1. Clean up the estate and make an inventory of the estate;
As far as the common situation is concerned, most of the people do not have a clear idea about the property in their name. They have not sorted out their property while they were alive and have not left a reliable inventory of their estate after their death, making inheritance very difficult. This requires the administrator of the estate to collect various clues about the property and try not to miss anything. The Civil Code does not stipulate the time, requirements and contents of the preparation of the estate list. Referring to the estate list system of other countries or regions such as Germany and Japan, the following issues should be noted in the process of preparing the estate list:
(1) Time Limit for Preparation of the Inventory of the Estate
Referring to the inventory system of Germany and Japan, the time limit for the preparation of the inventory is specified, for example, the time limit for the preparation of the inventory of the estate in China has been set by the Ministry of Justice. For example, the Civil Law of Taiwan stipulates that the administrator of an estate shall prepare an inventory of the estate within three months after taking office.
(2) The content of the inventory
The inventory should be as detailed and specific as possible to facilitate the heirs' inventory. In terms of content, it should cover the type of property (categorized as property, vehicles, land use rights, intellectual property rights, financial assets, etc.), detailed information about the property and its current status, and the status of property rights (individually owned or ****owned). If there are many types of estates, widely distributed areas and various forms of management, then consideration may be given to organizing the inventory of estates into a book and registering it in detail. Once the inventory has been created, it should be disclosed in detail to the heirs in a meeting with the heirs, and the final version should be confirmed by the signatures of the person who created it and the heirs **** together.
(3) Working Methods of Making the Inventory of Inheritance
Making the Inventory of Inheritance and investigating the inheritance should not be done on paper, and the clues of the inheritance in hand should be verified through a combination of written verification and on-site visits. After verification, for the decedent and others **** have or by others in possession of the property, in the analysis of property or get back the property, should also pay attention to the way and method of work. On the basis of extensive consultation with the heirs, and adhering to the principle of not jeopardizing the utility of the inheritance or devaluing it, consultations are held with the other *** owners and persons in actual possession of the property. If negotiations fail, the matter will be resolved through litigation.
(4) Inventory not only contains a list of property, but also heir information should be included
Estate administrators in the production of the list, but also related to the inheritance of bequests to the dependents of the heirs designated by the will and the legal heirs of the relevant information collection, and as a working material to be retained for the next step in the work required.
2. Handling of debts and claims of the decedent
Although the Civil Code makes handling of debts and claims of the decedent a statutory duty of the administrator of the estate, this provision is inevitably too broad before the issuance of the accompanying judicial interpretations. Practice, there are still many problems to be solved. For example, the administrator of the estate in what capacity against the debtor, is the administrator of the estate or the decedent's agent? When a creditor of the decedent brings a lawsuit or applies for execution, can the administrator of the estate be directly named as the defendant or executor? Is it necessary for the administrator to obtain the consent of the heirs when settling the debts of the decedent with the estate? Regarding these questions, the author believes that reference can be made to the relevant provisions of the bankruptcy administrator, before the estate is divided, the genetic administrator is able to file a lawsuit or respond to a lawsuit in the name of the genetic administrator. Judicial practice has also appeared in similar cases, such as xuzhou city ju ning county court of an executive case, the heir Zhao moumou for the executor, in the process of execution Zhao moumou died, his heirs unanimously elected his eldest son Zhao moujia as the administrator of the estate, to determine the administrator of the estate, the court in accordance with the "civil code" and the "provisions of the provisions of a number of issues to change and add parties" ruled to change the executor for the estate Administrator Zhao Moujia.
2. Reporting on the estate to the heirs;
3. Taking necessary measures to prevent the destruction or loss of the estate;
4. Dealing with the debts and liabilities of the decedent;
5. Dividing the estate in accordance with the will or in accordance with the provisions of the law;
6. Carrying out other necessary acts related to the administration of the estate.
Administrators of estates shall perform their duties in accordance with the law, and shall be liable for civil liability for damages caused to heirs, legatees, and creditors due to willfulness or gross negligence. The administrator of the estate shall perform his duties in accordance with the law, and shall bear civil liability if he causes damage to the heirs, legatees, or creditors due to intent or gross negligence. The administrator of an estate may be remunerated in accordance with the provisions of the law or in accordance with the agreement. A person who has an estate shall keep it in safe custody, and no organization or individual may misappropriate or compete for it. Unless otherwise agreed, half of the property owned by the husband and wife **** together shall be divided for the spouse and the rest for the estate of the decedent.
If the estate is among the family's ****-owned property, the division of the estate shall be preceded by the division of the property of others.
Legal basis:
Article 1147 of the People's Republic of China*** and National Code stipulates that the administrator of the estate shall perform the following duties:
(1) to clean up the inheritance and make a list of the inheritance;
(2) to report to the heirs on the state of the inheritance;
(3) to take the necessary measures to prevent the destruction or extinction of the estate. necessary measures to prevent the destruction or loss of the estate;
(iv) dealing with the debts and liabilities of the decedent;
(v) dividing the estate in accordance with the will or in accordance with the provisions of the law
(vi) carrying out other necessary acts related to the administration of the estate.
Article 1148 The administrator of an estate shall perform his duties in accordance with the law, and shall be liable for civil responsibility if he causes damage to the heirs, legatees, or creditors due to willfulness or gross negligence.
Article 1149 The administrator of an estate may be remunerated in accordance with the provisions of the law or in accordance with the agreement.
Article 1150 After the commencement of succession, an heir who knows of the death of the decedent shall promptly notify the other heirs and the executor of the will. If none of the heirs knows of the death of the decedent or knows of the death of the decedent but is unable to notify, the unit in which the decedent was living or the residents' committee or villagers' committee of the place of residence of the decedent shall be responsible for the notification.
One thousand one hundred and fifty-one persons who have an inheritance shall keep the inheritance in safe custody, and no organization or individual may misappropriate or compete for it.
Article 1152 If, after the commencement of inheritance, an heir dies before the division of the estate and has not renounced the inheritance, the inheritance which the heir should have inherited shall be transferred to his or her heirs, unless the will provides otherwise.
Article 1,153 The property owned by husband and wife **** together, unless there is an agreement, when the estate is divided, half of the property owned by **** together shall first be divided for the spouse's ownership, and the rest for the estate of the decedent.