Note: More than 60 million overseas Chinese live across almost 200 countries and regions. As more Chinese high-net-worth individuals obtain foreign status, demand for cross-border asset allocation and wealth succession continues to grow. When a person abroad dies, how should the overseas real estate, bank assets and other property be handled? Which law applies, and can relatives in China inherit successfully?
The Zhongxin Legal Information team has recently acted in several matters involving Chinese nationals inheriting relatives’ estates in Singapore. This article introduces the main steps and documentary requirements for a Chinese national inheriting an overseas estate.
01 What forms can succession take?
An estate means the lawful personal property left by a person at death. Succession is the legal transfer of that property to another person. The deceased is the decedent, and the person who lawfully receives the property is the heir.
Common forms include testamentary succession, legacy, a bequest-and-support agreement and intestate succession. Under bilateral consular arrangements and Chinese law, the decedent may be Chinese or foreign, including a foreign national of Chinese descent. A Chinese heir may live in China or abroad.
In many countries, property left at death is frozen by the court and cannot be dealt with until succession procedures are completed.
There are generally two situations:
- If the deceased left a will, the designated heirs apply to the court under the required procedures and receive the estate after the will is accepted. Formal requirements for wills differ by country and should be assessed under the law of the estate’s location.
- If there is no will, relatives apply to the court, which confirms their inheritance rights before the estate can be distributed.
Succession laws commonly rank heirs approximately as follows: (1) spouse; (2) children; (3) parents; (4) siblings and grandparents; and (5) other collateral relatives.
- Applications should proceed in order and cannot skip a higher-ranking class. If an heir has died, a death certificate is required. A lawful heir who waives inheritance must sign a Statement of Waiver of Inheritance.
02 Which country’s law applies to an overseas estate?
Under China’s Law on the Application of Laws for Foreign-Related Civil Relations, succession follows two main rules.
Intestate succession
- Movables: the law of the deceased’s habitual residence at death;
- Immovables: the law of the place where the immovable property is located.
Testamentary succession
A will is generally valid if it satisfies the formal requirements of the law of the testator’s habitual residence at the time of making the will or death, nationality, or the place where the will was made.
Examples:
- If the deceased lived abroad and all assets are abroad, foreign law generally applies to both movable and immovable assets;
- If the deceased lived in China but owned real estate abroad, Chinese law may apply to movables and the law of the property’s location to the real estate; and
- If the deceased lived abroad but owned real estate in China, foreign law may apply to movables and Chinese law to the real estate.
The applicable law may therefore differ according to habitual residence, nationality, the location of real estate and the place where the will was made.
03 Why must status as an overseas Chinese, returned overseas Chinese or relative of an overseas Chinese be confirmed?
An overseas succession matter may involve an overseas Chinese, a returned overseas Chinese, a relative of an overseas Chinese or a Chinese relative of another person who went abroad.
Overseas Chinese: A Chinese citizen who has settled abroad. Settlement generally requires long-term or permanent residence and at least two years of continuous residence, with at least 18 months accumulated during that period. A Chinese citizen with five or more years of lawful residence and at least 30 months of actual residence during those five years may also qualify. Students and persons temporarily abroad for official work are not treated as overseas Chinese during that period.
Returned overseas Chinese: An overseas Chinese who has returned to China for settlement, or a foreign national of Chinese descent who has resumed or obtained Chinese nationality and completed the relevant settlement procedures.
Relative of an overseas Chinese: The spouse, parents, children and their spouses, siblings, grandparents, grandchildren and other relatives with a long-term support relationship with an overseas or returned overseas Chinese. A foreign national of Chinese descent generally means a former Chinese citizen or descendant who holds a foreign nationality.
Chinese relatives of other persons abroad: This includes the spouses, children, parents, siblings and grandparents of Chinese citizens who went abroad for study, business, work, tourism, family visits or official duties.
04 What are the usual steps for a Chinese citizen inheriting an overseas estate?
(1) Obtain identity and relationship certificates
The applicant should take an identity card, household register, the deceased’s death notice and other materials to a notary in the applicant’s place of residence to obtain a certificate of family relationship and a certificate of inheritance rights.
