I live abroad and want to give up my share so my siblings in China can inherit. How do I do it?
An heir abroad gives up an inheritance in China with a written declaration, made after the death and before the estate is divided (Civil Code art. 1124; Interpretation (I) on Inheritance art. 35). The heir signs it before a notary where they live, then adds an apostille or consular legalisation so that a notary office or court in China can use it. An heir who says nothing is treated as accepting (Civil Code art. 1124). Once the estate has been dealt with, a change of mind is not recognised (Interpretation (I) art. 36).
June Zhang has practised law in China since 1998 and has focused on family and inheritance work since 2012. The law cited here is the Civil Code (民法典) and the Supreme People's Court's Interpretation (I) on the Inheritance Book of the Civil Code (繼承編解釋（一）, "Interpretation (I)"). In English this step is also called renouncing or disclaiming an inheritance.
What does Chinese law require to give up an inheritance?
Chinese law requires an heir who gives up an inheritance to act after the death, before the estate is divided, and in writing.
- After the death. Inheritance starts at death (Civil Code art. 1121), and an heir gives up after it starts (art. 1124). A declaration signed while your parent is alive comes too early.
- Before the estate is divided. The declaration must come after inheritance starts and before the estate is divided. If you sign after the division, the law treats it as giving up property you already own (Interpretation (I) art. 35).
- In writing. If you say nothing, you are treated as accepting (Civil Code art. 1124). The written declaration goes to the estate administrator or to the other heirs (Interpretation (I) art. 33). In a court case you can tell the court orally, and the court records it for you to sign (art. 34).
- Backdated. Giving up takes effect from the date of death (art. 37). You are treated as never having inherited.
- Debts. An heir who gives up need not pay the deceased's taxes and debts (Civil Code art. 1161).
- One limit. Giving up is void if it leaves you unable to meet a legal duty, for example a duty to support a family member (Interpretation (I) art. 32).
If you are named in a will but are not an heir, you are a legatee, and the rule runs the other way. You must accept within 60 days of learning of the gift, or you are treated as refusing it (Civil Code art. 1124).
Where does my share go if I give it up?
An heir who gives up takes nothing, and the share is divided among the remaining heirs under the inheritance rules. The first-order heirs are the spouse, children and parents of the deceased (Civil Code art. 1127). Heirs of the same order generally take equal shares (art. 1130). If a will left you something and you give it up, that part passes under the statutory rules (art. 1154). The same rule covers other gifts a will fails to pass; see making a will for property in China.
A plan to pass a share to one sibling can go wrong in two ways. If your other parent is alive, they are a first-order heir too, so part of your share goes to them. And if every first-order heir gives up, the estate passes to the second order: the deceased's brothers, sisters and grandparents (art. 1127).
Giving up does not let you pick who receives your share. If you want it to go to one sibling, look at the other two routes below.
Giving up, or accepting and passing it on: what is the difference?
Giving up sends your share to the other heirs under the statutory rules. Accepting keeps you in the division, so you can agree with the others where your share goes. There are three routes, and the paperwork and the consequences differ.
- Give up. One declaration from you. Your share is divided among the remaining heirs under the rules above, and you do not choose who gets it. You are not liable for the deceased's taxes and debts (art. 1161).
- Accept, and agree the division. You stay an heir and sign a division agreement with the others. Heirs decide by agreement when, how and in what shares the estate is divided (Civil Code art. 1132), and they can agree on unequal shares (art. 1130). The agreement can give the flat to one sibling. Your signature is needed on it.
- Accept, register, then transfer. You inherit your share and later give it to a sibling. That is two transfers of the property. Under the Deed Tax Law (契稅法), a statutory heir who takes a home by inheritance is exempt from deed tax (art. 6). A gift of a home is one of the transfers the same law covers (art. 2).
Tax depends on the route and on how the local tax office reads the facts, so we do not quote tax figures. Ask the tax office in the city where the property is. Ask a tax adviser where you live about your own country's rules; we advise on PRC law only.
How do I sign the declaration abroad so it works in China?
