Overseas Chinese and foreign Chinese can inherit their legal inheritance in China, and when applying for inheritance, they should go through the following procedures:
(1) First, apply for a notarial certificate from the notary public office of the country of residence to prove the occupation, address, and kinship of the heirs of the applicant inheritance in China. If the notarized documents handled by overseas Chinese or foreign Chinese in a country that does not have diplomatic relations with China, they must be authenticated by the Ministry of Foreign Affairs of that country and the embassies or consulates of third countries that have diplomatic relations with both China and China;
(2) Come to China to apply to the notary public office where the estate is located for inheritance formalities. The applicant should go to the notary office in person with a notarial certificate certified by our embassy or consulate in the country, and the death certificate of the decedent (if there is a will, it should be accompanied by the will). The notary public will issue a certificate of inheritance to the applicant after reviewing the certificate provided by the applicant and determining that it complies with the relevant provisions of the Inheritance Law of the People’s Republic of China;
(3) The applicant shall handle inheritance matters with the estate administration department in accordance with legal procedures and other heirs in the same order with the certificate of inheritance issued by the notary public in China;
(4) If the main facts that the heir of the estate needs to prove occur in China, the heir can also apply for notarization at the relevant local notary public in China, and the notary public will issue a certificate of inheritance;
(5) The heir of the estate cannot come to China in person to apply for the relevant formalities of inheritance, and may entrust his relatives within the territory of the People’s Republic of China to handle it on his behalf, and if there are no relatives or friends, he may entrust the legal counsel office of the place where the estate is located to recommend a lawyer to handle it. In the case of entrusting a lawyer, the applicant must apply for a power of attorney;
(6) The content of the power of attorney shall specify the name, address, and authority of the trustee. The power of attorney must be authenticated by our embassy or consulate in the country to be valid;
(7) In the event of a dispute over inheritance, the applicant may file a lawsuit with the people’s court where the estate is located. According to the Civil Procedure Law of the People’s Republic of China, lawsuits arising from inheritance disputes shall be subject to the jurisdiction of the people’s court in the place where the decedent dies or where the main estate is located. Litigation for infringement of inheritance rights shall be under the jurisdiction of the people’s court where the tort or defendant is domiciled.