Claim for Division of an Estate before Completion of Succession
Claim for Division of an Estate before Completion of Succession
Where community property includes a portion of an estate, either real asset or personal asset, that either man or wife is entitled to succeed to during their marriage, but division of such estate has not been completed, the claim for dividing the portion to be inherited will not be sustained by the court and the division of such inheritable property as their community property will be suspended.
In such a case, the proceeding will proceed without resolving their dispute over such inheritable property, and the court will notify the spouse who has filed the claim to file another case to claim dividing such inheritable property.
Of course, the man and his wife may reach an agreement on the division of such inheritable property based on their expectations from the inheritance of the estate to avoid further disputes and lawsuit.
It should be noted that, in the case of testate succession, if the testator expressly manifests an intent to give certain asset to either spouse who is an heir under the will as a gift to or the personal asset of such spouse, the other spouse is not entitled to claim the division of such asset to be inherited from the estate.
Robert Zhang 
Steve Li 