Which court should Ningbo go to for inheritance disputes? What is the jurisdiction and litigation fees?- Zhiheng Law Firm

In Ningbo, after an elderly person passed away, they left behind a house in the old city district and some bank savings. The children disagreed on how to divide the estate and were preparing to take the matter to court. The first question that often arose was not “How much will I get?” but rather, “Which court should we file the lawsuit in?” Should the case be filed with the district court where the deceased was registered as a resident, or with the district court where the property is located? What if the property is in Yinzhou, the bank deposits are in Cixi, and the deceased had been living long-term in Haishu? Jurisdiction over inheritance disputes cannot be determined simply by choosing any “nearby” or “convenient” court; there is a specific legal provision that governs this matter.

Based on Articles 34 and 121 of the Civil Procedure Law and the Measures for the Payment of Litigation Costs, this article makes clear the two things that Ningbo parties are most concerned about: which court to fight the inheritance lawsuit in, how to calculate the litigation costs and who will bear them. The litigation fee figures cited in the text are all “example estimates” calculated based on the value of the disputed estate, with the final amount subject to the court’s determination.

The first threshold of 1. inheritance disputes: the law specifically provides for the jurisdiction of the court.

Ordinary civil disputes, in many cases, the plaintiff can sue in the court of the defendant's domicile, and some contract disputes can also be agreed by both parties in advance to have jurisdiction over the court. But inheritance disputes are different. Article 34 of the Civil Procedure Law places disputes over inheritance within the scope of “exclusive jurisdiction,” meaning that the court is designated by law, and the parties have no discretion to choose. This provision stipulates that the following cases shall be under the exclusive jurisdiction of the people’s courts specified herein; in particular, subparagraph (3) expressly provides that lawsuits arising from disputes over inheritance shall be under the jurisdiction of the people’s court at the domicile of the deceased at the time of death or at the location of the principal estate.

This provision gives a very clear conclusion to the parties in Ningbo: there are only two legal jurisdictional points of connection in an inheritance lawsuit-one is the "place of residence at the time of the death of the decedent" and the other is the "place of the main estate". The plaintiff may bring suit in any one of the courts that has jurisdiction, but may not file in a court located outside these two connecting points, nor may the parties, by entering into an agreement, alter the jurisdiction to another forum. Once you fully understand this layer, many of the subsequent confusions will naturally resolve themselves.

There is another point to be made: the jurisdictional connection point is seemingly simple, and it determines "in which court to fight", not "who gets how much". Parties often conflate these two matters, mistakenly believing that simply changing courts will alter the outcome of the allocation. In fact, regardless of which competent Ningbo court hears the case, the same inheritance rules and distribution principles will apply. Choosing the right court is intended to ensure the smooth progress of the proceedings, not to influence the substantive outcome. What truly affects the distribution are the scope of the estate, the scope of the heirs, the validity of the will, and the extent to which each heir fulfilled their duty to support the deceased; these are the substantive focal points of inheritance litigation.

How to identify the two connection points of the 2.: the place of residence and the main heritage site

The law only gives two connection points, which can be specific to each family. What is the "domicile" and what is the "main heritage site" is often the first scene of disputes. The circumstances of parties in each district and county of Ningbo vary significantly and must be examined separately.

1. The place of residence of the decedent at the time of his death

The place of domicile generally refers to the place of household registration of the decedent; if the decedent leaves the place of household registration and has lived in other places for one year (except for special circumstances such as medical treatment and child care), the habitual residence may also be recognized as the place of residence. The key term here is “at the time of death,” meaning that the deceased’s domicile at the moment of death shall prevail, rather than the domicile at the time the case was filed or the current place of residence of any particular child. For example: If an elderly person is registered as a resident in Ninghai but has lived with their daughter in Haishu for a long period and has also completed the relevant residency procedures there, both Haishu and Ninghai could potentially be considered the “domicile at the time of death.” The determination must be based on the actual facts of residence and supporting evidence, and cannot be made arbitrarily.

