When Someone Dies Who Gets His/Her Property in China?

During the lifetime, one can specify in the will who inherits his/her house and other heritage.

If the person has no will, the decedent’s children, spouse, parents, siblings, paternal grandparents, and maternal grandparents may inherit his/her estate.

Under Chinese law, the former is called Testate Succession, and the latter is called Intestate Succession (also referred to as “Legal/Statutory Succession”).

1. Testate Succession

Anyone may, by making a will, dispose his/her estate to any organization or individual and designate the inheritance.

In other words, in China, you can determine who inherits and how much by appointing the successor among the statutory successor, such as your spouse, children, parents, siblings, paternal grandparents and maternal grandparents.

In addition, you may, by making a will, donate your estate to the State or a collective, or an organization or individual other than your statutory successor.

2. Statutory/Legal succession

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

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’s.

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