Civil Code: Inheritance -Disposal of Estate
Civil Code: Inheritance
Chapter IV Disposal of Estate
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
Article 1145 After the opening of inheritance, the executor shall act as the administrator, or the heirs shall elect an administrator in a timely manner in the absence of an executor, or the heirs shall act as co-administrators in case of their failure to elect an administrator, or the competent civil affairs authority or the villagers' committee of the decedent's domicile before their death shall act as the administrator in the absence of an heir or in case of their waiver of inheritance.
Article 1146 In case of any dispute over the determination of the administrator, an interested party may file a petition with the people's court to appoint an administrator.
Article 1147 An administrator shall:
(1) gather the properties constituting the estate and make an inventory of the properties;
(2) provide the information on the estate to the heirs;
(3) take necessary measures to prevent damage to or loss of the estate;
(4) dispose of the claims and debts of the decedent;
(5) sever the estate according to the will or the law; and
(6) take any other necessary actions related to the administration of the estate.
Article 1148 The administrator shall perform its duties according to law and shall be held civilly liable for the damage to or loss of the heirs, legatees, and obligees incurred due to its intention or gross negligence.
Article 1149 The administrator may be remunerated according to law or as agreed.
Article 1150 After the opening of inheritance, heirs aware of the decedent's death shall promptly notify the other heirs and the executor. Where no heir is aware of the decedent's death or heirs aware of the decedent's death fail to notify the other heirs, the employer of the decedent or the residents' or villagers' committee of the decedent's residence before their death shall be responsible for the notification.
Article 1151 A person who is in possession of any estate property shall safekeep the property with due care, and no entity or individual may misappropriate or fight over such property.
Article 1152 Where, after the opening of inheritance, an heir who does not disclaim their inheritance dies before the death of the decedent, the deceased heir's share of the estate shall be owned by their heirs unless arranged otherwise in the will.
Article 1153 In case of the death of either spouse, half of the property jointly owned by both spouses shall be severed and owned by the surviving spouse, and the remaining half shall be the estate to be inherited unless otherwise agreed.
Where the decedent's estate is part of the joint property of their family, the shares of the other family members in such joint property shall first be severed before the severance of the decedent's estate.
Article 1154 Any of the following properties of an estate shall be disposed of in accordance with the provisions applicable to intestate inheritance:
(1) properties disclaimd by the testamentary heirs or legatees;
(2) properties to which the testamentary heirs or legatees have lost their entitlements;
(3) properties to which the testamentary heirs or legatees who had died before the death of the testator were entitled;
(4) properties covered under an invalid part of the will; and
(5) properties not covered under the will.
Article 1155 A share of an estate to be severed shall be reserved for any unborn child entitled to inheritance. In case of stillbirth, the reserved share shall be disposed of as an estate property under intestate inheritance.
Article 1156 The severance of an estate shall be performed in a manner conducive to business operations and livelihood needs without damaging the utility of the estate.
An estate unsuitable for severance may be disposed of by liquidation, appropriate compensation, joint ownership, or otherwise.
Article 1157 A surviving spouse who is re-married shall be entitled to dispose of the property inherited from the estate of their deceased spouse without being interfered with by any entity or individual.
Article 1158 A natural person may enter into a legacy-support agreement with any entity or individual other than their heirs. Under such an agreement, the entity or individual shall perform the obligations to support the natural person and make the arrangements for the funeral and interment after their death and shall be entitled to the bequest of the legacy.
Robert Zhang 
Steve Li 