Viewpoint | Lawyer's Operational Guidelines for Acting as Estate Administrator Entrusted by the Civil Affairs Department

Article 1 [Purpose and Basis] To regulate the professional conduct of lawyers entrusted by the civil affairs department to serve as inheritance administrators, clarify work processes and operational standards, this operation guide is formulated based on the Civil Code of the People's Republic of China, the Lawyer Law of the People's Republic of China, relevant judicial interpretations, and combined with practical experience from various regions.

This operation guide aims to provide practical operation norms for lawyers entrusted by the civil affairs department to serve as inheritance administrators, ensuring that inheritance management work is conducted legally, fairly, and efficiently, safeguarding national interests and the legitimate rights and interests of stakeholders.

Article 2 [Scope of Application] This operation guide applies to the following situations:

(1) The civil affairs department acts as inheritance administrator upon application by interested parties;

(2) The civil affairs department is appointed as inheritance administrator by the court.

This operation guide does not apply to situations where heirs exist and none of the heirs have renounced inheritance.

Article 3 [Working Principles] Lawyers, in the course of practicing as inheritance administrators entrusted by the civil affairs department, shall follow the following principles:

(1) Principle of Legality Lawyers entrusted by the civil affairs department must strictly follow the provisions of the Inheritance Part of the Civil Code of the People's Republic of China and relevant judicial interpretations; when handling special properties such as real estate and equity, they must also comply with relevant special laws.

(2) Principle of Prudence: Lawyers should conduct substantive verification of each inheritance item; each task should be completed by at least two lawyers jointly; major decisions involving inheritance require written confirmation from the civil affairs department.

(3) Principle of Efficiency: Lawyers entrusted by the civil affairs department to serve as inheritance administrators should generally complete the main work within 6 months after acceptance; in special cases requiring extension, written consent from the civil affairs department must be obtained.

(4) Principle of Fairness: Lawyers, as inheritance administrators, should uphold fairness and justice in the process of disposing of inheritance, safeguard national interests, social public interests, and the legitimate rights and interests of stakeholders, avoid favoritism, and ensure transparency and credibility in inheritance management and distribution.

Article 4 [Review of Entrusting Party's Qualification] Before accepting the entrustment from the civil affairs department, lawyers should verify the civil affairs department's jurisdiction certificate (proof of the deceased's domicile or habitual residence), court-appointed legal documents (if applicable), proof of no heirs, or statements of renunciation of inheritance by all heirs.

Article 5 [Signing the Entrustment Agreement] When lawyers accept the civil affairs department's entrustment to serve as inheritance administrators, both parties should sign a written entrustment agreement. The agreement must include the following clauses: list of entrusted matters, work period, rights and obligations of both parties, inheritance administrator fees, special authorization clauses, etc.

Before signing the entrustment agreement with the civil affairs department, lawyers must inform the civil affairs department in writing of the possible legal risks during inheritance management and distribution.

Article 6 [Inheritance Investigation] The inheritance administrator should conduct a comprehensive clearance and investigation of the deceased's inheritance. Investigation methods include but are not limited to the following:

(1) Inquire about real estate, vehicles, and other information from institutions such as the real estate registration center and vehicle management office;

(2) Query financial assets, intangible assets, etc., through banks, securities institutions, insurance companies, trust companies, intellectual property offices, social security departments, housing provident fund centers, and other departments;

(3) Obtain company equity information from market supervision departments;

(4) Conduct on-site inspection of physical assets;

(5) Collaborate with network service providers to investigate virtual online assets;

(6) Investigate the deceased's external claims through channels such as court judgment document websites and enforcement information disclosure websites;

(7) Investigate overseas assets through judicial assistance or by entrusting local lawyers;

(8) Obtain possible inheritance information through other means.

Article 7 [Preparation of Inheritance Inventory] The inheritance administrator should prepare an inheritance inventory based on the inheritance investigation. The inventory should include the type of property, current status, and custody conditions, along with corresponding ownership proof documents. The inventory should be jointly signed and confirmed by two or more lawyers and submitted to the civil affairs department for filing.

The determination of the estate value should be entrusted to a third-party professional institution for audit and asset appraisal. The audit and appraisal results should obtain written confirmation from the civil affairs department.

Article 8 [Announcement of Claims Declaration] The estate administrator shall announce the fact of the decedent's death in national or provincial-level media and notify creditors to declare their claims. The announcement period shall be no less than 60 days. The announcement content should include the basic information of the decedent, the method and deadline for claim declaration, and the legal consequences of late declaration.

