| EXPAT LEGAL
​Inheritance in China for Heirs Abroad
Estate Settlement for Families Living Outside China
Real Estate • Bank Deposits • Disputes • Remote Handling
When a parent dies in China, children who now live abroad on foreign passports must deal with Chinese notaries, banks, property registries and foreign-exchange rules. We manage every step in China on your behalf and keep you fully informed throughout. Most of the process can be completed without traveling to China, although some steps, particularly moving money out, may require an in-person visit.
Table of Contents
Our Practice is Led by Flora Huang
Our estates and succession work is led by Flora Huang, Partner at Shanghai Kaimao Law Firm. Flora has more than fifteen years of experience in inheritance matters, advising international families on Chinese succession law. She and her bilingual team handle cross-border estates involving Chinese real estate, bank deposits and heirs living abroad.
1. How We Help Children Living Abroad
Estate assessment: the applicable law, the heirs (including a surviving parent and grandparents), their shares and the best route.
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Identity and documents: we link your former Chinese name and records to your foreign passport, tell you how each document must be authenticated for use in mainland China, and arrange certified Chinese translations.
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Inheritance notarization: acting under your power of attorney, we file with the Chinese notary office, attend its interviews and verification for you, and follow the matter through until the inheritance notarial certificate is issued.
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Property and bank deposits: we register the apartment in the heirs' names and, if they wish, arrange its sale, and deal with each bank to release the deposits.
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Disputes: negotiation, mediation and representation in inheritance cases before the Chinese courts.
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Moving funds abroad: the foreign-exchange application (see section 10).
2. A Typical Case
This example is generic and for illustration only.
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A mother with a Shanghai household registration dies in Shanghai, leaving an apartment bought during her marriage and deposits at two Shanghai banks. Her husband and her mother survive her. Her son is now a US citizen and her daughter an Australian citizen.
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Chinese law governs the whole estate, both the apartment and the deposits, because she was habitually resident in China.
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The husband's half comes first. Half of the marital property is his. Only her half forms the estate.
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Four first-order heirs: her husband, son, daughter and mother share the estate, generally equally. Her siblings inherit nothing, unless her mother dies before division and the mother's share passes to the mother's own heirs.
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Foreign nationality is no obstacle. The children lost Chinese nationality automatically when they naturalized abroad, and their household registrations were canceled. This changes the documents needed, not the right to inherit.
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Death is proved in Shanghai by the hospital's medical death certificate and the police record canceling her household registration, which shows the date of death.
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The children sign abroad: each signs a power of attorney before a local notary and has it apostilled, as both countries are Apostille Convention parties.
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If your parent lived abroad, Chinese law still governs a Chinese apartment, but deposits may follow foreign law (see the FAQ).
3. Handled Remotely Wherever Possible
Procedures can usually be handled without traveling to China, but certain steps sometimes require an in-person visit, particularly moving money out of China. We tell you early if a visit is likely.
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One power of attorney: signed in person before a notary in your country and apostilled, or, in non-Apostille countries, authenticated by your foreign ministry and legalized by the Chinese embassy. Heirs in Hong Kong or Macao sign before a China-Appointed Attesting Officer; heirs in Taiwan use a Taiwan notary whose certificate is verified for mainland use.
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What you must do yourself: sign the power of attorney and any renunciation, and confirm your instructions directly (for example by video call) if a notary office asks. We handle the notary office, registry, tax office and bank.
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Since 7 November 2023, documents from Apostille Convention countries no longer need consular legalization for mainland China, though some countries, including India, still need it, and the Convention does not apply between the mainland and Hong Kong, Macao or Taiwan.
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Chinese embassies and consulates notarize documents only for Chinese citizens, and even for them generally not documents disposing of real estate or other major assets, such as a renunciation of inherited real estate. Heirs who are still Chinese citizens therefore also use a local notary and apostille or, in some countries, remote video notarization by a Chinese notary office.
4. Who Inherits Under Chinese Law?
Without a valid will, the estate passes to the statutory heirs:
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First order: spouse, children and parents.
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Second order: siblings and grandparents, who inherit only if no first-order heir inherits.
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Children include adopted children and supported stepchildren, and a widowed child-in-law who was the deceased's main support is also a first-order heir.
