Inheriting Property in China as a Foreigner

Foreigners can inherit property in China, but the process involves specific legal requirements. Here's how to claim inherited real estate.

Can Foreigners Inherit?

Yes, foreigners can inherit property in China:

• No nationality restrictions on inheritance
• Can inherit from Chinese or foreign decedents
• Property type doesn't matter
• Must follow Chinese inheritance procedures

Inheritance Methods

By Will

• Decedent's will controls distribution
• Will must be valid under applicable law
• Foreign wills may need authentication

By Law (No Will)

Chinese law determines heirs:

• First order: spouse, children, parents
• Second order: siblings, grandparents
• Equal shares within each order

Required Documents

• Death certificate (authenticated)
• Proof of relationship to decedent
• Your passport and ID
• Property ownership certificate
• Will (if exists, authenticated)
• Renunciation from other heirs (if applicable)

The Process

1. Gather and authenticate documents
2. Obtain inheritance notarization in China
3. Pay applicable taxes
4. Register property transfer
5. Receive new ownership certificate

If You're Outside China

• Appoint a representative via power of attorney
• POA must be notarized and authenticated
• Representative handles local procedures
• May need to visit China for notarization

Taxes

• No inheritance tax in China currently
• Deed tax may apply on transfer
• Consider home country tax implications

Options After Inheriting

• Keep the property
• Sell the property
• Rent it out
• Transfer to another heir

Common Challenges

• Document authentication delays
• Multiple heirs with disputes
• Missing or unclear wills
• Property has encumbrances
• Proving relationship to decedent