During the announcement period, creditors who have not declared their claims may supplement their declarations before the estate distribution is completed. Estates that have already been disposed of will not be redistributed; distribution will be limited to the remaining estate. The costs for reviewing and confirming supplementary claims shall be borne by the supplementary declarants.

After the announcement period expires, the estate administrator shall register and compile the received claim declaration materials and review and verify the authenticity, legality, and timeliness of the claims.

Article 9 [Handling of Objections to Claim Recognition] The estate administrator shall establish a review mechanism for creditor objections. Creditors dissatisfied with the claims and debts recognized by the estate administrator should apply for a review and submit relevant proof materials; if unsatisfied with the review result, they may resolve the matter through judicial channels. Major disputes should be reported to the civil affairs department for record.

Article 10 [Recognition and Handling of the Decedent's Claims] After investigation, if the estate administrator confirms that the decedent holds claims against others, the estate administrator shall be responsible for recovery as follows:

(1) At the time of inheritance, if the decedent has ongoing litigation or arbitration claims, the estate administrator shall legally represent and participate in litigation, arbitration, or enforcement procedures;

(2) For matured claims held by the decedent, the estate administrator may recover through litigation, arbitration, settlement, mediation, or negotiation; for unmatured claims, the estate administrator may negotiate with the debtor.

If litigation or arbitration is necessary, legal advice should be submitted to the civil affairs department. After obtaining approval, the estate administrator shall represent the civil affairs department in litigation, arbitration, or enforcement procedures.

Article 11 [Preparation of Claims and Debts List] The estate administrator shall prepare a list of the decedent's claims and debts based on the recognized claims declarations and the confirmed external claims of the decedent. The list, along with creditor claim declaration materials and decedent's external claim materials, shall be kept by the civil affairs department. Interested parties may apply to review them.

Article 12 [Return of Estate Possession] If the estate is possessed by others, the estate administrator shall lawfully require the relevant possessors to return it within a specified period. If the possessor refuses, the estate administrator may file a lawsuit in the name of the civil affairs department. If the possessor has genuine difficulties returning the estate, the estate administrator shall notify them in writing to properly safeguard the estate, maintain its value, and refrain from damaging, transferring, selling, or other actions that harm the estate's value, and inform them of the legal consequences.

Article 13 [Methods of Estate Disposal] For the decedent's estate, the estate administrator shall handle it according to the following different situations after obtaining consent from the civil affairs department:

(1) For property suitable for deposit, the estate administrator may lawfully deposit it;

(2) For property unsuitable for deposit or where deposit costs are too high, the estate administrator may lawfully auction or sell the estate and deposit the proceeds;

(3) For real estate or movable property not suitable for disposal, the estate administrator may entrust a third party for proper custody before disposal;

(4) For seasonal goods, fresh, perishable, or other items unsuitable for long-term storage, the estate administrator may, with the consent of the civil affairs department, sell them promptly without audit or appraisal;

(5) For assets with large value fluctuations such as equity, stocks, and funds, the estate administrator may entrust professional institutions to lawfully liquidate the assets;

(6) For online virtual assets or other new types of assets, the estate administrator may entrust professional institutions to lawfully liquidate them;

(7) For other types of the decedent's estate, the estate administrator shall handle them according to the civil affairs department's requirements.

Article 14 [Estate Distribution] The estate administrator shall formulate an estate distribution plan and distribute the estate in the following order:

(1) Creditors with secured rights on specific property have the right to priority compensation from that specific property.

(2) Estate management expenses: fees for the estate administrator; fees incurred from hiring audit, appraisal, notarization, or other professional institutions; expenses during estate management and disposal; fees lawfully charged by litigation, arbitration, and other administrative departments; and other possible estate management expenses.

Common debts : debts arising from contracts not fully performed by both parties at the request of the estate administrator; debts arising from unjust enrichment of the estate; debts arising from damages caused by the estate; debts arising from damages caused by the estate administrator in the performance of duties, etc.

(3) Labor remuneration, social insurance fees, and other debts owed to employees by sole proprietorships or individually owned businesses operated by the decedent that bear unlimited joint liability.

(4) Social insurance fees and taxes owed by the decedent.

(5) Other ordinary claims.

The remaining estate after the extinguishment of a specific property security right or the realization of the security right can be used at any time to pay the estate management fees and common debts. If the remaining estate is insufficient to pay all estate management fees and common debts, the estate management fees shall be paid first; if the remaining estate is insufficient to pay all estate management fees or common debts, payment shall be made proportionally. If the remaining estate is insufficient to pay the estate management fees, the estate manager shall apply to the civil affairs department to terminate the estate management procedure. The estate management procedure shall be terminated upon written consent from the civil affairs department.

