The situation: A foreign resident in China dies leaving bank accounts and personal property in China, with heirs outside China.
Applicable law: The Book of Inheritance in the Civil Code (2021). Order of heirs: spouse, children and parents first. Written or notarised wills are recognised. For foreigners: Chinese law applies to real property within China, while the law of the deceased's nationality applies to moveable assets under the conflict-of-laws principle. Families are advised to obtain certified translations of the death certificate, proof of identity and relationship.
Typical outcome: Inheritance proceedings through court or notary taking several months, then transfer of assets to heirs after payment of taxes and debts.
📜 Civil Code (general rules) · Awareness case
Inheritance in China — How a Foreigner's Estate Is Handled If They Die in China · Yalla China
🤝 Governing law: 民法典 / Civil Code Book 6 (Inheritance), Arts 1119-1163
A foreigner dies in China leaving assets. How is the will or inheritance handled under Chinese law?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: Write a clear will and have it notarised in China. Keep and update a list of your assets in China. It is advisable to have a Power of Attorney authorising a trusted person to act on your behalf in emergencies.
🕒 Updated: 16 March 2026