Who will make the "heritage list" after Ningbo's inheritance begins? How to list the heritage and what is its use?- Zhiheng Law Firm

In Ningbo, when an elderly person passes away, what’s often left behind is not just an old house. Bank deposits, wealth management products, stock accounts, inventory and equipment held by a self-employed business, corporate equity, vehicles owned, loans extended to relatives and friends—along with the outstanding mortgage, unpaid medical bills, and taxes due—are all laid out before the family. By the time the spouse and children sit down to discuss how to divide the estate, they often find that few can clearly account for what assets the elderly person owned, their value, or whom they owed money to. At this point, a legal figure that is often overlooked enters the picture—the estate administrator. The very first task upon assuming office is to inventory the estate and prepare an estate inventory. This list determines both “what can be distributed and in what amounts” as well as “how the debts will be repaid and who gets paid first.” Next, from the perspective of a party involved in Ningbo, we will clarify who should compile this list, what it should include, and what benefits it offers once it is drawn up.

Article 1,121 of the Civil Code provides that inheritance commences upon the death of the decedent. In other words, from the moment the elderly person passes away, the property transitions from personal ownership to the status of an estate pending inheritance. For a city like Ningbo, where the private sector is vibrant and household assets take diverse forms, it is quite common to see real estate, equity holdings, and business‑related assets coexisting, which in turn increases the complexity of estate inventory. First, clearly list everything on this checklist; that way, the subsequent division of assets, debt repayment, and property transfer won’t get messed up.

1. After the inheritance begins, why does a Ningbo family need an inventory of the estate?

Article 1,121 of the Civil Code clearly stipulates that inheritance commences upon the death of the decedent. Once inheritance proceedings commence, the estate enters a state awaiting distribution. Until the formal division takes place, questions such as who will be responsible for safeguarding the house, who will exercise the rights associated with corporate shares, whether deposits might be secretly withdrawn by a relative, or who should handle creditors who come calling, will not be resolved automatically. In reality, many families in Ningbo have been in a vacuum where no one is officially responsible for the inheritance for a long time after the death of the old man: the house is empty and no one collects the rent; The shop is still open, but the income is credited to the card of the deceased. Some people paid the funeral expenses in advance, but they don't know how to calculate it back in the future.

For this very reason, the law has established a system of estate administrators, the primary purpose of which is to ensure that the estate is properly managed and preserved prior to its distribution, thereby safeguarding the interests of both the heirs and the beneficiaries under a will, as well as those of creditors. The first statutory duty of the administrator upon assuming office is to liquidate the estate and prepare an inventory of the assets. Whether the list is clear or not often determines whether the subsequent division will be based on documented evidence or devolve into arguments based on gut feelings. For the parties involved in Ningbo, rather than disputing during the property division phase whether this sum of money even exists, it is better to clarify the family’s financial situation from the very beginning.

2. Who will compile this list: the order of inheritance administrators and dispute resolution

Article 1,145 of the Civil Code clearly sets forth the order of priority for designating an estate administrator, which is structured in four tiers.

First, the executor of the will shall serve as the estate administrator. If the deceased made a valid and legally effective will during their lifetime and appointed an executor, that executor shall serve as the estate administrator and be responsible for managing the estate and preparing an inventory thereof.
In the second instance, where there is no executor, the heirs shall promptly appoint an estate administrator. The selection may be made by unanimous agreement among all heirs; it is advisable to formalize the selection in writing and have it signed for confirmation.
In the third instance, if no heir has been designated, all heirs shall jointly serve as estate administrators. In other words, all heirs collectively assume the responsibilities of settling the estate, preparing an inventory, and safeguarding the assets.
On the fourth level, if there are no heirs or all heirs have renounced the inheritance, the civil affairs department of the deceased’s last domicile or the village committee shall serve as the estate administrator.

It should be specifically noted that, in the event of a dispute over the appointment of the estate administrator, the matter may also be submitted to the court for resolution. Article 1,146 of the Civil Code provides that, where there is a dispute over the designation of an estate administrator, any interested party may apply to the people’s court for the appointment of an estate administrator. So-called interested parties include both heirs and legatees, as well as creditors. In Ningbo’s practice, when heirs cannot agree on who should serve as the administrator, or when creditors have doubts about the suitability of the current administrator, they may seek a court appointment through this procedure.

