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How do foreigners inherit property in China?

author:Lucy Li Released in:2018/10/22 16:23:03 Click quantity:

How do foreigners inherit property in China?

With the development of the social economy and the exchanges between different countries, sometimes we will choose to enter other countries, and this will also bring us many legal problems. If we do not understand the relevant legal provisions, we will make our legitimate rights and interests are damaged, how can foreigners inherit the real estate inChina? The following lawyers suggest that they would help you.


Can foreigners inherit property in China?

Foreigners can inherit domestic real estate as long as the property is the legal property of the heir.

What laws are applicable to foreigners inheriting property in China?

Article 36 of the Inheritance Law stipulates that Chinese citizens inherit the inheritance outside the territory of the People's Republic of China or inherit the inheritance of foreigners within the territory of the People's Republic of China. The movable property shall be governed by the law of the place where the decedent was resided, and the immovable property shall be governed by the law of the place where the immovable property is located. Foreigners inherit the legacy within the territory of the People's Republic of China or inherit the legacy of Chinese citizens outside the People's Republic of China. The movable property shall be governed by the law of the place where the deceased is passed, and the immovable property shall be governed by the law of the place where the immovable property is located. Where the People's Republic of China has a treaty or agreement with a foreign country, it shall be handled in accordance with the treaty or agreement. Therefore, it is necessary to apply Chinese laws.


Client's question: Now that I have emigrated and merged with foreign nationality, my father recently passed away. When I returned to China to inherit my father's house, what procedures should I do?

Our family lawyer in China suggested: If overseas Chinese or foreigners inherit the property in China, they should go through the following procedures in accordance with relevant regulations:

●An overseas Chinese or foreigner applying for inheritance of a property in China shall apply to the notary office of the country of residence for a notarial certificate to prove the applicant's occupation, address and his kinship relationship with the deceased of the property left in China. The notarial certificate must also be certified by the Chinese embassy or consulate in the country (except for consular treaties, except for mutual exemption from certification). If an overseas Chinese or a foreigner has a notarization document in a country that has no diplomatic relations with China, in principle, it must be certified by the Ministry of Foreign Affairs of that country and the Embassy (consulate) of a third country with which China has diplomatic relations.

●The applicant presents for the above-mentioned certified notarial certificate, with the death certificate of the deceased, the will, etc. to the notary office where the real estate is located to apply for the formalities. After the public notary considers that the relevant documents are in compliance with the provisions of the laws of China, it shall issue a certificate of inheritance rights to the house. The applicant hereby proves that the real estate management department where the real estate is located handles specific inheritance matters. If the applicant cannot come to China to handle the inheritance matters in person, he may entrust our Chinese attorney to handle it on his behalf. The entrusted attorney shall also submit a power of attorney when handling the inheritance of the property. The power of attorney shall state the name, address and agency authority of the attorney and shall be signed and sealed by the client. The power of attorney shall also be subject to notarization and certification procedures as required.

● When an overseas Chinese or foreigner has a dispute over the inheritance of a property in China, he may file a lawsuit in the people's court where the real estate is located. The people's court shall make decision according to the PRC law. In accordance with the provisions of the PRC inheritance law, the overseas Chinese or foreigners inherit the property in China, the law of the place where the property located is applied, that is, the law of the PRC.


Therefore, although the procedures will be more troublesome, foreigners can successfully inherit the real estate in China. As long as the relevant property is legal and reasonable, the heir is also legally inherited. The above is a summary of the information. If you encounter legal problems related to the complicated inheritance of property in China, you are welcome to consult us for accessing more specific legal advice.



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Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling