Foreigner Inheritance Rights in China: Complete Guide

If a relative has passed away with assets in China, you may be entitled to inherit—even as a foreigner. However, the process involves specific legal procedures that can be challenging to navigate from abroad.

Can Foreigners Inherit in China?

Yes. Chinese law allows foreigners to inherit property in China. Your nationality doesn't disqualify you from inheritance rights.

Types of Inheritance

Statutory Inheritance (No Will)

If the deceased didn't leave a valid will, Chinese law determines heirs:

• First order: Spouse, children, parents
• Second order: Siblings, grandparents

First-order heirs inherit equally. Second-order heirs only inherit if no first-order heirs exist.

Testamentary Inheritance (With Will)

If there's a valid will, it determines distribution. However:

• Will must comply with Chinese law requirements
• Foreign wills may need authentication
• Certain heirs have protected shares

The Inheritance Process

Step 1: Gather Documents

You'll need:

• Death certificate of the deceased
• Proof of your relationship (birth certificate, marriage certificate)
• Your identification documents
• The will (if any)
• List of assets in China

Step 2: Document Authentication

Foreign documents must be:

• Notarized in your country
• Authenticated by Chinese embassy/consulate
• Translated into Chinese

Step 3: Notarization in China

Visit a Chinese notary office to obtain:

• Inheritance rights certificate
• This confirms your legal right to inherit

Step 4: Asset Transfer

With the inheritance certificate:

• Real estate: Transfer registration at housing authority
• Bank accounts: Present to bank for transfer
• Investments: Transfer through relevant institutions

Common Challenges

Multiple Heirs

If there are multiple heirs:

• All must agree on distribution or
• Court determines division
• One heir can buy out others

Disputed Inheritance

If heirs disagree or someone contests the will:

• Litigation may be necessary
• Chinese courts have jurisdiction for China assets

Managing from Abroad

If you can't come to China:

• Appoint a lawyer with power of attorney
• Some steps can be done remotely
• But some require presence or notarized documents

Taxes and Costs

• Inheritance tax: China currently has no inheritance tax
• Property transfer fees: Relatively low for inheritance
• Notary fees: Based on asset value
• Legal fees: Varies by complexity

Selling Inherited Property

If you inherit real estate and want to sell:

• First complete the inheritance transfer
• Then sell as normal property transaction
• Capital gains tax may apply
• Proceeds can be transferred abroad with proper documentation

Time Limits

• No strict deadline to claim inheritance
• But assets may be harder to locate over time
• Other heirs may take action
• Act reasonably promptly