China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

In China, Who Have the Right to Inheritance?

In China, the children, spouse, parents, siblings, paternal grandparents, and maternal grandparents of the heir have the right to inheritance.

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.

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

If there is a will, as a testate succession by the successor(s) or donee(s)-by-will.

 

Reference: The Civil Code: Article 1071, 1127 

 

* * *

Do you need support in Cross-Border Family Matters (Marriage and Succession)?

CJO Family's team can provide you with China-based consulting service, including case assessment and management, background check, and debt collection (‘Last Mile’ Service). If you encounter any problems in cross-border family matters, or if you wish to share your story, you can contact our Client Manager Julia Yuan (julia.yuan@chinajusticeobserver.com).

CJO Family is a product of China Justice Observer.

If you want to know more about CJO Family, please click here.

If you want to know more about CJO Family cross-border family matters service, please click here.

If you wish to read more CJO Family articles on cross-border family matters, please click here.

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises National Defense Education Law

In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.

China Updates Regulation for State Secrets Law

In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.

China Issues Regulation on Rare Earth Administration

In April 2024, China introduced its first comprehensive regulation on rare earth management, addressing production, circulation, and reserves to ensure a regulated market and sustainable industry development.

China Revises Frontier Health and Quarantine Law

In June 2024, China revised its Frontier Health and Quarantine Law (国境卫生检疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

China Issues New Regulations to Combat Cyber Violence

In June 2024, China's Cyberspace Administration, along with several ministries, issued new regulations to strengthen the governance of cyber violence, focusing on content management, user protection, and legal accountability.

China Enacts Tariff Law

In April 2024, China's legislature adopted the Tariff Law, effective December 1, 2024, establishing the legislative framework for tariff administration and clarifying tariff authorities, payers, exemptions, and preferential policies.

China Enacts Academic Degrees Law

China's legislature passed the Academic Degrees Law to regulate degree granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.