1. Can foreigners inherit real estate in China?
Foreigners can inherit domestic real estate as long as the real estate is the legal property of the heirs.
2. What laws apply to foreigners inheriting real estate in China?
Article 36 of the Inheritance Law stipulates that Chinese citizens who inherit inheritance outside the People s Republic of China or inheritance of foreigners in the territory of the People s Republic of China shall apply the laws of the place where the heirs are domiciled and the laws of the place where the real estate is located. For foreigners who inherit inheritance within the territory of the People s Republic of China or for Chinese citizens outside the People s Republic of China, the law of the place where the person is domiciled applies to movable property, and the law of the place where the real property applies applies to real property. If the People s Republic of China has a treaty or agreement with a foreign country, it shall be handled in accordance with the treaty or agreement.
Therefore, Chinese law must be applied.
If overseas Chinese or foreigners inherit real estate in China, they shall go through the following procedures in accordance with relevant regulations:
3. How do foreigners inherit real estate in China?
(1) An overseas Chinese or foreigner applying for inheritance of real estate in China must apply for a notary certificate from the notary office of the country of residence to prove the applicant s occupation, residential address and his kinship with the heirs who have the real estate left in China. The notarization certificate must also be certified by the Chinese embassy or consulate in that country (except for the mutual exemption of certification between the two countries according to the consular treaty). If the overseas Chinese or foreigners have notarized documents in a country with no diplomatic relations with China, they must, in principle, be authenticated by the embassy (consulate) of that country and a third country that has diplomatic relations with that country and China.
(2) The applicant holds the above-mentioned certified notarization certificate, the death certificate of the heir, and the will to apply to the notary office where the real estate is located. After examining the relevant documents, the notary office shall issue a certificate of the right of inheritance of the house if it considers that it complies with the laws of China. The applicant uses this certificate to go to the real estate management department where the real estate is located to handle specific inheritance matters. If the applicant cannot come to China in person to handle the succession matters, he may entrust others to handle it on his behalf. The agent shall also submit a power of attorney when handling the inheritance of real estate, and the power of attorney shall record the name, address, and authority of the agent and be signed and sealed by the agent. The power of attorney should also go through notarization and authentication procedures in accordance with regulations.
(3) Overseas Chinese or foreigners who have disputes over the inheritance of real estate in China may sue to the people s court where the real estate is located, and the people s court will decide in accordance with the law. According to the inheritance law, overseas Chinese or foreigners inherit real estate in China. The law of the place where the real estate is located shall be the law of our country.