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Legal provisions and process of foreign inheritance
source：www.zchlhls.com | Release time：2024年12月20日According to article 36, paragraph 2, of the Inheritance Law, if a foreigner inherits an estate in the territory of the People's Republic of China or inherits an estate of a Chinese citizen outside the territory of the People's Republic of China, the law of the place of domicile of the decedent shall be applied in the case of movable property; in the case of immovable property, the law of the place where the immovable property is located shall be applied. Where the People's Republic of China has entered into a treaty or agreement with a foreign country, the provisions of the treaty or agreement shall be applied in accordance with the provisions of the treaty or agreement.
In addition, Article 33 of the Civil Procedure Law stipulates that litigation cases arising from inheritance shall be subject to the jurisdiction of the court in the place where the decedent was domiciled at the time of his death or in the place where the main estate is located.
It can be concluded from the above provisions that both foreign Chinese and heirs with permanent residence status abroad who wish to inherit an estate in China can rely on Chinese law and go through the relevant procedures in China, both in terms of the application of law and jurisdiction. However, when it comes to foreign inheritance, complex issues of identity, property, evidence, notary certification procedures and the application of private international law and inheritance law are involved.
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