Abstract: Making inheritor was constrained and guided by law，clan rules and folk habitus in the Qing dynasty. According to law of the time，making inheritor should obeyed Zhao Mu order that was related to the funeral and sacrificial modes，while it had some elastic regulations that allowed the man or his family without son to choose an heir from the clansmen he or his spouse liked. The clan rule of the making inheritor was consistent with the law，even it was more conservative than the law. The sequential principle to choose an heir was softened to some extent in the folk habitus，so that to be more in line with interests of the families choosing heirs. The case of making inheritor shows，the folk practice of making inheritor did not strictly follow the legal rules，but to be adjusted to a certain extent. Illegal practice in process of making inheritor was not individual phenomenon in folk society of the Qing Dynasty.