Brother Qin passed away, so how to divide the property inheritance?

After the death of my brother, the inheritance order of the property is as follows:

1, the first order is: spouse, children, parents. Among them, spouses enjoy equal inheritance rights regardless of gender; Children, including legitimate children, illegitimate children, adopted children and stepchildren with dependency; Parents, including biological parents, adoptive parents and adoptive parents;

2. The second order is: brothers and sisters, grandparents, grandparents. Among them, brothers and sisters include brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent, and men and women have equal inheritance rights; Grandparents and grandparents are commonly known as grandpa, grandma, grandpa and grandma.

The right of inheritance has the following legal characteristics:

1, property right, which realizes the transfer of property through inheritance;

2. Based on personal relationship. The legal inheritance rules of all countries in the world are determined according to the marriage and blood relationship between the heir and the decedent.

3. The realization of inheritance right should have certain legal facts. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs;

Only after the legal facts of the decedent's death appear, the right of inheritance becomes the right of inheritance, and inheritance begins. In countries that implement the testamentary succession system, it is also necessary to have the legal facts that the decedent made a will.

To sum up, inheritance is a legal system, which refers to the legal system of transferring the property and other legitimate rights and interests of the deceased to the person who has the right to obtain the property. Between two legal heirs, the first heir has priority. That is, after the decedent dies, the heir in the first order inherits the property first. In the absence of the first-order person or the first-order heir to give up inheritance or be deprived of inheritance, the second-order heir will inherit the inheritance. Among the legal heirs in the same order, all heirs have equal legal status and enjoy the right of inheritance regardless of gender, age and family.

Legal basis:

Article 127 of the Civil Code of People's Republic of China (PRC)

Inheritance is carried out in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.

The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.

The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship.

Brothers and sisters referred to in this part include brothers and sisters with the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.