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处理无主遗产 民法典适用应更有温度
Jing Ji Guan Cha Bao· 2025-12-19 13:26
Core Viewpoint - The article discusses the challenges faced by the estate management of a deceased individual, particularly in the context of a single person without immediate family, highlighting the responsibilities of local civil affairs departments in managing such estates and the implications for funeral expenses and burial practices [1][2][3][4]. Group 1: Responsibilities of Civil Affairs Departments - The civil affairs department in Hongkou District is responsible for managing the estate of the deceased, including creating an estate inventory, preventing asset loss, handling debts, and distributing the estate according to the will or legal provisions [2][3]. - The department must ensure that funeral expenses are reasonable and within the remaining estate after settling debts and taxes, reflecting local economic conditions and customs [3][4]. Group 2: Funeral and Burial Practices - Funeral expenses typically include transportation, cremation, memorial services, and burial costs, which can be claimed from the estate if paid by friends or relatives [2][3]. - The article emphasizes that while ecological burial methods like sea burials are encouraged, they should respect the deceased's known wishes and local customs [3]. Group 3: Handling of Remaining Estate - If there are remaining assets after fulfilling the estate's obligations, the civil affairs department can file for a declaration of unclaimed property, allowing the state to take ownership for public welfare purposes [4]. - The establishment of public trusts using the estates of single individuals is suggested as a means to ensure ongoing maintenance of burial sites, reflecting a commitment to social responsibility and respect for the deceased [4].