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Provisions on foreign inheritance procedures
source：www.zchlhls.com | Release time：2024年08月03日Procedures for foreign-related inheritance
1. According to Article 36 of the Law of Succession and the relevant provisions of the Ministry of Justice, a notary public office with jurisdiction may handle the following matters of notarisation of inheritance:
(1) The parties applying for inheritance of movable property of Chinese citizens or foreigners residing in China outside the country;(2) An application by a party to inherit movable or immovable property in China of a foreigner residing in China;
(3) parties applying to inherit immovable property in China of a foreigner residing outside China.
2. In the following cases, instead of providing a notarial certificate of inheritance, the notary public shall, depending on the circumstances, issue for the parties a certificate of kinship with the decedent, a certificate of marriage, or a certificate of birth of the parties concerned, which will be sent extraterritorially and dealt with in accordance with the law of inheritance under the law of the place of the decedent's domicile or under the law of the place where the decedent's immovable property is situated:
(1) The parties need to inherit the immovable property of a Chinese citizen or a foreigner outside the country;
(2) The parties need to inherit the movable property of a Chinese citizen or foreigner residing abroad outside the country;
(3) The person concerned needs to inherit the movable property of a foreigner residing abroad within the territory of China.
3. When applying for a foreign-related inheritance notary, all the heirs shall submit their applications to the same notary organ. If some of the parties are unable to come for the application because they are working abroad or in a foreign country, they should make a power of attorney to entrust their relatives or friends to apply for the application on their behalf. The power of attorney should be notarised and certified by the notary public of the local or host country and by the embassy or consulate of the country in question. For parties in Hong Kong, the power of attorney shall be notarised by a Hong Kong lawyer appointed by the Ministry of Justice. For heirs who renounce their inheritance rights, they should provide the notary with a qualified "Declaration of Renunciation of Inheritance Rights".
4. When applying for a notarisation of foreign inheritance rights, the parties concerned shall fill in the notarisation application form and submit the following documents and materials.
Foreigners involved in domestic inheritance matters are required to comply with the provisions of the relevant laws of China, in particular, to submit relevant documents to confirm their status as heirs. If the inheritance identity requirements are not met, the inheritance processing cannot be carried out. Specific cases should be dealt with according to the actual situation in conjunction with notarial procedures.
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