Additionally, attention should be paid to the determination of the place of residence. The place of residence of the decedent may involve different understandings such as the place of household registration and habitual residence. The basic people's courts in various districts of Ningbo (such as Haishu, Jiangbei, Yinzhou, Zhenhai, Beilun, Fenghua, etc.) will grasp the place of residence in specific cases. Judgment will be based on the actual life and business conditions of the parties. When the fourth tier is involved, it is recommended to prepare the relevant certification materials in advance.

What should be written on the 3. list: first distinguish which is heritage and which is not

Article one thousand one hundred and twenty-two of the Civil Code stipulates that the estate is the personal legal property left by the death of a natural person; the estate that cannot be inherited according to the law or its nature shall not be inherited. This is the overarching principle for compiling the inventory: Only the deceased’s lawful personal property may be included; items that do not constitute part of the estate—regardless of their connection to the deceased or their substantial value—must be excluded.

Typically, the following categories need to be inventoried and listed:

Real estate: houses, shops, parking spaces, farm houses and other houses and their land rights and interests, subject to the registration of rights.
Financial assets: bank deposits, financial products, funds, stocks, bonds, balance of third-party payment accounts, etc.
Operating rights and interests: the assets of individual industrial and commercial households, the share of the partnership, the equity of the company, etc.
Movable property: vehicles, valuables, collectibles, etc.
Creditor’s rights: The deceased’s rights to claim loans, payments for goods, rents, and other similar claims against third parties.
Negative assets: outstanding loans, accounts payable, trade payables, and taxes that are required by law to be paid.

It is also important to identify property that looks like heritage but is not. The common ones are: the beneficiary is designated in the life insurance contract, and the insurance money with the beneficiary as the object of payment is usually not regarded as an inheritance; the death compensation and pension are the comfort and compensation to the close relatives, which do not belong to the inheritance in principle; the right to use the homestead has the attribute of identity and security, and generally cannot be directly inherited as an inheritance; in addition, the right with personal exclusive attribute cannot be inherited according to its nature. Whether these items are included on the list directly affects whether they can be divided later; each item must be assessed individually, rather than automatically including everything listed under the elderly person’s name.

To facilitate the process, you can first categorize your assets according to the table below; the format is as follows. When completing the form, please refer to the actual supporting documents.

4. What is the purpose of an inventory of the estate: defining the scope, determining the value, and specifying the division and debt repayment.

Article 1,147 of the Civil Code stipulates the duties that the estate administrator should perform, including: the first item, clearing the estate and making an inventory of the estate; the second item, reporting the estate to the heirs; the third item, taking necessary measures to prevent the estate from being damaged or lost; the fourth item, dealing with the creditor's rights and debts of the decedent; the fifth item, dividing the estate according to the will or the law; the sixth item, to perform other acts necessary in connection with the management of the estate. It can be seen that cleaning up the estate and making a list of the estate are listed in the first place, which is the basis of other duties. If the list is not done well, it is impossible to report, keep, deal with creditor's rights and debts, and divide them.

Specifically, the inventory of an estate serves at least the following purposes. First, determine the scope of the estate. It is clear at a glance which is an inheritance and which is not, so as to avoid involving the money that does not belong to the inheritance and to avoid the omission of the calculation. Second, determine the value of the estate. The division must be based on a clear benchmark; for example, the valuation date and methodology for real estate, as well as the balance date for deposits, all need to be specified in the inventory. Third, to prevent omissions, concealment and competition for production. A list that has been confirmed by all parties can significantly reduce disputes over unauthorized transfers or unaccounted funds. Fourth, as the basis for division. The calculation of inheritance shares is based on the property listed in the list. Fifth, as a basis for the settlement of debts and taxes. Article 1,159 of the Civil Code provides that the division of an estate shall pay off the taxes and debts payable by the heirs in accordance with the law. The order of debt repayment before division cannot be reversed, and debt repayment starts with the debts listed in the list. Sixth, it is transparent to creditors, who can judge whether the estate is sufficient to settle and decide whether to claim their rights.