2. Main Heritage Site

The location of the main heritage, in layman's terms, is the "main concentration" of the property left by the decedent ". The estate of a Ningbo family typically consists of one or more properties in the old urban area, bank deposits, equity or shares in township and village enterprises, resettlement housing acquired through demolition projects, fishing vessels, or other business assets. In determining what constitutes the “principal” estate, one typically considers the proportion of its value and whether the asset forms the core of the estate; if the value of real property significantly exceeds that of cash deposits, the location of the real property is generally regarded as the principal place of the estate. If the estate is scattered across multiple districts and counties in Ningbo, or if part of it is located in Ningbo while another part is in another province, you need to compare the value of the assets in each location and identify the one that constitutes the largest proportion.

3. Treatment of multi-site heritage and value at the time.

In practice, we will also encounter the situation that the heritage is distributed in many places and the value is similar. At this point, if the plaintiff asserts that a particular location is the “principal place of the estate” and the case is accepted for filing, as long as such assertion is supported by sufficient evidence, the court will generally not readily reject jurisdiction solely on the ground that “another location has greater value.” However, the defendant may still raise an objection to jurisdiction, which shall be reviewed and determined by the court. A prudent approach is to, prior to filing the lawsuit, clearly identify the location, ownership, and approximate value of the principal assets, and select the property that is least likely to be disputed and for which the evidence is most solid as the basis for choosing the court of jurisdiction.

Effectiveness of 3. exclusive jurisdiction: contractual jurisdiction does not work here

From the experience of contract disputes, many parties think that "the two sides can discuss which court to go to", which is not feasible in inheritance disputes. The purpose of establishing exclusive jurisdiction is to preclude parties from altering the jurisdiction by agreement; the law expressly provides that agreements on jurisdiction must not contravene the provisions governing exclusive jurisdiction. Therefore, even if all the heirs have previously signed a written agreement stipulating that a particular court shall have jurisdiction, such an agreement generally does not apply to the jurisdiction over inheritance disputes unless that court is located in the domicile of the deceased at the time of death or in the place where the principal estate is situated.

Related to this are jurisdictional objections. If the defendant believes that the court of first instance lacks jurisdiction, it shall raise such an objection during the period for filing a statement of defense, and the court shall review the matter and issue a ruling. It should be noted that jurisdiction is a procedural issue. If the defendant disagrees with the court’s ruling on jurisdiction, they may file an appeal; however, this should not be used as a blanket tactic to delay the substantive trial. If the objection is dismissed, not only will the court of trial remain unchanged, but it may also adversely affect the judge’s perception of the parties’ good-faith conduct in litigation. The primary-level people’s courts in Ningbo conduct jurisdictional reviews of inheritance cases in a relatively standardized manner; rather than getting caught up in repeated disputes over jurisdiction, it is better to choose the correct court from the outset.

How to calculate the 4. litigation costs: accumulated by property cases.

Succession disputes are property cases in terms of litigation costs. According to Article 121 of the Civil Procedure Law, parties initiating civil litigation shall pay the case filing fee as prescribed; in property-related cases, in addition to the case filing fee, other litigation costs may also be incurred. The specific fee schedule for inheritance cases shall be governed by the provisions of the “Measures for the Payment of Litigation Costs,” which stipulate that property-related cases are subject to a tiered, cumulative calculation based on the amount in dispute: the larger the amount in dispute, the lower the applicable rate for the portion exceeding each threshold; the total fee is calculated by summing the fees for each tier, rather than applying a single rate to the entire amount.

For ease of understanding, a comparison of the rates for each paragraph is given below, based on the value of the estate in dispute:

20million yuan |

The following is an "example estimate" to help understand how the segment accumulation is calculated. Suppose the value of the disputed inheritance in a succession dispute in Ningbo is RMB 1 million. Based on the above‑stated tiered calculation method: for the portion up to RMB 10,000, a fee of RMB 50 applies; for the portion from RMB 10,000 to RMB 100,000, RMB 90,000 is charged at a rate of 2.5%, amounting to RMB 2,250; for the portion from RMB 100,000 to RMB 200,000, RMB 100,000 is charged at a rate of 2%, amounting to RMB 2,000; for the portion from RMB 200,000 to RMB 500,000, RMB 300,000 is charged at a rate of 1.5%, amounting to RMB 4,500; and for the portion from RMB 500,000 to RMB 1 million, RMB 500,000 is charged at a rate of 1%, amounting to RMB 5,000. The total is approximately 50+2,250+2,000+4,500+5,000=13,800 yuan. To reiterate, this is merely an illustrative example based on the estimated value of the disputed estate; the actual amount shall be determined by the competent court, and the estate’s value may also vary depending on the appraisal and expert assessment findings.

