Ms. Lin: There is no first heir, and the second heir is 6 brothers and sisters, and two of the brothers died before the decedent, how will the inheritance rights be distributed in this case?

Qinghai Provincial Public Legal Service Center: According to Article 1128 of the Civil Code of the People's Republic of China, the inheritance of the estate shall be in the following order: (1) the first order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship. Article 0 of the Civil Code of the People's Republic of China stipulates that if the children of the decedent die before the decedent, the direct descendants of the decedent's children shall be subrogated by blood relatives. If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled. Therefore, surviving siblings have equal inheritance rights as second-order heirs. At the same time, the children of the brother who died before the decedent (i.e., the nephew or niece of the decedent) can subrogate the share that their father would have inherited. The spouse of a sibling who died before the decedent does not have the right of subrogation himself.