According to the relevant laws of China, if the spouse has no children, the inheritance will be inherited by other first-order heirs. If there are no first-order heirs and second-order heirs, the estate will be owned by the state.
After the succession begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, the successor in the second order shall inherit it.
Said Brothers and sisters referred to in this law include siblings who are the same parents, half-sisters or half-brothers, adoptive siblings, and step-brothers who have a supporting relationship.
Article 32 No one inherits or inherits any inheritance that belongs to the state; if the deceased was a member of the collective ownership organization during his lifetime, he belongs to the collective ownership organization.
According to the Several Specific Opinions of the Supreme People s Court on the Division of Property Handled by the People s Court in Divorce Cases, the property inherited or donated by one or both parties is the common property of the husband and wife . Then, the estate assigned to one party after the death of one of the parents should be counted as the common property of the husband and wife, and this party has no right to transfer it to others;
The Marriage Law stipulates that the property of only the husband or wife is determined in the will or gift contract as the property of the spouse. Therefore, if the will states that the estate belongs to one party, then the property is personal property of the party, and therefore cannot be divided according to the common property of the spouse at the time of divorce.
But. If the heirs rent out the house, the rent will be considered as the property jointly owned by the husband and wife! Similarly, the sale of this house, the proceeds, also belong to the husband and wife s common property.