5. the halving and burden of legal fees, and other money that may be spent.

Although the case acceptance fee for inheritance cases is paid according to the standard of property cases, there are several "halving" and "burden" rules that directly affect the parties' wallets. Ningbo parties are particularly concerned.

1. Three cases of halving payment

If the summary procedure is applied, the case acceptance fee shall be halved;
If the case is settled by mediation, the payment shall be reduced by half;
If the party withdraws the lawsuit, it shall be paid by half.

In inheritance cases, the proportion of family members who end up in mediation under the auspices of a judge is not low. Resolving a case through mediation not only helps preserve family ties but also reduces the court filing fee by half, which is one of the practical reasons why many parties are willing to opt for mediation.

2. Who will ultimately bear the costs of litigation.

The costs of litigation in the first instance are generally borne by the losing party; if part of the case is won and part of the case is lost, the court shall determine the proportion shared by the parties according to the specific circumstances of the case. To put it plainly, the plaintiff makes an initial prepayment when filing the case, and the court will determine in its judgment who ultimately bears the costs and the respective amounts each party is responsible for. Inheritance cases are often decided with “partial success,” and the litigation costs are likely to be borne by the parties in proportion to their respective shares.

3. Relief for genuine difficulties in payment

According to Article 121 of the Civil procedure Law, if it is really difficult for a party to pay litigation fees, he may apply for postponement, reduction or exemption in accordance with the provisions. Eligible elderly parties and low-income parties may submit the relevant supporting documents to file an application, which will be reviewed and decided upon by the court.

4. Costs that may be incurred in addition to the acceptance fee

Inheritance disputes are often more than one "acceptance fee". To prevent the transfer or sale of the deceased’s estate, the plaintiff may apply for property preservation prior to filing a lawsuit or during the litigation. This requires payment of a preservation application fee and may also necessitate the provision of security. When there is disagreement over the value of real estate or equity interests, it may be necessary to engage an appraiser or expert witness, incurring appraisal and expert opinion fees. After the case is concluded, if one party fails to comply with the judgment, an enforcement fee will also be payable when applying for compulsory execution. Real estate in Ningbo’s old urban areas and resettlement housing resulting from demolition projects often carry significant value; the associated costs can sometimes be comparable to court filing fees, so it is advisable to account for these expenses fully before initiating legal proceedings.

6. don't confuse inheritance disputes with the jurisdiction of divorce and property analysis cases.

Inheritance disputes and divorce, post-divorce property disputes, and common property division (property analysis) disputes, although they all involve family property, have different jurisdiction rules and cannot apply the same set of logic. Divorce litigation generally falls under the ordinary rules of territorial jurisdiction, which provide that the court at the defendant’s domicile has jurisdiction; it is not subject to the exclusive jurisdiction rules applicable to inheritance disputes. Moreover, actions for partition of property not divided during divorce and actions for the division of jointly owned property each have distinct jurisdictional bases.

A common mistake in practice is that a family has both inheritance issues and the division of property after divorce, and the parties think that they can "solve it all at once" in a complaint, or that all related cases have to go to the same court. The correct approach is to first clearly determine the legal nature of each claim—whether it involves inheritance, divorce, or property division—and then separately identify the court with jurisdiction over each. If several related cases happen to be under the jurisdiction of Ningbo, it is advisable to choose courts with consistent or similar jurisdictions to facilitate a unified determination of the estate and family property; however, if the courts designated by law are inherently different, the cases should not be forcibly consolidated merely for the sake of convenience. When in doubt, it is advisable to consult the case-filing window of the competent Ningbo court or the 12368 litigation service hotline before filing a lawsuit.

