All heirs (not just all children) are required to be present to sign. If any of the heirs has passed away, a death certificate must be provided; if any of the heirs cannot be present, a notarized power of attorney must be issued. It can only be done by someone else.

Legal Analysis

After the death of an elderly person, the inheritance may not necessarily be inherited by all children. If there is a will, it shall be handled in accordance with the will and inheritance or bequest first; if there is a bequest and support agreement, it shall be handled in accordance with the agreement. If there is no will, the inheritance shall be in the following order: (1) First order: spouse, children, parents; (2) Second order: brothers, sisters, grandparents, maternal grandparents. After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit; if there is no first-order heir, the second-order heir will inherit. Whether the elderly can inherit their children's inheritance after their children pass away depends on the specific circumstances. If the child has a will to designate an heir, the inheritance needs to be carried out in accordance with the will. In this case, as long as the will does not designate the parents to inherit, the parents have no inheritance rights and inheritance shares. If after the death of the child, the parent also dies. Then the premise is that the child has no will to designate an heir, and the parents have inheritance rights and inheritance shares. After the death of the parents, their inheritance shares can be used as inheritance and the transfer procedures can be completed. If a parent dies before a child, then in this case the parent has no right to inherit the child's estate. Of course, in practice, the property rights of the deceased’s spouse must also be considered, and the property must be divided before inheritance. For those who have fulfilled their main duty of care, more property can be distributed appropriately.

Legal Basis

"The People's Republic of China and the Civil Code"

Article 1127 The inheritance shall be in the following order: (1) ) First order: spouse, children, parents; (2) Second order: brothers, sisters, grandparents, maternal grandparents. After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit; if there is no first-order heir, the second-order heir will inherit. Children referred to in this section include legitimate children, illegitimate children, adopted children and dependent stepchildren. The term “parents” in this article includes biological parents, adoptive parents and step-parents who have a supportive relationship. The term "brothers and sisters" as used in this article includes brothers and sisters of the same parents, half-brothers and half-brothers, adopted brothers and sisters, and step-brothers and sisters with dependent relationships.

Article 1123. After the inheritance begins, it shall be handled in accordance with the legal inheritance; if there is a will, it shall be handled in accordance with the testamentary inheritance or legacy; if there is a legacy and support agreement, it shall be handled in accordance with the agreement.