Top court highlights role of estate administrators in inheritance protection

China's top court has highlighted the importance of estate administrators by releasing five significant cases on Thursday, aiming to ensure the Civil Code is accurately applied to better protect people's inheritance rights and prevent estate misuse.

The estate administrator system, introduced as a key innovation in the Civil Code that took effect in 2021, serves as a vital legal mechanism. It ensures secure estate management, protects inheritance rights and allows for the lawful settlement of creditors' claims, according to the Supreme People's Court.

"The proper application of this system is crucial for clarifying ownership, resolving disputes, minimizing conflicts and safeguarding against the risks of estate loss, concealment or misappropriation. Ultimately, it promotes family harmony and social stability," the top court said.

The five cases address public concerns about who can serve as an estate administrator, how one should be appointed and what responsibilities the role entails, showcasing judicial efforts to implement the system.

The top court emphasized honoring the deceased's wishes whenever possible. In one case, for instance, a lower court appointed a niece as the estate administrator after a man surnamed Huang left all his property to her in his will, acknowledging her long-term care for him.

"In essence, if a will designates an executor, that person or institution can serve as the estate administrator," the top court noted.

"If no executor is named, the heirs of the deceased should select an estate administrator. If they fail to do so, all heirs need to act as joint administrators," Chen Yifang, chief judge of the top court's First Civil Division, said, adding that heirs cannot claim inheritance rights without also accepting the associated responsibilities.

"In cases where there is no heir or all heirs refuse the inheritance, the civil affairs department or the village committee where the deceased lived should step in as the estate administrator," she said.

Chen underscored that when civil affairs departments or village committees act as estate administrators, it is a public service and a safety-net measure.

"If an heir renounces inheritance in writing to avoid managing the estate or evading debts, but continues to possess or use the deceased's assets, that renunciation is invalid," she added.