An heir who cannot attend the notary office in China has the declaration notarised where they are. The China Notary Association's Guidance on Inheritance Notarisation (辦理繼承公證的指導意見) asks for the declaration to be made in person before the notary handling the inheritance, or notarised if the heir cannot attend (art. 17). Abroad, that means a notary where you live, followed by an apostille or legalisation, or a Chinese embassy or consulate.
The declaration names you and gives your passport or ID number. It names the deceased and the date of death, says that you give up your inheritance, and carries your signature and the date. We draft it in Chinese and English, so the notary where you live and the office in China read the same text.
At a Chinese embassy or consulate
Chinese embassies and consulates can notarise documents (Notarization Law art. 45). This route is generally for Chinese citizens, and each mission sets its own conditions, so check with yours before you book.
Before a notary where you live
- Sign in person in front of the notary. The notarial certificate should say that the notary saw you sign. The Chinese embassy in Malaysia, for example, sets this out for declarations about inheriting or giving up an inheritance (its legalisation notes).
- If your country is party to the Apostille Convention, get an apostille, a certificate that confirms the seal and the signature, from your country's competent authority. China joined on 8 March 2023. Since 7 November 2023, a document from another contracting state needs only that state's apostille for use in mainland China, with no consular legalisation (Chinese Ministry of Foreign Affairs notice). Australia, Canada, New Zealand, the Philippines, the United Kingdom and the United States are parties; for Canada, it took effect on 11 January 2024 (Hague Conference status table).
- If your country is not a party, the document goes to your country's foreign ministry for authentication, and then to the Chinese embassy or consulate for legalisation. Malaysia, for example, is not on the status table, and the Chinese embassy there describes this route.
Neither an apostille nor a legalisation confirms what the document says, and the office in China can still check it. Documents signed in Hong Kong, Macao or Taiwan for use in the mainland follow their own routes; Hong Kong is covered in the questions below. We tell you which route applies before you sign.
If you are also signing a power of attorney for the rest of the inheritance, the same steps apply. The whole process is set out in how to inherit property in China when you live abroad.
Can I change my mind after giving up?
Once the estate has been dealt with, a change of mind is not recognised (Interpretation (I) art. 36).
- Before then, or while a court case is running, the court decides whether to accept a change of mind, based on the reasons you give (art. 36). Do not plan on it.
- The effect goes back to the date of death (art. 37). Treat your signature as final.
So find out first what the estate holds and who the other heirs are. If the family is unsure what your parent left, start with finding a deceased parent's bank accounts and property in China. Before you sign anything, send a few lines about the estate and the names of the other heirs; a conflict check comes first.
What does it cost?
Drafting the declaration costs USD 650 for the first heir and USD 250 for each further heir in the same matter.
| Service | Fee |
|---|---|
| Declaration and power of attorney for an heir abroad, bilingual, with the legalisation route (first heir) | USD 650 |
| Each further heir in the same matter | USD 250 |
| 60-minute inheritance consultation | USD 500 |
The fee covers a bilingual declaration, with the notarisation and apostille or legalisation steps written out for your country. Notary, apostille and legalisation fees where you live are charged at cost. See how enquiries, fees and payment work.
Other questions about giving up an inheritance
Does my husband or wife have to agree before I give up?
Not for the notary office, which only needs to check the intention of the heir who gives up (Guidance on Inheritance Notarisation art. 17). The limit above still applies. Giving up is void if it leaves you unable to meet a legal duty, such as supporting your family (Interpretation (I) art. 32).
If I give up, do my children inherit in my place?
No. A child's own children inherit in that child's place only when the child died before the parent (Civil Code art. 1128). If you give up, your share goes to the remaining heirs.
If my mother gives up her inheritance, does she lose her half of the family home?
No, if the home was the couple's joint property. Unless they agreed otherwise, half of it is hers and comes out before the estate is divided (Civil Code art. 1153). What she gives up is her share of the deceased's half.
I live in Hong Kong. How do I sign the declaration?
A declaration signed in Hong Kong for use in the mainland is certified by a China-Appointed Attesting Officer, appointed by China's Ministry of Justice (Measures on China-Appointed Attesting Officers (Hong Kong) arts. 2 and 3). China Legal Services (Hong Kong) Ltd then checks the document and stamps it for forwarding (art. 5).
This page explains PRC law in general terms. It is not advice on a particular estate.