Reference to the main points of the judgment: Article 34, paragraph 3, of the the People's Republic of China Civil Procedure Law establishes the exclusive jurisdiction of inheritance disputes, which shall be under the jurisdiction of the people's court of the place where the decedent has his domicile or the place where the main estate is located at the time of death. The Supreme People’s Court Judicial Case Research Institute’s “Inheritance Disputes: Guidelines on Causes of Action, Jurisdiction, and Examination of the Scope and Value of the Estate” further clarifies the following key points: Inheritance disputes are not subject to exclusive jurisdiction based on real property; however, if the real property constitutes the principal asset of the estate, the location of such real property may be designated as the location of the principal asset for purposes of determining jurisdiction. Where the same or different parties file separate lawsuits in two courts that both have jurisdiction, the court that first accepts the case shall have jurisdiction.

7. Frequently Asked Questions

Q: Can I choose a Ningbo court that is convenient for me to sue?

Answer: You can only select within the legal connection point. Inheritance disputes are subject to exclusive jurisdiction, and the competent court is limited to the court at the domicile of the deceased or at the location of the principal estate. Within Ningbo City, parties may choose either of the two district/county people’s courts corresponding to these connecting points; however, they may not select a court unrelated to these connecting points, nor may they alter this jurisdiction by agreement.

Q: The old man's real estate is in Yinzhou, his deposit is in Cixi, and he lived in Haishu before his death. Which court should he go?

A: First compare the value of the inherited property, judge the "main estate location", and then combine the place of residence of the decedent at the time of death, choose one of them. If the real estate constitutes a substantial portion of the estate, the court in the location of the property is generally considered the court of the principal estate. If the values of the two properties are comparable, it is advisable to choose the court where the evidence is most readily available and where title disputes are least likely; if necessary, consult the case filing window for guidance.

Q: Do I have to bear the legal fees paid in the end?

Answer: Not necessarily. The court filing fee is initially paid by the plaintiff and is ultimately borne by the losing party, or apportioned proportionally in cases of partial success and partial failure. In cases settled through mediation, withdrawn, or subject to simplified procedures, the fee may be reduced by half. Therefore, advance payment and ultimate liability are two different matters.

Q: What if the legal fees are too high to pay?

Answer: According to Article 121 of the Civil Procedure Law, those who have real difficulties in payment may apply for postponement, reduction or exemption. Eligible parties may submit supporting documentation and apply to the court for judicial assistance, which will be reviewed and decided upon by the court.

8. Lawyer's Practical Insights

The first question that emerges from a succession lawsuit is often not how much can be divided, but which court should you go. Many people take it for granted to go to the defendant's domicile or choose a nearby convenient court. In fact, inheritance disputes are exclusive jurisdiction. The law directly specifies two connecting points: the domicile of the decedent at the time of death and the place of the main estate. The parties have no room for free selection and cannot rely on a paper agreement to change the jurisdiction to another place. First of all, only these two connection points can be identified, don't make a trip to the jurisdiction for nothing, and don't mistakenly think that a different court can change the distribution result.

In terms of procedure, evidence must be separately secured for each of the two connection points. The place of residence at the time of death depends on the place of household registration. If you have left the place of household registration for a continuous period of one year, except for medical treatment and care with children, the place of regular residence may also be recognized. The key is based on the state of residence at the moment of death, not when the case was filed or the current residence of a child. The main heritage location, look at the proportion of property value, real estate is much higher than the deposit, real estate location is generally. Before the prosecution, the household registration, residence, real estate registration and deposit place should be collected to determine where to set up.

Litigation fees are accumulated by sections of property cases, estimated based on the value of the disputed estate, and finally subject to the court's approval; the settlement of a case through mediation or the withdrawal of a lawsuit halfway can usually be halved, and the burden is distributed by the court according to the victory or defeat and fault, but don't take it as the iron rule that whoever sues is completely paid. In addition to the acceptance fee, it may also cost assessment fees, announcement fees, preservation fees, and appraisal fees. Don't confuse inheritance disputes with the jurisdiction of divorce and property analysis cases, which connect different points. The right court is chosen for the smooth procedure. What really affects the distribution is the scope of the estate, the scope of heirs, the validity of wills and the situation of each person's duty of maintenance. These are the substantive focus. Before filing a case, the evidence should be focused on this.