(2) Arrange travel documents or powers of attorney
With the notarized certificates and death notice, the applicant may apply for travel documents through the relevant immigration authority. The applicant may authorize a relative, friend or lawyer to act abroad, or authorize a lawyer or relative in the deceased’s country of nationality or the location of the estate. The power of attorney must be notarized.
(3) Identify the estate and separate movables from immovables
Before applying, the applicant or agent should identify what assets exist, where they are located and which are movable or immovable. Assistance may be sought from the Chinese embassy or consulate, or from local lawyers or institutions.
(4) Deal with estate tax and appoint an executor
If the country where the estate is located imposes estate tax, it is generally paid there first. Singapore and China currently do not impose estate tax, subject to current official rules.
The applicant then applies to the court where the estate is located. After review, the court issues an estate-administration document—known in Singapore as Letters of Administration. Only then may the heir or appointed executor lawfully collect and dispose of the estate. The deceased’s debts must be paid before the balance is distributed.
05 Basic evidence commonly required
(1) Where the Chinese applicant is an intestate heir
The basic documents usually include:
- Identity documents: identity card, household register and passport, if any. If the Chinese household registration was cancelled, provide the relevant police certificate;
- Title or ownership evidence for the estate;
- The deceased’s death certificate, or a court declaration of death where the person is missing;
- Evidence of the deceased’s marriage, parents and children, and proof of family relationships;
- A Statement of Waiver of Inheritance from any heir who waives;
- Death and relationship certificates for a deceased heir, and documents proving representation by descendants where applicable;
- A certificate confirming that no will exists, where appropriate; and
- Other documents required by the notary.
Documents issued abroad must generally be notarized locally and authenticated by Apostille or by a Chinese embassy or consulate.
(2) Where the Chinese applicant is a testamentary heir
In addition to the documents above, provide:
- The deceased’s will;
- Authentication by the relevant Chinese embassy or consulate for an overseas will;
- The identity documents of the executor, if any; and
- Other materials requested by the notary.
06 What assistance can Chinese consular officials provide?
Under Article 5(7) of the Vienna Convention on Consular Relations and bilateral consular agreements, Chinese consular officials may lawfully assist Chinese citizens and entities with death and succession matters in the receiving country and protect their legitimate rights. As of 2025, the Convention had 182 parties, and China’s consular agreements with many countries generally provide similar assistance.
Under the Guide to Chinese Consular Protection and Assistance, a consular office may:
- Provide information about the deceased;
- Authenticate a death certificate that has been notarized and authenticated by the authorities of the host country;
- Provide general legal information;
- Assist with engaging a local lawyer; and
- Help urge the relevant authorities to expedite visa procedures if the heir needs to travel to handle the estate.
In practice, heirs should consider obtaining notarized birth, family-relationship, marital-status, adoption and power-of-attorney documents in China in advance, and completing authentication through China’s Ministry of Foreign Affairs or the relevant provincial foreign-affairs office.
Where assistance is needed, contact the nearest Chinese embassy or consulate or call the Ministry of Foreign Affairs’ 12308 hotline.
07 When can a local Bank of China branch be instructed?
Under the Bank of China’s private overseas-estate collection service, a Chinese citizen living in China who cannot or need not travel to the country where the property is located may instruct a local Bank of China branch. The general process is:
- Obtain and complete the estate-collection application and case-information form, and submit them with the death certificate and evidence of the estate, such as deeds, share certificates, deposit certificates or safe-deposit-box keys;
- After review, the bank will introduce the applicant to a local notary for certificates of inheritance rights, powers of attorney and other documents. These documents must be translated and authenticated for use abroad; and
- The applicant should confirm in advance whether the service is still available, as foreign-exchange and banking rules differ by jurisdiction.
The historical service network has included Hong Kong, Macao, Singapore, Canada, Malaysia, Australia, New Zealand, Japan and the United States. Relevant branches and trustees should confirm current availability before engagement.
Conclusion
Depending on the circumstances, a Chinese heir may authorize relatives, other heirs, Bank of China, overseas-Chinese organizations, local lawyers or Chinese diplomatic missions to assist with an overseas inheritance. Each jurisdiction has its own civil and succession laws governing estate administration, the order of heirs, limitation periods and required procedures. The process should therefore follow international practice and the law of the country or region where the asset is located.
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This article is general information and not legal advice. Specific matters require assessment by appropriately qualified professionals.