How to list the 5.: an actionable step

The heritage list is not a note, but a document that needs to be checked. You can proceed as follows.

Determine the base date. The valuation shall be based on the date of the decedent’s death; subsequent changes, such as interest on deposits and fluctuations in property prices, should be disclosed separately and not included in the original amount.
Collection of ownership documents. Collect as many supporting documents as possible, including the property ownership certificate or real estate registration certificate, the house purchase contract, bank statements and account details, securities account statements, proof of equity holdings, vehicle registration certificate, promissory notes and transfer records, loan contracts, tax payment certificates, and other relevant documentation.
Sort Counting. First, classify assets into two broad categories: positive assets and negative assets. Then, further subdivide them into real estate, financial assets, business interests, personal property, receivables, and other items, and register each item individually.
Valuation by item. Indicate the method and point of valuation for each property; where it is difficult to price directly, indicate the valuation to be assessed and justify it.
Reconcile debts and taxes. On the one hand, to confirm the deceased's external claims, on the other hand, to verify arrears, loans, taxes and fees payable, to avoid only inventory assets but not debt.
Form a written list and sign for confirmation. Produced by the manager, indicating the date of production, if necessary, signed or sealed by the relevant personnel.
Report to the heir. This link corresponds to the second duty of Article 1,147 and informs the heirs truthfully of the estate.
Implement safekeeping measures. In accordance with Article 1,147, paragraph 3, necessary measures shall be taken to prevent damage to or loss of property that is fragile or subject to depreciation.

In the actual treatment of Ningbo, if the estate involves real estate that needs to be transferred and equity that needs to be realized, it is often necessary to consider tax, evaluation, notarization and other links at the same time. It is recommended to plan together when making the list, instead of waiting for the division to find that the formalities are stuck.

The 6. list is not clear, the manager is not responsible: responsibility and response

Article 1,148 of the Civil Code stipulates that the estate administrator shall perform his duties in accordance with the law; if the heirs, legatees or creditors are harmed by intentional or gross negligence, he shall bear civil liability. This means that the administrator is not merely a figurehead; it is a statutory requirement for them to conduct a truthful, complete, and timely inventory and prepare an accurate list. If the administrator neglects to count the estate, allows it to be lost, or conceals the property, resulting in damage to the heirs or creditors, he may bear the corresponding civil liability.

In the actual operation of Ningbo families, the common problems include: multiple heirs do not give in to who is the manager; individual heirs have the passbook and real estate certificate but refuse to cooperate with the inventory; some people take the cash and transfer the vehicle first after the death of the old man; creditors are worried that the estate will be divided and require liquidation first. In view of these situations, we can consider separately: if there is any dispute over the determination of the administrator, the interested party may apply to the court for appointment in accordance with Article 1,146; For the behavior of refusing to cooperate and concealing the transfer of property, attention should be paid to timely fixing the evidence and claiming the corresponding legal consequences in the subsequent division. For creditors, timely understanding of the status of the estate and claiming debt settlement are the key to protect their own rights and interests. When necessary, you can call the court litigation service hotline 12368 to consult the relevant procedures such as filing and designation.

7. Frequently Asked Questions

Question 1: Is the heritage list issued by the notary office? Can it be divided directly without the list?

An inventory of an estate is not the exclusive prerogative of notarial institutions. According to Article 1147 of the Civil Code, it is the legal duty of the estate manager to make a list of the estate, which is the responsibility of the executor or the estate manager determined by law, and the subject of the issue depends on the specific circumstances. The notarization of inheritance may also involve property inventory, but the two are not the same thing and cannot be confused. As for whether there is no list can be directly divided, the law does not set the list as a precondition for division, but the scope of the estate, value, debt has not been verified on the hasty division, it is easy to miss property, harm the interests of creditors or after-the-fact disputes. It is prudent to count and then divide to avoid disputes over missed debts and property afterwards.

Question 2: Is the estate list and the will the same thing?

