Which documents does an heir living abroad need to inherit in China?
A Chinese notary office asks heirs for proof of death, proof of each heir's relationship to the deceased, identity documents, title papers, any will, and a notarised power of attorney from heirs who don't attend (Guidance on Inheritance Notarisation, Article 3). Papers made outside mainland China need a local notary and an apostille, or consular legalisation if the country is outside the Apostille Convention. Hong Kong, Macao and Taiwan papers follow their own routes.
June Zhang is a PRC lawyer in Xiamen, practising since 1998 and focused on family and inheritance since 2012. This page lists the documents. For the whole route, from signing abroad to registering the property, see how to inherit property in China from abroad.
What does the notary office ask for?
The notary office works from a fixed list in the China Notary Association's Guidance on Inheritance Notarisation (辦理繼承公證的指導意見), Article 3.
| Document | What counts | Where an heir abroad gets it |
|---|---|---|
| Proof of death | A medical or police death certificate, a household deregistration record showing the date of death, a court judgment declaring death, or a notarised certificate of death (Article 3). | Death in China: the hospital or police there. Death abroad: that country's certificate, with an apostille or legalisation. |
| Proof of relationship | Marriage, adoption or birth registration records, a notarial certificate, or a certificate from a personnel office, local government or police (Article 3). | A notarial certificate from your country of residence on your relationship to the deceased, then legalisation or an apostille (Ministry of Foreign Affairs reply of 1980, item 1). |
| An heir who has since died | That heir's proof of death, and proof of relationship for each of their own statutory heirs (Article 3(4)). | The same routes, for each person. |
| Identity | Each applicant's identity document (Article 3(1)). | Your passport or other ID. |
| Title papers | The originals for registered property, such as the title certificate (Article 3(5)). | Often kept by family in China. |
| Wills and marital agreements | The originals of every will or legacy-for-support agreement, and any written property agreement between the deceased and the spouse (Article 3(6) and (7)). | Tell us about every version. |
| Documents you sign | A notarised power of attorney from an heir who appoints someone (Article 3(9)); a declaration from an heir who gives up (Article 3(8)). | Signed where you live. See what they should say. |
If a record is missing, two or more other documents that together prove the death or the relationship can take its place (Article 4). The notary office checks them with whoever issued them, and they must agree (Article 7). A lost title certificate can be replaced by proof from the office that issued it (Article 4).
The notary office checks every proof of relationship with the body that issued it (Article 6), so a record from an office that is hard to reach slows the file.
Which documents need an apostille or legalisation?
A document made outside mainland China has to be certified before a Chinese office relies on it. Since 7 November 2023, a public document from another member of the Apostille Convention needs only that country's apostille for use in mainland China, with no consular legalisation (Ministry of Foreign Affairs notice).
An apostille is a one-page certificate. It confirms the signature, the signer's capacity and the seal (Apostille Convention, Article 5). It doesn't vouch for the content.
- Government records, such as a birth, marriage or death certificate, are public documents, so the apostille goes on the record itself (Article 1).
- Documents you sign, such as a power of attorney, become public documents through a notary's certificate. You sign before a local notary, and the apostille goes on the notary's certificate (Article 1).
- Countries outside the Convention, such as Malaysia and the United Arab Emirates (neither is on the Hague Conference status table), use a longer chain: a local notary, that country's foreign ministry, then the Chinese embassy or consulate (Ministry of Foreign Affairs reply of 1980, item 1).
- Check the date for your country. The Convention doesn't apply between China and every member, and some countries join later. For Thailand it takes effect on 28 February 2027.
Records issued in mainland China need none of these steps. Nor does a notarial certificate from a Chinese embassy or consulate, which is issued under Chinese law (Notarisation Law, Article 45).
What if I sign in Hong Kong, Macao or Taiwan?
Documents signed in Hong Kong, Macao or Taiwan for the mainland have their own systems. The apostille isn't used between these places and the mainland.
- Hong Kong: a China-Appointed Attesting Officer, a Hong Kong lawyer appointed by China's Ministry of Justice, attests the document. China Legal Services (Hong Kong) Ltd then checks it and adds its seal for use on the mainland (Measures on China-Appointed Attesting Officers (Hong Kong), Articles 2 and 5). The Ministry of Justice treats this as the required route for Hong Kong residents' notarial documents (notice of 2003, item 1).
- Macao: Macao lawyers appointed by the Ministry of Justice act as attesting officers, and China Legal Services (Macao) checks their certificates for use on the mainland (Ministry of Justice office notice of 2019, item 2).
- Taiwan: a Taiwan notary notarises the document. The Straits Exchange Foundation sends a copy to the notaries' association on the mainland, so the office here can check it (Agreement on the Use and Verification of Notarial Certificates, 1993, items 1 and 2). It covers certificates on inheritance, death, birth, marriage, adoption, powers of attorney and property rights, among others (item 2).
For Taiwan, watch the wording: the Ministry of Justice has told the mainland notaries' associations to send back, and not use, copies with certain wording on nationality or territory (notice of 2001, item 2). June Zhang checks the wording early.
