1. If the decedent made a will before his death, he will inherit it according to the will, otherwise he will inherit it according to the law:
2. If there is no will, it will be inherited according to law, and there is no legal first-order heir (parents, spouse, children); Inherited by the second legal heir;
3. In principle, the inheritance should be equally distributed among the heirs in the same order;
4. If there is any objection to the allocation of shares, a third party may be invited to mediate or bring a lawsuit.
The latest policy on inheritance of parents' property is as follows:
1. Inheritance must begin after the death of the deceased. The inheritance right stipulated by law is only a kind of expectation right enjoyed by heirs. Inheritance does not happen until the decedent dies, and the right of inheritance becomes a vested right only after the decedent dies. To realize the testamentary succession, the decedent must have a legal will before his death and the decedent has died, otherwise there will be no testamentary succession. If parents are alive, their children can't inherit the property. It is ok for parents to give property to their children, but this behavior is called gift before death, not inheritance;
2. The person who inherits the estate must be the legal heir of the decedent, that is, the legal heir or testator. The legal heirs are spouse, children, parents, brothers and sisters, grandparents and grandparents.
To sum up, after the death of a widowed old man who has no children to inherit the estate, the civil affairs department or villagers' committee of the old man's place of residence should be used as the estate manager for public welfare undertakings and owned by the state.
Legal basis:
Article 1 145 of the Civil Code of People's Republic of China (PRC).
After the inheritance begins, the executor is the administrator of the estate; If there is no executor, the successor shall elect the administrator of the estate in time; If no successor is elected, the successor * * * shall be the administrator of the estate; If there are no heirs or all heirs give up inheritance, the civil affairs department or villagers' committee at the decedent's domicile shall be the administrator of the estate.
Article 146
If there is any dispute over the determination of the estate manager, the interested party may apply to the people's court for the appointment of the estate manager.
Article 160
Legacy that is not inherited or bequeathed shall be owned by the state and used for public welfare undertakings; If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization to which he belongs.