Statutory heirs (法定继承人) are the people entitled to inherit under the PRC Civil Code, Book VI "Succession", when a person dies without a valid will, or when a will does not cover all of the estate. First-order heirs are the spouse, children and parents. Second-order heirs are siblings, paternal grandparents and maternal grandparents. Second-order heirs inherit only if there are no first-order heirs or none of them inherits. Heirs of the same order generally share equally, although the court can adjust shares, for example in favour of an heir with special difficulties or one who mainly supported the deceased.
Why it matters
Many foreigners and overseas Chinese are surprised that a spouse does not automatically take everything: the deceased's parents are also first-order heirs. Before the estate is shared, the surviving spouse's half of the community property is separated out. Real estate in China is governed by Chinese law regardless of the deceased's nationality, while movable assets generally follow the law of the deceased's habitual residence at death. Wills can change the result, and since 2021 the latest valid will prevails, even over an earlier notarised one. Foreign documents such as death certificates and birth certificates need an apostille or legalisation.
How it works in practice
A German man died in Germany without a will, owning a flat in Guangzhou bought during his marriage to a Chinese wife. Under Chinese law, which governs the flat, half of it first belonged to the wife as community property. The other half was inherited by the first-order heirs: the wife, their daughter and his surviving mother, in principle equally. Apostilled German documents were used to prove the death and family relationships.
Common mistakes
- Assuming the surviving spouse inherits the whole estate
- Forgetting to separate the spouse's half of community property first
- Assuming a foreign will or foreign law will control Chinese real estate
- Relying on an old notarised will when a later will exists
- Delaying the process until documents are lost or heirs disagree