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If a child of the deceased died earlier, that child's descendants inherit the child's share by representation; since 1 January 2021, so can children of a predeceased sibling where siblings inherit. If an heir dies after the deceased but before division, that heir's share passes to the heir's own heirs.
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Shares are generally equal within an order, but an heir in special difficulty should be considered, an heir who mainly supported or lived with the deceased may receive more, and one who could but did not support the deceased may receive less or nothing. Heirs may agree otherwise.
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No inheritance tax. China does not levy an inheritance or estate tax.
5. If the Deceased Left a Will
​A valid will overrides statutory succession, and an agreement for legacy in return for support overrides both. Each form of will has strict requirements: a printed will needs two witnesses (not heirs, legatees or persons connected with them), and every page must be signed and dated. The latest valid will prevails. A will can dispose only of the deceased's own share of marital property and must reserve a share for any heir unable to work and without means of support. A will made abroad is valid in form if it complies with the law of the testator's habitual residence or nationality, or of the place where it was made. A foreign grant of probate is not automatically recognized in China.
6. Two Routes: Notarial or Court
Inheritance notarization. Where heirs agree, a notary office issues an inheritance notarial certificate, used to transfer the property and release deposits.
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Transferring the apartment without notarization. Instead of first obtaining a notarial certificate, heirs can apply directly to the real estate registration office of the Shanghai district where the apartment is located to have the title transferred into their names. All statutory heirs must then attend that office together so it can verify the inheritance documents, except any heir who has renounced by notarized statement, and the application is publicly announced for at least three months before the transfer is registered. For children abroad, notarization is usually more practical.
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Court proceedings. If heirs disagree or a will is disputed, the matter goes to court, with mediation available throughout. Inheritance disputes fall within the exclusive jurisdiction of the court for the deceased's domicile at death or the place of the principal estate assets.
7. Step by Step
1. Initial review of the family, assets and likely route.
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2. Power of attorney, notarized and apostilled abroad.
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3. Documents: a tailored checklist; we obtain Chinese records where appropriate.
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4. Asset search at the property registry and each bank.
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5. Notarization, including translation and the notary's verification.
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6. Transfer: registering the apartment in the heirs' names, selling it if required, and releasing the deposits.
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7. Remittance to the heirs' own accounts abroad, which sometimes requires an in-person visit.
8. Documents and Proving Your Identity
The deceased: medical death certificate, household-registration cancellation record, ID card, marriage records and any original will.
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The heirs: current passports, proof of relationship, and death certificates of any heirs who died earlier.
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The assets: property title certificate and bank account details.
​This list assumes the deceased was a Chinese citizen. If the deceased was not, the documents required will differ, and foreign-issued documents generally need an apostille or consular legalization and a certified translation.
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Linking your Chinese records to your passport. The notary must be satisfied that the child in the Chinese records is the holder of your foreign passport. Evidence includes your old household-registration entry and its cancellation record, your birth record, the deceased's personnel file and records of former names. The police station holding the family's old household records can issue a certificate based on them, which the notary office or an authorized lawyer can also request, and the notary office verifies the relationships itself as part of its investigation. You can also sign a same-person statement before a notary abroad and have it apostilled.​
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​A power of attorney is notarized before the apostille or legalization, and Hong Kong and Macao documents are also sealed by China Legal Services. Notaries verify kinship and, where in doubt, death and ownership records with the issuing authorities, so names and dates must be consistent.
9. How Long Does It Take?
As a general guide:
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Documents abroad: typically 1–3 months.
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Inheritance notarization: legally 15 working days after a complete application, excluding verification time, so often 1–2 months in practice.
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Real estate registration: at most 30 working days, and often much faster.
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Contested cases: commonly 12 months or more, as foreign-related cases have no six-month trial limit.
10. Selling the Apartment and Getting Money Out of China
Selling. Once registered, foreign heirs can keep or sell the apartment; restrictions on foreigners buying homes do not apply to inheritance. A power of attorney to sell must be notarized and authenticated.
