China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

In China, Who Have the Right to Inheritance?

In China, the children, spouse, parents, siblings, paternal grandparents, and maternal grandparents of the heir have the right to inheritance.

If there is no will, the estate of a decedent shall be succeeded in the following order: (1) first in order: spouse, children, and parents; (2) second in order: siblings, paternal grandparents, and maternal grandparents.

When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit the estate in default of any successor first in order.

The right to inheritance is equal no matter what the sex is and whether they are the children born in or out of wedlock.

In China, it is regarded as the intestate succession compared to the testate succession.

If there is a will, as a testate succession by the successor(s) or donee(s)-by-will.

 

Reference: The Civil Code: Article 1071, 1127 

 

* * *

Do you need support in Cross-Border Family Matters (Marriage and Succession)?

CJO Family's team can provide you with China-based consulting service, including case assessment and management, background check, and debt collection (‘Last Mile’ Service). If you encounter any problems in cross-border family matters, or if you wish to share your story, you can contact our Client Manager Julia Yuan (julia.yuan@chinajusticeobserver.com).

CJO Family is a product of China Justice Observer.

If you want to know more about CJO Family, please click here.

If you want to know more about CJO Family cross-border family matters service, please click here.

If you wish to read more CJO Family articles on cross-border family matters, please click here.

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

China Enhances Legal Aid Law Implementation

In November 2023, China’s Supreme People’s Court and other top judicial bodies jointly issued measures to implement the Legal Aid Law, clarifying responsibilities and ensuring parties' rights to legal aid.