Who can inherit property in China

If a person dies without a will in China, his closest relatives will inherit the assets. The Surviving spouse, children, and the deceased’s parents are first in order. This is according to Chinese law. It is a codified law system. The Chinese Legal System is an integration of constitutional law, civil law, commercial laws, administrative law, economic laws and criminal laws, litigation and non-litigation procedure laws, as well as other legal branches. The law is the same throughout China. That means it is the same in Beijing, Shanghai, Guangzhou, and Shenzhen. No matter which city the deceased is in, the law is the same.

When succession starts, the heirs in the first order shall inherit to the exclusion of the second heirs. If there are no heirs in the first order, the heirs in the second order shall inherit the estate. Parents have the right to inherit is a great difference from other countries. For example, the deceased James has a wife, two children, parents, and two siblings, a pair of grandparents. As a spouse, the two children and the parents are the first heirs. They have the right to inherit. Each of them has one-fifth. Children have more responsibility to take care of their parents when they are old. So that the parents have the right of inheritance.

If the deceased doesn’t have a spouse, children, or parents, the siblings and grandparents are the heirs to inherit the estates. 

Please feel free to contact me if you have any inheritance issues, estate planning etc.

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