If the remaining estate is insufficient to pay all ordinary claims, the estate manager shall formulate a repayment plan, which shall be signed and confirmed by the creditors after negotiation and submitted to the civil affairs department for approval. If creditors have objections to the repayment plan, the civil affairs department may mediate. If mediation fails, the estate manager or creditors may resolve the matter through judicial channels according to law.

Article 15 [Obligation of Creditors to Accept] Creditors shall promptly accept their share of the estate distribution. If a creditor refuses to accept or fails to accept within the specified period, the estate manager may deposit the allocated share according to law after obtaining consent from the civil affairs department.

Article 16 [Work Report on Duty Execution] When the estate manager encounters the following situations, they shall promptly submit a written report to the civil affairs department, which will handle the matter according to relevant laws; if necessary, the estate manager may provide legal advice as requested by the civil affairs department.

(1) The creditor has writtenly waived the right to receive the deposited property or has not claimed the deposited property within five years from the date of deposit;

(2) After the estate distribution is completed, there is still remaining estate, or there is no remaining estate;

(3) The deceased has no estate available for distribution, or the estate has no value.

Article 17 [Case Closure Report] After the estate management procedure is concluded, the estate manager shall prepare a written case closure report. The report should include the status of estate disposal, debt repayment, estate distribution, transfer of remaining estate, and other relevant information, accompanied by supporting documents. The case closure report shall be submitted to the civil affairs department for filing.

Article 18 [Archive Management] The estate manager shall classify, organize, and archive all materials generated during the estate management business for future reference.

The case materials generated during the estate management process shall be complete and accurate, mainly including: various accepted procedures, various documents, records, and other written, graphical, audio-visual materials and related information formed during the handling of the case that have reference and utilization value. For physical evidence that cannot be attached to the file, photographs and detailed records of the evidence and its storage location shall be attached to the file and kept separately.

Article 19 [Retention Period] The estate manager shall properly keep the estate management archives, and the retention period shall not be less than 10 years.

Article 20 [Purpose of Unified Document Format] In order to further clarify the work responsibilities of lawyers entrusted by the civil affairs department to serve as estate managers, unify the document formats of estate manager business, promote the correct performance of duties by estate managers, and improve their work efficiency and quality, it is recommended that estate managers uniformly use the "Estate Manager Business Document Templates."

Article 21 [Document Template Format] According to the principles of simplicity, practicality, and convenience, document templates are divided into "Entrustment Documents" and "Case Handling Documents." Each document template includes two parts: the main text and production instructions. The main text is the core part of the document, including the document name, document number, header, main text, signature, attachments, etc. The production instructions are the auxiliary part of the document template, mainly listing the legal basis for producing the document template and issues to be noted during document production to help estate managers correctly produce and use the document templates.

Article 22 [Document Template Numbering] Documents shall be numbered according to the specifications of their respective law firms. For example, the estate manager document number is uniformly formatted as (××××)×× Estate Management No. ×, where “(××××)” indicates the year the estate manager was entrusted; “××” indicates the name of the deceased; and the serial number “×” is an Arabic numeral representing the order of document production.

Article 23 [Application of Document Templates] During the performance of duties by the estate manager, a large number of work documents need to be compiled, involving various complex document templates. Given the emergence of new situations and issues in practice, the document templates attached to this operational guide only cover commonly used and typical examples. Some document templates still need to be supplemented and improved after the issuance and implementation of relevant judicial interpretations, the accumulation of lawyers' practical experience in estate management, and reference to relevant court cases. If document types not covered by this guide are encountered in practice, commonly used templates in this guide may be flexibly adjusted and applied according to the specific entrusted matters.

Article 24 [Date of Formulation] This operational guide was compiled by the "Shunxin Family Affairs" lawyer team of Shandong Zhongcheng Qingtai (Jinan) Law Firm based on laws, regulations, and judicial interpretations in effect before August 20, 2025, combined with relevant judicial practice.

Article 25 [Reference Nature] This operational guide is not a mandatory industry standard; its purpose is only to provide reference for lawyers entrusted by the civil affairs department to serve as estate managers and does not have the function of evaluating the quality of legal services provided by lawyers. To avoid disputes, this operational guide should not be cited by relevant departments to make adverse determinations or rulings against lawyers.

Article 26 [Novelty] After the publication of this operational guide, if laws, regulations, or judicial interpretations make new provisions regarding the estate manager system, lawyers should follow the new provisions when handling estate manager business.