Summary procedure of succession litigation

The simple procedure of succession litigation is: the heir himself or the agent ad litem carries the identity certificate, indictment and copy of the party concerned to the people's court with jurisdiction for the record. A complaint is a kind of litigation document that the plaintiff requests to the people's court, commonly known as "form paper". The plaintiff's complaint can be written or oral, but the principle is written. If the people's court passes the examination, it shall file a case; After receiving the notice of hearing, attend the hearing as scheduled; After the court hears the case, it will make a judgment according to law.

The summary procedure of succession litigation is:

1, filing and prosecution stage

At the beginning of the lawsuit, it is necessary to file a case with the court first. After the case is passed, the clerk can arrange and determine the court session time. You need to make relevant preparations when filing a case.

(1) Collating materials and evidence: Before filing a case, it is necessary to prepare relevant materials, including the personal information of the original defendant and relevant evidence of inheritance proceedings, such as testamentary notarial certificate, proof of relationship with the decedent, gift and maintenance agreement, etc.

(2) Writing and submitting a complaint: Although the complaint is simple to write, attention should be paid to the completeness and legality of the information and the format of the complaint, indicating the name, gender, age, nationality, occupation, work unit, residence and contact information of the original defendant, the name and residence of a legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person.

(3) Jurisdiction and limitation of action: Courts without jurisdiction cannot accept the filing of inheritance disputes. The inheritance of movable property is under the jurisdiction of the court where the decedent is located, and the inheritance of immovable property is under the jurisdiction of the court where the immovable property is located. Inheritance cases beyond the limitation of action cannot be prosecuted.

2. Trial stage

After the case is passed, the court will issue a summons, which will record the court session time and the prosecution materials provided by the plaintiff for the defendant's reference and put forward cross-examination opinions. During the trial, both parties can have a court debate on the validity of the evidence, the probative ability of the evidence and whether the evidence is true and legal. Even if there is a willingness to settle, it can be settled in court under the auspices of the judge.

3. The stage of litigation execution

After hearing the case, the court will make a judgment according to the actual situation. If no objection or appeal is raised within 15 days from the date of receiving the judgment, the judgment will take effect. If the defendant still refuses to perform the judgment after it takes effect, the plaintiff may apply to the court for compulsory execution.

Requirements for prosecuting inheritance disputes

According to the provisions of China's civil procedure law, the conditions that a party should meet when suing are:

1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;

2. There is a clear defendant;

3, there are specific claims and facts and reasons;

4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation. Otherwise, the people's court will not accept it.

In short, for disputes arising from inheritance, the parties can bring a lawsuit after preparing relevant evidence materials. For the summary procedure of the court, the case can be closed in about three months.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 122

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 123

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 126

The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.