulates that succession shall be handled in accordance with statutory succession after the commencement of succession.If there is a will, it shall be handled in accordance with testamentary succession or legacy;If there is a legacy support agreement, it shall be handled in accordance with the agreement.Address: No. 10 zhonghua Road, Gangkou District, Fangchenggang City complaint Tel: 0770-12345 Feel good, please click on the ↓↓