Editor’s Note: In cooperation with Shekou Foreign Legal Assistance Center, Shenzhen Daily opens a Monthly Topic column on the topics that expats are most concerned about by inviting lawyers, or notaries and other professionals to answer questions regarding visas, taxes, medical services, investment and employment, among others.

China Inheritance Law & Cross-border Inheritance

Q1: Who are the eligible successors under China’s inheritance law?

The first sequence: the spouse, children, parents.

Second in line: brothers and sisters, paternal grandparents, maternal grandparents. Widowed daughters-in-law or sons-in-law who have made predominant contributions in supporting their parents-in-law shall, in relation to their parents-in-law, be regarded as successors first in line.

Q2: What is the estate that can be inherited?

The estate refers to the lawful personal property left over by a natural person upon their death. Make sure the deceased’s estate does not include the husband and wife’s joint property.

Q3: What makes an effective will?

An effective will should be made by the testator who has full capacity for civil conduct, and should express the testator’s real intention.

The will should have the right format under Inheritance Law, and make sure the will reserves a necessary portion of the estate for the successor(s) who are unable to work and have no source of income.

Q4: How can foreigners inherit real estate in China?

Provide the proof of inheritance from the deceased domicile (or the most closely connected place) and get the proof of inheritance notarized and authenticated.

Provide the aforesaid proof of inheritance translated into Chinese and take it to the Notary Public where the real estate is located. The Notary Public will issue an Inheritance Notary after examination and confirmation of the proof of inheritance.

The successors can then take the Inheritance Notary along with other required documents to the Real Estate Administration to go through the ownership transfer procedure.

Q5: How can foreigners withdraw the deceased’s money out of a bank in China?

Use the document requirements checklist from the Bank where the deceased left their money. Get the proof of inheritance from the deceased domicile (or the most closely connected place) and get the proof of inheritance notarized and authenticated.

Get the aforesaid proof of inheritance translated into Chinese and take it to the bank. The bank will go through the deposit inheritance procedure after examination and confirmation of the proof of inheritance.