I'm a Chinese citizen living abroad. Is there another way?
Yes. Chinese embassies and consulates can notarise documents (Notarisation Law, Article 45). Since 1 June 2023 they also offer remote video notarisation with notary offices in China (Ministry of Foreign Affairs notice). Each mission decides what it accepts.
On a visit to China, you can sign the power of attorney at a notary office in the city where you are, because a power of attorney about real estate can be notarised where it is signed (Notarisation Law, Article 25).
What should the power of attorney and declarations say?
A written power of attorney names the agent, the matters, the powers and how long it lasts, and you sign it (Civil Code, Article 165). For an inheritance, the matters usually run from applying for the notarisation to registering the property. If one is left out, you sign again.
An agent can apply for you. Only matters such as wills, proof of being alive and adoption must be notarised in person (Notarisation Law, Article 26).
An heir who gives up the inheritance must say so in writing before the estate is dealt with, and saying nothing counts as accepting (Civil Code, Article 1124). The declaration is made in person before the notary in China, or notarised if the heir can't attend (Guidance, Article 17). The choices are set out in giving up an inheritance in China from abroad.
We draft both in Chinese and English, with signing steps for your country. The notary abroad and the office in China read the same text, so these two documents need no separate translation.
Do the documents need a Chinese translation?
A Chinese court needs a Chinese translation of every foreign-language document (Supreme People's Court Interpretation on the Civil Procedure Law, Article 525). The notary office writes its own certificate in Chinese (Rules on Notarisation Procedures, Article 43).
For legalisation, the Chinese embassy in Malaysia takes documents in Chinese or English and asks for a Chinese translation of anything in Malay or another language (its legalisation notes). Before anyone pays for a translation, June Zhang asks the notary office or registry which translations it accepts.
Where do document files go wrong?
A notary office refuses to act on insufficient papers, or when an applicant won't supply more (Notarisation Law, Article 31(6)). Check these before anything is posted:
- The notary didn't watch you sign. For declarations, powers of attorney and papers on inheriting or giving up property, the embassy in Malaysia requires you to sign in person before the notary, with notarial wording that says so. A certificate that only confirms a copy falls short.
- Names don't match. The notary office must check that each person is who they say they are (Guidance, Article 5). A married name, a different English spelling or a former Chinese name must be linked to the same person first.
- An heir who died after the deceased is left out. Their death, and their own heirs, are part of the file (Article 3(4)).
To start, send a few lines about who died, where the property is, and the names of the heirs and the country each lives in. A conflict check comes first. Hold back passport scans and certificates until you are told how to send them.
Are the rules different if the case goes to court?
Yes, a court applies its own evidence rules. Evidence of a family relationship formed abroad must be notarised there and legalised by the Chinese embassy, or go through the procedure in a treaty between China and that country (Provisions on Evidence in Civil Proceedings, Article 16). The notary route ends when an heir disagrees (Notarisation Law, Article 31(4)); what happens next is on inheritance disputes in China.
Selected matter
Names, places, dates and amounts have been removed. These show the type of work involved and do not promise any outcome.
An heir in Hong Kong and a share of a flat in China
The deceased was a Chinese Filipino who held a share of a flat in China. The deceased's daughter, a Hong Kong resident, instructed June Zhang to handle the inheritance. It was completed through notarisation, without a court case.
What does it cost?
| Service | Fee |
|---|---|
| Power of attorney and declarations for an heir abroad, bilingual, with signing steps for your country (first heir) | USD 650 |
| Each further heir in the same matter | USD 250 |
| Handling the inheritance notarisation (one estate, up to three heirs) | from USD 3,500 |
| Each further heir in the notarisation | USD 500 |
| Written assessment for heirs abroad, with a document checklist for each heir | USD 1,950 |
| 60-minute inheritance consultation | USD 500 |
Notary, apostille, legalisation and translation fees are paid at cost. See how fees and payment work.
Questions about documents
Does an apostille replace the notary?
For a document you sign yourself, such as a power of attorney, the local notary comes first, because the apostille confirms the notary's signature and seal on the certificate (Apostille Convention, Articles 1 and 5).
Can I send scans of the documents?
For title papers, wills and legacy-for-support agreements, the notary office asks for the originals (Guidance on Inheritance Notarisation, Article 3), so plan to post those. A scan lets June Zhang check a document before the original travels.
My parent died abroad. Which death certificate works?
The death certificate from the country where your parent died, with that country's apostille or legalisation. If your parent still had a household registration in China, a deregistration record showing the date of death is also on the notary's list (Guidance, Article 3).
I hold a Hong Kong ID but live in Australia. Which route do I use?
If you sign in Australia, use an Australian notary and an Australian apostille, because a China-Appointed Attesting Officer certifies only acts, facts and documents in Hong Kong (Measures on China-Appointed Attesting Officers (Hong Kong), Article 3).
Do my siblings in China need documents too?
Yes. All heirs to the same estate apply together to one notary office (Guidance, Article 2), and the office needs the details and proof of relationship of every statutory heir (Article 3(3)).