Inheritance, Wills & Estates

Inheritance law in China for foreigners: a practical guide

Losing a parent or spouse is hard enough. Discovering that their flat in Guangzhou or their savings in a Chinese bank are frozen until the paperwork is right can feel overwhelming — especially if you live abroad or do not read Chinese. Inheritance law in China for foreigners and overseas families is manageable once you know the rules and the order of steps. This page explains who inherits, how wills work, and how we help transfer property and money to the right people.

The main rules are in Book VI "Succession" of the PRC Civil Code, in force since 1 January 2021.

Which law applies?

For estates with a foreign element, Chinese conflict-of-law rules (Law on Choice of Law for Foreign-Related Civil Relations, Art. 31) generally provide that:

• Real estate (immovables) is governed by the law of the place where it is located. A flat in Shenzhen is dealt with under Chinese law, whatever the deceased's nationality.
• Movable property (bank deposits, shares, vehicles) in intestate succession is generally governed by the law of the deceased's habitual residence at death.

This means one family can face Chinese law for the China property and foreign law for everything else. We work with lawyers in the other country where needed.

Who inherits without a will: statutory heirs

If there is no valid will, the estate passes to the statutory heirs in order:

• First order: spouse, children and parents
• Second order: siblings, grandparents and maternal grandparents

Second-order heirs inherit only if there are no first-order heirs, or all of them have disclaimed or lost the right to inherit. Heirs in the same order generally take equal shares, although courts may adjust for those who cared for the deceased or who are in genuine hardship. "Children" includes adopted children and, in qualifying cases, stepchildren who were raised by the deceased. Grandchildren can inherit by representation where their parent died before the grandparent.

See our glossary entry on statutory heirs.

Wills in China

Recognised forms

The Civil Code recognises several forms of will:

• Holographic — entirely handwritten, signed and dated by the testator
• Written by another person — with two witnesses, signed by the testator, the writer and the witnesses, and dated
• Printed — with two witnesses, each page signed by the testator and the witnesses, and dated
• Audio or video — with two witnesses present and recorded, including names or likeness and the date
• Oral — only in an emergency, with two witnesses; it lapses once the testator can make a written or recorded will
• Notarised — made at a notary office

Witnesses must be independent: heirs, beneficiaries and people closely connected to them generally cannot act as witnesses.

The latest will prevails

Before 2021, a notarised will took priority over other wills. Under the Civil Code, this is no longer automatic: where there are several valid wills with conflicting content, the latest will prevails. If you have made wills in more than one place, it is worth reviewing them together.

Foreign wills

A will made abroad may be valid in China if it meets the formal requirements of the relevant law, but it will need an apostille or legalisation and a certified Chinese translation, and property registries may still ask questions. Many clients with China property choose to make a separate Chinese will for their China assets, drafted to sit alongside their home-country will.

Estate administrator

The Civil Code recognises an estate administrator (遗产管理人) — the executor named in the will or, if none, a person chosen by the heirs or appointed by the court. The administrator lists the assets, reports to heirs, deals with debts and taxes, and distributes the estate. The estate's debts must be paid up to the value of the estate before distribution; heirs are not generally liable beyond that.

Transferring property and bank deposits

Notarisation of inheritance

In practice, many banks and property registries in China ask heirs to show a notarised inheritance certificate or a court judgment before they will release deposits or register a transfer. The notary office verifies the family relationships, the deceased's assets and whether any heir disclaims. Where heirs disagree, or the notary cannot confirm the facts, the route is litigation.

Overseas heirs

Heirs living abroad will usually need:

• A passport copy and proof of relationship (birth or marriage certificates)
• The death certificate, if the death occurred abroad
• A notarised power of attorney and any declarations, apostilled (since 7 November 2023, for Apostille Convention countries) or legalised, with Chinese translation

With properly prepared documents, overseas heirs often do not need to travel to China at all. See our inheritance guide for foreigners and our notes on apostilles for family law documents.

Moving money abroad

Inherited funds can generally be remitted abroad once the bank releases them, subject to foreign exchange procedures. Documentation requirements vary by bank; we help you prepare them.

How we help

• Estate review — identifying assets in China and the heirs under the applicable law
• Wills — drafting Chinese wills for China assets, coordinated with your overseas will
• Inheritance notarisation support and document preparation for overseas heirs
• Transfers of real estate, bank deposits, shares and vehicles
• Disputes between heirs, handled by our litigation team led by Quentin Zou
• Cross-border estates coordinated with foreign lawyers and executors

Where a marriage breakdown and an estate overlap, for example a spouse's share of community property before division of the estate, we also draw on our property division experience.

What to do next

Collect the death certificate, any will, property certificates and bank details you have, then contact us for a free 30-minute consultation. We will map the steps and tell you which documents to prepare abroad.