China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Who Gets Someone's Property When They Die in China?

Both a successor designated in a will and an intestate successor shall be entitled to relevant portion of the estate after the death of the decedent.

In China, there are two forms of succession, intestate succession (statutory succession) and testate succession.

Intestate succession applies if the decedent does not make a will. In this case, the estate will be inherited in the following orders:

(1)First-order inheritors(heirs), spouse, children, and parents;

(2)Second-order inheritors: siblings, paternal grandparents, and maternal grandparents.

When succession opens(begins), the first-order inheritor(s) shall inherit to the exclusion of the second-order inheritor(s). The second-order inheritor(s) shall inherit the estate in default of any first-order inheritor. In general, inheritor(s) in the same order shall inherit in equal proportions.

Men and women are equal in their right to inheritance. Children born in or out of wedlock, adopted children, stepchildren, blood parents and adoptive parents, and stepparents are also equal in their right to inheritance.

If the decedent makes a will, the succession shall take place in accordance with the will.

A natural person may, by making a will, designate one or more of his/her statutory inheritor(s) to inherit his/her estate. A natural person may, by making a will, donate his/her estate to the State, collectives, or organizations or individuals other than his/her statutory inheritor(s).

References: Articles 1126, 1127, 1130, and 1133 of the Civil Code

 

 

Cover Photo by sasint (https://pixabay.com/users/sasint-3639875/) on Pixabay

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

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.

China Revises Marine Environment Protection Law

In October 2023, the Standing Committee of the National People's Congress, China's legislature, promulgated the newly revised Marine Environment Protection Law, which imposes stricter regulations on activities in the marine environment and prohibits certain discharges and dumping.