No. A will is a unilateral expression of the decedent's intention to dispose of his own property and express his wishes during his lifetime. It mainly solves how to divide the hope. The estate list is an objective inventory of the property and debts left by the decedent after the inheritance begins. It mainly solves what, how much and how much is owed.The former reflects the will of the decedent, while the latter reflects the true state of the estate. The two can coexist: if there is a will, the administrator will divide the estate according to the will or in accordance with the law, but also to clean up the estate and make a list. The inventory cannot be omitted on the grounds that there is a will, nor can the effect of a will be denied on the grounds that there is a list.

Question 3: What if the heirs don't cooperate and someone conceals or transfers the property?

The first step is to secure the evidence, such as obtaining bank statements, transaction records, and property registration information, in order to make the flow of assets as traceable as possible. Second, the estate manager has the responsibility of cleaning up the estate, making a list and reporting to the heirs. For the heirs who do not cooperate, the manager shall urge them in writing and keep records. If there is a possibility of concealment or transfer, necessary measures shall be taken in time to prevent the damage and loss of the estate, which is also the requirement of Item 3 of Article 1,147. If the parties dispute the identity of the estate administrator, any interested party may, pursuant to Article 1,146, apply to the People’s Court to designate an estate administrator, and the person designated by the court shall be responsible for the unified administration and liquidation of the estate. Cases vary significantly; for specific procedures, the requirements of the handling authority shall prevail.

Question 4: If all the heirs renounce their inheritance, who will manage the estate, and who will be responsible for repaying the debts?

According to Article 1145 of the Civil Code, if there is no heir or the heir gives up the inheritance, the civil affairs department or the villagers' committee of the place where the decedent lived before his death shall act as the estate administrator. In practice, there have been situations in which the heirs give up their inheritance after the death of the heirs, and the creditors who owe debts before their lifetime, in order to ensure the realization of the claim, apply to the court to appoint the civil affairs department as the administrator of the estate to clean up and manage the heirs (example). This demonstrates that even if there are no heirs, the estate will not be left unattended; creditors are not simply left to wait indefinitely. A word of caution: renouncing an inheritance is a serious legal decision. Once you renounce it, the arrangements for estate administration and debt repayment will be affected accordingly, so please proceed with great care.

8. Practical Insights from a Lawyer

As soon as an elderly person passes away, what’s left behind is often more than just an old house: savings, investments, stocks, equity holdings, vehicles, outstanding loans—along with the unpaid mortgage, overdue medical bills, and taxes still due—all suddenly fall on the shoulders of the family. Only after everyone sat down to divide the assets did they realize that no one could clearly say what exactly the elderly person owned, how much it was worth, or who they owed money to. This vacuum is filled by the law through the appointment of an estate administrator, whose first task upon taking office is to inventory and liquidate the estate. Once you establish the understanding that unclear assets in the beginning will lead to chaos later on, you’ll realize that a checklist isn’t optional—it’s the foundation for asset division, debt repayment, and property transfer.

In terms of operation, who makes the list depends on the order: if the executor is appointed in the will, he shall act as the administrator and be responsible for it; if the executor is not appointed, the successor shall be elected in time, and it is better to sign in writing; if the election fails, all the successors shall act together; if even the heirs are not or give up, the civil affairs department or the village committee of the place where they live shall take over. If there is a dispute over the designation of the administrator, the heirs, legatees, and creditors may all request the court to appoint one. The list should be clearly written which are inheritance and which are not. First, half of the common property of the husband and wife and the share of others shared by the family should be separated, and then the net estate of the deceased should be listed. The value and debt should be attached, and other people's things should not be included.

How to list the facts? It is suggested to check the real estate, deposit, stock right, insurance policy, accumulation fund and network account item by item while the materials are still in hand, and write down the clues and vouchers, so as to form a verifiable booklet. A clear list immediately clarifies its purpose: it defines the scope—what can be divided; it determines the value—how much each party receives; and it establishes the order of division and debt repayment. If the administrator fails to properly list or neglects to perform their duties, interested parties may request the court to take action and hold them accountable. When it comes to asset division or litigation, this list gives you a solid foundation—far more composed than scrambling through boxes for receipts on the spot—and significantly reduces unnecessary disputes over whether a particular sum of money even exists.