Key words: inherit property, inheritance order, legal guardians, transfer money

Being abroad does not affect your right to inherit Chinese property. If you are not in China, you can authorize a Chinese lawyer to act as your agent and assist you in inheriting the property. We help dozens of clients inherit property in China every year.

Inheriting property in China requires compliance with relevant Chinese laws and regulations. Firstly, you need to confirm whether there is a will. If there is a valid will, you need to inherit according to the content of the will. If there is no will, inheritance must be carried out in accordance with China’s inheritance laws and regulations.

According to China’s “Inheritance Law”, the order of inheritance is: spouse, children, parents, siblings, grandparents, and great-grandparents. If you are the sole inheritor, you can directly inherit the property. If there are other heirs, inheritance must be carried out according to the order of inheritance.

The above-mentioned inheritance order is also divided into two groups of inheritance order. In addition, regarding stepchildren, step-parents, widowed daughter-in-law or son-in-law who has fulfilled the main support obligations, unborn fetuses, how to inherit depends on the specific circumstances of the case. If you have any questions, you can contact our lawyers for consultation at any time.

Here are some common questions that our clients often ask us, and we’d like to share them with you:

1.Question: Do I need to go back to China to inherit property in China?
Answer: The policies vary from city to city in China, but in many places, you do not need to return to China to inherit property. You can appoint a Chinese lawyer as your agent to assist you in dealing with related matters. In the process of inheriting property, you may need to provide some necessary materials, such as the death certificate of the deceased, your identity certificate, the certificate of inheritance, the power of attorney, etc., which can be submitted to the appointed lawyer by mail or online transmission.
 
2.Question: I have obtained foreign nationality and am no longer a Chinese citizen. Can I still inherit property in China?
Answer: Yes. Regardless of which country’s nationality you have obtained, it does not affect your inheritance of property in China.
 
3.Question: How can I transfer the inherited property from China to a foreign country?
Answer: China implements a foreign exchange control system to regulate the cross-border flow of funds. However, according to foreign exchange management regulations, after the legitimate inheritance property is realized and the relevant formalities required by the foreign exchange management department are completed, it can be converted into foreign exchange through a bank and transferred overseas.
 
4.Question: How can minors inherit property?
Answer: Minors can exercise their inheritance rights through their legal guardians. For example, the legal guardian of a minor can act on behalf of the minor to handle the inheritance certificate. The legal guardian cannot act on behalf of the minor to waive the inheritance right. If the legal guardian’s actions obviously harm the interests of the minor, their proxy acts will be invalid.

For any other questions regarding inheriting property in China, please feel free to contact our lawyers at any time.