Chinese mainland residents inheriting foreign inheritance, they generally have to apply for it at the domestic notary office:
(1) Notarized certificate of kinship, that is, notarization of the legal relationship between the heir and the decedent (such as father-child relationship, mother-child relationship, husband and wife relationship, brother and sister relationship, etc.);
(2) Notarial certificate of death, that is, notarization that the decedent has died;
(3) Notarial Certificate of Inheritance;
(4) Notarized certificate of will;
(5) Identity notarial deeds and other documents.
Notarized documents for inheritance in foreign countries generally need to be authenticated by the embassy or consulate of the host country in China.
Which notarial deeds and certificates are required depends on the requirements of the country where the document is used.
What should I do if a Chinese citizen is unable to go in person to inherit a foreign inheritance?
Chinese citizens residing in China may entrust local relatives or friends or local lawyers to handle inheritance matters abroad when they are unable or inconvenient to go to the country where the inheritance is located for any reason.
What are the laws applicable to foreign inheritance?
(1) Legal inheritance (i.e. intestate inheritance)
Legal inheritance applies to the law of the place of habitual residence at the time of the decedent’s death, but legal succession to immovable property applies to the law of the location of the immovable property.
(2) Testamentary succession
Is the Will Valid?
A will is established if it complies with the law of the testator’s habitual residence at the time of making the will or at the time of death, the law of the country of nationality or the law of the place where the testament was performed.
Will validity?
The validity of a will shall be governed by the law of the testator’s habitual residence at the time of the testator’s will or at the time of his death or the law of the country of nationality.
For matters such as the administration of the estate, the law of the place where the estate is located shall apply. In the case of uninherited inheritance, the law of the place where the decedent dies shall apply. Where the People’s Republic of China has concluded treaties or agreements with foreign countries, they shall be handled in accordance with the provisions of the treaties or agreements.