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Civil Code — Inheritance (Succession) · Yalla China

民法典 继承编 / Civil Code — Inheritance (Succession)

Enacted: 2020-05-28 ✅ Effective: 2021-01-01

📝 Overview

The part of the Civil Code that governs how an estate is passed on: wills and intestate succession where there is no will. It explains who the statutory heirs are and their order, that you can make a valid and notarised will, and how a foreigner's estate and heirs are handled.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

Key practical points:
• Where there is no valid will, the estate passes to statutory heirs in an order set by law (closer relatives first).
• You can make a will to decide how your assets are distributed, and it generally takes priority over the default distribution rules.
• Having a will notarised gives it stronger evidential weight and reduces later disputes.
• Wills come in several forms (handwritten, notarised, made before witnesses), and each form has validity conditions that must be met.
• A foreigner's estate and heirs can be dealt with in China, especially for assets located inside China such as property and accounts.
• Assets spread across several countries may be subject to different laws, so coordination between your home country and China matters.
• Keep clear ownership documents (property, accounts, companies) to make transfer to your heirs easier.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
This part of the Civil Code matters to any family with assets in China, because it decides what happens to your money and property after death. If you leave no will, the law distributes the estate to statutory heirs in a fixed order that may not match your wishes; so making and notarising a will is the best way to control what happens to your assets and reduce disputes. For foreigners whose assets are spread across several countries, it is wise to consult a specialist to coordinate a cross-border will. This is general orientation only, not formal legal advice.

🚔 Illustrative example / related case

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
Dying without a will… the estate follows a fixed order
The situation: A foreigner living in China who held a bank account, a company share and some property died suddenly without leaving a written will. His family members disagreed over who was entitled to what, especially since he also had assets in his home country.

Applicable law: Under the Inheritance part of the Civil Code, where there is no will the estate passes to statutory heirs in a predetermined order and shares, which do not necessarily reflect the deceased's personal wishes or undocumented arrangements.

Typical outcome: Distribution was delayed by the dispute, by difficulty proving ownership of some assets, and by the cross-border complexity. Someone who had held a notarised will and clear ownership documents would have had his wishes carried out far more smoothly.
🎓 The lesson / takeaway: Lesson: If you hold assets in China, make and notarise a will, and keep clear ownership documents for each asset. Coordinate your assets inside and outside China; this spares your family disputes and ensures your wishes are carried out.
Read the full case →
📎 Official source npc.gov.cn

🕒 Updated: 16 March 2026

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