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Tax. Inheriting attracts no income tax, and statutory heirs are exempt from deed tax, however many homes they or the deceased own. On a sale, both the gain and the holding period are measured from the deceased's original purchase. No VAT is due if that purchase was at least two years earlier. Income tax is 20% of the gain, or 1% of the price where the original cost cannot be documented, and is waived only if the apartment has been held for five years and is the seller's only family home, so a second or further home does not qualify.​
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Remitting funds. Foreign nationals and residents of Hong Kong, Macao and Taiwan remit inherited deposits and sale proceeds through the State Administration of Foreign Exchange (SAFE) inheritance property transfer procedure:
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The application goes to SAFE for the deceased's last household registration (SAFE in Shanghai for a Shanghai parent), with the heir's identity documents, proof of residence abroad, the inheritance notarial certificate or other proof, ownership records and tax certificates.
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All assets inherited from the same deceased must be included in a single application, so the apartment is normally sold first. Once approved, the funds can normally be paid in one or more transfers directly to the heir's own account abroad, never as foreign-currency cash, though some banks require the full approved amount to be sent at once. No application is accepted while a lawsuit involving the property is pending.
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SAFE checks that the funds genuinely derive from the estate and may refer large or unusual applications to other authorities for verification.
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A representative can file, but this stage most often needs an in-person visit.
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​This procedure does not cover heirs who are still Chinese citizens, even if settled abroad; we advise them case by case.
11. Frequently Asked Questions
I am no longer a Chinese citizen. Can I still inherit from my parent?
Yes. Foreign nationality does not prevent inheriting, and Chinese law governs the transfer of real estate in China. The differences are practical: documents issued abroad, including any power of attorney, must be authenticated and translated into Chinese, and registries generally expect a notarial certificate in foreign-related cases.
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Do I need to come to China?
Usually not. Chinese law allows an heir to apply for inheritance notarization through an agent, and with your apostilled power of attorney we deal with the notary office, registry and bank. Some notary offices require all heirs to attend, which we check first, and moving money out sometimes requires a visit.
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Which law applies if my parent lived abroad?
Without a will, real estate in China follows Chinese law, and other assets the law of the deceased's habitual residence at death: generally where they had lived for at least a year as the center of their life, excluding stays for medical treatment, labor assignments or official duties. This also applies to Hong Kong and Macao. Foreign law applies without its conflict-of-laws rules, and Chinese law applies if its content cannot be established.
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Can the bank release a small deposit without notarization?
Banks have a simplified procedure for deposits up to CNY 50,000 per banking institution, but it excludes foreign nationals, residents of Hong Kong, Macao and Taiwan, and Chinese citizens settled abroad. Heirs abroad should expect the full procedure.
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How do I find my parent's accounts and property?
A spouse, parent or child can apply in writing to each bank for details of the deceased's deposits. Heirs can search the property registry with the death certificate and proof of their right to inherit.
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Is there a deadline?
There is no fixed deadline, and an heir who does not renounce in writing is treated as accepting (a legatee must accept within 60 days). If someone infringes your rights, a three-year limitation period runs from when you knew or should have known, and courts generally will not protect claims more than 20 years after the infringement.
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Can I renounce my share, and can I change my mind?
You can renounce in writing before the estate is divided; from abroad, the statement is notarized and authenticated. After division it cannot be withdrawn, and before then a court decides. A renunciation that defeats a legal support obligation is void.
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Are heirs liable for the deceased's debts?
Only up to the value of what they inherit. An heir who renounces is not liable.
12. Next Steps
Ready to settle your parent's estate in China?
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Send us a short summary of your parent, the family and the assets in China. We usually reply the same or next business day with an initial assessment of the law, the heirs and the likely route.
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Request a Confidential Estate Review →
Email the team: family@kaimaolegal.com
Or email Flora Huang directly: florahuang@kaimaolegal.com
Phone: +86-181-2115-5305
Office: 8/F, Cloud Nine Plaza, 1118 West Yan'an Road, Shanghai, China
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Additional Resources
China Document Legalization & Apostille
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This page provides general information on Chinese law as of 24 October 2026 and is not legal advice for any particular case.
Get in Touch
Expat Legal | Shanghai Kaimao
Licensed Law Firm in the People’s Republic of China
Suite 802-805, 8/F, Cloud Nine Plaza
1118 West Yan'an Road, Changning District Shanghai 200052 China
Phone: +86-181-2115-5305
Email: family@kaimaolegal.com