A citizen may make a will and dispose of his personal property in accordance with the provisions of this law, and may designate an executor. Citizens can make a will and hand over their personal property to one or several legal heirs for inheritance. Citizens can make a will to give personal property to people other than the state, the collective or the legal heir. Therefore, after the death of parents, the testator of real estate can inherit without children and relatives.
Testamentary succession needs to meet the following conditions:
1. The will must be made by the testator himself under the condition of fully exercising the will.
2. The will must be signed or sealed by the testator himself under the condition of full exercise of the will.
3. The will must be witnessed by two or more witnesses with full capacity for civil conduct when the testator signs or seals it personally, and the authenticity of the will must be proved after the testator dies.
4. The will must clearly stipulate and distribute the property.
5. The testator must be a person with full capacity for civil conduct.
The process of testamentary succession is as follows:
1. Testament authentication: A will needs to be authenticated under the witness of a notary office, a court or a witness to ensure its authenticity and validity. When applying for probate, you need to provide related materials such as will and identity certificate.
2. Estate evaluation: evaluate the estate to determine the value of the estate and the share of the heirs. This step requires the appraiser to evaluate and determine the share of the heir and the corresponding heritage value.
3. Heir confirmation: according to the provisions in the will, confirm the heir of the estate. If there is no provision in the will, the heirs can also be determined in the order of inheritance prescribed by law.
4. Heir's declaration: Heirs need to declare to the estate manager or executor whether to accept the estate. If all heirs have accepted the inheritance, they can continue to the next procedure; If the heir gives up the right of inheritance or can't contact the heir, it needs to be handled after the court announcement.
5. Distribution of inheritance: according to the inheritance order stipulated in the will or the law, the inheritance is distributed. In the process of estate distribution, it needs to be managed by the estate manager or executor to ensure the fairness and legitimacy of estate distribution.
To sum up, the process of testamentary succession may be different in different regions and countries, and local legal institutions or lawyers need to be consulted for specific circumstances.
Legal basis:
Article 123 of the Civil Code of People's Republic of China (PRC)
After the beginning of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 125
An heir who commits one of the following acts shall lose the right of inheritance:
(1) Intentionally killing the decedent;
(2) Killing other heirs in order to compete for the right of inheritance;
(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;
(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;
(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.
If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.
If the legatee commits the act specified in the first paragraph of this article, he shall lose the right to be bequeathed.